Legal Clauses Every EV Charger Agreement Should Include

Introduction

Too many EV charger projects run into trouble not because of technical failure, but because of vague, incomplete, or poorly written contracts. Whether you’re a hardware supplier, charge point operator (CPO), software provider, or host site owner, the EV charger agreement is what defines your legal and commercial protection. Without clear terms, you risk financial disputes, unclear warranty responsibilities, operational delays, and even regulatory violations.

That’s why a well-drafted EV charger agreement isn’t optional—it’s essential. In this article, you’ll discover 10 critical legal clauses that every EV charger agreement should include. These aren’t just boilerplate legal provisions—they are the foundation for a smooth partnership, helping to protect your investment, define roles and liabilities, and prevent future conflict.

Who This Is For / Why This List Matters

Who This EV Charger Agreement Guide Is For

This guide is especially useful for professionals and businesses directly involved in the electric vehicle charging ecosystem, including:

• EV charger manufacturers and hardware resellers

• Commercial property owners and landlords hosting public EV charging stations

• Facility managers and real estate developers overseeing installation sites

• Charge Point Operators (CPOs) managing charger networks and user access

• Legal advisors supporting infrastructure, energy, or mobility projects

When to Use This EV Charger Agreement Guide

You should use this guide when you are:

• Drafting or reviewing an EV charger agreement for a new installation project

• Entering into public-private partnerships where EV charging infrastructure is part of the scope

• Negotiating key terms with clients, landlords, or technology providers to ensure legal and operational alignment

Whether you’re finalizing a deal or conducting due diligence, the insights in this guide will help you structure a reliable EV charger agreement that protects your interests and avoids future disputes.

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 one EV infrastructure project, a real estate developer partnered with an EV software provider to install smart chargers across a commercial site. While the technical setup went smoothly, legal confusion quickly emerged—the EV charger agreement failed to specify who owned the user data generated by the chargers.

The developer assumed they would have unrestricted access to the data for commercial analysis and monetization, but the software provider imposed limitations, citing platform policy. This disagreement stalled operations and nearly led to legal escalation.

The resolution? A revised EV charger agreement that included a clearly defined “Data Access and Ownership” clause. It spelled out what data each party could access, under what conditions, and for what purposes.

This simple but critical amendment prevented a legal dispute, restored trust, and kept the project on track. It also underscored why every EV charger agreement should explicitly cover data rights from day one.

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

Learn more about this topic here

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