EVolve Electrics Standard Terms and Conditions of Sale

Last updated: 06/25/25

Acknowledgment and Acceptance:

By purchasing products or services from EVolve Electrics (“Seller”), Buyer expressly acknowledges and agrees to these Terms and Conditions (collectively, this "Agreement"). These Terms supersede any and all terms contained within Buyer's purchase orders, acknowledgments, or other documentation. No alterations, modifications, or additions to these Terms shall be effective unless explicitly agreed upon in writing by both parties.

Distributor and Reseller Disclaimer:

EVolve Electrics operates solely as a distributor and reseller of battery cells, battery systems, and related products ("Products"). EVolve Electrics does not manufacture these Products and explicitly disclaims all liabilities associated with manufacturing defects, product failures, or inherent design issues. All claims related to manufacturing defects, product warranties, or safety compliance must be directed exclusively to the original equipment manufacturer (OEM) or respective product manufacturer. EVolve Electrics' obligations are strictly limited to product distribution, order fulfillment, and providing technical support based on accumulated product knowledge. No independent warranties or guarantees beyond those provided by the original manufacturers are expressed or implied by EVolve Electrics.

Warranty Disclaimer:

Seller provides no warranty, express or implied, related to the Products or associated information, unless specifically noted on an attached quote. All other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, suitability, or performance, are explicitly disclaimed. Under no circumstances shall Seller be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of revenue, profit, or use of equipment, arising out of or related to the use of Products.

Indemnification:

Buyer agrees to indemnify, defend, and hold harmless Seller, its employees, officers, directors, agents, and affiliates from and against all claims, losses, liabilities, obligations, demands, costs, and expenses (including attorney’s fees and court costs) arising from: (i) Buyer’s use, handling, or integration of Products; (ii) any breach of this Agreement by Buyer; or (iii) negligence or misconduct of Buyer or its agents, representatives, or contractors.

Intellectual Property:

No intellectual property rights are transferred or licensed to Buyer through this Agreement. Seller retains all rights, title, and interest in and to its intellectual property, trademarks, trade secrets, and confidential information related to the Products. Buyer agrees not to copy, alter, reverse engineer, or derive the composition, structure, or underlying information of any Product.

Confidential Information:

Buyer shall maintain confidentiality regarding Seller’s products, manufacturing methods, business plans, personnel, customers, and suppliers. Such information must not be used for any purpose beyond performance under this Agreement. Any existing Confidentiality and Non-Disclosure Agreement between the parties remains in effect and prevails in case of conflict with these Terms.

Independent Contractor:

Seller operates as an independent contractor. Nothing in this Agreement creates an employment relationship, partnership, or joint venture between Buyer and Seller.

Governing Law and Jurisdiction:

This Agreement shall be governed by the laws of the State of Colorado, USA. Any dispute arising from this Agreement shall be resolved exclusively within the courts of Boulder County, Colorado. Both parties waive any rights to a jury trial in connection with any legal action arising under or related to this Agreement.

Entire Agreement:

These Terms, together with any attached quotes or offer letters, represent the entire agreement between Buyer and Seller and supersede all prior agreements, oral or written. If any provision is found unenforceable, the remaining provisions will remain valid and enforceable. Amendments to these Terms must be in writing and signed by authorized representatives of both parties.

Payment and Billing Information:

Payments are required prior to product shipment unless alternative terms have been pre-authorized in writing. Accepted payment methods include credit cards, checks, ACH, or wire transfers. EVolve Electrics reserves the right to assess finance charges at an annual rate of 18% (0.0493% per day) on overdue accounts. EVolve Electrics may refuse sales at its sole discretion.

Return Policy:

All returns must be authorized by EVolve Electrics prior to shipment. Defective products reported within seven days of receipt are eligible for exchange or refund following verification by an EVolve technician. Return shipping costs are the responsibility of the Buyer. Non-defective returns are subject to a 30% restocking fee and must be in original, unmarked, factory condition. Custom item sales are final and cannot be refunded or exchanged except under the manufacturer's warranty terms.

Shipping Policy:

Products typically ship via UPS or FedEx LTL for shipments over 150 pounds. Domestic orders within the contiguous U.S. typically arrive within 2-5 business days. International shipping is available upon request, with rates provided upon inquiry.  EVolve Electrics has no control over any related delays.

Customs and Duties:

All international shipments are FOB Boulder, Colorado, USA. Buyers are responsible for all import compliance, customs duties, taxes, and fees assessed by the destination country. EVolve Electrics has no control over these charges or related delays.

International Limitations:

International buyers acknowledge manufacturer warranties may not be valid outside the United States. Manuals, safety warnings, and product labeling may not comply with destination country standards or languages. Buyers are responsible for ensuring lawful importation and use of Products in the destination country.

Privacy:

EVolve Electrics respects customer privacy and will utilize customer data solely for processing orders. Personal data collected during transactions will not be shared or used for unsolicited marketing. International orders may be subject to customs inspections and disclosure of order contents as required by law.

Contact Information:

For questions regarding these Terms, contact:

EVolve Electrics
6880 Winchester Circle, Unit F
Boulder, CO 80301
Email: sales@evolveelectrics.com
Phone: 720-837-7866

By proceeding with your purchase, you acknowledge that you have read, fully understand, and agree to these Terms and Conditions.