10 Legal Clauses Every EV Charger Agreement Should Include

Introduction

Too many EV charger projects run into trouble not because of the tech, but because of what was (or wasn’t) in the contract. Whether you’re a supplier, operator, or host site, the right agreement can prevent financial disputes, warranty confusion, or regulatory risks.

In this article, you’ll discover 10 essential legal clauses that every EV charger agreement should include. These aren’t just legal formalities—they protect your investment, clarify responsibilities, and reduce conflict.

Who This Is For / Why This List Matters

This guide is especially useful for:

• EV charger manufacturers and resellers
• Site owners or landlords hosting public chargers
• Facility managers and property developers
• Charge Point Operators (CPOs)
• Legal advisors in the infrastructure or energy sector

Use this list when:

• Drafting or reviewing contracts for new EV charger installations
• Entering public-private partnerships in the energy space
• Negotiating with clients, suppliers, or landlords over charging infrastructure

1. Scope of Installation and Operation

Clarify who is responsible for what. This clause should specify:

• The type and number of chargers being installed
• Who provides the hardware and software
• The party responsible for physical installation and ongoing maintenance

Why it matters: Avoids confusion about roles and reduces scope creep.

2. Ownership and Asset Rights

State who owns the equipment—the chargers, infrastructure, or backend platform.

• Clarify if it’s a sale, lease, or co-ownership model
• Define what happens to the assets after termination

Tip: In co-funded projects, ownership must be clearly split.

3. Revenue Sharing and Payment Terms

This clause covers how income from the chargers is divided.

• What percentage goes to each party
• Frequency of settlement (e.g., monthly, quarterly)
• How transaction fees or platform charges are handled

Example: If Stripe handles the payments, clarify deductions and reporting timelines.

4. Warranty and Service Levels

Set expectations for support and performance.

• Manufacturer vs. installer warranties
• Expected uptime (e.g., 98%)
• Repair response times and service fees

Avoid: Assuming warranty covers labor if only parts are guaranteed.

5. Data Access and Reporting

Specify who has access to usage, financial, and technical data.

• Who owns the data generated by the chargers?
• Can the host site view user behavior or only billing data?
• How often will reports be provided?

Privacy note: Include GDPR or local data regulations if applicable.

6. Utility Coordination and Permits

Clarify who is responsible for applying to utilities, DEWA, or other regulators.

• Includes metering approvals and grid connections
• Who pays for upgrades to electrical panels or transformers

Pro tip: Make this clear if the landlord or operator owns the utility account.

7. Force Majeure and Downtime Responsibility

Unexpected outages should be addressed upfront.

• Define what events qualify as force majeure
• State how loss of service or revenue will be handled

Example: Will parties be compensated or credited during downtime?

8. Insurance and Risk Allocation

List required insurance types (e.g., public liability, equipment damage).

• Who maintains insurance?
• Is the host site named as additional insured?

Bonus: Add indemnity language to protect both sides from third-party claims.

9. Intellectual Property (IP) Rights

Especially important for software-driven EV solutions.

• Who owns the charging software or mobile app?
• Can one party license it to third parties?
• Is any white-labeling allowed?

Caution: Avoid silent clauses—IP ambiguity leads to disputes.

10. Dispute Resolution and Governing Law

Finish with how disputes will be resolved.

• Local courts vs. arbitration
• Applicable jurisdiction and governing law

Best practice: Match the jurisdiction to where the chargers are installed or operated.

Mini Case Example

In a project involving a real estate developer and an EV software provider, confusion arose when the agreement didn’t define who owned the data collected by the chargers. The developer expected full access to user data for commercial use, but the software company restricted it. Adding a simple “Data Access and Ownership” clause in the amendment solved the issue without legal escalation.

Summary Checklist

Here’s a quick-reference list of the 10 key clauses:

• Scope of Installation and Operation
• Ownership and Asset Rights
• Revenue Sharing and Payment Terms
• Warranty and Service Levels
• Data Access and Reporting
• Utility Coordination and Permits
• Force Majeure and Downtime
• Insurance and Risk Allocation
• Intellectual Property Rights
• Dispute Resolution and Governing Law

Closing Thoughts + Call-to-Action

A well-written EV charger agreement is more than paperwork—it’s legal infrastructure. These 10 clauses form the foundation for a clear, fair, and future-proof partnership.

Need help drafting or reviewing an EV infrastructure agreement? Book a call