- Region and Language
- Region and language
Acceptance/ Rejection of Purchase Order. Supplier will have the right to accept or reject a purchase order in its sole discretion. Commencement of work, shipment of any goods providing services shall constitute acceptance by Supplier of this purchase order and the terms and conditions purchase order may not be used as a blanket purchase order covering future orders unless specifically authorized by Element in writing.
Order of Precedence. Unless otherwise specified herein and absent any contract between Element Fleet Corporation (“Element”) and Supplier, this purchase order shall provide the complete and exclusive statement of the terms and conditions between Element and Supplier which may only be altered or amended in writing. In the event of inconsistency or conflict between these terms and conditions and other terms and conditions outside of the purchase order, the following order precedence shall apply: (i) written contract between Element and Supplier; (ii) purchase order; (iii) technical specifications or warranty attached; and (iv) technical specifications referenced. This purchase order and documents shall supersede the terms of any offer made by Supplier.
Termination. Element will not have the right to cancel a purchase order without Supplier’s prior written consent.
Limited Warranty / Limitation of Liability. Exhibit A, annexed hereto and forming a part hereof, sets forth Supplier’s warranty, warranty conditions and limitations and limitation of liability on the part of Supplier which shall apply to each product ordered pursuant to this purchase order.
Prices. Supplier will fix the invoice price for the Autel 50A Elite Gen 1 charger at $845 USD and provide invoices to Element in the same amount per unit. Notwithstanding the foregoing, Element will be eligible for a rebate (payable by Supplier quarterly and to the Element entity designated by Element) equivalent to the number of units ordered in the previous calendar quarter multiplied by the per unit rebate payment set forth in Exhibit B. Pricing for other Supplier products will be negotiated in good faith by the parties. All prices quoted by Supplier are valid for sixty (60) days, unless otherwise stated in writing. All prices for the products will be as specified by Supplier via sku or model number.
Invoicing and Taxes. Supplier agrees to issue separate invoices referencing the purchase order number, quantity ordered, description of goods and/or services, unit prices and extended totals- Element will pay Supplier’s correctly-prepared and undisputed invoices for Services within forty-five (45) days of receipt, unless otherwise agreed in writing between the parties Element shall pay the invoice price in connection with any delivery from the Supplier to Element’s client for undisputed invoices. In the event of any dispute arising over any part of an invoice or the total amount due under an invoice, Element and Supplier shall in good faith attempt to resolve any disputed invoice within thirty (30) days of Element’s written notification of such dispute.
All stated prices are exclusive of any taxes, fees, duties, and levies, however designated or imposed, including but not limited to value-added and withholding taxes that are levied or based upon the amounts paid under these Terms (collectively, “Taxes”). Any Taxes related to the Products purchased pursuant to these Terms are the responsibility of Element (excluding taxes based on Supplier’s net income), unless Element presents a valid tax exemption certificate that meets the applicable tax authority requirements.
Risk of Loss. Regardless of the method of shipment used, Supplier shall bear the risk of loss, destruction or damage until the goods and/or services are accepted by Element or Element's client's representatives authorized to take delivery.
Compliance. Supplier represents that any agents, employees or subcontractors operating vehicles owned or operated by Supplier, its affiliates its clients are licensed as required by law and in good standing as defined in the applicable jurisdiction. All work performed by Supplier for Element will be fully compliant with all applicable federal, state, and local laws and regulations.
Inspection, Acceptance or Rejection of Products. Upon receiving Element's instructions, Supplier shall make arrangements for delivery of goods and/or services to Element or Elements clients. Payment by Element shall not constitute acceptance. Element or Element's clients reserve the right to inspect the goods (including inspection during any state of the manufacturing, construction or preparation of the goods) or work performed and reject any or all of the goods or services which are in Element's or Element's clients’ judgment defective or not in conformance with the purchase order pursuant to the terms herein.
As used in this section, “Nonconforming Products” means only the following: (i) the items shipped are different from those identified in Element’s purchase order; or (ii) on visual inspection Element’s or Element’s client determines the goods are damaged or otherwise defective products. Element’s client (or their employees) will inspect the Products within fifteen (15) days following the installation thereof (the “Inspection Period”). The Products will be deemed accepted at the end of the Inspection Period unless Element notifies Supplier in writing of any Nonconforming Products and furnishes Supplier with written evidence or other documentation reasonably required by Supplier to the extent available to Element. Notwithstanding the acceptance of the products, the products remain subject to Supplier’s warranty provisions.
If Element notifies Supplier of any Nonconforming Products prior to expiration of the Inspection Period, then Supplier will, in discussion with Element, (i) replace the Nonconforming Products with conforming Products, or (ii) credit or refund the purchase price for the Nonconforming Products. Supplier shall be responsible for arranging and paying any shipping and handling expenses directly. At Supplier’s request and direction, if available to Element, Element will return the Nonconforming Products at Supplier’s expense or dispose of the Nonconforming Products in a manner approved by Supplier. Supplier will promptly refund the monies owed or ship the replacement Products to the delivery location (selected by Element) at Supplier’s expense, with Supplier retaining the risk of loss until delivery is complete.
Element acknowledges and agrees that the remedies set forth in this Section are Element’s exclusive remedies and Supplier’s sole liability for the delivery of Nonconforming Products, and except as set forth in this section, Element has no right to return the products to Supplier without Supplier’s written authorization. Notwithstanding the foregoing, the products remain subject to Supplier’s warranty provisions.
Information Security. Supplier will maintain an information security program in order to (i) secure and maintain confidentiality of information belonging or pertaining to Element and/or its clients; (ii) protect against any threats or hazards to the security or integrity of such information; (iii) protect against unauthorized access to or use of such information; and (iv) comply with all applicable laws. In the event of a security breach resulting in release of such information, Supplier will take actions reasonably necessary to protect the interests of Element and its clients and to comply with applicable law.
Assignment. Supplier may not assign, subcontract or transfer this purchase order, the work required to be done or any payments to be made hereunder without the prior written consent of Element. Any purported assignment in violation hereof will be null and void.
Indemnity. Supplier agrees to indemnify, defend and hold Element and its clients, and each of their respective its officers, directors, and employees harmless from and against any and all losses, damages or expenses of whatever form or nature, including attorneys' fees and other costs of legal defense, that they, or any of them, may sustain or incur as a result of any acts or omissions of Supplier or any of its directors, officers, employees, or agents, including but not limited to (i) any negligent act or omission, , misconduct or other intentional tortious conduct on the part of Supplier, or its officers, directors, employees or agents in connection with the performance of its obligations under this purchase order, (ii) violation by Supplier (or any of its directors, officers, employees, or agents) of any applicable law, regulation, or order, including but not limited to data privacy laws, (iii) any bodily injury, death of any third party, or damage to real or tangible personal property caused by defects in manufacturing, design or construction, or failure to warn with respect to Products sold to Element pursuant to this purchase order; and (iv) any patent, trademark, or copyright infringement or other intellectual property claims; and (vi) any claim by Element’s clients (or their employees/drivers) that their data or identity was disclosed by Supplier to any third party.
LIMITATION OF LIABILITY. EXCEPT FOR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND REVENUES, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Right of Setoff. Element may setoff against any amounts owing to Element with respect to any disputed Purchase Order.
Data Collection. Customer acknowledges and agrees to the collection, processing, and international transfer to Supplier of personal data and information related to the business relationship between Element and Supplier (“Data”) only for the purpose of providing Element with products contemplated herein. Supplier shall be the exclusive owner of all Data. Several jurisdictions in the United States and Canada have established requirements for businesses processing individuals’ personal information. To meet these requirements, Element has established data protection standards for all of its suppliers. Those standards can be found here https://www.elementfleet.com/vendor-data-privacy-agreement. By agreeing to this purchase order, Supplier agrees to Element’s DPA terms.
Compliance with Laws. Each party will at all times and at its own expense: (i) comply with all applicable laws, rules, regulations, ordinances, and governmental orders, now or hereafter in effect, relating to its performance of its own obligations under this purchase order (ii) pay all fees and other charges required by such laws, rules, regulations and orders related to this purchase order; and (iii) maintain in full force and affect all licenses, permits, authorizations, registrations, and qualifications from all applicable governmental departments and agencies to the extent necessary to perform its obligations hereunder.
Dispute Resolution and Governing Law. Any claim or controversy arising out of or relating to this purchase order including, but not limited to, its breach, existence, validity or enforceability (i) will be settled by binding arbitration by a single arbitrator under the Commercial Rules of Arbitration of the Arbitration Association and conducted in Delaware; and (ii) the laws of the State of Delaware and the United States will govern this purchase order, irrespective of its conflicts of law provisions. The arbitrator’s ruling will be final with respect to this purchase order and may be enforced by any court of competent jurisdiction.
Autel warrants to each of Element, Element’s clients and their applicable employees/end users that (a) with respect to AC EV Charger Products, such Products and firmware will be free from defect in materials and workmanship for a period of three (3) years (extendable to 5 years), from the date of purchase, and (b) with respect to DC EV Charger Products, such Products will be free from defect in materials, workmanship and software code (inclusive of any firmware) for a period of three (3) years (extendable to a minimum of 5 years), in each case subject to the terms and conditions contained herein. See attached Autel MaxiCharger Warranty Service Document for additional provisions. Autel will honor warranty from clients purchasing covered Products directly from Element. Any inconsistency between this Exhibit A – Company Product Warranty and the attached Autel MaxiCharger Warranty Service Document, this Exhibit A shall control.
These limited warranties only cover defects in materials and workmanship for the pertinent warranty period and is limited to the free repair or replacement of the Product or defective part, as determined by the Autel in its sole discretion. THE REPAIR OR REPLACEMENT OF THE PRODUCT OR PART IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY TO ANY IMPLIED WARRANTY. COMPANY MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, AND NO REPRESENTATIVE, EMPLOYEE, DISTRIBUTOR, RESELLER OR DEALER OF AUTEL HAS THE AUTHORITY TO MAKE OR IMPLY ANY REPRESENTATION, PROMISE OR AGREEMENT, WHICH IN ANY WAY VARIES THE TERMS OF THIS LIMITED WARRANTY.
THE PROVISIONS FOR THIS LIMITED WARRANTY SHALL NOT APPLY TO FAILURE DUE TO: abuse or neglect, including but not limited to physical damage, improper wiring, corrosion, lack of proper maintenance as outlined in the Product manual; damage caused by improper installation of the Product, , submersion, short circuits due to improper handling, or damage caused by natural disasters, such as: flood, fire, lightning, or any other accidents from human causes, vandalism, misuse, normal wear and tear, extreme-climate conditions or abnormal environmental causes that are out of Company’s control, including but not limited to extreme thermal environment, air pollution.
THE FOREGOING LIMITED WARRANTY CONSTITUTES AUTEL’S EXCLUSIVE LIABILITY AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR ANY BREACH OF OR ANY OTHER NONCONFORMITY OF THE PRODUCTS COVERED BY THIS WARRANTY. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO REPRESENTATIVE, EMPLOYEE, DISTRIBUTOR OR DEALER OF AUTEL HAS THE AUTHORITY TO MAKE OR IMPLY ANY WARRANTY, REPRESENTATION, PROMISE OR AGREEMENT, WHICH IN ANY WAY VARIES THE TERMS OF THIS LIMITED WARRANTY.
UNDER NO CIRCUMSTANCES SHALL AUTEL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR OTHER DAMAGES WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO THE PRODUCTS SOLD TO CUSTOMER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THE COMPANY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN CUSTOMERS.
Thank you for choosing Autel Maxi Charger. This Limited Warranty applies to physical products purchased from Autel. Autel provides global support and availability giving you a trouble-free charging experience. Please contact Autel tech support email (autelenergy@autel.com) for further inquiries.Please follow the following process before calling or emailing Autel tech support team:
Check all cables are installed correctly and are not loose or have been damaged.
Make sure there is a good connection between charger connector and vehicle.
Check the vehicle manufacturers’ charging guidelines (for example, doors may need to be locked to charge, etc.)
Make sure the vehicle software is the latest version, please refer to the vehicle manufacturer guidelines.
Make sure the charger is online – we will not be able to remotely diagnose if it is offline.
If none of the above steps solve the issues, then please:
Call Autel tech support hotline (1-844-765-0150), or
Email Autel tech support email (autelenergy@autel.com), please take pictures or videos of your concern.
If the fault cannot be diagnosed remotely, Autel will, on a case-by-case basis, and upon mutual agreement, Autel may dispatch a certified engineer onsite to rectify and fix the issue. Additional service costs may apply.
Products Warrantied
The following limited warranty only applies to Maxi Charger AC/DC EV chargers of up to 640kW manufactured by Autel.
Limited Warranty
Autel warrants that its Autel Maxi Charger EV Products (“Maxi Charger Product”), including charger sockets, charger connectors and cables, if any, shall be free from defect in materials and workmanship which impacts the functionality of the Product under normal application, installation, use and service conditions for the warranty period set forth in the table below commencing from the date the Maxi Charger Product is shipped by Autel.
Limited product standard warranty period as below. Standard warranty is “parts only”.
Product | Standard Warranty | RMA or Repair | Warranty Extension |
AC Charger (Residential) | 3 years | RMA* | Optional to extend to 5 years** |
AC Charger (Commercial) | 3 years | RMA* | Optional to extend to 5 years** |
DC Charger | 2 years | Repair | Optional to extend to 5 years |
*Autel will cover the shipment of any replacement charger.
**Warranty Extension: Warranty extension package may be purchased before charger warranty period expires.
Please consult with Autel for the most accurate and up to date warranty extension pricing.
Autel’s limited warranty shall be to replace a defective Product. Replacement shall mean furnishing a new Product, which is identical or reasonably equivalent to the warranted product at no cost to user during the limited warranty period, whichever, except for transportation expenses which shall be the responsibility of the user, unless outlined in this warranty. All parts and components replaced under warranty shall become the property of Autel and must be returned to Autel properly packed to prevent physical damage, upon Autel’s request, inclusive of all transportation expenses. Autel’s limited warranty is further limited as set forth below under “Limitations and Exclusions.
”THE FOREGOING LIMITED WARRANTY CONSTITUTES AUTEL’S EXCLUSIVE LIABILITY AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR ANY BREACH OF OR ANY OTHER NONCONFORMITY OF THE PRODUCTS COVERED BY THIS WARRANTY. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. AUTEL MAKES NO WARRANTY, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO REPRESENTATIVE, EMPLOYEE, DISTRIBUTOR OR DEALER OF AUTEL HAS THE AUTHORITY TO MAKE OR IMPLY ANY WARRANTY, REPRESENTATION, PROMISE OR AGREEMENT, WHICH IN ANY WAY VARIES THE TERMS OF THIS LIMITED WARRANTY.
UNDER NO CIRCUMSTANCES SHALL AUTEL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR OTHER DAMAGES WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO THE PRODUCTS SOLD TO CUSTOMER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF AUTEL IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Limitations and Exclusions
The aforementioned “Limited Warranty” does not apply to any MaxiCharger Product which has been subjected to:
a. Wear and tear, cosmetic changes of Maxi Charger’s, such as the cosmetic changes of out-casing, socket, scratch on screen, charger cable, charging connector, etc.
b. Any unauthorized modifications made to the MaxiCharger without the approval of an Autel Engineer prior to, during or after the installation is strictly prohibited. (Ref NEC Code 110.3B)
Unauthorized repair or modifications.
Service or install by unqualified technicians under the relevant law at the place of installation.
Only certified and licensed installers or electricians can be used to install and service Autel chargers.
Repair with unauthorized spare parts or components of MaxiCharger.
The extreme-climate conditions or abnormal environmental causes that are out of Autel control. Including but not limited to extreme thermal environment, air pollution.
Damage caused by natural disasters, such as: flood, fire, lightning, or any other accidents from human causes, vandalism, misuse, normal wear and tear.
Defective components in the construction on which the MaxiCharger are mounted.
Damage caused by vehicle issue.
Consumable parts.
General Requirements and Conditions for Warranty Claims
Any replacement or repair requests as to a MaxiCharger Product can only be initiated or issued by the party that purchased the subject Product directly from Autel, including all purchases through reseller channels, and customers who have purchased the Product directly from Autel.
No warranty periods or terms shall be extended because of a warranty claim or remedy.
The Limited Warranty will not cover the subsequent costs of the charger. Any uninstall or reinstall is not included.
If sold through distributor or reseller, the distributor or reseller should offer the name, installation date, address, and Installation address of the end customer.