Use rate guarantee

Use rate guarantee

If you choose the guaranteed version of our services, RightSite represents and warrants that the Services shall conform to the terms contained in this Use Rate Guarantee. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement.

  1. General. RightSite warrants to Customer that the actual use rate (the “Actual Use Rate”) of the electric vehicle charging site reviewed by RightSite (the “Charging Site”) will be equal to or no less than two (2) percentage points of the use rate prediction set forth in any one or more final reports provided by RightSite (the “Use Rate Prediction”). If the Actual Use Rate is less than two (2) percentage points of the Use Rate Prediction, RightSite shall refund Customer all Fees actually paid under the applicable Statement of Work for the Charging Site analysis, minus a Five Hundred Dollar ($500) non-refundable handling fee (a “Refund”). For example, if the Use Rate Prediction is 15%, and the Actual Use Rate of the Charging Site is 12.5%, Customer will receive a Refund. The Actual Use Rate will be determined twenty-four (24) months after the Charging Site commences operations.

  2. Limitations. Notwithstanding the foregoing, RightSite shall not be obligated to offer a Refund to Customer if:

    1. the Charging Site has not been operating for at least two (2) years;

    2. the Charging Site has not maintained an uptime rate of at least ninety-seven percent (97%);

    3. Customer fails to grant RightSite access to all pertinent documents and other information in any way related to the Charging Site use rate for at least two (2) years following the Charging Station’s commencement of operations;

    4. Customer fails to utilize RightSite’s recommended number of electric vehicle chargers per Charging Site as set forth on the applicable report;

    5. The Actual Use Rate exceeds the Use Rate Prediction;

    6. The Actual Use Rate is less than the Use Rate Prediction due to, in whole or in part, Customer’s or its representative’s fraudulent acts or omissions, negligence or willful misconduct; or

    7. Customer otherwise modifies or changes the Charging Site after RightSite’s issuance of the Use Rate Prediction, if the Use Rate Prediction would not have exceeded the Actual Use Rate by two (2) percentage points without such modifications or changes. 

  3. Remedies. The remedies set forth above for breach of this Use Rate Guarantee are RightSite’s sole and exclusive liability and Customer’s sole and exclusive remedy for such breach.

  4. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT OR THIS EXHIBIT A, RIGHTSITE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND INCLUDING WARRANTIES IMPLIED BY USAGE OF TRADE OR COURSE OF PERFORMANCE.