Limited Warranty

Last Modified: December 29, 2023

This Limited Warranty (this “Warranty”) applies to the purchasers of any Products from Atom Power, Inc. (“Atom Power”), and is subject to the General Terms and Conditions for the Sale of Products and Services (the “Terms”) located at Terms & Conditions, whose terms and conditions are incorporated herein and made a part hereof. Capitalized terms used but not defined herein shall have the meaning ascribed thereto in the Terms.

This warranty is not transferable, assignable or licensable except to the extent expressly permitted under the Terms or otherwise expressly agreed to in writing by an authorized representative of Atom Power.

This Warranty shall be governed by and construed in accordance with Section 10.3 of the Terms.

This Warranty is the entire and exclusive agreement between purchaser and Atom Power with respect to the subject matter set forth herein, and any modification or waiver of any provision of this Warranty is not effective unless expressly set forth in writing by an authorized representative of Atom Power.

Wall Box

48A

AEV-48WB-S18, AEV-48WB-S25,
AEV-48WB-D18, AEV-48WB-D25

80A

AEV-80WB-S18, AEV-80WB-S25,
AEV-80WB-D18, AEV-80WB-D25

Pedestal

48A

AEV-48PED-R18, AEV-48PED-R25,
AEV-48PED-L18, AEV-48PED-L25,
AEV-48PED-D18, AEV-48PED-D25

80A

AEV-80PED-R18, AEV-80PED-R25,
AEV-80PED-L18, AEV-80PED-L25,
AEV-80PED-D18, AEV-80PED-D25

CMS Pedestal

48A
AEV-48CMPED-R18, AEV-48CMPED-R25
AEV-48CMPED-L18, AEV-48CMPED-L25
AEV-48CMPED-D18, AEV-48CMPED-D25

Switch

48A

AS2P60-EVSE-A, AS2P60-EVSE-B

80A

AS2P100-EVSE-A, AS2P100-EVSE-B

Enclosure

AP3P400-EVSE-3R

LTE

AP-LTE-SW1

For the period of time set forth in the applicable Ordering Document and beginning on the Effective Date, the unmodified Products will be free from significant defects in design, materials and workmanship. Atom Power does not make any representation or warranty with respect to any Third-Party Materials that it may sell to Customer. Third-Party Materials are covered (if at all) by the original manufacturer’s warranty (if any).

Atom Power’s sole and exclusive liability for any warrantied Products will be (at Atom Power’s option) to (i) credit Customer’s account for the original purchase price of the Products; or to (ii) either repair or replace the Products. Repairs will be completed with new, reconditioned, or factory-rebuilt parts at Atom Power’s sole option.

Warranty benefits will be extended only if: (a) Atom Power is promptly notified by Customer in writing upon discovery (and within the applicable warranty period) that the Products were found to have failed or be defective and the notification contains a detailed explanation of any alleged deficiencies; (b) such Products are returned to Atom Power, Delivered at Place (DAP) (Incoterms 2020) Atom Power’s factory or warehouse; and (c) Atom Power’s examination of the returned Products indicates that the alleged deficiencies actually exist and were not caused by accident, misuse, neglect, alteration, improper installation, unauthorized repair or improper testing. If the returned Products are found to be defective, Atom Power will reimburse Customer for the reasonable transportation charges paid by Customer for the return of the Products.

Customer must complete a Return Materials Authorization form (“RMA”) for the return of the Products and must obtain an RMA number from Atom Power before returning the Products. The Products must be returned with complete identification, freight prepaid, and in accordance with Atom Power’s instructions or they will not be accepted. In no event will Atom Power be responsible for Products returned without proper authorization made under such RMA.

Level 2 Wall Mount

48A

H48-48A-25-S001

For the period of time set forth in the applicable Ordering Document (and if such period is not listed therein, 24 months), subject to any warranty extensions that may be set forth in such Ordering Document or in writing mutually agreed between Atom Power and Customer, this Product will conform to the applicable drawings, specifications, samples, and other descriptions upon which such Ordering Document is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship and free from defect.

Customer may inspect this Product and either accept such Product or reject such Products solely if they: (i) do not match the make and model number listed in the applicable Ordering Document; (ii) materially exceed the quantity of Products ordered by Customer pursuant to any Ordering Document; or (iii) were physically damaged or inoperable before the shipment thereof (collectively, the “Nonconforming Products”).

Any notice of Nonconforming Products must list the items that are not being accepted by Product number, including serial number, where applicable, and supporting photographic or other evidence of the reason they are being rejected. Customer will be deemed to have accepted the Product unless it timely notifies Atom Power in writing of any Nonconforming Products in accordance with the RMA guidelines set forth above.

If Atom Power confirms in its sole but reasonable discretion that the Products are Nonconforming Products, Atom Power will (in its sole discretion): (a) replace such Nonconforming Products with conforming Products at no cost to Customer; or (b) refund the price paid for such Nonconforming Products, together with all shipping and handling expenses incurred by Customer in connection therewith.

In addition, any sub-assemblies and spare parts for any components for Products under an Ordering Document, shall be made available to Customer during the operational life of the Products purchased under an Ordering Document, but at least for fifteen (15) years after the date of final shipment under such Ordering Document. During such period, Customer shall be entitled to receive reasonable technical support and service with respect to such Products.

DCFC

30kW

TP5-30-480-1

60kW

TP3-60-480-2, TP5-60-480-2

120kW

TP4-120-480-2, TP5-120-480-2

The warranty period for these Products start immediately upon the earlier of: (a) the installation of such Products, or (b) 60 days after the date of delivery to Customer.

These Products are covered by a limited warranty against all manufacturing defects by the original owner in the USA for two years from the date of purchase thereof under any applicable Ordering Document.

Customer’s remedy for any defective Products shall be limited to the repair or replacement of the part with the same or equivalent, or reconditioned product warranted for 90-days or the balance of the original warranty, whichever is longer. All warranty claims must be made in accordance with the RMA guidelines noted above.

The warranty for these Products will not include insurance costs, loss of charging station revenue, nor loss or damage of any kind whatsoever, whether incidental, consequential or otherwise.

The foregoing warranty shall also exclude any damages to any Products due to normal wear and tear to charging cords, connectors, LCD display, keypad, or any product alteration or modification, misuse, abuse, accident, vandalism, acts of nature, power surges, or use of software, parts, or supplies not supplied by Atom Power, and causes other than manufacturing defects not covered by the limited warranty for these Products.

Atom Power disclaims any liability for damage to product, property, or personal injury resulting in whole or in part, from improper installation, maintenance or use that is not in accordance with any installation and maintenance procedures provided to Customer by Atom Power.

This limited warranty does not apply to, and Atom Power will not be responsible for, any defect in or damage to these Products to the extent such Products:

Have been misused, neglected, tampered with, altered, or otherwise damaged, either internally or externally.
Have been improperly installed, operated, handled or used, including use under conditions for which the product was not designed, use in an unsuitable environment, or use in a manner contrary to any Installation and Operations Manual provided by Atom Power or any other applicable laws or regulations.
Have been subjected to fire, water, generalized corrosion, biological infestations, acts of God, or input voltage that creates operating conditions beyond the maximum or minimum limits listed in the Product specifications or installation manual, including high input voltage from generators or lightning strikes.
Have been subjected to incidental or consequential damage caused by defects of other components of the electrical system; or
Have had the original identification markings (including trademark or serial number) defaced, altered, or removed.

The foregoing warranty for these Products do not cover costs related to the removal, installation or troubleshooting of the customer's electrical systems. In addition, the warranty for these Products do not extend beyond the original cost of such Product payable by Customer, as may be set forth in any applicable Ordering Document.

In addition, any sub-assemblies and spare parts for any components for Products under an Ordering Document shall be made available to Customer during the operational life of the Product(s) purchased, but at least for ten (10) years after the date of final shipment under an Ordering Document. Further, during such period, Atom Power shall continue to provide (or cause to be provided) reasonable technical support and service at the same level customarily provided to its other customers.

Atom Power represents and warrants that these Products will be free from material defects in workmanship and materials for a period of 24 months from the date of shipment to Customer. An extended warranty period may be available for purchase upon request by Customer.

Atom Power’s sole and exclusive liability for any of these warrantied Products will be (at the Atom Powers option) to (i) credit the Customer’s account for the original purchase price of the Products under any applicable Ordering Document, or to (ii) either repair or replace such Products. Repairs will be completed with new, reconditioned, or factory-rebuilt parts at Atom Power’s sole option.

ALL WARRANTY CLAIMS MUST BE MADE WITHIN THE WARRANTY PERIOD CORRESPONDING WITH THESE PRODUCTS AND PROOF OF PURCHASE ACCEPTABLE TO ATOM POWER MUST BE SUPPLIED.

Atom Power shall not be liable for a breach of this limited warranty unless: (i) Customer gives written notice of the defect, reasonably described, to Atom Power within thirty (30) days of the time when Customer discovers or ought to have discovered the defect; (ii) Atom Power is given a reasonable opportunity after receiving the notice to examine such allegedly defective Product and Customer (if requested to do so by Atom Power in accordance with the above-referenced RMA guidelines) returns such Product to Atom Power’s designated return location for the examination to take place there; and (iii) Atom Power reasonably verifies Customer’s claim that such Products are defective.

Customer is responsible for all costs associated with dismounting and removal of the Product, re-installation of the replacement unit, and any other costs not expressly ascribed to Atom Power hereunder or under any applicable Ordering Document. Moreover, if a Product is returned and Atom Power determines after inspection that such Product is not materially defective, or defect is not covered under the terms of this Limited Warranty, the customer shall bear the shipping costs with respect thereto.

This limited warranty does not cover routine maintenance, and also does not cover any defect in or damage to any Product (1) caused by unreasonable or unintended use of the Product; (2) which occur after the expiration of the limited warranty coverage period defined above; (3) caused by improper installation; (4) caused by the Product being maintained, altered, modified, opened or repaired, other than by any dealer or service technician authorized by Atom Power; (5) caused by misuse, abuse, accidents, neglect, absence of scheduled maintenance, acts of God, vandalism, flood, fire or any other occurrences beyond the control of Atom Power; or (6) related to any components or parts not supplied by Atom Power which are attached to any part of the Product or any damage done to the Product as a result of parts not supplied by Manufacturer being attached to any part of the Product.

DCFC

200kW

FC200K-B2

400kW / 600kW

DP400K-B2-PS, PC600K-B2-PS

ALL WARRANTY CLAIMS MUST BE MADE WITHIN THE WARRANTY PERIOD CORRESPONDING WITH THESE PRODUCTS AND PROOF OF PURCHASE ACCEPTABLE TO ATOM POWER MUST BE SUPPLIED.

Limited Warranty Disclaimer. Except for the limited warranties noted herein or otherwise set forth in Section 7.1 and 7.2 of the Terms, the products, Atom Power materials, services, third-party materials, and any documentation provided under this agreement are provided “as is” and with all faults. The limited warranties above are exclusive, and Atom Power expressly disclaims all other warranties, conditions, and terms, whether express or implied by statute, trade usage, or course of dealing or otherwise, including, without limitation, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, noninfringement, or title. The limited warranties above do not cover non-defect damage, damage caused by improper installation, operation or care (including, but not limited to abuse, misuse, failure to provide reasonable and necessary maintenance, or any alterations or modifications to the product), or labor charges for removing or reinstalling a repaired or replaced item. Atom Power hereby disclaims all liability to customer or to any other person with respect to any use of the products by customer, its agents, employees, representatives, consultants, or contractors for any use other than the permitted use.
Waiver of Consequential Damages; Maximum Liability. In no event shall Atom Power or any of its licensors, suppliers, white label suppliers, or white label manufacturers have any liability to customer or any third party for any lost profits, loss of data, or business interruption, or for any indirect, special, incidental, punitive, exemplary, or consequential or special damages or lost profits however caused and, whether in contract, tort, or under any other theory of liability. Customer assumes the sole risk and liability of any use of Atom Power products in critical applications, subject only to applicable laws and regulations governing limitations on product liability. Atom Power shall not be liable for any damages, including without limitation direct, indirect, incidental, special, reliance, punitive, statutory, or consequential damage arising from or in connection with the use, installation, or implementation of non-qualified products in any manner whatsoever, even if Atom Power has been advised of the possibility thereof. In no event shall Atom Power’s aggregate liability arising out of or related to any claim and/or series of claims, whether related or unrelated, under the agreement, whether in contract, tort, or under any other theory of liability, exceed the amounts paid by customer to Atom Power pursuant to the applicable ordering document to which this agreement relates during the twelve (12) month period preceding the event giving rise to the claim.