INTRODUCTION

(A)    Supply & Installation offered to the purchaser by EV & Me Pty Ltd (ABN 51669518941) of 84 Ridgway, Mirboo North, Victoria, 3871

(B)    by purchasing via the website (evandme.com.au or accepting a quotation, the purchaser is accepting these terms & conditions

(C)    the purchaser is 18 years of age or older and has the right (through ownership or landlord approval) to install an EV charger at the subject premises

(D)    the purchaser has any necessary permits (planning or otherwise) to install a charger based on the specifics of their site

(E)    EV & Me Pty Ltd is willing to provide the supply and/or install of EV chargers (the Services) and the purchaser is willing to appoint EV & Me Pty Ltd to provide the Services, all in accordance with these conditions.

1.    Services

(a)    EV & Me Pty Ltd will provide the Services to the purchaser in consideration for the purchaser paying the Fee to EV & Me Pty Ltd, subject to the these terms and conditions.

(b)    EV & Me Pty Ltd and the purchaser will agree on the time for the performance of the Services.

(c)    EV & Me Pty Ltd will use reasonable endeavours to complete the Services

(d)    The Services will be performed by the employees, agents or subcontractors that EV & Me Pty Ltd may choose as most appropriate to carry out the Services

2.    Location

EV & Me Pty Ltd will provide the Services in places and locations as set out in the quotation or as specified by the purchaser when purchasing via the website.

3.    Fee(s)

3.1.   Payment of Fees

(a)    The purchaser will pay EV & Me Pty Ltd the Fee set out on the website or in the quotation provided.

(b)    Where EV & Me Pty Ltd’s charges are based on an hourly rate, any time spent which is less than an hour is charged on a pro-rated basis.
 

(c)    the purchaser acknowledges that the Fees are exclusive of any GST that may be charged by EV & Me Pty Ltd to the purchaser, and therefore, EV & Me Pty Ltd will be entitled to add on GST, unless the quotation specifically states that costs include GST

3.2.   Invoicing

(a)    EV & Me Pty Ltd will provide the purchaser with a tax invoice in accordance with the GST Law in relation to Fees payable

(b)    Payment will be made by the purchaser to EV & Me Pty Ltd within 5 days after receiving EV & Me Pty Ltd’s invoice, noting that 50% of the fee will be invoiced at acceptance of the quotation, and the remaining 50% on completion of the work

(c)    When making a payment, the purchaser must quote relevant reference numbers and the invoice number.

3.3.    Variation of Fees

EV & Me Pty Ltd notes that in some instances install costs may vary from what is quoted due to unforeseen circumstances, or where a standard install has been purchased and the install does not fall within the parameters of the standard fee. In these circumstances, the individual carrying out the install will refer the matter to the purchaser for further discussion.

3.4.    Failure to pay

If the purchaser does not make a payment by the date stated in an invoice or as otherwise provided for in the agreement, EV & Me Pty Ltd is entitled to do any or all of the following:

(a)    where the work has been completed, charge interest on the outstanding amount at the rate of 10% per year above the base lending rate of CBA, accruing daily;

(b)    require the purchaser to pay, in advance, for any Services (or any part of the Services) which have not yet been performed

(c)    not perform any further Services (or any part of the Services); and

(d)    remove installed chargers from the site

3.5.   Disputed invoices

If the purchaser disputes the whole or any portion of the amount claimed in an invoice submitted by EV & Me Pty Ltd, the purchaser must:

(a)    pay the portion of the amount stated in the invoice which is not in dispute in accordance with the terms of payment set out in this agreement; and

(b)    notify EV & Me Pty Ltd in writing (within 5 days of receipt of the invoice) of
 
the reasons for disputing the remainder of the invoice.


4.    Use of subcontractors

(a)    EV & Me Pty Ltd is permitted to use other persons to provide some or all of the Services.

(b)    EV & Me Pty Ltd is responsible for the work of any of EV & Me Pty Ltd’s subcontractors.

5.    Warranties, liability and indemnities

5.1.   Warranties

(a)    EV & Me Pty Ltd warrants that it will use reasonable care and skill in performing the Services and to the standard generally accepted within the industry, sector or profession in which EV & Me Pty Ltd operates for the type of Services provided by EV & Me Pty Ltd.

5.2.    Insurances

EV & Me Pty Ltd must take out the following insurance:

(a)    worker’s compensation insurance as prescribed by law for EV & Me Pty Ltd’s Personnel; and

(b)    public liability insurance for a minimum of an amount to be agreed for each occurrence.

5.3.   Employees and subcontractors

(a)    EV & Me Pty Ltd covenants that EV & Me Pty Ltd is solely responsible for payment to EV & Me Pty Ltd’s employees and agents of all amounts due by way of salary, superannuation, annual leave, long service leave and any other benefits to which they are entitled as EV & Me Pty Ltd’s employees or agents.

(b)    EV & Me Pty Ltd must otherwise comply with legislation applicable to EV & Me Pty Ltd’s employees and agents.

5.4.    Compliance with all laws

Throughout this agreement EV & Me Pty Ltd must comply at EV & Me Pty Ltd’s own cost and expense with all acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, state and local government departments, bodies, and public authorities or other authority. This requirement applies to EV & Me Pty Ltd or to the Services. The EV & Me Pty Ltd must indemnify the purchaser from and against all actions, costs, charges, claims and demands in respect of such action, cost, charge, claim and demand.

5.5.    No warranties in relation to completion

EV & Me Pty Ltd provides no warranty that any result or objective can or will be achieved or attained at all or by a given completion date any other date, whether stated in this agreement, the Specification or elsewhere.

5.6.   Limitation on liability

(a)    The provisions of this clause do not apply to clause 5.4

(b)    Except in the case of death or personal injury caused by EV & Me Pty Ltd’s negligence, the liability of EV & Me Pty Ltd under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by the purchaser to EV & Me Pty Ltd under this agreement.

(c)    Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill. For the purposes of this subclause, “consequential loss or damage” means any Loss that does not arise naturally and according to the usual course of things as a result of a breach of this agreement or other event giving rise to such Loss, whether or not such Loss may reasonably be supposed to have been in the contemplation of the Parties at the time they made this agreement.

(d)    EV & Me Pty Ltd's liability for failure to comply with a Consumer Guarantee is limited to:

(i)    in the case of goods supplied to the purchaser, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to the the purchaser of the replacement or supply), or the repair of the goods (or the payment of the cost to the the purchaser of the repair); and

(ii)    in the case of services supplied to the purchaser, the supply of the services again or the payment of the cost to the the purchaser of having the services suppled again.

6.    Force Majeure

(a)    Neither Party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from a Force Majeure Event.

(b)    The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure and when they cease to do so.

(c)    If such circumstances continue for a continuous period of more than 2 months, either Party may cancel this service by written notice to the other Party.