1. APPLICABILITY
This limited warranty policy of Chargee B.V., having its registered office in Valkenswaard and its principal place of business at (5617 BD) Torenallee 36-02, Eindhoven, the Netherlands registered in the trade register of the Chamber of Commerce under number 88555461, VAT: NL864685944B0 (hereinafter: Chargee or we or us or our) applies to all Chargee equipment (for example the Chargee ™ Dongle) (the Equipment) and the Chargee platform that is accessible via our current or future (mobile) application(s) or website(s) and underlying pages and that provides you with access to Chargee's online 'software as a service (SaaS) solution (the Platform) sold, delivered and/or licensed (the Platform) by us or our reseller under a separate sales agreement (the Agreement).
2. PLATFORM WARRANTY, MAINTENANCE, UPDATES AND UPGRADES
2.1 Chargee will make efforts in accordance with applicable industry standards to provide and maintain the Platform in a manner that minimizes errors and interruptions. Chargee makes no further warranty unless otherwise agreed in writing. Chargee further disclaims any warranty that (a) the Platform will meet your requirements; (b) the Platform will be continuously available, uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; and/or (d) any errors or defects in the Platform will always be corrected. Chargee offers support for the use of the Platform by providing access to specific online knowledge bases and self-help resources related to the use of the Platform. Chargee can also be contacted via the Platform.
2.2 Chargee will endeavor to rectify defects on the Platform within a reasonable period of time, if and to the extent it concerns software developed by Chargee itself and you have provided us with a detailed, written description of the defects in question. Chargee is entitled to install temporary solutions, workarounds or other restrictions on the Platform that may or may not temporarily circumvent the problem.
2.3 Sometimes it is necessary to temporarily take all or part of the Platform out of service for preventive, corrective or adaptive maintenance or other forms of service. We try to keep this as short as possible. If we know that maintenance will affect the availability of the Platform, we will inform you at least 5 (five) days' notice in writing.
2.4 Chargee will only make updates and/or upgrades, including patches/fixes of the Platform available to you free of charge if we also generally make them available to other customers with a similar Subscription. In the event of an upgrade and/or update, Chargee will notify you in writing at least 5 (five) days in advance where possible.
3. EQUIPMENT WARRANTY
3.1 Chargee guarantees that the Equipment meets the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement.
3.2 If, in the reasonable opinion of Chargee, repair of Equipment purchased is not possible in any case, repair is going to take too long or if repair is going to be disproportionately expensive, Chargee may replace the Equipment with other similar, but not necessarily identical Equipment at no costs.
3.3 Equipment or parts thereof replaced under warranty become the property of Chargee.
3.4 Costs of work and repair of Equipment outside the scope of the applicable warranty will be charged by Chargee in accordance with its usual rates.