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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 />9 <br />14.2 ViriCiti warrants for a period of two years following delivery that the Units will materially conform <br />to ViriCiti’s published specifications in effect as of the date of manufacture and will be free from <br />material defects in material and workmanship. The Parties may agree on an extension of such <br />warranty period against an additional fee. The foregoing warranty shall apply with respect to a ny <br />Units that are repaired or replaced with the period of the warranty beginning on the date of initi al <br />delivery (i.e., not the date of repair or replacement). The sole remedy for a breach of the <br />foregoing warranty is repair or replacement (at ViriCiti’s election) of the defective Unit. After the <br />warranty period, ViriCiti shall not be in default or liable in any way, should a defect in a Unit occur. <br />Regarding Other Materials, unless otherwise specified, this clause applies similarly. <br />14.3 A warranty on Units and Other Materials does not cover travel costs, transportation costs and <br />damages caused by assembly or disassembly. <br />14.4 No warranty,neither explicit nor implicit, shall apply: <br />a if Client, a User or a third party has made any alterations, modifications or changes to the Units or Other <br />Materials without the express written consent of ViriCiti; <br />b to defects caused by or the result of improper or inappropriate use, improper storage or maintenance by <br />Client, a User or a third party; <br />c if the Units or Other Materials are sold or transferred by Client to a third party; <br />d if the Units or Other Materials are used for any purpose other than indicated, including the use not in <br />accordance with the instruction manual or instructions given by ViriCiti <br />e to defect caused by or arises from any circumstances that are outside ViriCiti's control, including but not <br />limited to weather conditions (for instance, but not limited to extreme temperatures or rainfall), or <br />f if Client does not satisfy any of its obligations under the Agreement. <br />14.5 Claims do not influence Client’s payment obligations under the Agreement. Client remains <br />obligated to accept and pay for the Units, Licenses, Development Costs and Other Materials in <br />accordance with article 3 of these terms. <br />14.6 ViriCiti, at its sole discretion, is entitled to decide to either replace or repair defect ive Units or <br />Other Materials. <br />14.7 The materials replaced by ViriCiti under warranty shall become ViriCiti’s property after the <br />replacement thereof. <br />14.8 The warranty does not include the performance of data conversion wh ich may be necessary as <br />the result of the defect, repair or replacement. <br />14.9 Client cannot invoke rights with regard to non-conformity of materials delivered other than as <br />expressly set out in this article. <br />14.10 If a warranty claim has no merit, including a defect reported later than the warranty period set out <br />in the first subclause of this article, Client will no longer be entitled to repair or replacement free <br />of charge or any compensation by ViriCiti. Costs of performed work or recovery, including <br />research costs, outside the scope of this warranty shall be charged by ViriCiti in accordance with <br />the usual rates. <br />14.11 EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 1 4.2 VIRICITI MAKES NO <br />WARRANTY WHATSOEVER WITH RESPECT TO THE UNITS, OTHER MATERIALS OR