Terms & Conditions – Supply and Installation of domestic EV charge point

This Contract and the relevant schedules selected by You in the EV Charger Key Terms shall apply once You click to confirm acceptance of this Contract on our website and make payment for your Charger and the associated Installation Services.

  • Agreement for EV charge points
    • We shall supply, and You shall purchase the EV Charger and the Services in accordance with the EV Charger Key Terms.
  • Definitions and Interpretation
  • In this Contract, unless the context otherwise requires, the following expressions have the following meanings:
  • Business Day” means any day other than a Saturday, Sunday or bank holiday in England;
  • Commencement Date” has the meaning in clause 3.2;
  • Confidential Information” means information which is disclosed by us to You, or You to us, in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential, or marked as such);
  • Contract” means the contract for the purchase and sale of the EV Charger and the supply of Services under this contract;
  • Delivery Date” means the date on which the EV Charger is delivered as set out in clause 5;
  • EV Charger” means the electric vehicle home charger which we are to supply in accordance with this Contract and (if applicable) all associated hardware required for the operation of such electric vehicle charger;
  • Installation Date” means the date that the Charger is to be installed at the Site as set out in clause 3.4;
  • Installation Services” means the installation of the EV Charger;
  • Month” means the calendar month;
  • Price” means the price stated online following completion of our online questionnaire which is payable for the supply and installation of EV Charger;
  • Property” means Your home address;
  • You/Your” means the person who has accepted the terms of this Contract and paid for the supply and installation of an EV Charger from Us;
  • we/us/our” means Elmtronics Ltd, a company registered in England under 09002413 of Unit 52, Derwentside Business Centre, Consett, County Durham, DH8 6BN and includes all employees and agents of Elmtronics Ltd.
    • Unless the context otherwise requires, each reference in this Contract to:
      • writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
      • a statute (meaning a written law passed by the government) or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
      • a clause is a reference to a clause of this Contract.
    • References to any gender shall include the other.
  • Basis of Sale and Service
    • Elmtronics will supply the EV Charger and provide the Installation Services in accordance with the terms of this Contract.
    • This Contract shall take effect and become binding on You and us once we send You an email confirmation that we have received payment from You of the full Price (the “Commencement Date“). Such email notification shall be sent by us once You have (1) completed the EV Charger application form on our website; (2) clicked to confirm Your acceptance of these terms and conditions; and (3) sent payment of the Price.
    • Following receipt of payment, we will also send You a text message with a link to open a mobile website to complete a survey which will help us to determine if any additional works are required to enable us to carry out the Installation Services. If Your responses to the survey identify that additional works will be required we will notify You as soon as reasonably practicable and send You a further invoice to cover the cost of such additional works. If You decide not to continue with the installation of an EV Charger due to the cost of the additional works You must notify us promptly and we will cancel Your order and issue You a full refund.
    • If You decide to accept the additional works and pay the further invoice we will then book You a date for installation of Your EV Charger (“Installation Date“). The date of installation will be the next available slot for our engineer in Your local area. We are unable to give You a precise time slot for Your installation, but we will confirm whether Your installation will be a morning slot (anytime between 8am-11am) or an afternoon slot (anytime between 12pm-5pm). Installation can take up to four (4) hours although, occasionally, it can take longer if our engineer encounters an unforeseeable problem.
    • Our employees or agents are not authorised to make any representations concerning the EV Charger or Installation Services unless confirmed by us in writing. In entering into the Contract, You acknowledge that You do not rely on, and waive any claim for breach of, any such representations which are not in this Contract.
    • We may amend sales literature, price lists and other documents issued by us in relation to the EV Charger and Services without notice and these documents will not constitute offers to sell the EV Charger which are capable of acceptance.
    • Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
    • Where OLEV certificate numbers are required, You must provide these numbers to us before the order is processed. Once the OLEV certificate number is provided to us, we will confirm the Delivery Date.
    • If your claim is rejected by OZEZ due to false information supplied by You, we will invoice you for the outstanding amount that would otherwise have been covered by the OZEV grant.
  • Specification of Your EV Charger
    • The specification for the EV Charger shall be that set out in the Quotation.
    • Illustration, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by us are intended as a guide only and shall not be binding on the Parties.
    • We reserve the right to make any changes in the specification of the EV Charger which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the EV Charger are to be supplied to Your specification, which do not materially affect their quality or performance.
  • Delivery of Your Charger 
    • Delivery of the EV Charger shall be made by a carrier delivering the EV Charger to the Property.
    • The Delivery Date will be approximately 5 working days following the confirmation of your approved survey unless otherwise notified to You. Time for delivery shall not be of the essence unless previously agreed by us in writing.
    • On delivery You will receive a sealed home charge package that consists of the EV Charger and installation equipment. It is Your responsibility to ensure that this box is stored safely and remains unopened until the Installation Date. The engineer will open the box on the Installation Date and check the box contains all the necessary equipment.
    • It is Your responsibility to take delivery of the EV Charger on the Delivery Date. If for any reason you are unable to take delivery of the EV Charger on the Delivery Date you must let us know as soon as possible as we may need to rearrange your Installation Date.
  • Non-Delivery of EV Charger
    • If we fail to deliver the EV Charger on the Delivery Date other than for reasons outside of our reasonable control or it is Your fault or the carrier’s fault:
      • we shall have no liability in respect of such late delivery; or
      • if You give written notice to the us within seven (7) Business Days after the Delivery Date and we fail to deliver the EV Charger within seven (7) Business Days after receiving such notice, You may cancel the order and we shall return to You any advance payment made by You to us under this Contract.
    • Installation Services – Our obligations
      • We will provide the Installation Services:

(a)                 using reasonable care and skill;

(b)                 in accordance with Quotation in all material respects;

(c)                 using reasonable endeavours to keep noise and disruption to You and Your neighbours to a minimum.

  • If You wish to delay the Installation Services, You must give written notice at least seven (7) Business Days in advance of the Installation Date specified in the Quotation.
  • It is Your responsibility to ensure that Your Property is suitable for the installation of the EV Charger. If any unforeseen event, material, surface, substance or equivalent arises at Your Property that materially impacts the EV Charger and/or Installation Service, we reserve the right, by giving written notice to You at any time before delivery or provision, to increase the Price to reflect any increase in the cost to Us.
  • It is Your responsibility to make arrangements for any required upgrading of the DNO (District Network Operator) supply at your own cost. Any additional power requirements will be identified at the survey stage.
  • We shall use reasonable endeavours to complete our obligations under the Contract on the Installation Date, but time will not be of the essence in performance of such obligations.
  • As part of the Installation Services our engineer will demonstrate to You how to use the EV Charger. After the demonstration, our engineer will then give you a QR code which will allow You to download the EV Charger user manual and a mobile application which will allow You to control the EV ChargePoint.
  • If on the Installation Date our engineer identifies that the EV Charger delivered requires replacement or further parts are needed to complete the Installation Services, the engineer will promptly order any such replacement EV Charger or parts and we will let You know once the replacement EV Charger or parts are ready, will send them to Your Property and will contact You to let You know when an engineer will be available to install the replacement.
  • If at any time between the Installation Date and up to three years after the Installation date Your EV Charger developers a fault please contact us to let us know. We will arrange a time to visit Your Property to inspect and fix the EV Charger. All parts and labour for any such visits will be at our cost unless our engineer reasonably determines that the fault was caused by Your deliberate act or omission or failure to follow reasonable instructions given to You on installation.
  • We offer two years additional warranty on the EV Charge Point at an additional cost. You will be given the option to purchase this at the time of Order.

 

  • Installation Services – Your obligations
    • You will:
      • ensure that the terms of the Quotation are complete and accurate;
      • cooperate with us in all matters relating to the EV Charger and Installation Services;
      • provide us and our engineers, with access to Your Property and other facilities as reasonably required by us to provide the Installation Services;
      • prepare Your Property for the supply of the Installation Services. Such preparations include but are not limited to:
        • cleaning and tidying the area around where the EV Charger is to be installed ahead of installation;
        • making available electricity supply; and
        • preparing for the isolation of Your electricity supply during the installation to allow us to work safely. It is Your responsibility to ensure that all household appliances are reconnected after the power is reinstated; and
        • ensuring there will be no restrictions placed on us or our engineers by any neighbours, local authorities or otherwise;
      • provide us with such information and materials as we may reasonably require in order to supply the EV Charger and Installation Services and ensure that such information is complete and accurate in all material respects;
      • pay us a £60 abandonment fee if either:
        • we are unable to access the Property on the Installation Date due to the Your failure to comply with Your obligations under this clause 8; or
        • you gave us false information in the survey referred to in clause 3.3 and the installation is consequently more complex than we anticipated;

 

  • comply with any additional obligations as set out in the Quotation.
  • Price
    • Except as otherwise stated under the terms of any quotation or offer or in any price list, and unless otherwise agreed in writing between the Parties, all prices are inclusive of the charges for packaging and delivery.
    • The price is inclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature in respect of the EV Charger and Services
  • Payment
    • As set out in clauses 3.3 and 3.4, we shall invoice You for the cost of the EV Charger and the Installation Services on acceptance of the Contract and, if additional works are required, on identification of the cost of such additional works.
  • Risk and Retention of Title 
    • Risk of damage to or loss of the EV Charger shall pass to You immediately following delivery.
  • Defective EV Charger
    • If on delivery any part of the EV Charger is damaged in any material respect and either (i) You lawfully refuse delivery of the EV Charger due to damage apparent on inspection or (ii) You give written notice of such defect to us within seven (7) Business Days of such delivery, we shall (on completion of tests confirming that the Charger or parts thereof are defective) replace the defective EV Charger within twenty (20) Business Days of receiving Your notice
    • We shall be under no liability in respect of any defect arising from fair wear and tear, or any deliberate damage, negligence, subjection to normal conditions, failure to follow our instructions (whether given orally or in writing), misuse or alteration of the EV Charger without our prior approval, or any other act or omission on Your part or any third party.
  • Liability
    • If we fail to comply with the terms of this Contract, we will be responsible for losses or damage suffered by You that are a foreseeable result of us breaking this agreement or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, on the date of this Contract You and we knew it might happen.
    • We will be liable for direct loss or damage caused by our negligence or as a result of us failing to comply with our obligations under this Contract. Our liability in any twelve (12) month period, for any one event, or any series of connected events, will be limited to the Total Price stated in the EV Charger Key Terms.
    • We shall not be liable to You or be deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, if the delay or failure was due to any cause beyond our reasonable control.
    • Nothing in this Contract excludes or limits our liability:
      • for death or personal injury caused by our negligence;
      • for any matter which it would be illegal for us to exclude or attempt to exclude its liability;
      • for fraud or fraudulent misrepresentation; or
      • affects Your legal rights as a consumer.
    • Ending this Contract
      • We may cancel this Contract with You if You fail to perform or observe any of Your obligations set out in this Contract and fail to remedy such breach following written notice from us.
      • You may cancel this Contract in accordance with clauses 3.3 or 6.1 or at any other time prior to the Installation Date by contacting us in writing using the email number in clause 15 If the EV Charger has been delivered prior to cancellation you must return by post at Your own expense the EV Charge and we will refund You within 14 days of collection.
    • How to contact us
      • You may contact us to discuss the delivery of Your EV Charger and/or the Services by emailing us at homecharge@elmtronicco.uk or by calling our telephone customer enquiry line on 0191 417 3719 between the hours of 09:00 and 17:00 Monday to Friday excluding bank holidays.
      • Except where this Contract specifically states otherwise that a notice need not be in writing any notice given pursuant to this Contract shall be in writing.
    • Force Majeure

Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, pandemic, epidemic or any other event that is beyond the control of the Party in question.

  • Data protection

We will only use Your personal information as set out in our Privacy Policy which can be found at: www.elmtronics.co.uk/elmtronics-home/privacy-policy/

  • Other important terms
    • We may assign, transfer, subcontract and/or charge this Contract.
    • You shall not assign, transfer and/or charge this agreement without our prior written consent.
    • No variation to this Contract shall be binding unless agreed in writing by You and us.
    • This Contract constitutes the entire agreement between You and us relating to the supply and installation of an EV Charger at Your Property and supersedes any previous agreement between You and us relating to the supply and installation of an EV Charger at Your Property.
    • A person who is not a party to this Contract shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
    • If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
    • Nothing in this Contract is intended to, or shall operate to, create a partnership between the parties.
    • This Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between You and us relating to this Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.