Terms & Conditions

STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES BY EV Home Charger (South East) Limited

Please note clause 12 and the indemnities in clauses 3.2, 6.6, and 10.4.

Interpretation

1.1 Definitions:

Business Day: refers to a day (excluding Saturdays, Sundays, or public holidays) when banks located in London operate.

Conditions: denotes the terms and conditions contained within this document.

Contract: signifies the agreement between EV Home Charger (South East) Limited and the Customer regarding the sale and purchase of Goods as governed by these Conditions.

Customer: identifies the individual or entity acquiring Goods from EV Home Charger (South East) Limited

Data Protection Legislation: (i) refers to the General Data Protection Regulation ((EU) 2016/679) and any applicable UK laws or regulations, as amended over time, for as long as GDPR remains directly applicable in the UK; and (ii) subsequently refers to any laws succeeding GDPR or the Data Protection Act 1998.

Force Majeure Event: describes any event or circumstance outside the reasonable control of a party.

GDPR: stands for General Data Protection Regulation ((EU) 2016/679).

Goods: represents the items or parts there of specified in the Order.

Intellectual Property Rights: encompasses patents, rights to inventions, copyrights and related rights, moral rights, trademarks, business names and domain names, rights concerning get-up and trade dress, goodwill and the right to take legal action for passing off, design rights, database rights, rights to use and safeguard confidential information (including know-how and trade secrets), in all forms whether registered or unregistered; includes applications for such rights, renewals or extensions, priority claims, and any comparable rights or protections existing now or in future anywhere globally.

Order: means the Customer’s request for Goods as documented in the purchase order form.

EV Home Charger (South East) Limited, registered in England and Wales under company number 15242596.

Software Plug-in: relates to any software or cloud-based functionality integrated within the Goods provided to end users.

Software Provider: indicates the entity hosting or supplying the Software Plug-in.

Specification: covers any agreed specification for the Goods, including associated drawings, as confirmed in writing by both the Customer and EV Home Charger (South East) Limited.

1.2 Interpretation:

(a) References to statutes or statutory provisions include those as amended or re-enacted, and encompass any subordinate legislation made under them as amended or re-enacted.

(b) Any phrase introduced by terms such as including, include or similar expressions is intended to be illustrative and does not restrict the meaning of the words preceding those terms.

(d) A reference to Third Party Purchaser has the meaning given in clause 6.1, and, where relevant, also includes any end user of the Product.

Basis of contract

2.1 These Conditions govern the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or that are implied by trade, custom, practice, or course of dealing.

2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring the completeness and accuracy of the terms of the Order and any applicable Specification submitted.

2.3 The Order is deemed accepted when EV Home Charger (South East) Limited issues written acceptance, at which point the Contract becomes effective.

2.4 The Customer waives any right to rely on any term in their documents that conflicts with these Conditions.

2.5 Any samples, drawings, descriptive matter, or advertising produced by EV Home Charger (South East) Limited or contained in EV Home Charger (South East) Limited’s catalogues or brochures are for information purposes only and do not form part of the Contract or have contractual force.

2.6 A quotation for the Goods from EV Home Charger (South East) Limited does not constitute an offer and is valid for 14 Business Days from its issue date, unless stated otherwise.

Goods

3.1 The Goods are described in EV Home Charger (South East) Limited’s catalogue, are subject to any modifications specified.

3.2 Where the Goods are manufactured according to a Specification provided by the Customer, the Customer shall indemnify EV Home Charger (South East) Limited against all liabilities, costs, expenses, damages, and losses (including direct, indirect, consequential losses, loss of profit, reputation, and related professional costs and expenses) arising from claims regarding infringement of third-party intellectual property rights due to EV Home Charger (South East) Limited’s use of the Specification. This clause survives termination of the Contract.

3.3 EV Home Charger (South East) Limited may amend the specification of the Goods if required by statutory or regulatory requirements.

3.4 All Intellectual Property Rights in or arising from the Goods (excluding those in materials provided by the Customer or the Software Plug In) are owned by EV Home Charger (South East) Limited, and EV Home Charger (South East) Limited grants the Customer a non-exclusive licence to use such Intellectual Property Rights as per this agreement.

Delivery

4.1 EV Home Charger (South East) Limited will ensure that:

(a) Each delivery of the Goods includes a delivery note showing the Order date, all relevant Customer and EV Home Charger (South East) Limited reference numbers, type and quantity of Goods (including code numbers, if applicable), special storage instructions (if any), and if delivered by instalments, the outstanding balance remaining.

(b) If EV Home Charger (South East) Limited requires the return of any packaging materials, this will be indicated on the delivery note. The Customer must make such materials available for collection as reasonably requested by EV Home Charger (South East) Limited, with returns at EV Home Charger (South East) Limited’s expense.

4.2 The Goods shall be delivered as set out in the Order: On receipt of full payment through our shop www.evhomechargeruk.co.uk the goods will be delivered by our inn house surveyors within 96 hours of cleared funds. Please email us on info@evhomechargeruk.co.uk for any delivery updates. The goods will be delivered by our Technical Surveyors and at the same time the technical site survey will be carried out. The technical surveyor will require time with the purchaser to ensure seamless installation normally 15-20 minutes. Delivery of the goods will only occur on the purchaser signing delivery note and authority to carry out technical site survey. If the purchaser is not in residence then a surcharge will be administered for a re-booking of delivery and technical site survey of £165.00 inclusive of VAT. The technical surveyor will leave a signed card stating customer not in residence aborted delivery of goods and unable to carry out site survey surcharge administered. Surcharge must be paid in full before delivery and technical site survey is re-booked.

(a) EV Home Charger (South East) Limited delivers the Goods to the location specified in the Order or as agreed (Delivery Location) following notification that the Goods are ready.

4.3 Delivery is completed when loading of the Goods is finished at the relevant Delivery Location.

4.4 Delivery dates are approximate, and time of delivery is not a condition of the Contract. EV Home Charger (South East) Limited is not liable for delays caused by Force Majeure Events or the Customer’s failure to provide adequate instructions relevant to supply.

4.5 If EV Home Charger (South East) Limited fails to deliver, liability is limited to costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality at the lowest market price, less the price of the Goods. EV Home Charger (South East) Limited bears no liability for failure caused by Force Majeure Events or the Customer’s failure to provide adequate instructions.

4.6 If the Customer does not accept delivery of the Goods within seven Business Days after EV Home Charger (South East) notifies by email that the Goods have been dispatched, except when such delay is due to a Force Majeure Event or EV Home Charger (South East) Limited’s failure to meet its contractual obligations:

(a) Delivery will be deemed completed at 17:00 pm on the seventh Business Day following notification; and

(b) EV Home Charger (South East) Limited will store the Goods until delivery occurs and charge the Customer for any related costs and expenses, including insurance.

4.7 If the Customer has not taken or accepted delivery ten Business Days after EV Home Charger (South East) Limited’s email notification, EV Home Charger (South East) Limited may resell or otherwise dispose of some or all of the Goods and, after deducting reasonable storage and selling costs, either pay the Customer any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

4.8 EV Home Charger (South East) Limited is permitted to deliver the Goods in instalments, that are paid for separately. Any delay or defect in an instalment does not entitle the Customer to cancel other instalments.

Quality and Warranty

The warranty active at the time of purchase may override any subsequent amendments listed below:

5.1 EV Home Charger (South East) Limited warrants that upon delivery, and for the period specified below from the date of supply, the Goods will (the Warranty):

(a) conform substantially to the Specification.

(b) be free from significant defects in design, materials, and workmanship; and

Product type / Warranty period:

BC1 EV Charger Installed carries a full warranty of 60 months (5 years from date of installation)

BC1 EV Charger Supply only carries a warranty of 36 months (3 Years)

AC EV Charge Point:

36 months (OZEV registered Charge Points subject to their own 36-month terms)

EV Charging Cable:

24 months

Marina Products:

12 months (optional extended warranties available)

Leisure Products:

12 months

Components, Accessories and Cables:

12 months

Embedded Software:

Warranty duration matches associated main product

Standalone Software:

12 months

5.2 Subject to clause 5.3, EV Home Charger (South East) Limited may repair or replace defective Goods either on-site or at EV Home Charger (South East) Limited premises if during the warranty period:

(a) The Customer communicates the Warranty issue according to clause 8.

(b) EV Home Charger (South East) Limited has a reasonable opportunity to examine the Goods; and

(c) The Customer, if requested, returns the Goods to EV Home Charger (South East) Limited or allows repair or replacement on-site.

5.3 EV Home Charger (South East) Limited is not responsible for Goods failing to comply with the warranty under clause 1 in the following cases:

(a) The defect results from the Customer’s failure to follow EV Home Charger (South East) Limited’s instructions regarding storage, commissioning, installation, use, or maintenance.

(b) The defect arises due to EV Home Charger (South East) Limited following drawings, designs, or Specifications provided by the Customer.

(c) The Goods are altered or modified by the Customer or installer without EV Home Charger (South East) Limited’s written consent.

(d) The defect results from deliberate damage, negligence, or abnormal storage or working conditions.

5.4 Except as stipulated in clause 5.1, EV Home Charger (South East) Limited shall not be liable to the Customer for any failure of the Goods to comply with the warranty.

5.5 EV Home Charger (South East) Limited assumes no liability to the Customer for consequential losses or costs.

5.6 Unless otherwise stated, the Terms and Conditions apply equally to any repaired or replacement Goods provided by EV Home Charger (South East) Limited.

(a) Goods supplied or repaired under the warranty will inherit the remaining term of the warranty applicable to the related main product.

5.7 To initiate a warranty claim:

(a) Notification of the claim must be made to EV Home Charger (South East) Limited within the warranty period.

(b) Notification must be submitted in writing to one of the following:

i) EV Home Charger (South East) Limited, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
ii) info@evhomechargeruk.co.uk
The Customer must provide the serial number of the charge point to EV Home Charger (South East) Limited.
Upon request, the Customer must supply installer details to EV Home Charger (South East) Limited.
The Customer should, wherever possible, offer a detailed description of the equipment failure and cooperate fully with EV Home Charger (South East) Limited to facilitate the determination of the cause and necessary corrective actions.
Conditions of Resale

6.1 If the Customer resells the Goods to a third party (Third Party Purchaser), they shall refrain from making statements regarding the quality or manufacture of the Goods beyond those contained in official EV Home Charger (South East) Limited literature or as mutually agreed in writing.

6.2 Where the Goods are included as part of a packaged product, the Customer warrants that resale shall be limited to such packaged products only.

6.3 The Customer is responsible for managing complaints and concerns from Third Party Purchasers regarding the Goods and must provide free aftersales support (After Sales Care Service) for the duration of any Warranty.

6.4 If, during After Sales Care Service, the Customer determines on the balance of probabilities that any sold Goods may breach the Warranty, the following steps must be taken:

(a) Notify EV Home Charger (South East) Limited as soon as reasonably practicable and, in any case, within seven days of awareness.

(b) Supply EV Home Charger (South East) Limited with any information reasonably requested.

(c) Collaborate with EV Home Charger (South East) Limited to identify the most suitable resolution, considering the nature of the defect, and:

(i) Where applicable, implement (or instruct relevant parties to implement) minor repairs or replacements as per EV Home Charger (South East) Limited’s written instructions; and/or

(ii) When required, permit EV Home Charger (South East) Limited to inspect the Goods as outlined in clause 5.3.

Should the Goods be found defective, EV Home Charger (South East) Limited will, at its discretion, repair, replace, or refund the full purchase price for the defective items.

6.5 EV Home Charger (South East) Limited disclaims responsibility for defects resulting from improper installation or misuse by the Third-Party Purchaser.

6.6 In circumstances where EV Home Charger (South East) Limited.

(a) Is contacted directly by a purchaser of Goods sold by the Customer; and/or

(b) Deems it necessary (acting reasonably) to take immediate action to prevent damage to its brand or any Goods sold, or the Customer violates obligations under this clause 6, the Customer shall indemnify and hold REV Home Charger (South East) Limited harmless for any resultant losses (including management time) on a full indemnity basis.

6.7 Nothing in clause 6 restricts statutory rights available to the Third-Party Purchaser, whether against EV Home Charger (South East) Limited or otherwise.

End User Licence Agreement and Software Plug-in

7.1 The Customer acknowledges that the Goods may include functionality hosted by a Software Provider, as described in EV Home Charger (South East) Limited’s catalogue from time to time.

7.2 It may be necessary or advantageous for the Third-Party Purchaser to agree to a licence with the Software Provider to enable complete functionality of any Software Plug-in.

7.3 The Customer agrees to ensure that Third Party Purchasers are informed of and accept any requisite end user licence agreement (or equivalent) mandated by the Software Provider.

7.4 To the extent permitted by law, EV Home Charger (South East) Limited accepts no liability towards Third Party Purchasers concerning the Software Plug-in, except regarding hardware incorporated in the Goods.

7.5 The Customer undertakes to refer any issues or concerns relating to the Software Plug-in directly to the Software Provider, and clause 6.6 shall apply correspondingly within this context.

7.6 Direct agreement between the Third-Party Purchaser and EV Home Charger (South East) Limited may sometimes be necessary or desirable, in which case the provisions of clause 7 shall apply accordingly.

Title and risk

8.1 Risk in the Goods passes to the Customer upon completion of delivery.

8.2 Title to the Goods does not pass to the Customer until the earlier of:

(a) Receipt by EV Home Charger (South East) Limited of full payment (in cleared funds), at which point title transfers to the Customer; or

(b) The Customer’s resale of the Goods, whereby title transfers at the time specified in clause 8.4.

8.3 Until title to the Goods has passed to the Customer, the Customer shall:

(a) The Customer shall store the Goods separately from other goods in its possession to ensure they remain clearly identifiable as property of EV Home Charger (South East) Limited.

(b) The Customer must not remove, deface, or obscure any identifying marks or packaging related to the Goods.

(c) The Customer shall maintain the Goods in satisfactory condition and insure them against all risks for their full value from the date of delivery.

(d) The Customer is required to notify EV Home Charger (South East) Limited immediately upon becoming subject to any events specified in clause 11.1.

(e) The Customer shall provide EV Home Charger (South East) Limited with such information concerning the Goods as may be requested from time to time.

8.4 Except as provided in clause 8.5, the Customer may resell or use the Goods in the ordinary course of business prior to payment being received by EV Home Charger (South East) Limited. If the Customer resells the Goods before making payment:

(a) Such resale will occur as principal; the Customer shall not act as agent for EV Home Charger (South East) Limited.

(b) Ownership of the Goods shall transfer from EV Home Charger (South East) Limited to the Customer immediately prior to the time of resale.

8.5 Should the Customer, prior to acquiring title to the Goods, become subject to any events outlined in clause 11.1, then, without prejudice to any other rights or remedies EV Home Charger (South East) Limited holds:

(a) The Customer’s right to resell or use the Goods in the ordinary course of business shall cease with immediate effect.

(b) EV Home Charger (South East) Limited may at any time:

(i) Require the Customer to return all Goods in its possession that have not been resold or irreversibly incorporated into another product.

(ii) Should the Customer fail to comply promptly, enter any premises owned by the Customer or any third party where the Goods are stored for the purposes of recovering them.

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Price and Payment

9.1 The price of the Goods shall correspond to the price stated in the Order or, if unspecified, the price listed in EV Home Charger (South East) Limited’s published price list effective on the date of delivery.

9.2 EV Home Charger (South East) Limited reserves the right, by notifying the Customer up to seven Business Days prior to delivery, to adjust the price of the Goods to reflect any increases in costs attributable to:

(a) Factors beyond EV Home Charger (South East) Limited’s control, including currency fluctuations, changes in taxes or duties, and rises in labour, materials, or other manufacturing expenses.

(b) Customer requests relating to adjustments in delivery dates, quantities, product types, or specifications.

9.3 The price of the Goods:

(a) Is inclusive of value added tax (VAT), which shall be payable by the Customer to EV Home Charger (South East) Limited at the prevailing rate upon ordering at the www.evhomechargeruk.co.uk shop and an invoice and receipt of payment will be emailed to the Customer.

(b) The price includes packaging, insurance, or transport costs, which will be separately invoiced to the Customer.

9.4 EV Home Charger (South East) Limited may issue an invoice for the Goods either upon or after completion of delivery.

9.5 Unless otherwise agreed between the parties, the Customer is required to pay for the Goods in full, using cleared funds, at the time the order is placed. Payments should be made by secure card payments or bank transfer. EV Home Charger (South East) Limited does not take American Express card payments.

9.6 Goods will not be delivered until EV Home Charger (South East) Limited has received full payment in cleared funds for order placed by the Customer.

9.7 All amounts under the Contract must be paid in full by the Customer, without set-off, counterclaim, deduction, or withholding except where mandated by law. EV Home Charger (South East) Limited retains the right, at any time and without limitation of other remedies, to set off any sum owed by the Customer against any amount payable by EV Home Charger (South East) Limited to the Customer.

9.8 The Customer understands that on a bespoke survey prior to installation there is a technical survey carried out to schedule the works. Furthermore, the customer understands if there is a variation in contract due to additional work to be carried out this must be paid in full before an installation date can be agreed.

Compliance with Laws and Policies

10.1 The Customer shall, at its own expense, ensure compliance with all applicable laws and regulations relevant to its activities under this Agreement, including any amendments made from time to time, as well as any obligations arising from licences, registrations, permits, and approvals.

10.2 The Customer must adhere to its mandatory policies, as updated periodically, which include but are not limited to anti-bribery and anti-corruption measures.

10.3 Each party shall comply with all applicable requirements under Data Protection Legislation.

10.4 End-of-Life Products: Where supplied as B2B EEE, the producer invokes Regulation 12.2, transferring all WEEE obligations to the B2B end user.

10.5 In the event of a breach of this clause 10 by the Customer, the Customer agrees to indemnify EV Home Charger (South East) Limited against all liabilities, costs, expenses, damages, and losses (including direct, indirect, or consequential losses, loss of profit, reputational loss, interest, penalties, and all reasonable legal and professional fees and expenses) incurred by EV Home Charger (South East) Limited in connection with any claim or loss suffered.

Termination

11.1 Without prejudice to any other rights or remedies, EV Home Charger (South East) Limited reserves the right to terminate this Contract with immediate effect by providing written notice to the Customer if:

(a) the Customer commits a material breach of any term of the Contract and, if such breach is capable of remedy, fails to remedy it within seven days following written notification.

(b) the Customer initiates steps or actions concerning administration, provisional liquidation, composition or arrangement with creditors (excluding solvent restructuring), winding up (voluntarily or by court order unless for solvent restructuring), appointment of a receiver over assets, or ceases to conduct business.

(c) the Customer suspends, threatens to suspend, ceases, or threatens to cease the operation of all or a significant portion of its business; or

(d) the financial position of the Customer deteriorates to a level that, in EV Home Charger (South East) Limited’s opinion, jeopardises the Customer’s ability to satisfactorily fulfil its contractual obligations.

11.2 Without limiting any other rights or remedies, EV Home Charger (South East) Limited may suspend the provision of Goods under this Contract or any other contract between the Customer and EV Home Charger (South East) Limited if the Customer becomes subject to any event described in clauses 11.1(a) to 11.1(d), if EV Home Charger (South East) Limited reasonably believes the Customer is likely to become so subject, or if the Customer fails to pay any amount due under this Contract on the due date.

11.3 Without limitation to other rights or remedies, EV Home Charger (South East) Limited is entitled to terminate this Contract with immediate effect by written notice if the Customer fails to settle any payment due under the Contract on the specified due date.

11.4 Upon termination of the Contract for any reason, the Customer shall immediately pay all outstanding balance and interest owed to EV Home Charger (South East) Limited.

11.5 Termination of the Contract will not affect the rights and remedies of either party accrued prior to the date of termination, including the right to seek damages for pre-existing breaches.

11.6 Any provisions of the Contract intended, either expressly or by implication, to remain in force after termination shall continue in full effect.

Limitation of Liability

12.1 Nothing within these Conditions shall operate to limit or exclude the liability of EV Home Charger (South East) Limited for:

(a) death or personal injury arising from its negligence, or that of its employees, agents, or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation.

(d) liability for defective products pursuant to the Consumer Protection Act 1987; or

(e) any matter for which it would be unlawful for EV Home Charger (South East) Limited to exclude or restrict liability.

12.2 Subject to clause 12.1:

(a) Under no circumstances shall EV Home Charger (South East) Limited be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential losses arising from or related to the Contract; and

(b) EV Home Charger (South East) Limited’s aggregate liability to the Customer for all other losses incurred under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price of the Goods supplied.

Force Majeure

Neither party shall be deemed in breach of this Contract, nor shall they bear liability for delays or failures in performance of any obligations under this Contract, if such delay or failure is a result of a Force Majeure Event. Should such delay or non-performance persist for four weeks, the unaffected party reserves the right to terminate this Contract upon seven days’ written notice to the affected party.

General

14.1 Assignment and Other Dealings

(a) EV Home Charger (South East) Limited retains the right, at any time, to assign, transfer, mortgage, charge, subcontract, or otherwise deal with all or any of its rights or obligations under the Contract.

(b) The Customer may not assign, transfer, mortgage, charge, declare a trust over, or otherwise deal with any or all its rights or obligations under the Contract without the prior written consent of EV Home Charger (South East) Limited.

14.2 Entire Agreement

(a) This Contract constitutes the complete agreement between the parties, superseding and extinguishing all previous agreements, assurances, warranties, representations, and understandings, whether written or oral, pertaining to its subject matter.

(b) Each party confirms that it has no remedies regarding any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not expressly included in this agreement. No claims for innocent or negligent misrepresentation may be made based on any statement within this agreement.

14.3 Variation

No amendment to this Contract will be effective unless made in writing and signed by both parties (or their authorised representatives).

14.4 Waiver

The failure or delay by either party to exercise any right or remedy under the Contract or by law does not constitute a waiver of such right or remedy, nor does it preclude further exercise thereof. Partial exercise of any right or remedy will not restrict subsequent exercise of that or any other right or remedy.

14.5 Severance

If any provision or part-provision of the Contract is found to be invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not feasible, the provision or part-provision shall be deemed deleted, without affecting the validity or enforceability of the remainder of the Contract.

14.6 Third Party Rights

Except as expressly provided, no person other than a party to this Contract shall have any right to enforce its terms.

14.7 Governing Law

This Contract, together with any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter, or its formation, shall be governed and construed in accordance with the laws of England and Wales.

14.8 Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising from or relating to this Contract, its subject matter, or formation.

14.9 Branding

All brand names, logos, and trademarks displayed on our website remain the property of their respective owners. The listing of any organisation or their logos is not intended to imply endorsement or direct affiliation with EV Home Charger (South East) Limited.