Limits Of Liability; Warranty Enforcement Laws And Dispute Resolution - Tesla WALL CONNECTOR Installation Manual

Limits of Liability

This Charging Equipment Limited Warranty is
the only express warranty made in connection
with your Tesla connector or adapter. Implied
and express warranties and conditions arising
under applicable local laws, federal statute or
otherwise, in law or in equity, if any, including,
but not limited to, implied warranties and
conditions of merchantability or merchantable
quality, fitness for a particular purpose,
durability, or those arising by a course of
dealing or usage of trade, are disclaimed to
the fullest extent allowable by your local law,
or limited in duration to the term of this
Charging Equipment Limited Warranty. To the
fullest extent allowable by your local law, the
performance of necessary repairs and/or
replacement of new, reconditioned, or
remanufactured parts by Tesla for the covered
defects is the exclusive remedy under this
Charging Equipment Limited Warranty or any
implied warranties. To the maximum extent
permissible under your local law, liability is
limited to the reasonable price for repair or
replacement of the applicable Tesla connector
or adapter, not to exceed the manufacturer's
suggested retail price. Replacement may be
made with parts of like kind and quality,
including non-original manufacturer's parts, or
reconditioned or remanufactured parts, as
necessary.
Tesla shall not be liable for any defects under
this Charging Equipment Limited Warranty
that exceed the fair market value of the
applicable Tesla connector or adapter at the
time immediately preceding the discovery of
the defect. In addition, the sum of all benefits
payable under this Charging Equipment
Limited Warranty shall not exceed the price
you paid for the applicable Tesla connector or
adapter.
Tesla does not authorize any person or entity
to create for it any other obligations or liability
in connection with this Charging Equipment
Limited Warranty. The decision of whether to
repair or replace a part or to use a new,
reconditioned or remanufactured part will be
made by Tesla, in its sole discretion.
Charging Equipment Limited Warranty
Charging Equipment Limited Warranty
To the maximum extent permissible under
local law, Tesla hereby disclaims any and all
indirect, incidental, special and consequential
damages arising out of, or relating to, the
Tesla connector or adapter, including, but not
limited to, transportation to and from a Tesla
Authorized Service Center, loss of the Tesla
connector or adapter, loss of vehicle value,
loss of time, loss of income, loss of use, loss of
personal or commercial property,
inconvenience or aggravation, emotional
distress or harm, commercial loss (including
but not limited to lost profits or earnings),
towing charges, bus fares, vehicle rental,
service call charges, gasoline expenses,
lodging expenses, damage to tow vehicle, and
incidental charges such as telephone calls,
facsimile transmissions, and mailing expenses.
The above limitations and exclusions shall
apply whether your claim is in contract, tort
(including negligence and gross negligence),
breach of warranty or condition,
misrepresentation (whether negligent or
otherwise) or otherwise at law or in equity,
even if Tesla is advised of the possibility of
such damages or such damages are
reasonably foreseeable.
Nothing in this Charging Equipment Limited
Warranty shall exclude, or in any way limit,
Tesla's liability, for death or personal injury
solely and directly caused by Tesla's
negligence or that of its employees, agents or
sub-contractors (as applicable), fraud or
fraudulent misrepresentation, or any other
liability to the extent the same is proven in a
court of competent jurisdiction in a final
nonappealable judgment and may not be
excluded or limited as a matter of local law.
Warranty Enforcement Laws and
Dispute Resolution
To the fullest extent allowed by local law, Tesla
requires that you first provide written
notification of any manufacturing defect
within a reasonable time, and within the
applicable coverage period specified in this
Charging Equipment Limited Warranty, and
allow Tesla an opportunity to make any
needed repairs. Please send written
notification on dispute resolution to the
following address:
Tesla Motors Netherlands B.V.
Atlasstraat 7-9, 5047 RG
31