Free Charger Program
Customer Agreement
Lintex Residential EV Charging Program – Customer Agreement
Effective Date: May 1, 2026
This Customer Agreement (the "Agreement" ) sets out the terms under which Lintex Industrial Canada Ltd. ( "Lintex," "we," "our" ) provides residential electric vehicle charging equipment and participation in the Lintex Residential EV Charging Program (the "Program" ) to the end user ( "Customer," "you" ).
Lintex's Role: Under the Canadian Clean Fuel Regulations (CFR), Lintex may operate as a "Charging-Site Host" for certain Program options. For the Deposit-Based Participation Option where Lintex retains ownership of the Charger (Section 4.1), Lintex is the Charging-Site Host and shall generate and manage all CFR compliance credits. For the Deposit-Based Participation Option where the Customer owns the Charger (Section 4.2), the Customer is the Charging-Site Host, and Lintex may act as the Customer's agent to manage CFR credits under Section 10.4.
By ordering, installing, or using a Lintex EV charger, you confirm that you have read, understood, and agree to be legally bound by this Agreement.
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1. Program Overview
The Program supports residential EV charging using Lintex-supplied chargers only. The Program offers Customers two deposit-based participation options:
• Option 4.1: Lintex retains ownership of the Charger; Lintex is the Charging-Site Host.
• Option 4.2: Customer owns the Charger; Customer is the Charging-Site Host. Lintex may provide carbon credit agency services under a separate agency framework set out in Section 10.4.
The Program relies on third-party backend infrastructure for secure data transmission, verification, regulatory reporting, and environmental credit management.
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2. Definitions
For the purposes of this Agreement:
• "Charger" means any residential EV charger model provided by Lintex to the Customer during the Term.
• "Charging Session" means a discrete EV charging event recorded by the Charger.
• "Charging Data" means technical data generated during a Charging Session, including energy delivered (kWh), timestamps, duration, and system identifiers.
• "Platform Partner" means Lintex's designated backend and verification partner.
• "Deposit" means the refundable security deposit of CAD $300, held as an Equipment Performance Guarantee.
• "Verified Charging Data" means Charging Data accepted by Lintex and the Platform Partner following validation.
• "Activation Date" has the meaning set out in Section 4.1 or Section 4.2, as applicable.
• "Charging-Site Host" has the meaning given to it in section 1(1) of the CFR, meaning a person who owns or leases a charging station and who has the legal right to have the charging station installed.
• "CFR Credits" means temporary compliance credits created under section 101 of the CFR, representing tonnes of CO₂e reductions from charging activity.
• "Installation Rights" means the legal right to install, maintain, replace, and remove the Charger on the property, including rights granted by easement or license agreement.
• "Approved Electrician" means an electrician or electrical contractor who holds a valid provincial or territorial electrical license, has been approved by Lintex, and has agreed to comply with Lintex's installation specifications.
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3. Eligibility and Customer Responsibilities
To participate in the Program, the Customer must comply with the following criteria at all times during the Term:
• be legally resident in Canada and at least 18 years old;
• have lawful authority to permit the installation of the Charger at the stated residential address;
• ensure that the installation location has adequate Wi-Fi internet connectivity;
• permit the Charger to communicate with the Platform Partner's systems for verification, reporting, and regulatory purposes;
• cooperate with Lintex and its approved electricians to facilitate installation, maintenance, and removal of the Charger.
Lintex reserves the right to unilaterally update the Customer participation criteria by ten (10) days' prior written notice where required by any applicable law or legislation.
The Customer agrees to immediately notify Lintex in writing if they become aware that they no longer meet any of the participation criteria.
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4. Program Options
The Customer must select one of the following two options:
☐ Option 4.1: Deposit-Based Participation Option (Lintex Owns the Charger)
• Lintex will provide one (1) Charger to the Customer. Title and ownership of the Charger shall remain with Lintex at all times. The Customer has a right to use the Charger only.
• The Customer must pay a refundable Deposit of CAD $300. This Deposit is an Equipment Performance Guarantee to ensure the Charger is maintained in good condition and can be returned at the end of this Agreement.
• The Customer agrees to permit installation of the Charger within thirty (30) days of delivery.
• The Customer must notify Lintex in writing within five (5) business days after installation is completed.
• Following installation notification, Lintex will perform configuration, system registration, and backend integration of the Charger. Such configuration shall be completed within fifteen (15) days.
• Activation Date: The date on which the Charger is successfully configured and registered in Lintex's backend system shall be deemed the "Activation Date."
o If the Customer fails to complete installation within thirty (30) days of delivery, Lintex will designate the Activation Date as the 31st day following delivery for the purposes of calculating the First-Year Active Usage Incentive period and all other timelines under this Agreement.
o If Lintex fails to complete the configuration within fifteen (15) days of receiving the installation notification, the Activation Date shall be extended by one day for each day of delay beyond the fifteen (15) day period.
• First-Year Active Usage Incentive:
o If the Customer achieves cumulative Verified Charging Data of 1,500 kWh within twelve (12) months from the Activation Date, Lintex will refund the full CAD $300 Deposit within sixty (60) days after such achievement.
o This incentive is intended to encourage active usage and is not a condition for obtaining ownership of the Charger. Whether or not the Customer achieves this usage target, title and ownership of the Charger shall remain with Lintex at all times.
o If the Customer does not achieve the 1,500 kWh target, the Deposit shall continue to be held as the Equipment Performance Guarantee. Lintex may retain all or part of the Deposit upon termination of this Agreement depending on the condition of the Charger, as set out in Section 12.4.
• The Customer acknowledges that the Deposit and the First-Year Active Usage Incentive are separate and independent from the per-kWh Customer Share set out in Section 7.3. The Deposit does not form part of the consideration for the assignment of CFR credits under Section 10.
• Warranty Period for Option 4.1: The Charger is covered under warranty for the duration of this Agreement (until December 31, 2035, unless earlier terminated), subject to the terms of Section 13.
☐ Option 4.2: Deposit-Based Participation Option (Customer Owns the Charger)
• Lintex will provide one (1) Charger to the Customer upon receipt of a CAD $300 Deposit.
• Title and ownership of the Charger passes to the Customer upon delivery. The Customer is the owner of the Charger.
• The Customer agrees to permit installation of the Charger within thirty (30) days of delivery.
• The Customer must notify Lintex in writing within five (5) business days after installation is completed.
• Following installation notification, Lintex may perform configuration, system registration, and backend integration of the Charger. Such configuration shall be completed within fifteen (15) days.
• Activation Date: The date on which the Charger is successfully configured and registered in Lintex's backend system shall be deemed the "Activation Date."
• The Customer must achieve cumulative Verified Charging Data of 1,500 kWh within twelve (12) months from the Activation Date.
• If the Charger is not installed within thirty (30) days of delivery, Lintex may:
o (a) cancel the Customer's participation in this Option 4.2; or
o (b) designate the Activation Date as the 31st day following delivery for purposes of calculating qualification timelines.
• Failure to reach the 1,500 kWh charging threshold within the specified timeframe may result in automatic forfeiture of the Deposit. Lintex shall provide written notice prior to enforcing forfeiture.
• CFR Credit Status for Option 4.2: Because the Customer owns the Charger, the Customer is the "Charging-Site Host" under the CFR. Lintex has no automatic rights to the CFR credits generated from the Charger. However, Lintex may act as the Customer's agent to manage, verify, and monetize CFR credits on the Customer's behalf, as set out in Section 10.4. If the Customer does not wish to use Lintex's agency services, the Customer may generate and sell CFR credits independently.
• Warranty Period for Option 4.2: The Charger includes a one (1) year limited manufacturer's warranty from the Activation Date. Damage caused by improper installation, misuse, modification, or neglect is excluded.
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4.3 Pricing and Shipping (Applicable to Both Options)
• The Deposit does not include shipping, handling, installation, or applicable taxes unless expressly stated.
• Once the Customer has selected an option under this Section 4, the Customer may not switch between options.
• Any applicable shipping charges shall be payable by the Customer and are non-refundable once the Charger has been dispatched.
• Shipping is charged at a flat rate of CAD $50 per package for Canada.
• Any applicable shipping charges shall be payable in addition to the Deposit and shall not form part of the Deposit, and are the sole responsibility of the Customer.
• Shipping charges and applicable taxes shall be disclosed prior to payment confirmation.
• Shipping charges are non-refundable once the Charger has been dispatched.
• In the event of refused delivery or failed delivery due to Customer error, additional shipping charges may apply.
• Lintex hereby agrees that where it is unable to ship the Charger to the Customer through no fault of the Customer, it shall provide a refund of any fees it has collected within a commercially reasonable time.
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5. Ownership and Installation Rights
5.1 Ownership
• For Customers who select Option 4.1 (Lintex Owns the Charger): Title and ownership of the Charger shall remain with Lintex at all times. The Customer's rights with respect to the Charger are limited to the right to use the Charger as set out in this Agreement. The Customer shall not sell, transfer, pledge, or otherwise dispose of the Charger.
• For Customers who select Option 4.2 (Customer Owns the Charger): Title and ownership of the Charger passes to the Customer upon delivery. The Customer is the sole owner of the Charger.
5.2 Grant of Installation Rights
• For Option 4.1 (Lintex Owns the Charger): As a condition of participating in the Program. The Customer hereby grants Lintex the choice and legal right to have the Charger installed, maintain, inspect, replace, and remove the Charger at the Customer’s site, for greater clarity Lintex reserves the right to determine whether it will complete any or all parts of the installation or instruct and/or require the Customer to complete any or all parts of the installation, all at the sole discretion of Lintex. While Lintex holds the right to have the equipment installed, regardless of whether installation was completed by Lintex or the Customer, the Customer acknowledges that they are responsible for ensuring that any physical installation was completed by a certified electrician and the Customer shall be responsible for the all associated costs of the Installation.
• For Option 4.2 (Customer Owns the Charger): The Customer is responsible for installation. Lintex does not require installation rights under this Option 4.2, as the Customer owns the Charger. The Customer acknowledges that they are responsible for ensuring that any physical installation was completed by a certified electrician and the Customer shall be responsible for the all associated costs of the Installation.
• This Installation Rights grant (where applicable) shall remain in effect during the Term of this Agreement and for a reasonable period after termination to allow Lintex to remove the Charger.
• The Customer agrees to execute any further documents (including, without limitation, an easement agreement or license agreement) as may be reasonably requested by Lintex to perfect, register, or evidence these Installation Rights.
5.3 Risk of Loss
• For Option 4.1 (Lintex Owns the Charger): Risk of loss or damage to the Charger passes to the Customer upon delivery of the Charger to the Customer. If the Charger is damaged due to Customer causes (including, without limitation, improper installation, neglect, misuse, unauthorized modification, or failure to maintain adequate connectivity), the Customer shall be responsible for the reasonable repair or replacement costs of the Charger.
• For Option 4.2 (Customer Owns the Charger): Risk of loss or damage to the Charger passes to the Customer upon delivery. The Customer bears all risk of loss or damage.
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6. Installation (Applicable to Both Options)
6.1 Installation Responsibility and Cost
• The Customer shall arrange for the installation of the Charger using an Approved Licensed Electrician.
• The Customer is solely responsible for all installation costs. Lintex does not pay any installation costs.
• Lintex will coordinate the installation schedule with the Customer and may provide technical guidance, but Lintex does not perform on-site installation services and bears no responsibility for installation workmanship or compliance failures.
• The Customer acknowledges that any and all installation costs are separate and in addition to the CAD $300 Deposit. Lintex does not make any guarantees or warranties with respect to any costs involved in the installation of the Charger(s)
6.2 Customer's Site Preparation Responsibility
• The Customer is responsible for:
o ensuring the installation location has adequate space, structural capacity, and electrical capacity;
o obtaining any necessary approvals from property owners, condominium boards, or municipal authorities;
o providing reasonable site access during installation.
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7. Connectivity, Data Collection, Revenue Share, and System Updates
7.1 Mandatory Connectivity
• The Customer shall maintain continuous and stable internet connectivity at the installation location sufficient to enable transmission of Charging Data to Lintex.
• The Customer acknowledges that consistent data transmission is essential for verification, regulatory reporting, and CFR credit generation.
• Connectivity failure shall be evaluated based on the sufficiency of Verified Charging Data transmitted to Lintex, and persistent failure may affect Program eligibility.
7.2 Data Collection and Use
• The Customer acknowledges that Charging Data is the foundation for generating CFR credits.
• Lintex has the exclusive right to collect, process, store, and use Charging Data for the following purposes:
o verification of charging activity;
o generation of compliance credits under the CFR (for Option 4.1);
o agency services for CFR credit monetization on behalf of Option 4.2 Customers (as set out in Section 10.4);
o regulatory reporting to Environment and Climate Change Canada (ECCC);
o sale or transfer of CFR credits to third parties.
• Where applicable the Customer agrees that Lintex shall be deemed to hold the ownership over any and all Charging Data which it has collected, and hereby agrees to execute any further documents to confirm such ownership where so requested by Lintex.
• The Customer retains no independent right to use Charging Data for any purpose competitive with the Program.
7.3 Revenue Share Structure (Applicable Only to Option 4.1 – Lintex Owns the Charger)
• This Section 7.3 applies only to Customers who selected Option 4.1. For Customers who selected Option 4.2, the revenue share arrangement is set out in Section 10.4.
• Lintex, as the Charging-Site Host, will generate and sell CFR credits associated with Charging Activity. Net proceeds from such sales shall be shared as follows:
o Customer Share: The Customer is entitled to receive CAD $0.03 per kWh of Verified Charging Data, subject to the payment thresholds in Section 7.4.
o Lintex Share: The remainder of the gross proceeds from CFR credit sales, after deducting (a) the Customer Share and (b) third-party verification costs, shall be retained by Lintex as its service fee and profit.
• The Customer acknowledges that the CAD $0.03 per kWh payment constitutes full and fair consideration for the Customer's rights in the CFR credits generated from Charging Activity, as assigned under Section 10.
7.4 Settlement and Minimum Payout (Applicable Only to Option 4.1)
• Customer revenue shall be calculated on an annual basis.
• Payments will be issued only when the Customer's accumulated and unpaid Customer Share balance reaches CAD $100.00. Balances below this threshold shall be carried forward to subsequent years.
• Upon termination of this Agreement for any reason, any outstanding Customer Share balance, regardless of amount, shall be paid to the Customer within sixty (60) days of the effective date of termination.
• The Customer agrees that they shall be responsible for paying and handling any and all applicable taxes with respect to any revenue amounts.
7.5 Payment Method
• Payments shall be made by bank transfer or other electronic payment method designated by Lintex.
7.6 No Guaranteed Revenue
• Revenue depends on actual charging activity, successful verification, regulatory acceptance, and credit monetization. No revenue is guaranteed. Revenue eligibility does not imply continuity of the Program or survive Program termination or expiry.
7.7 Market Adjustment (Applicable Only to Option 4.1)
• Revenue rates specified in Section 7.3 are based on prevailing market and regulatory conditions at the Effective Date.
• If material changes in CFR credit pricing, regulatory frameworks, or verification requirements materially impact the economic viability of the Program, Lintex reserves the right to adjust the Customer Share rate per Verified kWh upon not less than thirty (30) days' prior written notice.
• If the Customer does not accept the adjusted rate, the Customer may terminate this Agreement within the notice period without penalty. The Deposit shall be returned subject to the condition of the Charger as set out in Section 12.4.
7.8 Temporary Connectivity Interruptions
• During temporary internet outages, the Charger may store Charging Data locally.
• Lintex does not guarantee that all offline or locally stored data will be recovered, transmitted, or accepted as Verified Charging Data.
7.9 Prolonged or Repeated Connectivity Failure
• If insufficient Verified Charging Data is transmitted to Lintex for a cumulative period exceeding one hundred eighty (180) days within any twelve (12) month period, Lintex may determine that the Customer is not actively participating in the Program.
• In such event, Lintex may suspend revenue eligibility, provide written notice and a cure period of not less than thirty (30) days, and if not remedied, terminate this Agreement.
7.10 Software and Firmware Updates
• Lintex may remotely deploy software or firmware updates to the Charger without prior notice.
• The Customer agrees to maintain connectivity to permit such updates.
7.11 No Reverse Engineering or Transfer to Third Parties
• The Customer acknowledges that it is not granted any rights or licenses over the design(s), or intellectual property of any kind in connection with the Charger in any way. The Customer shall not reverse engineer, disassemble or decompile any Charger(s) transferred to it by Lintex under this Agreement, and shall not at any time lease, assign, transfer any such Charger(s) or any information in relation thereto to any third-parties without the prior written consent of Lintex.
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8. Government Incentives and Rebates
8.1 No Incentive Assignment
• Unless expressly agreed in writing, Lintex does not require the Customer to assign, transfer, or remit any government rebates, incentives, or tax credits to Lintex.
8.2 Customer Responsibility
• Any application for, receipt of, or compliance with third-party incentive programs shall be the sole responsibility of the Customer.
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9. Relocation
• The Charger may be relocated within Canada with prior written notice to Lintex. Relocation does not extend or pause the First-Year Active Usage Incentive period.
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10. CFR Credit Ownership and Allocation
10.1 CFR Credit Status by Option
• For Customers who selected Option 4.1 (Lintex Owns the Charger): Lintex, as the Charging-Site Host under this Agreement, is the sole entity entitled to generate compliance credits under the CFR associated with Charging Activity from the Charger. Lintex shall register in its own name in Environment and Climate Change Canada's Credit and Tracking System (CATS).
• For Customers who selected Option 4.2 (Customer Owns the Charger): The Customer, as the owner of the Charger, is the Charging-Site Host under the CFR. Lintex has no automatic rights to the CFR credits generated from the Charger. However, Lintex may act as the Customer's agent under Section 10.4.
10.2 Customer Acknowledgment (Applicable Only to Option 4.1)
• The Customer acknowledges and agrees that:
o (a) The Customer has no right to generate or sell CFR credits from Charging Activity;
o (b) The CAD $0.03 per kWh Customer Share set out in Section 7.3 constitutes full and final consideration for any rights the Customer may have in such CFR credits;
o (c) This revenue sharing arrangement remains in effect during the Term of this Agreement and applies to all credits generated prior to termination.
10.3 No Further Interest (Applicable Only to Option 4.1)
• Other than the Customer Share set out in Section 7.3, the Customer has no ownership interest, right, or entitlement to any CFR credits, carbon credits, or similar environmental attributes arising from Charging Activity.
10.4 Carbon Credit Agency Services (For Option 4.2 Customers Only)
• This Section 10.4 applies only to Customers who selected Option 4.2 (Customer Owns the Charger). By selecting Option 4.2 and participating in the Program, the Customer acknowledges and agrees to the following agency arrangement:
• 10.4.1 Appointment of Lintex as Agent: The Customer hereby appoints Lintex as the Customer's exclusive agent to manage, verify, aggregate, report, and monetize all CFR credits generated from Charging Activity associated with the Charger. Lintex accepts such appointment.
• 10.4.2 Scope of Agency Authority: Lintex is authorized to take the following actions on the Customer's behalf:
o (a) collect and aggregate Charging Data from the Charger;
o (b) engage third-party verification bodies to validate Charging Data as required under the CFR;
o (c) register and report to Environment and Climate Change Canada (ECCC) in Lintex's name as an aggregator representing multiple Charging-Site Hosts;
o (d) sell or transfer CFR credits generated from the Customer's Charging Activity to third parties;
o (e) receive and hold proceeds from the sale of CFR credits; and
o (f) distribute the Customer's share of net proceeds to the Customer as set out in Section 10.4.4.
• 10.4.3 Lintex's Role as Aggregator: The Customer acknowledges that Lintex aggregates Charging Data from multiple Customers who own their own Chargers. This aggregation allows Lintex to:
o (a) reduce per-Customer verification and reporting costs;
o (b) achieve better pricing for CFR credits through larger volume sales; and
o (c) simplify the CFR compliance process for individual Charging-Site Hosts.
• 10.4.4 Customer Share and Lintex Service Fee (Option 4.2) :
o Lintex will generate and sell CFR credits associated with the Customer's Charging Activity. The net proceeds from such sales shall be shared as follows:
Customer Share: The Customer is entitled to receive CAD $0.03 per kWh of Verified Charging Data, subject to the payment thresholds set out in Section 10.4.5.
Lintex Service Fee: The remainder of the gross proceeds from CFR credit sales, after deducting (a) the Customer Share and (b) third-party verification costs, shall be retained by Lintex as its service fee for acting as the Customer's agent.
• 10.4.5 Settlement and Minimum Payout (Option 4.2) :
o Customer Share shall be calculated on an annual basis.
o Payments will be issued only when the Customer's accumulated and unpaid Customer Share balance reaches CAD $100.00. Balances below this threshold shall be carried forward to subsequent years.
o Upon termination of this Agreement for any reason, any outstanding Customer Share balance, regardless of amount, shall be paid to the Customer within sixty (60) days of the effective date of termination.
• 10.4.6 No Guaranteed Revenue (Option 4.2) :
o Revenue depends on actual charging activity, successful verification, regulatory acceptance, and credit monetization. No revenue is guaranteed.
• 10.4.7 Market Adjustment (Option 4.2) :
o If material changes in CFR credit pricing, regulatory frameworks, or verification requirements materially impact the economic viability of the agency services under this Section 10.4, Lintex reserves the right to adjust the Customer Share rate per Verified kWh upon not less than thirty (30) days' prior written notice.
o If the Customer does not accept the adjusted rate, the Customer may terminate this Agreement within the notice period without penalty. The Deposit shall be returned subject to Section 12.4.
• 10.4.8 Data Use for Agency Services: The Customer agrees that Lintex may use Charging Data collected from the Charger for the purpose of providing the agency services set out in this Section 10.4, including aggregation with data from other Customers.
• 10.4.9 No Assignment of CFR Credits: Unlike Option 4.1, the Customer retains legal ownership of the CFR credits generated from the Charger. Lintex acts solely as the Customer's agent. The Customer Share paid under Section 10.4.4 constitutes full and fair consideration for the Customer's agreement to sell the CFR credits through Lintex and to allow Lintex to deduct its service fee.
• 10.4.10 Independent Right to Opt Out: The Customer may terminate Lintex's agency services under this Section 10.4 by providing sixty (60) days' written notice to Lintex. Upon termination of agency services, Lintex will no longer manage or monetize CFR credits on the Customer's behalf, and the Customer may generate and sell CFR credits independently. Termination of agency services does not automatically terminate this Agreement unless otherwise agreed.
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11. Program Dependency, Annual Review, and Term
11.1 Program Dependency
• All revenue under this Agreement depends on the availability, operation, and monetization of environmental and regulatory credit programs. Regulatory changes, market conditions, buyer demand, verification outcomes, and audits may affect or eliminate revenue.
11.2 Annual Program Review
• Lintex may review the Program annually and may continue, modify, suspend, or terminate the Program on a forward-looking basis with reasonable notice. Any modification to the revenue structure or credit allocation methodology shall apply prospectively only and shall not affect any credits already accrued prior to such modification.
11.3 Program Term and Expiry
• This Agreement shall remain in effect until December 31, 2035, unless earlier terminated. The Program shall automatically expire on that date unless extended by Lintex in writing.
• Only Verified Charging Data accrued prior to termination or expiry shall be eligible for settlement.
11.4 Termination Due to Regulatory or Market Changes
• Lintex may suspend or terminate the Program by providing written notice to the Customer if regulatory, legal, or market conditions render continued operation impracticable or commercially unreasonable.
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12. Suspension, Termination, and Deposit
12.1 Termination for Cause
• Lintex may suspend or terminate this Agreement immediately by providing notice to the Customer if the Customer:
o intentionally interferes with data transmission;
o tampers with the Charger;
o provides false information;
o materially breaches any obligation under this Agreement.
• In such cases, the Deposit shall be forfeited and non-refundable, and Lintex reserves the right to recover the Charger at the Customer's expense (for Option 4.1).
12.2 Termination for Inactivity (Applicable Only to Option 4.1)
• If the Customer fails to achieve the First-Year Active Usage Incentive target of 1,500 kWh within twelve (12) months from the Activation Date, Lintex may, in its sole discretion, either:
o (a) continue this Agreement with the Customer Share rate unchanged; or
o (b) terminate this Agreement upon thirty (30) days' written notice.
12.3 Termination for Convenience
• The Customer may terminate this Agreement at any time upon sixty (60) days' written notice to Lintex.
12.4 Return of Charger and Deposit upon Termination
• For Option 4.1 (Lintex Owns the Charger) :
o Upon termination of this Agreement for any reason, the Customer shall cooperate with Lintex to remove the Charger within thirty (30) days.
o Return of Deposit: If the Customer has not previously received the First-Year Active Usage Incentive refund (i.e., did not achieve 1,500 kWh within the first year), Lintex shall refund the CAD $300 Deposit within sixty (60) days of receiving the Charger back in good condition (reasonable wear and tear excepted). If the Customer has previously received the First-Year Active Usage Incentive refund, no further Deposit refund is due upon termination.
o Damage to Charger: If the Charger is damaged due to Customer causes, Lintex may deduct reasonable repair or replacement costs from the Deposit. If the Deposit is insufficient to cover such costs, Lintex reserves the right to seek the difference from the Customer.
• For Option 4.2 (Customer Owns the Charger) :
o Upon termination of this Agreement for any reason, the Customer retains ownership of the Charger. Lintex has no obligation to remove the Charger.
o Return of Deposit: If the Customer achieved the 1,500 kWh target within twelve (12) months from the Activation Date, the CAD $300 Deposit shall be refunded. If the Customer did not achieve the target, the Deposit shall be forfeited. Lintex shall provide written notice prior to enforcing forfeiture.
o Agency Services Termination: If this Agreement is terminated for any reason, Lintex's agency services under Section 10.4 shall also terminate automatically.
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13. Warranty
13.1 Warranty for Option 4.1 (Lintex Owns the Charger)
• The Charger is covered under warranty for the duration of this Agreement (until December 31, 2035, unless earlier terminated). Damage caused by improper installation, misuse, modification, or neglect is excluded.
13.2 Warranty for Option 4.2 (Customer Owns the Charger)
• The Charger includes a one (1) year limited manufacturer's warranty from the Activation Date. Damage caused by improper installation, misuse, modification, or neglect is excluded.
13.3 General Warranty Disclaimer
• Lintex itself makes no warranties, conditions, or representations whatsoever, whether express or implied, statutory, collateral, or otherwise, with respect to the Charger or any service provided under this Agreement. Any implied warranties of merchantability and fitness for a particular purpose are excluded.
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14. Limitation of Liability and Indemnification
To the maximum extent permitted by law:
• EXCEPT FOR LINTEX’S REFUND OBLIGATIONS HEREUNDER, IN NO EVENT SHALL LINTEX BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY STATUTORY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. LINTEX'S (PARTY A'S) MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE ACTUAL DEPOSIT PAID BY THE CUSTOMER FOR THE CHARGER(S) THAT IS THE SUBJECT OF THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
• The Customer agrees, at its sole expense, to indemnify, defend and hold harmless Lintex, its affiliates and Subsidiaries, and all their respective officers, directors, agents and employees (collectively, the "Lintex Indemnified Parties"), from and against any and all actions, suits, proceedings, judgments, settlements, losses, claims, damages, costs or liabilities, including reasonable legal fees and costs of suit (collectively, "Claims") which the Lintex Indemnified Parties may incur or suffer as a result of the Customer or any of Customer’s personnels’ or affiliates' acts or omissions with respect to: any wilful misuse or negligence with respect to the use of any Charger, non-compliance with any applicable law, or breach of the terms of this Agreement including, but not limited to, any Claim (i) related to death, bodily injury, or financial losses to any individuals or damage to any property; or (ii) the infringement of any intellectual property rights of a third party.
• The Customer shall be given the opportunity to participate in the defense of any such Claims; however, it shall not have any right to control the defense, consent to judgment, or agree to settle any such Claims; except with the written consent of Lintex. Lintex shall reasonably apprise the Customer of all significant developments relating to the defense of the Claims. Additionally, the Customer shall reasonably cooperate in the investigation and defense of any such Claims, at the Customer’s expense.
• This Section shall survive any termination or expiry of this Agreement.
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15. Governing Law and Dispute Resolution
• This Agreement is governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
• Any dispute shall first be addressed through good-faith discussions and, if unresolved, resolved by binding arbitration in Ontario.
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16. Entire Agreement
• This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or understandings relating to the Program.
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17. Successors and Assigns
• This Agreement shall be binding upon the parties and their respective successors and assigns. Lintex may assign this Agreement by providing prior written notice to the Customer. The Customer may not assign this Agreement without Lintex's prior written consent.
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18. Waiver
• Any waiver of any provision shall be valid only in the instance for which such waiver was given and shall not be deemed a continuing waiver nor otherwise construed as a waiver of any other provision. No right, power or remedy herein conferred upon Lintex is intended to be exclusive of any other right, power or remedy, and each and every such right, power or remedy shall be cumulative of every other right, power or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
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19. Amendments
• Lintex may amend this Agreement upon thirty (30) days' prior written notice to the Customer. If the Customer does not accept the amendment, the Customer may terminate this Agreement within the notice period without penalty.
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20. Assignment
• Neither this Agreement, nor any right or interest herein, may be assigned by the Customer, without the prior written consent of Lintex. Lintex may assign this Agreement by providing prior written notice to the Customer.
________________________________________By ordering, installing, or using a Lintex EV charger, you confirm that you have read, understood, and agree to be legally bound by this Agreement.
The terms and conditions of this Agreement are accepted by:
Signature:
Name of Signature:
Title:
Date: