Shopify Purchase Terms
Last Updated: January 12, 2023
These Shopify Purchase Terms (these “Terms”) supplement and govern the Purchase Order (the “Purchase Order”) by and between Fuze Technology Inc., a Delaware corporation (“Fuze”) and the Buyer identified in the Purchase Order (“Buyer”). Capitalized terms used but not defined in these Terms are defined in the Purchase Order. If any provision in these Terms conflicts with any provision in the Purchase Order, the provision in the Purchase Order controls.
(a) The Purchase Order may only be modified by a written document signed by Fuze and Buyer.
(b) Fuze may change these Terms from time to time, and will post any such changes at https://www.chargefuze.com/shop-purchase-terms/with a revised ‘Last Updated’ date. These changes will only take effect as to Buyer thirty (30) days after the changes are posted or notified to Buyer.
(a) Title and risk of loss will pass from Fuze to Buyer upon delivery to Venue(s).
(b) Fuze is not responsible for arranging unloading or installation at Venue(s).
(i) Fuze warrants the Station hardware against defects in materials and workmanship for a period of one (1) year from the Effective Date (“Station Warranty Period”).
(ii) If a Station hardware defect arises and a valid claim is received by Fuze within the Station Warranty Period, at its option, Fuze will (1) repair the Station at no charge, using new or refurbished replacement parts, (2) exchange the Station with a replacement Station least functionally equivalent to the original product, or (3) refund the purchase price of the Station.
(iii) Fuze warrants replacement products or parts provided under this warranty against defects in materials and workmanship from the date of the replacement or repair for ninety (90) days or for the remaining portion of the original Station’s warranty, whichever provides longer coverage for you. When a Station is replaced or repaired, in whole or in part, any replacement item becomes Buyer property and the replaced Station (or part thereof) becomes Fuze’s property.
(iv) This warranty does not apply: (a) to damage caused by accident, abuse, misuse, misapplication, or non-Fuze products; (b) to damage caused by service performed by anyone other than Fuze; (c) to a product or a part that has been modified without the written permission of Fuze; or (d) if any Fuze serial number has been removed or defaced.
(i) No WarrantyFuze provides no warranty as to the Chargers, against defects in materials and workmanship or otherwise.
(ii) Replacement. As necessary during the Term (due to use and/or loss), Buyer may request that Fuze drop-ship replacement Chargers to the Venue or a location designated by Buyer for replenishment by Buyer personnel. Notwithstanding the foregoing, Fuze agrees to monitor the number of Chargers available at the Stations on an ongoing basis and reserves the right to drop-ship replacement Chargers to Buyer at any time Fuze reasonably determines that the number of available Chargers fails to meet average rental demand at the Venue(s).
(iii) Installation. Buyer agrees to coordinate shipment with Fuze and promptly install the new batteries within the Stations upon delivery.
(iv) Cost. Except for any replacement Chargers corresponding to paid End User lost/stolen fees, any replacement Chargers provided under subclause (ii) above will be provided to Buyer at cost and deducted from the next Revenue Share payment due to Buyer hereunder.
(i) During the Term, Fuze warrants that the Software (1) will not contain Malware, (2) will substantially perform in compliance with this Agreement and the Documentation, including the functionality of facilitating and completing Charger rentals, and (3) Fuze will provide Buyer, at no additional charge, all updates, bug fixes, and other error corrections to the Software (“Updates”) that Fuze generally makes available to all licensees of the Software (and such updates will constitute as Software under this Agreement). Fuze shall not materially reduce or eliminate functions, features, or capabilities of the Software or Stations in any such Updates.
(ii) “Documentation” means the standard manuals, user instructions, technical specifications, and other materials regarding features, functionality, and operation of the Stations, Chargers, and Software supplied by Fuze to Buyer or made available by Fuze to Buyer or its customers generally on its website, https://www.chargefuze.com/.
(iii) “Malware” means software code that is designed or intended to have any of the following functions: (1) disrupting, disabling, harming or otherwise substantially impeding the normal operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored and installed or (2) damaging, copying, viewing or destroying any data file without the user’s consent.
(iv) If a Software defect arises during the Term, Fuze will promptly repair, patch or modify the Software to resolve the defect at no charge. If Fuze is unable to resolve the defect within thirty (30) days of its initial discovery by Fuze (or identification to Fuze by Buyer), Buyer may request that Fuze deliver replacement Stations to the Venue(s) free of such defect.
Buyer may change its notice email address(es) by updating the email address associated with its Buyer account on Chargefuze.com. Fuze may change its notice email address(es) by notifying Buyer in accordance with this section.