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Terms and Conditions Version 1 February 2022 <br />ChargePoint, Inc. <br />240 East Hacienda Avenue <br />Campbell CA 95008 USA. <br /> <br /> <br />8 <br />and the results of the generated data by the service frequently. <br />12. Service Level Agreement <br />12.1 In a separate document (a Service Level Agreement or, “SLA”), ViriCiti may commit itself to: <br />a certain actions in the event of Errors; and/or <br />b providing support to Client; and/or <br />c guaranteeing a certain amount of uptime or availability; <br />d in accordance with the conditions of the SLA. <br />12.2 The actions referred to in the preceding paragraph may include – starting - the repair of Errors. <br />12.3 The SLA may always be amended unilaterally by ViriCiti, provided this amendment shall not <br />materially degrade Client’s rights to support thereunder. <br />12.4 In the event of an Error, Client’s only right shall be to claim performance of the SLA. <br />12.5 Client shall inform ViriCiti about all relevant circumstances in order to achieve the service levels <br />agreed to. <br />12.6 The availability measured by ViriCiti shall be deemed to be full evidence of such availability, <br />provided Client does not provide overriding evidence of the contrary. <br />13. The Units <br />13.7 Unless otherwise agreed, ViriCiti shall deliver ordered Units and ordered Other Materials in <br />accordance with the Incoterm “FCA”, ChargePoint/ViriCiti Warehouse, Almere, the Netherlands ”. <br />Regardless of the way the goods are delivered, FCA or otherwise agreed, Client shall pay or <br />reimburse ViriCiti in respect of all clearing and import costs (custom charges). <br />13.8 The risk of loss, damages or depreciation of the Units or Other Materials shall transfer to Client <br />upon the moment ViriCiti makes said goods available for unloading at the place of destination. <br />Unloading is carried out at Client’s risk. Notwithstanding the aforesaid, if and when ViriCiti <br />arranges for transport, ViriCiti shall take out, for the account of Client, customary insurance for all <br />risks involved in delivering the Units and Other Materials to the delivery location specif ied by <br />Client. Risks exceeding the insured amount will be borne by Client. <br />13.9 ViriCiti shall only be oblig ated to install, configure and connect the Units if agreed upon <br />specifically in writing between ViriCiti and Client. <br />14. Acceptance; Warranty of the Units and Other Materials <br />14.1 Client shall promptly examine the Units and Other Materials following delivery. Client shall <br />examine and determine if the quality and/or quantity of the delivered the Units and Other <br />Materials corresponds with the Agreement. Any visible defects must be reported in writing to <br />ViriCiti within seven days after delivery. Non-visible defects must be reported in writing to ViriCiti <br />immediately and in any event no later than within fourteen days upon the discovery thereof and <br />within 30 days following delivery. Notification of any alleged defect must at least include a detailed <br />description of the alleged defect, as to enable ViriCiti to respond adequately. Client must provide <br />all necessary information to ViriCiti as to enable ViriCiti to examine the complaint.