Terms & Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• “Product” means the main EV charging equipment, including the main circuit, its enclosure, the aesthetics, the output cable and gun as supplied by BPC. Product includes every model of EV Charger that BPC offers to its Clients.
• “Service” means installation, maintenance, repair, technical support, and related services provided by BPC.
• “Warranty” means the manufacturer’s limited warranty, as offered by BPC to Client in respective case, covering manufacturing defects in materials and workmanship under normal use conditions, subject to the exclusions specified herein.
• “Warranty Certificate” means the document shared with the Client mentioning the details of every individual product and the duration of its Warranty.
• “Client” means the entity or individual who raises the Purchase Order and enters into agreement with BPC.
• “User Manual” means the booklet provided with every Product that includes the usage guidelines for operating the BPC Products, the inclusive Do’s and Don’ts list, the technical specifications and regulatory conformity of every Product, contact information about BPC, and other required important guidelines and information.
• “CPO” means Charge Point Operator or end-user of the charging station.
• “MMR” means Mumbai Metropolitan Region.
• “BPC” means Bombay PowerCo Private Limited.
• “Peripheral Infrastructure” means any peripheral infrastructure needed to operate the BPC Products and services and includes upstream infrastructure like electric connections, power meter installation, liaisoning with power distribution company, power supply, earthing, wiring, connections with solar power/open access model/peer to peer power sharing, installing and connecting any electrical protection devices like voltage stabiliser, surge protection device, as also includes painting of parking slots, any signages, internet connections like cellular card, wi-fi, LAN, etc., mounting stand, rain protection shed, fire-fighting system/equipment, material or human insurance or other related systems which may or may not be supplied by BPC but essential or complementary for EV Charger operation.
• “AMC” means Annual Maintenance Contract which is a contract undertaken to cover repairs/replacement of manufacturing faults in the Product after the end of the Warranty duration. AMC shall be charged separately for every Product for every Client.

2. Sale and Return Policy

2.1 All sales are final. Products once sold cannot be returned, exchanged, or refunded under any circumstances.

2.2 The Client acknowledges that they have thoroughly evaluated the Product specifications and have read and agree to all the terms and conditions, and all the documents of BPC before purchase.

2.3 Payment, Refunds, and Recovery

In case of default in payment, BPC reserves the right to recover dues through appropriate legal and statutory mechanisms, including MSME facilitation forums, where applicable.

3. Warranty

3.1 Warranty Period and Coverage

BPC provides a limited duration warranty, as offered in every respective case, from the date of installation covering manufacturing defects in materials and workmanship under normal operating conditions. The warranty only includes repair or replacement or reinstatement of particular faulty components on case by case basis at BPC’s sole discretion.

3.2 Warranty Exclusions

The warranty does NOT cover:

• a) Any defect or issue in the peripheral infrastructure.
• b) Any issues in parts solely meant for aesthetics and/or decoration of the charger.
• c) Damage caused in the main Product by peripheral infrastructure issues including but not limited to voltage fluctuations, power surges, inadequate earthing, faulty electrical systems, etc.
• d) Physical damage, tampering, unauthorized modifications, or misuse.
• e) Normal wear and tear.
• f) Damage from fire, flood, lightning, or acts of God.
• g) Installation or relocation by non-BPC personnel.
• h) Operating conditions outside specified parameters.
• i) Software lag or delays inherent to evolving technology.
• j) The Warranty duration is strictly as mentioned in the Warranty Certificate of every Product. There shall not be any extension of Warranty duration under any circumstance.

3.3 Warranty Voidance

The warranty shall be immediately void if:

• a) The Product is not operated as per the directions as specified by authorised BPC personnel and in the BPC User Manual.
• b) The Product is tampered with, opened, or repaired by unauthorized personnel.
• c) Installation or relocation is performed by anyone other than BPC professionals.
• d) The Product is used in conditions of defected peripheral infrastructure whether known to the Client or not.
• e) The Product is operated after BPC has issued a suspension notice.
• f) Installation or relocation or repairs or tampering or any kind of handling performed physically or via virtual access including via the BPC accredited software system or otherwise by non-BPC personnel.

In every case of Warranty Claim, the decision made by authorised BPC personnel shall be final and binding.

3.4 Warranty Reinstatement — Not Applicable

Once warranty is declared void due to upstream infrastructure issues or other Client-side problems, it shall NOT be reinstated even after the issue is resolved. The Client must do the following at their sole cost:

• a) Rectify the infrastructure issue.
• b) Request BPC to conduct a product audit and inspection and pay the requisite charges for the audit.
• c) Bear the cost of any necessary repairs.
• d) Purchase a new AMC for continued service coverage.

If tampering gets repeated then BPC will follow this same process all over again every time.

3.5 Annual Maintenance Contract

All conditions, definitions, inclusions, exclusions, voidance, etc. mentioned in this entire document pertaining to Warranty shall also be applicable to AMC (Annual Maintenance Contract), unless otherwise specified.

4. Delivery, Installation, and Warranty Commencement

4.1 EV Chargers shall be delivered only upon completion of upstream EPC works and written clearance by BPC’s technical team. The Client is required to store the Product and any other material delivered by BPC in a cool and dry place and keep it away from direct sunlight, water, rodent infestation, etc. It shall be in the scope of the Client to transport the Product and other delivered material from the storage facility and produce it at the finalised installation spot before the authorised BPC personnel at the time of installation.

4.2 If installation does not commence within seven (7) days from delivery, the Warranty shall automatically commence from the date of delivery.

4.3 Any damage during storage, unloading, or delay shall be entirely at the client’s risk and cost.

4.4 BPC conducts extensive quality checks of every unit of every Product to ensure technical, physical and working fitness before delivering the same to the Client site. The Client can visit the BPC facility for a pre-delivery inspection to inspect every product before receiving the delivery. BPC does not even take responsibility for any damage caused to the product during transit or transportation once the product has been dispatched from the BPC facility. BPC shall not cover any defects found in the Product discovered at the time of installation in case of any passage of time between the date of delivery and the date of installation. It is to be noted that storing the Product and all other material delivered by BPC is the responsibility of the Client and that BPC shall not be liable to free of cost repair/replace any defects in cases where the Product is found to be faulty when produced by the Client at the time of installation.

6. Peripheral Infrastructure Assessment

6.1 If BPC’s backend dashboard or technician readings indicate issues with peripheral infrastructure at the Client’s site, such findings shall be conclusive and final.

6.2 BPC uses certified and authorized software and hardware systems for diagnostics. No claims challenging the credibility, calibration, or fitness of BPC’s diagnostic equipment shall be entertained at any stage after the final decision has been passed.

6.3 Infrastructure issues include but are not limited to inadequate power supply, voltage irregularities, improper earthing, faulty wiring, and incompatible electrical systems.

6.4 It shall be the duty of the CPO or the Client to determine and rectify the root cause of the issue at their own cost. BPC can extend support to the Client in getting the issue rectified for an additional cost.

7. Complaint Lodging Procedure

7.1 All complaints must be lodged exclusively through the official method specified by BPC and using the prescribed format only.

7.2 BPC shall only accept communications from a maximum of two (2) email addresses per client location, which must be registered with BPC in advance.

7.3 Any complaint lodged through means other than the specified method, or from unregistered email addresses, shall not be treated as a valid complaint.

7.4 No claims of non-receipt or non-hearing of complaint shall be entertained if less than ninety (90) days have elapsed since filing the complaint.

7A. Service Response Time

7A.1 For queries, troubleshooting, and service requests, BPC shall respond within 48–72 working hours, subject to availability of spare parts and technician resources.

7A.2 On-ground support response times:

Within MMR

• Public holidays: Service not offered.
• Normal working days: 10am to 7pm Monday to Friday.

Beyond MMR

• Public holidays: Service not offered.
• Normal working days: 10am to 7pm Monday to Friday.

7A.3 For payment-related complaints regarding the CPO bank account, BPC shall respond within seventy-two (72) working hours.

8. Working Hours

8.1 BPC’s operational hours are 10:00 AM to 7:00 PM, Monday to Friday, excluding local bank holidays and public holidays.

8.2 Service requests received outside working hours shall be processed on the next working day.

8.3 Limitation of Assistance and Response Timelines

• 1. BPC shall not be liable to provide assistance through any mode other than the prescribed complaint mechanism.
• 2. Complaints relating to monetary settlement or payment gateway issues shall be addressed within seventy-two (72) working hours, failing which escalation shall be strictly as per BPC’s escalation matrix.

9. Site Visits and Recording

9.1 BPC team is entitled to record videos of entire or partial site visits for safety, documentation, and record-keeping purposes.

9.2 The Client’s supervisor shall be verbally informed of such recording, or BPC technicians shall wear identification badges indicating recording is in progress.

10. Limitation of Liability

10.1 BPC’s liability under all circumstances is strictly limited to repairing or replacing the faulty part of the EV Charger only. This limitation applies to Products supplied to the Client under the relevant agreement.

Clients are generally provided with a sheet that details the scope of BPC, of the Client and/or of any other party keeping in mind all the works that need to be executed while installing an EV Charging Station as per relevant laws, save and except some errors/omissions/oversights. In case the Client does not wish to execute a particular portion of the works, BPC shall not be held responsible for such lack caused.

10.2 BPC shall NOT be liable for:

• a) Any other materials, equipment, or infrastructure, even if supplied and/or installed by BPC
• b) Direct, indirect, incidental, consequential, punitive, or special damages
• c) Loss of revenue, business interruption, or lost profits
• d) Damage to vehicles, property, or third-party assets
• e) Personal injury or death
• f) Any monetary or non-monetary compensation whatsoever
• g) Material Supply or Works not in the scope of BPC as per the relevant document shared by BPC.

10.3 Under no circumstances shall the Client be entitled to compensation beyond repair or replacement as specified in clause 10.1.

11. Fire and Safety Disclaimer

11.1 The Client acknowledges that electric vehicles and charging equipment carry inherent risks, including fire risk during charging or otherwise.

11.2 BPC EV Chargers conform to standards prescribed by Indian Government and are fit for usage under normal conditions across India.

11.3 BPC installs adequate safety measures capable of preventing mishaps under normal operating conditions.

11.4 Notwithstanding the above, BPC shall NOT accept any liability or responsibility for any mishap, loss, damage, injury, or death resulting from fire or any other incident involving the Product.

11.5 If the Client wishes to conduct an independent product audit, they may do so only at any of BPC’s registered laboratories at their own cost, and may thereafter take further steps.

12. Product Suspension

12.1 In case of any fault requiring manpower intervention, BPC reserves the right to disengage and suspend operations of the affected EV Charger until the fault is resolved.

12.2 If the Client continues to use the Product after BPC has issued a suspension notice, BPC shall be completely absolved of all liability, including its limited liability specified herein.

13. Installation and Relocation

13.1 All installation and relocation services must be performed exclusively by BPC-authorized personnel only.

13.2 Installation or relocation by any unauthorized personnel shall immediately void the warranty and absolve BPC of all liability.

13.3 While BPC provides guidance/advice/consultation on installing chargers as per government guidelines, if the Client chooses to install EV Chargers in non-compliance with any guideline, BPC can supply and install the EV Chargers but shall be completely absolved of all direct/indirect/punitive, etc. liabilities and/or legal matters arising therefrom. BPC authorised personnel holds the right to refuse to service the said Product that has been installed in non-compliance even if the Product is covered in Warranty/AMC.

14. Document Management

14.1 BPC generally submits all general and site specific product and installation documents, save and except some errors and omissions, to the particular Client (the entity raising the Purchase Order).

14.2 It is the sole responsibility of the CPO or any other person to collect all documents from the PO-raising person.

14.3 BPC is not liable to share documents separately with CPOs or users.

14.4 No claims based on non-receipt of documents by the PO-raising entity/CPO/any other person shall be entertained.

14.5 No complaint shall be entertained based solely on one document. All documents for a particular site must be studied in conjunction before filing a complaint. If there is any contradictory statement towards a particular point within a single document or between multiple documents, the stricter rule will be applicable.

14.6 BPC shares a form to be filled by every CPO for updating the communication details of the CPO. In case the CPO fails to fill the form, BPC reserves the right to only communicate with the PO-raising entity.

14.7 If someone wants to read the general and/or site specific documents of their location, they will have to submit a request to BPC in writing or by email and upon confirmation BPC may allow the person to visit the BPC office and read all docs under the supervision of a BPC authorised person. These documents cannot be taken outside the BPC facility under any circumstance. Duplicate copies will not be shared. Clicking images are not allowed. Only 2 people will be allowed per visit per site and only such persons will be allowed who are directly impacted by the said Product. A person having no reasonable or justifiable connection to the Product can be refused access to the documents by BPC. A person can only request for access to general documents and documents specific to their site. BPC can refuse to share any documents of any other site with the said person. No person can claim any liability on BPC based on site specific documents of any site other than their own.

15. Errors and Omissions

15.1 Any document shared by BPC may contain errors and omissions (E&OE).

15.2 Even if E&OE is not explicitly stated, it is implied in all BPC documents.

15.3 BPC reserves the right to correct any errors without prior notice.

16. Product Certification

16.1 BPC’s top product line conforms to Indian standards, whether or not actually certified by any authority.

16.2 Any LITE or affordable range introduced by BPC may use the “certified” designation provided the basic circuit and safety features remain unchanged, without requiring separate testing.

16.3 No claims will be entertained based on non-certification of a particular product as long as it conforms to the relevant Indian Standards. A Client/CPO/any other relevant person can purchase a new, fresh, unused piece of any of the BPC products and submit the same to any of the BPC accredited labs for testing at their sole cost. In case of any discrepancy found, BPC shall only rectify the particular shortcoming in their forthcoming manufacturing batch. BPC shall not be liable to give any public announcement, compensation, reimbursement of costs, etc. in such cases.

17. Software Performance

17.1 The Client acknowledges that EV charging software may experience some degree of lag or delay.

17.2 The Client agrees to bear with BPC in recognition that the EV charging industry and its products are relatively new to the Indian market and are in a constant developmental phase.

17.3 BPC commits to continuous improvement but makes no guarantees regarding software performance beyond reasonable industry standards.

17.4 BPC may share a form with the PO-raising entity or the CPO (prospective or already in place) to update details including but not limited to the bank account details for crediting monies (with or without GST and/or surcharges) collected by way of charging the electric vehicles. In case the Client fails to fill the said form, BPC may at its sole subjective discretion:

• a) Assign a basic per kWh tariff rate for charging the electrical vehicle using the BPC Product. This tariff shall attract 18% GST and the total amount shall be credited to the bank account of BPC or its assigned agents by default. BPC acknowledges and accepts that these monies belong to the CPO and only collects these monies as a part of the default software design. The CPO shall have to follow the required documentation as prescribed by BPC before they can claim these monies from BPC.
• or
• b) Assign a Rs. 0/kWh tariff rate for charging the electrical vehicle using the BPC Product. In such case, it shall be the sole responsibility of the CPO or the Client to recover the monies lost by way of charging the electrical vehicles and paying the bills of the power distribution company. BPC shall not be held responsible for such loss of monies.

18. Additional Work and Compensation

18.1 BPC reserves the right to seek compensation for work performed beyond the scope of these Terms and Conditions.

18.2 Such additional work shall be duly communicated to the Client beforehand.

18.3 Work shall commence only after the Client’s approval of both the scope of work and associated costs.

19. Professional Conduct

19.1 BPC reserves the right to record phone calls and emails for quality assurance, training, and dispute resolution purposes.

19.2 If a Client uses foul, abusive, or disrespectful language toward BPC staff, BPC is entitled to refuse service and even suspend operations to that Client.

19.3 Similarly, Clients may raise complaints if BPC staff uses inappropriate language, as BPC trains its staff to maintain courtesy at all times.

19.4 BPC maintains zero tolerance for disrespect toward its team and upholds the dignity of all personnel.

20. Decision Authority

20.1 In every subjective case, dispute, or matter requiring interpretation, the decision of BPC shall be final and binding on the Client.

20.2 The Client waives any right to challenge BPC’s technical or operational decisions in matters covered by these Terms.

21. Escalation Matrix

21.1 If no response is received within the stipulated timeframe, the Client may escalate their complaint as per the BPC escalation matrix provided below:

For the current escalation matrix, please write to contact@bpc.green.

22. Acceptance of Terms

22.1 By raising a Purchase Order to BPC or by continuing the usage of BPC Products and services, the Client confirms that they have read these Terms and Conditions in detail and agree to be bound by them.

22.2 BPC may or may not explicitly write “T&C Apply” on any particular document, but all documents, quotations, invoices, and agreements shall be subject to these Terms and Conditions.

23. Amendments

23.1 BPC reserves the right to alter, modify, or amend these Terms and Conditions at any time without prior notice to anyone.

23.2 Continued use of BPC Products and Services after amendments constitutes acceptance of the revised Terms.

24. Reserved Rights

BPC reserves the right to:

• a) Refuse service to any Client/person for reasons the company deems fit.
• b) Suspend or terminate service in case of breach of these Terms
• c) Modify product specifications and service offerings
• d) Engage third-party service providers at its discretion
• e) Take legal action against violations of these Terms

25. Jurisdiction

25.1 All matters, disputes, claims, and legal proceedings pertaining to Bombay PowerCo Private Limited, its Products, Services, or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in Mumbai, India even in cases where a Client/any other person mentions a different jurisdiction in their documents.

25.2 The Client and the public at large irrevocably submit/s to the jurisdiction of Mumbai courts and waives any objection to venue or inconvenient forum.

26. Severability

26.1 If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

27. Entire Agreement

27.1 These Terms and Conditions constitute the entire agreement between BPC and the Client and supersede all prior discussions, negotiations, and agreements.

28. Contact Information

For complaints, queries, or service requests, please contact BPC through the officially designated escalation matrix as attached above.

29. Promotions and Offers

BPC constantly collects data of potential client companies and their representatives via direct campaigns (eg. exhibitions, trade fairs, events, etc.) and also indirectly via ethical means and publicly available data and initiates communications with their potential clients via postal mailer campaigns/cold calls/messages/emails.

As a means of continuously offering our existing and potential Clients/any other persons our best products and services, BPC occasionally and timely shares its updates, offers, and news about our services via email, WhatsApp, post, or other platforms. Clients can opt out anytime by contacting us directly via the escalation matrix attached above or via simply pressing the “Opt-Out” button.

30. Applicability and Validity

These Terms and Conditions shall be applicable prospectively from the date of sending this document to the respective Client/CPO/PO-raising entity via Email and shall be valid throughout the duration of the Products being utilised at the Client’s site including but not limited to the duration of Warranty period, duration of AMC period, duration of non-AMC period, etc. BPC reserves the right to update or modify these Terms & Conditions at any time, at its sole discretion, without prior notice. The updated version will be effective upon publication, and we encourage all our Clients to review these terms periodically. BPC may share the updated version of the T&C document personally with every client (PO-raising entity) and/or may upload the same on its official website. No claims shall be entertained based on non receipt of the updated T&C document.

By proceeding with the purchase, installation, or continuing the use of BPC Products and Services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.