Business to Business T’s&C’s
Terms and Conditions – Supply and Installation of EV Charger
These are our terms and conditions relating to the supply and installation of an electrical vehicle charging point (including any ancillary equipment) (EV Charger).
1. Survey & Assessments
Surveys. We offer multiple survey options and may make recommendations on which survey option is the most suitable for you. Our survey options include a self-assessment onboarding form, a virtual survey and an onsite survey. If we aren’t able to confirm the requirements for your installation or create a quote based on the information you have provided, we may, at our discretion, decide there is a need to send one of our installers to carry out an onsite survey.
Cost of a survey. As for the cost of the survey:
There is a cost associated with a survey. While we will do everything we reasonably can to avoid having to complete an onsite survey, in some cases this may be unavoidable. AmpEV currently do not charge for on-site surveys, this cost would be recovered in the project management time of the project costs.
2. Quotations.
Validated quotation and forming a contract. We will then issue you with a finalised quotation which is valid for 30 days from the date it is sent to you and the quotation is provided on the basis that work must begin within 3 months of acceptance. After this we may not be able to honour the quote, and we might need to issue another one. All prices include VAT at the current rate.
Accepting a quote. Following your acceptance of the finalised quotation by placing an order, you will receive an email from us acknowledging receipt and confirming acceptance of your order (Order), at which point a contract between you and us will come into existence. The contract is conditional upon:
- all relevant surveys, investigations, planning and building regulations and other related matters being concluded by us or our installers;
- otherwise, you making payment to us in accordance with section 9 below.
Changes to an Order. If you request changes to an Order, we will accommodate those changes where we are able to do so, however this will result in additional charges being payable. We will notify you of this in advance, and provided that you are happy with the additional charges, we will issue you with an updated Order.
Additional charges on the day of installation. On the day of installation, occasionally, we may find that other electrical services are required to fulfil your EV Charger installation, such as earth bonding or similar services. In these circumstances, your installer will advise you of this requirement before carrying out any additional works. If you accept and the installer can complete the works within the allocated time of your appointment, you will be asked to sign to confirm your acceptance to the provision of additional services and you will receive a separate invoice for these via email. If you do not accept, your installation may be aborted or paused and where possible rearranged.
Fulfilling an Order. Following acceptance of an Order, we will supply and install an EV Charger at your property and commission your EV Charger in accordance with these terms and conditions. Each EV Charger has a different commissioning process that will require us to share information with third parties. This is detailed in our security and privacy policy which can be obtained on our website. This only relates to information essential to the completion of your EV Charger installation and operation. Please also see our terms and conditions for App & Website and the Government’s personal information charter which applies to data processing for grant funding purposes.
If we cannot fulfil your Order. In certain circumstances, we will be unable to fulfil your Order prior to any product being supplied or works being carried out. This might be because of issues like: unexpected limits on our resources which we could not reasonably plan for, or because you do not provide us with the information we require within the timescales we requested, or because we are unable to perform the installation services on the date you have specified or because it would be unsafe for us to perform the installation of the EV Charger at your property. If this is the case, we will inform you of this in writing and will not charge you for the purchase of the EV Charger or the installation services.
3. Terms relating to the EV Charger
Your EV Charger. A description of the EV Charger and any relevant manufacturer warranty details can be found within the user manual provided with your EV Charger.
Ordering the wrong EV Charger. If you have selected the wrong type of EV Charger as part of your Order and make us aware of this before your EV Charger has been installed then we will endeavour to install your desired EV Charger when we attend your property, however this may result in us needing to reschedule your installation date. If you fail to inform us that you have selected the wrong type of EV Charger and we subsequently install the incorrect EV Charger, we cannot be held responsible and you will have to pay an abort fee.
Delivery. Our installers usually bring the EV Charger with them on the day of installation however, on some occasions, we may deliver the EV Charger to you before installation, but we will let you know if that is going to be the case and we will advise you of how to store the EV Charger prior to installation.
Ownership of the EV Charger. Once we have carried out the installation and your account is paid in full, you will become the owner of the EV Charger. Prior to full payment of the EV Charger being made to us in cleared funds, we retain legal ownership of the EV Charger and reserve the right to access your property to recover the EV Charger should you fail to pay any sums due under this agreement. Where we need to access your property to recover the EV Charger, you agree to co-operate with our reasonable requests to enable us to remove the EV Charger.
Use of the EV Charger. You are responsible for using the EV Charger in accordance with these terms and conditions, including, but not limited to:
- following the manufacturer’s written instructions;
- following any oral or written instructions we give you;
- not misusing, neglecting, tampering with or damaging the EV Charger (including by disassembling it);
- not attempting to, and not allowing any third party to carry out any repairs, replacement, modifications or alterations to the EV Charger in any way; and
- ensuring the space surrounding the EV Charger is suitable and safe for use, as instructed by us or our installers.
Removal or re-positioning your EV Charger. If you would like your EV Charger removing or re-positioning, you should give us a minimum of 45 days’ written notice by contacting: enquiries@ampev.co.uk . We will provide you with a quotation for the removal and/or re-positioning work, which will be subject to these terms. Removal or re-positioning of an EV Charger can cause damage to wall coverings, paint and solid wall insulation (for example if we need to do some wiring to reposition or remove the EV Charger). If you need to do any redecoration then, unless we have been negligent with our work, this will be your responsibility and is not included in the price we quote.
Please note that if you engage a third party to remove or reposition the EV Charger, whether that is due to our availability or lead times or otherwise, this will invalidate any existing workmanship warranty and it may invalidate your manufacturer warranty.
4. Installation
Access to your property. We will contact you to arrange the installation. You agree to provide us and our installers with safe, free and unobstructed access to the relevant parts of your property necessary to carry out the installation. If access is required to land or buildings owned by a third party, you shall make arrangements with the third party to provide us and our installers with safe, free and unobstructed access to the relevant parts of the land or buildings owned by a third party.
Commencing installation. We will start the installation works on the time and date agreed with you in the Order or otherwise in writing. Unless we agree otherwise, installations must take place during our normal working hours of 8am – 5pm, Monday to Friday.
Installation Services. Services shall be provided in accordance with the specification set out in the Order (as may be amended by mutual agreement in writing from time to time) and these terms. We shall ensure that the installation services are provided with reasonable care and skill and to a reasonable standard and that our installers comply with BS 7671 (latest edition) and IET Code of Practice for Electric Vehicle Charging Equipment Installation (latest edition).
Regulatory Installation Requirements. Safety and compliance is our priority. So we can only carry out installations when:
- a safe point of isolation (in the form of a dual pole isolator) is in place;
- earth bonding to water and heat supply services complies with current regulations; and
- the Property has a main earthing arrangement complying with current regulation.
Sometimes AmpEV can carry out this work for you and we will always advise whether this applies to you. We’ll quote you for this work if we offer this service. If AmpEV is unable to complete this work for you, we’ll advise you on the appropriate provider (for example, your Distribution Network Operator) or recommend where you can find a reputable provider.
Electrical capacity. We can only complete the installation if the electrical capacity (i.e. main fuse) can support the additional electrical demands of the EV Charger. If the capacity is not sufficient, we might be able to de-rate the EV Charger or most likely, we may have to pause the installation until your main fuse is upgraded by your Distribution Network Operator (DNO). We’ll complete the application for this upgrade on your behalf, and thereafter you will be required to liaise with the DNO to arrange any required works. Any costs associated with DNO works are payable to the DNO directly and you agree to bare any such costs.
Location. You must have a suitable space at your property for us to Install the EV 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 EV Charger. The area where the EV Charger is to be installed must be cleared by you and made ready for the installation on the agreed date of the installation. Where you fail to clear the area and it is necessary for us to do this, you shall pay our reasonable charges for this additional work. If works are required to land or buildings owned by a third party, you shall make arrangements with the third party to provide us with the permission of the third party to us undertaking works to the relevant parts of the land or buildings owned by a third party. We shall provide you with a Third Party Permission form for the third party to sign. We shall not be responsible for any disputes regarding the placement of the EV Charger and any EV supply cable on land or buildings owned by a third party.
Isolating your electrical supply on the day of installation
You agree to us isolating the electricity supply to your property to undertake the works. Before we isolate your electrical supply, you are responsible for:
- giving reasonable advance written notice of our intention to isolate your supply to any tenants or other third-party occupiers of the property. If requested by us, you agree to share a copy of such written notice with us;
- if works are required to land or buildings owned by a third party, giving reasonable advance written notice to the third party owner of our intention to undertake works to that land or buildings and ensuring that you have the necessary consents for us to undertake the works; and
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telling us about any vulnerable people living at the property who might be affected by us isolating your supply, for example anyone with a medical condition that requires an uninterrupted electricity supply. You confirm that you will inform such occupants that their information will be shared with us as necessary. You must give any vulnerable occupants sufficient advance notice of our intention to isolate your supply to allow them to arrange additional support if needed. You also agree to provide adequate support to any vulnerable occupants while we carry out such works.
Issues at your property. To ensure a smooth installation process, you need to inform us in advance of any potential issues that may prevent us from completing the installation on the scheduled day, such as access problems affecting the property or any land or buildings owned by a third party. If the electrical arrangements or something else at the property means it’s unsafe to install the EV Charger, we won’t complete the installation until you resolve the issue (this may include things such as the existence of hazardous chemicals, pest infestations, verbal or physical abuse or harassment of our installers).
Postponing installations. If you are unavailable for an appointment, please contact us as soon as possible, but in any event, at least 72 hours before the scheduled appointment time. If you fail to keep an appointment on two or more occasions, we may charge an additional fee. This includes any postponement of an installation where you are not in attendance upon our arrival at the property at the time of the appointment.
Delays in installation. If the installation of EV Charger is delayed by an event outside our reasonable control (for example, severe weather, epidemic or pandemic, accidents or unpredictable traffic delays) then we will contact you as soon as possible to let you know and take steps to minimise the effect of the delay. Provided we do this, we will not be responsible for any losses you suffer for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for anything you have paid for but have not received.
Subcontractors. We may enlist the services of third party subcontractors such as electrical contractors or individuals associated with your energy supplier to provide isolation switch and/or EV Charger installations on our behalf. All subcontractors that we work with are subject to our strict background checks and are approved prior to the commencement of any work. We will share information such as your name, address and contact details with the subcontractor solely to the extent necessary in order for them to complete the installation services and at all times in accordance with applicable laws relating to the processing of personal data.
5. Payment
Payment terms. We expect payment either:
- 50% deposit for install packages, such deposit to be paid at booking stage, in advance of the installation,
- in our absolute discretion, we may accept the terms and conditions requested by the customer, and we will issue a digital invoice to make payment online.
Deposits. If a deposit is paid when booking, the balance remaining is due no later than the date detailed on the balance invoice. At our discretion, we may cancel any installation date where the deposit due has not been paid at least 3 days prior to the date of installation.
Alternative payment options. We may offer other payment options or methods at our discretion.
Difficult making payments. If you are having any difficulty making any payment due under this agreement, you should contact us as soon as possible. If you breach this agreement by not making payments in full and on time and you fail to remedy that breach following a request from us, we may send you a default notice. If you still have not made the payment(s) within the timeframe specified in the default notice, we may terminate the agreement with immediate effect and may pass the case to our debt collection agents.
6. OZEV Electric Vehicle Chargepoint Grant (EVCG)
- Making a claim. In order to make a claim for the EVCG you must comply with all current requirements. If you think you may qualify for the EVCG grant, we recommend you read the full terms, available at: https://www.find-government-grants.service.gov.uk/grants/electric-vehicle-chargepoint-grant-for-renters-and-flat-owners-1#eligibility
- Making an application. You must provide all information required to OZEV directly. Installation will not take place until all information is provided.
- Information and evidence. You may need to provide us with sufficient photographic information and evidence to satisfy us that you have a suitable place to install the EV Charger in a private, off-street parking space on your property.
- Declaration. Where the EVCG grant funding has been claimed, you declare that you will not claim the VAT back on the installation of the EV Charger from HMRC.
- What to do if your circumstances change. You must tell us if your circumstances change between the date your installation is booked and the date installation takes place, where this could affect your eligibility for the OZEV grant. If your circumstances change after the installation or you no longer have use of your electric vehicle before the minimum 6-month keepership period ends, you must tell OZEV via Chargepoint.Grants@ozev.gov.uk.
7. Software and data
Manufacturer ownership. The EV Charger manufacturer owns and will continue to own the associated software, firmware and all intellectual property rights associated with the software and firmware in the EV Charger.
Data sharing. We will share the details you provided at sign up with the relevant manufacturer to complete installation of your EV Charger. Depending on the EV Charger you have chosen, AmpEV or 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, EV Chargers will automatically share data that is essential to their operation with the manufacturers. The software controls the EV 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. Please ensure that you read the manufacturer’s terms in relation to this. In the case of your EV chargers being operated by AmpEV app & platform, please see Software Terms & Conditions available on our website.
Updates to software or firmware. From time to time, the EV Charger manufacturer may update the software and/or firmware running on your EV Charger. These updates may be necessary to: ensure that your EV Charger functions correctly, fix any issues that may arise, improve the way your EV Charger works, add/remove data points that are reported by the device, add/remove further functionality, bug fixes or for other reasons. Please see the manufacturer’s terms and conditions for further details.
8. Warranty and Support
Manufacturer’s warranty. The EV Charger is covered by a manufacturer’s warranty. See the user manual provided with your EV Charger for further details. In the event of an issue with your EV Charger, please contact the manufacturer to make a warranty claim.
In the event of any defects arising in the EV Charger, which are caused by faulty design or manufacture, please contact AmpEV to make a warranty claim.
Our assistance. We’ll use reasonable efforts to rectify issues, either through repair or replacement at the relevant manufacturer’s 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. We’re also here to help in any way we can and you can contact enquiries@ampev.co.uk to notify us of any issue with your EV Charger. Our Support Team are available to assist you with resetting your RCD, EV Charger or internet router. We’ll also be able to assist you to escalate your EV Charger issue to the OEM.
Workmanship warranty. We provide you with a 12-month workmanship warranty in respect of our installation services. Our Support Team will take all reasonable steps to resolve your issue and should the issue be diagnosed as directly install-related, we will arrange a service visit as soon as is reasonably practicable, provided that you have complied with your obligations under these terms and conditions and the issue in question does not fall within the warranty exclusions detailed in the paragraph below.
Warranty exclusions. Your rights under the workmanship warranty detailed above shall not apply if:
- there has been improper use of your EV Charger, or it has been abused or tampered with,
- repairs or modifications have been attempted or carried out by someone other than us or one of our appointed electricians, or against the manufacturer’s guidelines/instructions, or with parts that have not been supplied or approved by the manufacturer,
- the fault is caused by negligence, intentional or accidental damage, improper use by you or a third party or by abnormal working conditions,
- the EV Charger has not been used or maintained in line with its operating and/or maintenance instructions or has been abused or tampered with,
- you don’t give notice of a fault within a reasonable period of discovering it,
- you continue to use the EV Charger after you have given notice of a fault under the warranty process and have been told to stop using it as continuing use poses a health and safety risk and/or is likely to cause material damage to the EV Charger,
- the problem is caused by unrelated faults such as issues with the electrical wiring at your property or a fault in the charging system of your electric vehicle,
- load balancing equipment reduces the charge drawn by your EV Charger to ensure that total demand at your property does not exceed total supply, or
- the EV Charger is installed in a commercial property.
Please note – similar exclusions to those listed above may also apply in respect of the manufacturer warranty. Please see the manufacturer’s terms and conditions in this regard.
9. Our responsibility for loss or damage suffered by you
Liability that cannot be excluded. Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter where it would be unlawful to limit our liability.
Damage to property caused by negligence. Where we install your EV Charger we’ll take care to carry out the work without causing damage to your property. If we cause unnecessary damage because of our negligence, we’ll put it right.
The limit of our responsibility. 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.
Exclusions of loss. We won’t under any circumstances, be responsible to you for:
- the cost of repairing any pre-existing faults or damage to your property or electricity supply,
- any loss or damage to your property (including your residence and electric vehicle) as a result of the installation or use of the EV Charger and its associated software and app,
- any costs, loss or damage that you do to your property or your electrical vehicle or you suffer which is caused by the incorrect installation of your EV Charger by a third party.
- any loss because you have provided inaccurate or misleading information,
- any damage because the EV Charger isn’t used in line with the manufacturer’s instructions,
- any problems arising from your or anyone else’s smartphone, computer, internet browser, internet connection, GPRS bandwidth connectivity issues or use of an app,
- any financial loss or damage, such as losing profit, income, business, contracts or goodwill,
- delays due to weather or other circumstances beyond our control (where such delays occur, we will complete the work as soon as reasonably possible),
- any alternative charging arrangements carried out by you (as detailed below), and
- any loss which both sides would not have reasonably expected when we made this agreement.
Each individual item listed above applies separately. If a court tells us we can’t rely on one of them, the others will still apply.
Alternative charging arrangements. We shall not be responsible for any losses or expenses incurred by you for any alternative charging arrangements where you are unable to use the EV Charger for any reason. It is your responsibility to notify us immediately of any issues you are having with the EV Charger and we will use reasonable endeavours to correct such issues as soon as possible in accordance with these terms. Any such expenses incurred by you, whether or not the EV Charger is faulty, will not be recoverable under these terms and nor will compensation be due (including but not limited to covering the costs of public charging, or compensating you for time to be available for a service visit).
Other electrical appliances. We are not responsible if the installation of your EV Charger, including switching off or switching on the power to your property, causes unforeseen damage to other electrical appliances (such as TVs or computers) at your property. This rarely happens, but from time to time old or sensitive appliances can be affected by a power cut or as a result of inadequate wiring at your property. If you are at all concerned about any of your appliances, please unplug or switch them off at the socket prior to installation. If in any doubt, ask your installer for some advice before the installation starts. You can also ask your local grid network operator for advice on how to protect appliances in your property.
Your rights under law. These limitations don’t affect your legal rights under the Consumer Rights Act 2015 and any laws that replace it. If you want independent advice about your rights, you can speak to Citizens Advice or Trading Standards.
10. Termination
Our right to terminate. We may terminate the agreement with immediate effect if you breach any of your obligations under the agreement.
Your right to cancel. Your rights to cancel an Order are set out in clause 11 below.
11. Cancellation Rights
Cancellation period. You have the right to cancel the Order within 14 days of the contract being entered into, without giving any reason.
Exercising your right. To exercise the right to cancel, you must inform us of this in writing by sending an email to enquiries@ampev.co.uk within the 14 day period.
Waiving your right to the cancellation period. If you wish for EV Charger to be provided before the end of your statutory 14-day cancellation period, you must inform us of this in writing by sending an email to enquiries@ampev.co.uk . In this scenario:
- if the services have been fully performed, you will lose your right to cancel and will be responsible for the installation costs and we may also deduct any reasonable amounts from any refund to reflect the diminished value of the EV Charger as a result of installation or use; or
- if the services have been partially performed, you still have a right to cancel, however you must pay us for the services already supplied in proportion to the total price due under the Order and we may also deduct any reasonable amounts from any refund to reflect the diminished value of the EV Charger as a result of installation or use.
Effects of cancellation. If the EV Charger has already been installed, you will be responsible for the removal costs and we may also deduct any reasonable amounts from any refund to reflect the diminished value of the EV Charger as a result of installation or use.
Collection of the EV Charger. The EV Charger can only be disconnected by a qualified electrician who is suitably experienced and skilled. You must not attempt to disconnect or remove the EV Charger under any circumstances. If we have agreed to the return of an EV Charger, we will arrange for one of our installers to visit your property to carry out such removal works.
12. General
Transferring rights and obligations. We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover payments under our contract with you) or obligations under this contract to someone else without your consent. This will not affect your rights under these terms or under our warranty. You may not transfer our contract with you or your rights under it without first getting our written consent.
Non-waiver of rights. If you breach these terms and we do nothing or delay taking action, we will still be entitled to take action to enforce this breach or a similar or subsequent breach of the contract with you.
Severability. Each of the paragraphs in these terms operate separately. If any of these terms are held invalid or unenforceable for any reason, the remainder of the terms shall continue in full force and effect.
Changes to these terms and conditions. We can make changes from time to time to these terms for one or more of the following reasons:
- to reflect updates to functionality, security, options or services provided by us or your EV Charger;
- to reflect changes to third-party terms and conditions that apply to us or our website;
- to reflect changes to any requirements of local power network operators and their conditions;
- to respond to requirements placed on us by a competent authority, including any local authority or council; or
- to reflect changes in any relevant laws or regulations or industry codes of practice.
Governing law. 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.
13. Complaints Procedure
Notifying us. In order to best manage the complaint, we find that putting down your complaint or concerns in a letter is best. You can of course, make your complaint by any method such as e-mail, letter or telephone or in person. You can submit a complaint via email enquiries@ampev.co.uk , in writing to AmpEV, Unit 2 Greaves Hall Ind. Est., Greaves Hall Ave East. Banks, Lancashire, PR9 8SR or over the phone by calling 0800 368 9125.
Our response. We aim to assess any complaint fairly, consistently and promptly to determine whether it should be upheld and, if so, what remedial action or redress may be appropriate. We shall resolve it at the earliest opportunity with the aim of doing so within 8 weeks of receipt. We will acknowledge your complaint promptly (generally within 5 business days) in writing, and will include written details of our complaints handling procedures. Where we are able to provide a final response immediately, the acknowledgement may be combined with the final response. You will be kept informed of the progress of the investigation. We will either send a final response (as described below) within 8 weeks or, at the end of that period, a response explaining that we are not in a position to make a final response, giving reasons for the delay and indicating when we expect to be able to provide a final response. This response will inform you whether you are entitled to refer the complaint to the Financial Ombudsman Service (the ‘Ombudsman’) if you are dissatisfied with the delay, and will enclose a copy of the Ombudsman’s explanatory leaflet. Our final response will either: uphold the complaint and, where appropriate, offer redress or reject the complaint and give reasons for doing so. The final response will advise you whether you may refer the complaint to the Financial Ombudsman Service if you are not satisfied. It will include a copy of the Financial Ombudsman Service’s explanatory leaflet.
Financial Ombudsman Service. Should you still not be satisfied by our final response, you may be entitled to refer your complaint to the Ombudsman for its consideration. Where you wish to do so, you should do so within 6 months (from the date the final response was issued) as your complaint may otherwise be time-bared under the Ombudsman’s rules. The Ombudsman can be contacted at the following address: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Tel no: 0845 080 1800 http://www.financial-ombudsman.org.uk.