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Qmerit will recruit Installers and verify the qualifications of Installers in accordance with the criteria set forth in this section. Any minimum requirements or qualifications required for an Installer to be active in the Program shall be specified in this section.
Qmerit will verify that each item received on the Qmerit Platform are complete and comply with the requirements stated herein. The parties agree that an Installer shall be designated as a “Certified Installer” and eligible to perform installations for their EV Drivers (“Installation Services”) once Qmerit has received and verified the following from an Installer:
a. Criminal Search for the county in which the technician resides;
b. National Criminal Search;
c. Sex Offender Search;
d. SSN Trace;
e. Global Watchlist Search.
Neither Element nor Qmerit shall be responsible for any of the results of Certified Installer’s work. Element and Qmerit disclaim all liability or warranties, express or implied, with regard to the work performed by a Certified Installer. Certified Installers shall remain liable to the EV Driver for the work performed and all warranty obligations to the EV Driver. Fleet Client acknowledges that while Qmerit takes certain steps to examine the qualifications of Certified Installers in accordance with the criteria provided in this Scope of Services, Qmerit makes no guarantees regarding the quality or accuracy of the services that such Certified Installers may perform for Customers. It is entirely up to the Fleet Client or EV Driver to enter into a direct contract or otherwise reach agreement with a Certified Installer located through the Qmerit Platform. Certified Installers are not employees, agents or subcontractors of Element or Qmerit.
IN NO EVENT SHALL EITHER ELEMENT OR QMERIT, BE LIABLE UNDER THIS SCOPE OF SERVICES FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED THE SERVICES. IN NO EVENT SHALL EITHER ELEMENT OR QMERIT BE LIABILE UNDER THIS SCOPE OF SERVICES FOR ANY AMOUNT IN EXCESS OF $1,000,000.