MANUFACTURER’S LIMITED HARDWARE
WARRANTY & AGREEMENT
This Manufacturer’s Limited Hardware Warranty & Agreement (“Warranty”) is an agreement between you and the Unico Power Corporation.
BY PURCHASING OR USING YOUR UNICO POWER ELECTRIC VEHICLE CHARGING STATION PRODUCT, YOU AGREE TO THIS WARRANTY. PLEASE READ AND SAVE A COPY FOR YOUR RECORDS. IF YOU DO NOT ACCEPT THIS WARRANTY, DO NOT USE YOUR UNICO POWER PRODUCT AND RETURN IT UNUSED TO YOUR RETAILER, RESELLER FOR A REFUND. IF YOU RETURN IT, THIS WARRANTY WILL GOVERN WHAT OCCURS BEFORE YOUR RETURN.
RELATION TO CONSUMER LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND IS IN ADDITION TO, NOT IN PLACE OF, ANY RIGHTS YOU MAY HAVE UNDER CONSUMER OR OTHER LAWS APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE. OTHER THAN AS PERMITTED BY LAW, UNICO POWER DOES NOT EXCLUDE, LIMIT, OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT.
(a) "Unico Power Product" means a genuine Unico Power electric vehicle charging station hardware product purchased from Unico Power or an authorized retailer or reseller.
(b) "Normal Use Conditions" means ordinary consumer use under normal conditions according to the instruction manual and any other support documentation provided by Unico Power for the Unico Power Product.
Without prejudice to any legal (statutory) rights to which you may be entitled under your local law, this Warranty lasts for two (2) years from the date of original purchase from Unico Power or an authorized retailer or reseller.
This Warranty is valid only in Canada.
(a) Unico Power warrants that the Unico Power Product will not malfunction due to a defect in materials or workmanship under Normal Use Conditions.
(b) Subject to your legal (statutory) rights under your local law (which may include the Province of Quebec), this Warranty is the only guarantee, warranty, or condition Unico Power gives for your Unico Power Product. No one else may give any guarantee, warranty, or condition on Unico Power's behalf.
(c) IF YOUR LOCAL LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS THE SAME AS THIS WARRANTY. SOME PROVINCES (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. How to Get Warranty Service
Before providing warranty service, Unico Power or its agents may require you to provide proof of purchase for the Unico Power Product. Please contact Unico Power at email@example.com and ensure your building name and address, as well as your contact information, including phone number.
6. Unico Power’s Responsibility
(a) If Unico Power determines that the Unico Power Product malfunctioned under Normal Use Conditions during the warranty period due to a defect in materials or workmanship, Unico Power will (at its option) repair or replace it or the defective part, or refund the purchase price in exchange for the return of the Unico Power Product, unless a mandatory provision of your local law provides otherwise. Unless a mandatory provision of your local law provides otherwise, repair may use new or refurbished parts, and replacement may be with a new or refurbished unit. When replacing the unit, Unico Power may use either the same unit model or, if unavailable, the model nearest to the original model's form, functionality, and performance, in Unico Power's sole discretion. The Unico Power Product or all parts of your Unico Power Product that Unico Power has replaced become Unico Power's property.
(b) Unless a mandatory provision of your local law provides otherwise (which may include the Province of Quebec), after repair or replacement, your Unico Power Product will be covered by this Warranty for the longer of the remainder of your original warranty period or 90 days after Unico Power ships it to you.
(c) UNLESS A MANDATORY PROVISION OF YOUR LOCAL LAW PROVIDES OTHERWISE, UNICO POWER'S RESPONSIBILITY TO REPAIR OR REPLACE YOUR UNICO POWER PRODUCT OR TO REFUND THE PURCHASE PRICE IS YOUR EXCLUSIVE REMEDY.
(d) Subject to your local law (which may include the Province of Quebec), if your Unico Power Product malfunctions after one year (or other time in Section 2) from the original purchase date or if your Unico Power Product is otherwise excluded from this Warranty, Unico Power may charge you a fee for its efforts (whether successful or not) to diagnose and service any problems with it.
7. Warranty Exclusions
To the extent permitted by your local law, Unico Power is not responsible, and this Warranty does not apply (and Unico Power may not offer service even for a fee to):
(a) A Unico Power Product not purchased from Unico Power or an authorized retailer or reseller;
(b) Damage caused by use with products, applications, or services not manufactured, licensed, or supplied by Unico Power;
(c) A Unico Power Product that has had its serial number altered or removed;
(d) Damage caused by any external cause (including, for example, by being misused, dropped, vandalized, disassembling, theft, or faulty storage);
(e) Damage caused by use not in accordance with the user manual or any other instruction Unico Power provided;
(f) Damage caused by repairs or modifications done by someone other than Unico Power or a Unico Power authorized service provider;
(g) Scratches, dents, other cosmetic damage, or damage reasonably expected as a result of normal wear and tear;
(h) Any physical damage caused to the charging cable;
(i) Acts of God or nature such as tornadoes, earthquakes, or floods;
(j) Damage caused by hacking, cracking, viruses or other malware, or by unauthorized
access to services, accounts, computer systems, or networks
(k) a Unico Power Product that has had its software or hardware modified to alter its functionality or capabilities using malicious code, malware, bots, worms, trojans, backdoors, exploits, cheats, fraud, hacks, hidden diagnostics, or other mechanisms:
i. to disable security or content-protection mechanisms;
ii. to deceive or defraud Unico Power or others; or
iii. that may harm the product or our systems.
This Warranty applies only if your Unico Power Product is used with the Unico Power operating system preinstalled in your Unico Power Product, or any contemporaneous or later version of that operating system.
This Warranty does not apply to (a) consumable parts designed to diminish over time, such as a reduction in the charging capacity of the battery resulting from its natural end-of-product life, unless the failure occurred due to a defect in materials or workmanship, or (b) other networks or systems on which the Unico Power Product operates.
This Warranty does not apply to any other Unico Power products such as the energy management system or Faro gateway controller.
This Warranty does not apply to any software distributed by Unico Power with the Unico Power Product.
Unico Power does not guarantee that your use of the Unico Power Product will be uninterrupted, timely, secure, or error-free, or that data loss will not occur.
8. Warranty Transfer
This Warranty only applies to the original purchaser of the Unico Power Product named in the original invoice provided by Unico Power or by its authorized partners.
This warranty may only be transferred when the original purchaser of the Unico Power Product sells their condominium unit and/or transfers the right to their parking stall with the Unico Power Product to a new owner. The new owner must register with Unico Power to complete the transfer of the warranty.
9. EXCLUSION OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE PROVIDED UNDER YOUR LOCAL LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), UNICO POWER IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE YOUR UNICO POWER PRODUCT. THESE EXCLUSIONS APPLY EVEN IF UNICO POWER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY YOUR LOCAL LAW, IF YOU HAVE ANY BASIS FOR A REMEDY BEYOND REPAIR, REPLACEMENT, OR REFUND—SEE SECTION 6(c), UNICO POWER'S LIABILITY TO YOU CAN BE NO MORE THAN THE PURCHASE PRICE PAID FOR THE UNICO POWER PRODUCT (AS APPLICABLE).
10. Additional Terms
All parts of this Warranty apply to the maximum extent permitted by your local law or unless prohibited by your local law. If a court or arbitrator holds that Unico Power cannot enforce a part of this Warranty as written, those parts shall be deemed replaced with similar terms to the extent enforceable under the relevant law (or where a local court or arbitrator will not amend this Warranty, and such part will be severed), but the rest of this Warranty won't change.
11. Choice of Law
If you live in (or, if a business, your principal place of business is in) Canada, the laws of the Province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this Warranty, claims for breach of it, and all other claims (including consumer protection, unfair competition, implied warranty and tort claims), regardless of conflict of laws principles.