These terms and conditions ("Terms") apply to the use of the electric vehicle charging services ("Services") provided by Wevolt and the Software developed by Wevolt, hereafter referred to as the ‘Charging Station Management System’(CSMS). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. The purpose of these Terms and Conditions, are to set forth:
- A uniform guideline for both vendors and customers
- all customers can access our services equitably;
- our services are not used in an unreasonable or unacceptable manner
The Services provided by the Company include the use of electric vehicle charging stations ("Stations") located at various locations throughout the service area. The Services are intended for use by electric vehicle owners and operators ("Customers").
1.0 DEFINITIONS
1.1 “Customer” shall mean the “Customer” listed in the Contract of Sale
1.2 “Works” shall mean the works specified in the Contract of Sale.
1.3 “Price” shall mean the total price including GST as listed in the Contract of Sale
1.4 CSMS : Charging Station Management System
Station Access: Customers may access the Stations by using a valid account with the Company, which can be created on the Company's website or mobile application. Customers are responsible for ensuring that their account information is accurate and up-to-date.
2. CUSTOMER WARRANTY PROVISIONS
2.1 The warranty term shall start from the date of installation completion as shown on the Proposal document.
2.2 Wevolt warrants its installation services related to the system to be free from defects under normal application, use, and service conditions for the period as mentioned in the attached Proposal.
2.3 If the Hardware and Software malfunctions or becomes inoperable due to defective or improper installation during the period of this warranty, Wevolt will provide the service to determine the cause of the defect and resolve the defect through replacement of the components including labor costs.
3. TERMS OF WARRANTY
3.1 This document is subject to our Standard Terms and Conditions as attached with the Contract of Sale and Proposal.
3.2 This installation services warranty shall be applicable for its full term provided the Hardware is not moved, re installed, or relocated from its originally installed location by any party other than Wevolt.
3.3 This warranty will not be applicable if in Wevolt’s sole determination, the defect or failure of the Hardware and Software is the result of misuse, neglect, accident, abuse, alteration, or failure to follow Wevolt’s operation or maintenance instructions.
3.4 This warranty will not cover damage due to acts of God, grid power surge, lightning, fire, flood, severe weather, hailstorms, and other events reasonably beyond Wevolt’s control.
3.5 Wevolt will not be liable for the loss of any feed it tariffs or incentives such as STC’s.
3.6 Claim under this warranty will be considered if submitted within 14 days following the discovery of any defect covered by this warranty.
3.7 These terms and conditions do not preclude any consumer guarantee’s which are required under Australian Consumer Law.
4. SERVICE GUARANTEE
4.1 Wevolt will attend to warranty claims within 3 days and repair them within 14 days for Hardware
4.2 Wevolt will attend to warranty claims within 48 hours and repair them in a time frame frame agreed by both the parties for the CSMS.
5. PRODUCTION GUARANTEE
5.1 Wevolt further guarantees that the production of Hardware purchased through Wevolt, will match or exceed their Performance Estimates within ten percent for Hardware.
5.3 At no point will Wevolt’s liability exceed that of the system price.
5.4 Production and performance guarantee only applies from when contact is received from the customer.
6. TERMS OF THE CONTRACT
6.1 The quotation can be accepted within 14 days from the date of quotation
6.2 Wevolt may quote the Customer an additional price where there has been a variation to the Works, or to rectify any damage to the Works which has been caused by the Customer, or by any third party not engaged by Wevolt.
6.3 Wevolt agrees to install the Works within the time frame given in the Proposal after receiving a deposit. If the works are not installed by this date, the customer may cancel the Contract of Sale and receive a deposit refund. This clause does not preclude the customer from paying for works already carried out.
6.4 The Customer has the right to cancel this contract from the date it is signed up until 48 hours before Works commence. If the contract is cancelled after this period the deposit will be forfeit.
6.5 After signing the contract, any variations to the design or modeling must be approved by the customer prior to the installation. If this does not occur the customer is eligible for a full refund of their deposit.
6.6 The Customer may not cancel after the Hardware has reached the site. No amount will be refunded on such a cancellation.
7. SURVIVAL
7.1 If any part of this contract is held to be invalid by any competent authority the other provisions shall not be affected.
8. GOVERNING LAW
8.1 The contract shall be conducted and governed according to the laws of Western Australia, Australia. Furthermore, any legal proceedings shall take place in Perth.
9. TERMINATION
9.1 We reserve the right to terminate this contract should the Customer become insolvent or should we decide that the Customer does not have the ability to meet the payment conditions. This includes the case of late progress payments.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property rights, including but not limited to patents, trademarks, copyrights, and trade secrets, in and to the Wevolt electric vehicle charging network hardware (the "Hardware") and the CSMS (the “Software”) and any modifications or derivatives thereof shall be owned solely by Wevolt.
10.1 The customer shall have a non-exclusive, non-transferable license to use the Hardware and Software solely for the purpose of accessing and utilizing Wevolt’s charging network. The customer shall not copy, modify, distribute, sell, or transfer the Hardware or any portion thereof without the express written consent of Wevolt.
11. BREACH OF CONTRACT
11.1 In the event of any breach of this contract by Wevolt, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.
11.2 Wevolt shall not be liable or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of the specified Works if the delay or failure was due to any cause beyond Wevolt’s control. Including but not limited to an act of god, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute. Also, no consequential damages will be paid as a result of the aforementioned.
12. CUSTOMER OBLIGATIONS
12.1 Before the Works commence the Customer shall at the Customer’s expense obtain any necessary consents including building regulation and planning consents; consents from the neighbors and mortgagees; consents from the local and other authorities which are necessary to enable Wevolt to carry out the Works. This does not include any electrical or supply authority approvals, which will be obtained by Wevolt on the Customer’s behalf.
12.2 The Customer shall allow the Works to take place during normal working hours (Monday-Friday 6AM-6PM). Wevolt may in its discretion agree to work outside of these hours, provided that the parties can agree on an additional price to reflect the extra costs that will be incurred.
12.3 Unless otherwise agreed in writing, if asbestos or any other hazardous material is discovered by Wevolt at the property while carrying out the Works, Wevolt shall be entitled without liability to suspend the Works until the hazardous material is made safe or removed. The Customer shall at their own expense ensure that the hazardous material is removed safely.
12.4 Where the Customer is to supply Wevolt with any design specifications (including, but not limited to CAD drawings) the Customer shall be responsible for providing accurate data. Wevolt shall not be liable for any errors in the Works that are caused by incorrect or inaccurate data being supplied by the Customer.
12.5 You must notify us of any computer system or other electronic or similar system, that may be affected by our Works and take the necessary precautions to protect it. Wevolt will take every reasonable means to identify such systems, but will not be liable for damage to them should they not be identified and or isolated.
13. INCIDENTAL DAMAGE
13.1 If Wevolt has to move or remove fixtures, furniture and or fittings at the property including carpets, floor coverings and bath panels to enable it to carry out the Works and such fixtures, furniture and or fittings are difficult to move or remove without causing damage to the property, Wevolt shall first notify the Customer of this fact. If the Customer then instructs Wevolt to remove such fixtures, furniture and or fittings, Wevolt shall have no liability for any loss or damage caused by their removal.
14. MAINTENANCE AND OTHER COSTS
14.1 Wevolt is not responsible for plastering, painting or making good other parts of the property, which may be used as a cable pathway during the course of the installation. Wevolt will make every effort to conceal such pathways using blanking plates and other materials.
14.2 If the Works overload the Customer’s existing mains, the Customer shall be liable for the cost of upgrade and or repair.
14.3 Wevolt will provide service and maintenance on the installation from the date of completion within 3 days. Service calls not otherwise covered by the Warranty will be chargeable.
14.4 Wevolt will not be liable for issues caused by network problems such as flicker, voltage rise, or poor harmonics, and or surges.
14.5 Wevolt is not liable for any customers who may lose or not be eligible for any feed in tariffs, and or government incentives such as STC’s.
15.0 PRICING AND PAYMENT
15.1 The Customer shall pay Wevolt the Price, as per the payment provisions set out in the Contract of Sale, or within 14 days of receiving invoice.
15.2 Wevolt reserves the right to charge interest on outstanding payments at the rate of 10% compounding daily starting 30 days from the date of invoice should payment terms not be met.
15.3 Property and ownership of the Works shall not pass to the Customer until Wevolt has received in cleared funds full payment of the Price. Until such payment is received the Works remain the property of Wevolt.
