Warranty Statement
Limited Warranty – ChargeSync Limited ‘Optimi’ Product Software and Services
Our Limited Warranty was last updated on 25th April 2024.
ChargeSync limited warranty
The limited warranty applicable to product software and services is set out in the End User License Agreement (EULA) clauses 7 and 8 here and Terms of Service (ToS) clause 8 here, supported by the statements below.
Exclusions and limitations
Except for the limited warranty expressly set forth in the EULA and ToS or to the extent restricted or prohibited by applicable law, ChargeSync expressly disclaims any and all other warranties express or implied, including any warranty of quality, merchantability, or fitness for a particular purpose, and you specifically agree that ChargeSync shall not be liable for any special, incidental, indirect, punitive, or consequential damages for breach of any warranty of any type on any ChargeSync product software or service. In addition to and without limiting the generality of the foregoing disclaimers, the limited warranty does not, under any circumstances, cover the replacement or cost of any device or personal property inside or outside of the ChargeSync product software or services.
For end users who are covered by an applicable consumer protection law or regulation in their country of purchase or residence, the benefits to the end user under this limited warranty are in addition to other rights and remedies of the end user under such laws or regulations. Such benefits may include additional warranties or rights relating to the performance of this product software and services and remedies applicable in the event of a defect. This limited warranty will be interpreted under the laws or regulations that apply to the end user in any state, province or country and any provision of this limited warranty that conflicts with any such end user rights or benefits is not applicable to end users covered by such law or regulation, so the exclusions and limitations set out in this limited warranty may not apply, or may not fully apply, to you.
Sole and exclusive remedy
Your sole and exclusive remedy for any breach by ChargeSync of this Limited Warranty, and ChargeSync’s sole and entire liability for such breach, is set out in Section 8 of the EULA.
Warranty disclaimer
Except as expressly set forth above in this limited warranty section, each ChargeSync product software and service is provided solely on an “as is” basis and ChargeSync makes no other warranties of any kind. To the maximum extent permitted by applicable law, ChargeSync specifically disclaims and excludes any and all other warranties, whether express, implied, or statutory, including, without limitation, any implied warranties of non-infringement, quiet enjoyment, merchantability, or fitness for a particular purpose. If such disclaimer of any implied warranty is not permitted by law, the duration of any such implied warranty is limited to the duration of the warranty period of the limited warranty as set forth above. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to you. If applicable law specifies a minimum warranty period that is longer than the warranty period set forth in the limited warranty, then the warranty period for ChargeSync product software and services is subject to such applicable law shall be conformed to the minimum period so required. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
Limitation of liability
In no event, under any cause of action of theory of liability, shall ChargeSync its distributors or suppliers be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages, of any nature whatsoever, arising out of the use of or inability to use any ChargeSync product software and service, including, without limitation, property damage, loss of value of the ChargeSync product software and service or any third party product software and services that are used in or with the ChargeSync product software and service, or loss of use of the ChargeSync product software or any third party product software and services that are used in or with the ChargeSync product software and services , even if ChargeSync has been advised of the possibility of such damages. Without limiting the foregoing, you understand and agree that ChargeSync has no liability for any damage or destruction to devices or other personal property that are contained outside of the ChargeSync product software and service, or any loss of data contained in the foregoing devices. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract, tort (including negligence) or otherwise), the entire aggregate liability of ChargeSync and any of its distributors and/or suppliers shall be limited to the amount actually paid by you for the ChargeSync product software and service giving rise to liability. The limitations of liability set forth above shall apply to the maximum extent permitted under the laws of England and Wales.