Terms and Conditions

1. Agreement

1.1 These terms and conditions, together with the Quotation, form the agreement between you and us. ‘You’ are the person who has signed up for the Installation of a Charger via our website or have been referred to us by a Partner. ‘We’ are ChargedEV (trading name of Charged Electric Vehicles Ltd). We are registered in England & Wales with company number 12702971. Our trading address is Silver House, Adelphi Way, Chesterfield, Derbyshire, S43 3LJ and our registered office is at Pinesgate, Lower Bristol Road, Bath, England, BA2 3DP.

1.2 Capitalised terms used in the agreement are defined in clause 15.

1.3 You agree that we may change the agreement at any time. You will be notified 30 days in advance by email or post before we make any material changes. However if changes are required to comply with law or to reflect changes to the Government grant funding, we may make them immediately.

1.4 We partner with several Manufacturers to provide you with your chosen Charger.

2. Chargers

2.1 If you accept our Quotation and comply with the agreement we will: a) supply and Install a Charger at your Property; and b) activate your Charger.

2.2 Each Charger has a different commissioning process that will require us to share information with third parties. This is detailed in our privacy policy and only relates to information essential to the completion of your Charger Installation. Please also see any privacy notice in the Charger manual, and the Government’s personal information charter which applies to data processing for grant funding purposes.

2.3 Once your Charger is active, you’ll be able to charge your electric vehicle. If you have a Smart Charger, you will be able to access and create an account for the Smart Charger app. You can access the Smart Features (which may vary depending on the Smart Charger) using the app. If you allow your car charging to be managed by the Smart Features, those features may, for example, shift charging to off-peak to minimise the charging costs. Please see clause 7.2 for information about the Manufacturer’s use of Charger data once the Charger is active.

3. Charger Eligibility

3.1 To be eligible for OZEV (Office for Zero Emission Vehicles) grant funding for the Installation of any Charger, you must comply with the Charger Eligibility Criteria at all times. Please note that the OZEV eligibility criteria are subject to change. As at the date these terms were last updated, the Charger Eligibility Criteria are as follows: a) you must comply with the agreement; b) you must own, lease, or be the primary named driver of an electric vehicle or plug-in hybrid electric vehicle. This includes salary sacrifice car schemes, designated use of a company car and most leasing arrangements. You will be required to provide proof of this; c) you must ensure the compatibility of your new electric vehicle with the Charger you choose; d) the Property where the Charger is to be Installed must be a residential property; e) you must own the Property where the Charger will be Installed or have the express written permission from the homeowner for an Installation (please note that, as at the date these terms were last updated, this eligibility criterion is expected to change); f) you must have obtained any necessary permissions from other third parties, including your insurance companies and mortgage provider(s). We won’t be responsible if we carry out work and you don’t have the necessary permissions. You’ll be responsible for any losses that you or we suffer as a result of you failing to get the right permissions; g) you must reside in mainland England, Wales, Scotland or Northern Ireland; h) there must be a garage or other suitable private off street parking within your Property, compliant to the conditions set by OZEV, allowing you to charge your vehicle safely without creating a trip or other health and safety risk to yourself or any other party, with modern household electrics that are up to date with current requirements for electrical installations, namely the latest edition of BS 7671 (IET Wiring Regulations); i) for Smart Charger Installations, you must have an electrical socket for us to plug the Smart Charger into. If you want to use the Smart Charger functionality, there must also be an internet connection. That can be a domestic broadband connection with a spare Ethernet port we can use, your home wi-fi if the Charger is within range or a wi-fi or 3G/4G/5G dongle. Both internet connection and power supply both need to be active and stable for use at all times for the Smart Charger to function as intended. Internet data usage will be minimal. We can supply a dongle at an additional cost. We’ll always inform you of this cost in advance. You have no obligation to continue with the Installation if you do not wish to pay the additional cost, or we can Install your Smart Charger without an internet connection. Please note that if your internet or local cellular network is unstable, that may impact the Smart Charger functionality, and if the internet connection is unavailable, that will impact the Smart Charter functionality; j) you will need to provide us with sufficient photographic information and evidence to satisfy us that you have a suitable place to Install the Charger in a private, off street parking space on your Property; k) where the OZEV EVHS grant funding has been claimed, you declare that you will not claim the VAT back on the Installation of the Charger from HMRC.

3.2 Whether or not OZEV EVHS grant funding is available or claimed by you, you must comply with the requirements in clause 3.1 except for paragraph k), since that won’t apply.

4. Installation

4.1 We (or our subcontractors) will contact you to arrange the Installation. You agree to allow our Installers to access your Property to carry out a Survey (if required) and the Installation.

4.2 If we aren’t able to confirm whether you have a suitable location to Install the Charger from photographs you have sent to us (see clause 3.1(j)), we may, at our discretion, decide there is a need to send an Installer to carry out a Survey.

4.3 There is a £75 cost associated with a Survey. We will do everything we reasonably can to avoid having to complete an onsite Survey by providing our onboarding app to you before we give you a Quotation. You aren’t under any obligation to proceed with the Survey – though without one we may not be able to Install a Charger.

4.4 Whether we carry out the Installation is subject to the findings of the Survey, whether desktop or site. At our discretion, we may cancel any Installation date we have given you and/or terminate the agreement based on the findings of the Survey. We’ll let you know if this is the case and we won’t be held liable to you in any way if we don’t carry out an Installation for these reasons. As for the cost of the Survey: a) If the Survey reveals that we cannot complete the Installation, we will refund the cost of the Survey. b) If we give you a revised Quotation which includes necessary works and you choose not to proceed, you will bear the cost of the Survey. c) If the Installation goes ahead, this cost is deducted from the total cost of the completed Installation.

4.5 The Installation Services shall be provided in accordance with the specification set out in the accepted Quotation (as may be amended by mutual agreement from time to time) and these terms.

4.6 You must have a suitable space at your Property for us to Install the Charger. We must be able to access the electricity meter or main fuse board to install power sensing and control hardware used to instruct the Charger.

4.7 If your Installation satisfies the following criteria, it will be considered a “Standard Installation”: a) the Install location is less than 15m from your incoming electricity supply (electric meter); b) there is a suitable dual pole isolator fitted at your electric meter or there is a suitable non-RCD protected spare way on a modern consumer unit (fusebox); c) the cables from the Charger can be surface mounted and clipped directly to a suitable surface, i.e. not over any non-permeable material or temporary structures; d) there are no ground works required; e) the Property has an earthing arrangement complying with current regulations; and f) the Charger will be fixed to the Property and able to utilise the Property’s earthing arrangement.

4.8 ‘Standard Installations’ usually take between 1 and 3 hours, although in some situations they can take longer than this.

4.9 Installations which aren’t ‘Standard Installations’ may take longer than 3 hours and you may have to pay a fee for the additional work and time to complete your Installation due to the characteristics of your home. We’ll provide you with a revised Quotation for the work in advance and you’ll be under no obligation to proceed.

4.10 If we aren’t able to complete an Installation in a single appointment, we’ll make an additional appointment to complete the work. Subject to any fees we’ve told you about, you won’t be charged additional fees for this additional appointment.

4.11 If you can’t make an appointment, please contact us at least 48 hours before its scheduled time. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.

4.12 We aren’t responsible for any losses you incur due to delays to your Installation, however caused. We won’t pay any compensation if we can’t complete an Installation during a scheduled appointment. Likewise, if we are unable to attend an appointment or Installation date and have to reschedule, no matter how short notice, we aren’t liable for any costs incurred.

4.13 Our Installers will take reasonable care to carry out the Installation without causing unnecessary damage. We’ll fix any unnecessary damage to your Property that is directly caused by our negligence.

4.14 We shall ensure that the Installation services are provided with reasonable care and skill and to a reasonable standard.

4.15 We shall ensure that our Installers comply with any and all relevant codes of practice.

4.16 We won’t start or continue the Installation if we believe there is a health and safety risk to our Installers, and we won’t return to complete the Installation until that risk is resolved.

4.17 Following completion of the Installation you have a period of 1 day within which to inspect the completed work and to notify us of any defects. The Installer will correct those defects at no additional cost to you.

4.18 If we are unable to complete the Installation for any reason that is outside of our control, you may still be liable for reasonable costs we incur.

4.19 We expect payment in full, or a £75 deposit, to be paid at booking stage, in advance of the Installation. If a deposit is paid when booking, the balance remaining is due 7 days in advance of the Installation date.

5. OZEV Grant

PLEASE READ THE IMPORTANT NOTICE AT THE TOP OF THESE TERMS AND CONDITIONS ABOUT THE END OF OZEV GRANT FUNDING.

5.1 To have your OZEV funded Charger Installed at the advertised price, you will need to ensure your Installation meets the criteria of a ‘Standard Installation’, as defined in clause 4.7. You must also comply with all current OZEV Electric Vehicle Homecharge Scheme (EVHS) requirements. The link is included below and we ask all customers to ensure that they have read and can comply with these requirements before proceeding: https://www.gov.uk/government/collections/government-grants-for-low-emission-vehicles#electric-vehicle-homecharge-scheme .

5.2 Should your Installation fall outside the above criteria, there will be additional charges for the extra work required. We only ever charge cost price for the additional work and will not cut corners during the Installation when it comes to your safety.

5.3 If your claim is rejected by OZEV for any reason and cannot be rectified, or the OZEV grant is clawed back or not available for any other reason, you must pay us the sum of £350 (being the amount equivalent to the OZEV EVHS grant) within 30 days of notification as directed by us. Reasons include, but are not limited to, your Installation date being after 31 March 2022.

6. Use the Charger

6.1 Once we have carried out the Installation and your account is paid in full, you will become the owner of the Charger. You are responsible for it being used in accordance with these terms and conditions, including, but not limited to: a) following the Manufacturer’s instructions and any other oral or written instructions we give you; b) not misusing, neglecting, tampering with or damaging the Charger (including by disassembling it); c) not attempting to, and not allowing any third party to carry out any repairs, replacement, modifications or alterations on the Charger in any way; d) ensuring the space surrounding the Charger is suitable and safe for use, as instructed by us or our Installers.

6.2 The units we stock are available as both an untethered and tethered unit. At sign up (when you use the onboarding app), we’ll ask you which connection type you require (either untethered, or a type 1 or type 2 tethered cable). You are responsible for selecting the correct connection type for your electric vehicle; we cannot be held responsible if you select and allow us to go on to source and Install the incorrect connection type for your current or any future vehicles.

6.3 In the event of any defects arising in the Charger, which are caused by faulty design, manufacture or Installation, we’ll use reasonable efforts to rectify those, either through repair or replacement at our discretion, provided you have complied with your obligations under these terms and conditions and the defect is not caused by circumstances outside of our reasonable control. This does not affect any mandatory rights or remedies you have under consumer law.

6.4 If you have any problems with the Charger you should alert us as soon as possible at support@chargedev.co.uk quoting the serial number, the date of Installation and a brief description of the fault and our support team will get in touch with you to diagnose the problem and arrange a support visit if necessary.

7. Software and Data

7.1 The Charger Manufacturers own and will continue to own the associated software, firmware and all intellectual property rights associated with the software and firmware.

7.2 As we mentioned in clause 2.2 above, we will share the details you provided at sign up with the relevant Manufacturer to complete installation of your Charger. Depending on the Charger you have chosen, the Manufacturer will contact you to invite you to use their platform or app to manage your charging, and you will need to agree to their terms and conditions and to review their privacy notices applicable to that use. Please note that, in general terms, Chargers will automatically share data that is essential to their operation with the Manufacturers. The software controls the Charger by sending and receiving instructions about when to charge your vehicle battery. It receives information such as when you plug in and unplug your vehicle, details of your chosen charging schedule and how long your car takes to charge.

7.4 From time to time, the Charger Manufacturer may update the software and/or firmware running on your Charger. These updates may be to ensure your Charger functions correctly; fix any issues that may arise; improve the way your Charger works; add/remove data points that are reported by the device; add/remove further functionality; or for other reasons. Please see the Manufacturer’s terms and conditions for further detail.

8. Your Warranty

8.1 Your Charger is covered by a three-year Manufacturer’s warranty. See the user manual provided with your Charger for further details. Please contact support@chargedev.co.uk to make a warranty claim.

9. Removal or re-positioning of your Charger

9.1 If you would like the Charger removed or re-positioned, please contact support@chargedev.co.uk and we may be able to provide you with a quotation for the removal work, which will be subject to these terms. Please note that removal or re-positioning can cause brick and/or plaster damage. We will take reasonable steps to minimise the damage but unfortunately we cannot guarantee that no brick or plaster damage will be visible following our removal or re-positioning work.

10. Moving out of your Property

10.1 If you are moving out of your Property, please contact us if you’d like to take your Charger with you. We may be able to provide you with a quotation for removing your Charger and reinstalling at your new property. Please note that a third party removal or move of a Charger will invalidate any existing warranty.

11. Agreement termination

11.1 We may terminate the agreement with immediate effect if you breach any of your obligations under the agreement.

11.2 Your rights to cancel the agreement and the optional cancellation form are set out in clause 16.

12. Our Liability

12.1 We won’t be responsible for: a) any failure of the Charger to function correctly, including the Smart Features for a Smart Charger; b) any costs, loss or damage you suffer as a result of events outside our reasonable control. Matters outside our reasonable control include: severe weather conditions; epidemics; civil disorder; terrorist activity; hacking, tampering or other unauthorised access or use of the Charger or its software/firmware; war; acts or omissions of electricity network operators, and government action; c) any costs, loss or damage you suffer as a result of not using the Charger in line with our instructions and the agreement; d) any loss or damage to your property (including your Property and electric vehicle) as a result of the Installation or use of the Charger and its associated software and app; e) any costs, loss or damage you suffer as a result of your broadband internet connection being insufficient in quality, capacity or speed to support the Smart Charger offer and/or your use of the Smart Charger results in you exceeding the permitted data limit on your broadband; or f) for any loss or damage you suffer caused by us, our Installer or agents to the extent such loss or damage results from any breach by you of the agreement.

12.2 We aren’t liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for any; a) loss or damage that we couldn’t reasonably have expected would result from breach of the agreement at the time you entered into it; b) any loss of business or profit; c) any indirect or consequential losses which you or anyone else suffers.

12.3 Nothing in the agreement will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.

12.4 Our maximum aggregate liability (including for negligence and breach of statutory duty) is limited to £10,000 for each unconnected event that we’re directly responsible for, or £10,000 in total for any connected series of events that we are directly responsible for, and which has caused you loss or damage.

13. Complaints procedure

13.1 You can submit a complaint in writing or over the phone by writing to us at ChargedEV, Silver House, Adelphi Way, Chesterfield, Derbyshire, S43 3LJ.

13.2 We’ll aim to respond to your complaint within three working days of receipt. We aim where possible, to resolve your complaint in full, within 30 days. Any offers, goodwill or services offered to the customer during complaint resolutions will be honoured by all parties within 30 days of offer.

14. Other conditions

14.1 We can transfer any of our rights or obligations under the agreement without your permission. However, you must not transfer your rights or obligations under the agreement to anyone without our permission, but you can transfer ownership of the Charger and its warranty to someone else without our permission; you (and the other person) will need make a request the Manufacturer to commission the Charger app to another person (that is to another email address). There may be data or other charges for the other person after the transfer and/or after the warranty expires; you and they must check with the Manufacturer to clarify the position.

14.2 If we need to give you a notice for any reason in connection with the agreement, we may deliver it by hand or use the postal address and/or email address you have given us most recently.

14.3 If we post a notice to you, it will be assumed to have been delivered two working days after it was posted.

14.4 If we deliver a notice to you by hand or by email, it will be assumed to have been delivered immediately when it was delivered or sent to the most recent address we have for you (as applicable).

14.5 If you are a business customer, the agreement, and any documents explicitly referred to in it, is the entire agreement between you and us in relation to the Charger.

14.6 Nothing in the agreement affects our legal rights or powers. Nothing in the agreement affects any of your statutory rights that can’t be excluded by law.

14.7 If any part of the agreement is void or unenforceable, the rest of the agreement will be unaffected.

14.8 The agreement is governed by the laws of England and Wales if your Property is in England or Wales, of Scotland if your Property is in Scotland and of Northern Ireland if your Property is in Northern Ireland. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your Property is in England or Wales, by the courts of Scotland if your Property is in Scotland, and by the courts of Northern Ireland if your Property is in Northern Ireland.

15. Definitions

15.1 In the agreement the following terms will have the following meanings:

“Charger” means an electric vehicle charge point (including any ancillary equipment), which may or may not be a Smart Charger (but most Chargers are Smart Chargers);

“Charger Eligibility Criteria” means our eligibility criteria and the OZEV eligibility criteria which OZEV may change from time to time and which are available on the OZEV website; a list of the eligibility criteria which are correct as at the date these terms were last updated are set out in clause 3.1;

“Installer” means one of our (or a subcontractor’s) electricians who is qualified to carry out the Survey and Installation of the Charger. Our Installers will carry an identity card;

“Installation” means the installation of the Charger as set out in clauses 4.1-4.14 and “Install” and “Installed” have corresponding meanings; “Manufacturer” means the manufacturer of the Charger and/or its licensors;

“Property” means the property or premises at which the Charger will be Installed;

“Quotation” means our quotation to supply the Charger and Installation services to you;

“Smart Charger” means the 7kW electric vehicle home charge point (including any ancillary equipment) which is capable of connecting to the internet;

“Smart Features” means the internet connected features of the Smart Charger and the associated app, which depend on your Smart Charger but may include: a) the ability to state when you want your car ready by, so the Smart Charger can work out when to start charging it to optimise your energy use for your chosen optimisation parameters; b) access to live and historical charging data and insights; and c) the ability to pause charging in response to an instruction from National Grid or a network operator to maintain stability of the electricity network;

“Standard Installation” has the meaning given to it in clause 4.7;

“Survey” means the evaluation of suitability of your Property for Installation of the Charger by one of our Installers through a visit to your Property; and

“Working Day” means any day other than a Saturday, a Sunday or a bank holiday in England, Scotland or Wales. All other references to a day refer to a calendar day.

16. Cancellation rights

16.1 You have the right to cancel the agreement within 14 days without giving any reason.

16.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Charger. To exercise the right to cancel, you must inform us Charged Electric Vehicles Ltd t/a ChargedEV of Silver House, Adelphi Way, Chesterfield, Derbyshire, S43 3LJ, telephone 03300 431 851, email address homecharge@chargedev.co.uk of your decision to cancel the agreement by a clear statement (e.g. a letter sent by post or email). You may use the model cancellation form below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel the agreement, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Charger supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than: a) 14 days after the day we receive back from you any Charger supplied (or the day we collect the Charger), or b) (if earlier) 14 days after the day you provide evidence that you have returned the Charger ***.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

We may withhold the reimbursement until we have received the Charger back or you have supplied evidence of having sent back the Charger ***, whichever is the earliest.

You will have to bear the direct costs of returning the Charger, or of us collecting the Charger.

You are only liable for any diminished value of the Charger resulting from the handling of the Charger which is more than is necessary for you to establish the nature, characteristics and functioning of the Charger.

*** IMPORTANT

The Charger must be disconnected by a qualified electrician, competent to remove it. IF YOU ARE NOT QUALIFIED AND COMPETENT, YOU MUST NOT ATTEMPT THIS YOURSELF. We therefore strongly recommend that we collect the Charger rather than that you return it to us.

Collection. We will collect the Charger. We will charge you the direct cost to us of collection.

Return. If you want to arrange the return of the Charger yourself, please contact us to discuss arrangements. If we both agree that you can return the Charger, you shall send back the Charger or hand it over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us. The deadline is met if you send back the Charger before the period of 14 days has expired.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the agreement) To Charged Electric Vehicles Ltd t/a ChargedEV, of Silver House, Adelphi Way, Chesterfield, Derbyshire, S43 3LJ, telephone 03300 431 851, email address homecharge@chargedev.co.uk: I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods []/for the supply of the following service [], Ordered on []/received on [], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [] Delete as appropriate