— TERMS & CONDITIONS

By visiting or using any COIL, Inc. website, application or interface, or the services provided on any COIL, Inc. website (“Site”), you agree to these Terms of Use. If you are a COIL, Inc. customer, you are also bound by the COIL, Inc. Service Terms and Conditions and any other terms that apply to your service. If any provision of these Terms of Use conflicts with any term in the Terms & Conditions, the Terms & Conditions apply.

Site Use. You represent that you are at least 18 (or, if you are a Puerto Rico resident, at least 21 or legally emancipated) or that you are using the Site under the supervision of a parent or guardian. Your use of the Site is limited to non-commercial, personal use only. We may grant you temporary access to the Site and a limited, non-exclusive, revocable and nontransferable license to access and use the information contained within the Site solely for your use only. We may limit the number of times you can visit or log in to the Site within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice.

Prohibited Uses. You agree not to:

use the Site or its contents for any purpose that is unlawful or prohibited by these Terms of Use;
resell any aspect of the Site or services available on it;
bypass or circumvent measures we may use to prevent, interfere, or limit access to the Site;
use the Site to send altered, deceptive or false source-identifying information;
use the Site to intercept, collect or store personal information about other users;
spam other users or take other actions that may affect the operation or enjoyment of the Site by other users;
access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process;
decompile, disassemble or reverse engineer any of the software or content used in any part of the Site;
send a virus or use any malicious programs or techniques in connection with the Site;
overload or crash the Site; or
infringe the copyrights or intellectual property rights of others.

Submissions. The Site has features that let you submit content or communicate with COIL, Inc., other users, and 3rd parties, such as email, quote forms, participating in chats or forums, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information and other materials you submit via the Site are referred to here as “Submissions.” You agree to only post, upload submit, or request, Submissions that are appropriate and related to the purpose of the Site. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms of Use. By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image. You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users. You must not post, upload, submit or request:

any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to us in our sole discretion;
any commercial material or content (including, for example, funding solicitations, advertising, or marketing any good or services);
any information you are prohibited from transmitting by contract or confidential relationship;
any material that exploits or harms minors (any person under the age of 18), intentionally or unintentionally, including by exposing minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors;
any material that could harm Coil, Inc.’s business, reputation, employees, facilities, or any person;
any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy;
content for which you were compensated or granted any consideration by any third party;
content that references other websites, addresses, email addresses, contact information, or phone numbers;
content that contains computer viruses, worms, or other potentially damaging computer programs or files.

Rights in Submissions. For any Submission you post, upload, submit or request via the Site, you grant COIL, Inc. and it’s third party partners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, analyze, modify, adapt, publish, translate, transmit, create derivative works from, distribute, analyze and modify your Submission for commercial purposes now known or hereafter developed. You agree that you have no recourse against COIL, Inc. for anyone’s infringement, misuse or violation of any right you may have in your Submissions, and you irrevocably waive any “moral rights” in your Submissions. You also irrevocably agree that COIL, Inc. can pursue claims against anyone who violates COIL, Inc.’s rights in the Submissions. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to Submissions submitted by you or others. No compensation will be paid with respect to the use of your Submission as provided in these Terms of Use. By submitting your email address, contact information, address, phone number or any other information in connection with your Submission, you agree that COIL, Inc. or third party service providers may use your email address, phone number or address to contact you about the status of your submission and other administrative purposes. If you are under the age of 18 (or, if you are a Puerto Rico resident, under the age of 21), we will honor your request to remove any Submission you previously posted, uploaded, or submitted on the Site. To request Submission removal, please contact software@coilelectric.com.

Third Party Sites and Service Providers. Parties other than COIL, Inc. may use Submission content, data, services and products through the Site for business purposes. Service providers we use may need access to your personal data to do work for us. Service providers are contractually required to treat the personal data we provide as confidential and to use the personal data only to provide the services we requested. Examples of the service providers we engage include print, mail, or email vendors, web hosting vendors, and cloud service providers. Some third parties need access to personal data for their own purposes or for purposes you have requested. For example, we may share data with utility companies, OEM’s and similar regulated entities, banks for device financing, and payment processors to help us provide and for you to obtain these Services or for Services you have requested.

Intellectual Property Rights. Except for Submissions, the Site and its content, software, and services (together, “Materials”) are the property of COIL, Inc. and its suppliers and is protected by copyright, trademark, service mark, and other proprietary or intellectual property rights (“Intellectual Property Rights”). We reserve all of our rights in the Materials. If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.

Trademarks and Service Marks. The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names and other source identifiers displayed or presented on the Site are registered or unregistered trademarks of COIL, Inc., its suppliers or other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of COIL, Inc. or their relevant owners. Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of COIL, Inc. or its relevant owner, by implication, estoppel, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval or recommendation by COIL, Inc.

Promotional Codes. From time to time, you may receive a promotional code provided by or on behalf of COIL, Inc. redeemable for certain promotions or offers ("Codes"). Such Codes have no cash value, are non-transferable and may have an expiration date, as well as other limitations and restrictions identified by a promotion. Codes may be found on or in product packaging, through Internet and other digital promotions, on brochures, notices (electronic, online, TV, radio), or other materials. A Code may only be entered once unless otherwise expressly permitted by COIL, Inc.. We are under no obligation to release, continue to release, honor, or maintain any Codes or maintain any services or features provided through Code redemption. COIL, Inc. reserves the right to limit, modify, or discontinue services and features accessed by Codes for any reason even after such service/feature has been redeemed, at our discretion and without prior notice to you.

Pricing and Information. COIL, Inc. does not warrant that the content on the Site is accurate, complete, or current. Despite our efforts, items on the Site may be mispriced and product and service descriptions may be inaccurate. COIL, Inc. reserves the right to correct any inaccuracies or omissions on the Site, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.

WARRANTY DISCLAIMERS. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE SITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, COIL, INC. DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. COIL, INC. DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE OR USED IN CONNECTION WITH THE SERVICES IS A WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER(S), WHICH IS EITHER INCLUDED WITH THE PRODUCT ITSELF OR CAN BE OBTAINED FROM THE MANUFACTURER(S).

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL COIL, INC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, , ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF COIL, INC. OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COIL, INC, (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such states, Coil, Inc.’s liability is limited to the greatest extent permitted by law.

Indemnification. You agree to indemnify, defend, and hold harmless COIL, Inc., and our officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of these Terms of Use; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.

Governing Law. These Terms of Use are governed by and will be enforced under the Federal Arbitration Act, applicable federal law, and the laws of the state of California as they are applied to agreements entered into and to be performed in California.

Electronic Communications. You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.

Miscellaneous. We may change these Terms of Use without advance notice. Please visit this page periodically to see the most current Terms of Use that govern your use. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect. COIL, Inc.’s failure to enforce strict performance of any part of these Terms of Use does not waive any of our rights. COIL, Inc. may assign its rights and duties under these Terms of Use to any party at any time.

— COIL INSTALLATION TERMS & CONDITIONS

COIL may notify customer in writing prior to, at commencement or during of Contract of any cost increases for materials (copper wire, electrical panels, conduit, etc.), components (breakers, EVSE, etc.) and labor / operations (employment costs increase, insurance, fuel, etc) for All Products and services to the extent such increases, individually or in the aggregate, would cause total finished cost of goods of such Product to increase by more than 2%.

Upon customer's request, COIL will furnish reasonable supporting documentation including commodity pricing, supplier pricing changes, increase in service fee, consumer price index and other published data sources. Upon such notification, the parties shall negotiate in good faith to adjust the applicable Purchase Prices to account for such increases. In the event that Purchase Price changes are not agreed upon as a result of such good faith negotiations, then the contract is subject to cancellation with no conditions attached or penalties.

1. ACCEPTANCE OF ESTIMATE:

Acceptance of the Estimate through online, email or verbally binds the customer to the following Terms and Conditions

All work contracted with COIL Inc. will have the following terms and conditions apply.

2. INSTALLATION WORK:

Where work is to extend or modify existing circuits, costs quoted assume that the existing installation is in adequate condition and complies with minimum current regulations and codes. Any work found required to bring the necessary parts of the existing installation up to standard will be at an additional cost. COIL, Inc. is not responsible for any additional professional trade skills needed to complete electrical installation.

Any code compliance identified by the Electrical Inspector will be an additional cost if not in scope of the initial installation.

If installations require in-wall wiring, all patching, repair and painting will be the responsibility of the customer.

Where carpet or flooring coverings may require lifting to allow concealed installation work, no charge is made for this service, with best efforts being made to avoid damaging them and to refit them to an acceptable standard. However, consideration of employing a specialist fitter may be prudent, at your cost to effect a fully satisfactory reinstatement.

All reasonable efforts will be made to undertake installation work to a clean standard. However, dust is inevitable and it will be the customers responsibility for final cleaning.

While undertaking the installation work at the property, the client is required to provide power free of charge and use of garbage disposal.

For property rewires, the property must not be inhabited without prior agreement.

3. EXCLUSIONS:

Clearing and / or moving of furniture and other items blocking access to work areas are not included.

Unless indicated, disposal of old or replaced equipment is not included.

Removal from site and disposal of rubble, fittings, wiring, materials, general waste and packaging is not included. However, this can be provided at extra cost.

4. ADDITIONAL SCOPE AND CHANGE ORDERS:

All extras, additional work, administrative and variations must be agreed in writing prior to commencement.

Any post installation changes to the originally approved installation shall be considered an additional scope and subject to a change order.

5. PRICING:

The costs quoted assume continuous and unhindered access to the site by prior arrangement with you.

The customer continues to grant and facilitate the agreed and necessary access to the premises being worked on if the originally stipulated duration of the contracted works is to remain valid. Unless stated otherwise, the standard working hours between the hours of 8:00am and 5pm Monday through Friday inclusive. Access may be required outside these hours to complete work.

Any additional work not covered in the estimate will be quoted as a change order.

All figures quoted for materials are subject to taxation unless otherwise noted at the prevailing rate. e. All figures quoted are valid for a date of 30 days from the date of the estimate or quotation.

You have a cooling off period of 7 days from accepting a quote from us or the length of time to the commencement of works if less than 7 days. Greater than 7 days could lead to a cancellation fee.

Full payment is immediately due on completion or within the agreed upon net payment terms.

TITLE OF GOODS AND PROPERTY:

6. RISK:

The risk in all appliances including EV chargers supplied shall pass to the Client upon delivery.

All goods supplied shall remain the property of COIL, Inc. until all sums due have been paid in full.

The client is responsible for ensuring that the property is insured for the duration of the installation work.

7. WARRANTIES AND LIMITATIONS ON WARRANTIES:

Standard warranty is 1 year on labor and parts supplied by COIL Inc.

COIL Inc. warrants that all work performed and parts and equipment which were installed in the servicing of the electrical unit(s) were completed in a workmanlike manner and that said work shall be free from defects in materials and workmanship for a period 365 days from date said work was performed or manufacturer’s warranties (except for the exclusions listed below).

COIL Inc.’s obligation for defective products and/or workmanship or any damage caused thereby, and Customer’s exclusive remedy, shall be limited, at COIL Inc.’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditions upon COIL Inc. receiving actual written notice of said defect within the 365 day period noted herein.

Customer supplied equipment is excluded. These exclusions may have limited or no warranty if parts have been replaced by COIL Inc. and not worked on by anyone else during warranty period or use of items that damage electrical parts supplied by us.

Warranty period may be different if noted herein. (Warranty excludes stop-pages and customer supplied items). All warranty issues must be allowed to be inspected and approved by COIL Inc. before any repair is made or warranty is voided.

Warranty is not transferable. Not liable for damage caused by weather, normal maintenance items not reviewed by whomever, or manufacturer defects.

8. EXCLUSIONS:

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM COIL INC. INCLUDING , BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COIL INC. SHALL NOT BE SUBJECT TO AND DISCLAIMS

ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY;

ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY COIL INC. OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATED THERETO; AND

ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

9. RESTRICTION OF THE PERIOD LIMITATION OF ACTION:

Any legal action relating to this Agreement or breach thereof shall be commenced within one (1) year from the date of the work. Consumer shall be deemed to have accepted all delivered goods which he has not rejected within three (3) years of receipt.

10. ALTERATIONS:

Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by COIL Inc., will be cause to terminate COIL Inc.’s obligation under the contract.

11. EXCLUSION OF COURSE OF DEALING:

It is agreed that no prior course of dealing or usage of trade not expressly set forth in this contract shall be admissible to explain, modify, or contradict this contract in any way.

All warranty work will be performed during normal business hours. Any Customer requiring warranty work not performed during regular business hours will be charged a service charge.

12. PAYMENT:

The entire invoice is due upon completion of described work or within the agreed upon net payment terms, regardless of final inspection completion. If payment is not received within 30 days after completion of installation, a late fee (3% of the total due amount) will be added to your bill.

If the invoice is due upon completion of described work, any payment not received within 10 days from completion of work is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid.

If applicable, sales tax is included in the price.

If COIL Inc. commences litigation or employs attorneys to collect payment for any amount due it from Customer, Customer agrees to pay reasonable costs and attorney’s fees which may be due.

If Customer’s check does not clear, Customer could be liable for more than the check amount plus the face value of the check, all banking fees and a $250 administration fee.

All parts will be removed from the Customer’s premises and discarded unless specified herein at no value or rebate to customer.

13. DISPUTE RESOLUTION:

In the event of a dispute, mediation is to be the preferred method of resolution.

Where we use sub-contractors to complete tasks out of our description, we do so in good faith. However, any problems that require a resolution will need to be done so with them directly. We do not guarantee the work of others.

In the unlikely event of a complaint, any remedial works will be undertaken by COIL Inc. or selected sub contractors. We do not pay for others to complete such tasks.

14. PRICE ESCALATION CLAUSE:

Should there be a rise in the cost of any specified building material or materials, exclusive of any other price changes, that would cause the total contract price to increase by more than 10%, the Builder shall, before making any additional purchases of specified material or materials, provide to the Owner a written statement expressing the percentage increase of the contract price, the building material or materials in question, and the dollar amount of the price increase to be incurred.

The Owner may then, at his option, terminate the contract by providing within 5 business days both written notice of termination to the Builder, and payment to the Builder for all costs expended in performance of the contract to the date of termination, plus payment of a prorated percentage of the Builder's profits based on the percent of completion.

Should both notice of termination and full payment not be forthcoming within 30 business days, as provided herein, the Builder shall have the option to terminate the contract, or to proceed with the contract and purchase the specified building materials at the increased price.

If termination is elected, the Builder shall provide to the Owner a written notice of termination, and the Owner shall be required to pay the Builder for all his costs expended in performance of the contract to the date of termination, plus payment of a prorated percentage of the Builder's profits based on the percent of completion. If the Builder elects to proceed on the contract, he may then purchase the specified material or materials at the increased price, and the Owner shall be required to pay the increased cost incurred.

15. PHOTOGRAPHS:

We reserve the right to take photographs and videos of completed works for our records and for use in our portfolio and social media unless requested in writing prior to commencement not to.

16. PERMIT LIABILITY WAIVER:

By waiving the option for a permit by intention or by accepting an estimate without a permit listed or as an exclusion, the owner fully agrees to bear the responsibility of applying, pulling, and paying for any permits, inspections or approvals from the “Authority Having Jurisdiction” (AHJ) as defined as an organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure. If the owners obtain the permit they act as the contractor and are responsible for completing the work and to assure that it meets code requirements. Interaction then takes place between AHJ inspectors and the owner. If the owner has hired a contractor or other person to do some of the work and it is not done in accordance with the approved plans and/or code requirements of the AHJ, the inspector will ask the owner, not the contractor, to have the work redone. In other words, if the owner obtains the permit it is the owner's responsibility to make sure the work is being done in accordance with the approved plans, codes and AHJ specific requirements. Unless specified in the quote/estimate, work order or invoice, the scope of work may or may not fully comply with AHJ requirements and it is the responsibility of the owner to ensure compliance of such standards. Any additional work required to bring the existing or new installation up to AHJ requirements regardless of electrical, aesthetic, placement, painting, installation and other methods and means which were not included in the original scope of work will be considered a change order and billed as additional work.

17. NO CONSEQUENTIAL DAMAGE CLAUSE:

Notwithstanding anything herein to the contrary, Client shall have no liability whatsoever for consequential, indirect, delay, special, incidental or liquidated damages whether arising in contract, tort, indemnity, warranty, strict liability or otherwise.