AmpolCard EV Charging Conditions

2. Term

2.1 The EV Charging Conditions commence when Ampol accepts the EV Customer’s EV Charging Application and continue until terminated in accordance with clause 9.

3. Credit Limit

3.1 Ampol may refuse to supply EV Charging Products or to process an EV Charging Transaction in excess of the EV Customer’s Credit Limit.

3.2 If an EV Charging Transaction at any time results in a Credit Limit Exceedance, the EV Customer/EV Cardholder must pay Ampol the amount of the Credit Limit Exceedance immediately in full.

4. Receipts

4.1 The EV Customer acknowledges and agrees that in respect of purchases of EV Charging Products no sales voucher or receipt will be issued at the time of an EV Charging Transaction. However, a tax invoice will be provided in accordance with clause 5 of these EV Charging Conditions.

5. Payment and Reports

5.1 Ampol will continue to issue consolidated tax invoices to the EV Customer in accordance with clause 5 of the Standard Terms and Conditions. The tax invoice will be for purchases made under the Standard Terms and Conditions as well as EV Charging Transactions under these EV Charging Conditions. EV Charging Transactions will appear on the tax invoice as adjustments, fees and other charges.

5.2 Ampol will provide EV Customers with a detailed transaction report for all EV Charging Transactions within one billing period.

5.3 All tax invoices will be payable by the EV Customer, in the same manner as set out in the Standard Terms and Conditions.

6. Default

6.1 The provisions in clause 6 of the Standard Terms and Conditions also apply to use of the AmpolCard Facility for the purchase of, and payment or non-payment for, EV Charging Products.

6.2 The EV Customer’s breach of these EV Charging Conditions will constitute a breach of the Standard Terms and Conditions, and the EV Customer’s breach of the Standard Terms and Conditions will constitute a breach of the EV Charging Conditions. 

6.3 The EV Customer shall indemnify and hold Ampol harmless against any claim, liability, cost or expense arising directly or indirectly out of a breach by the EV Customer of any provision of these EV Charging Conditions.

7. Security and Security Deposit

7.1 The EV Customer agrees that any mortgage, charge, caveat, Security Deposit or power of attorney provided or granted by the EV Customer in favour of Ampol under clause 7 of the Standard Terms and Conditions will also extend to securing payment of all moneys due and payable to Ampol by the EV Customer arising from the use of the AmpolCard Facility for EV Charging Products.

7.2 If requested by Ampol, the EV Customer must update or replace any mortgage, charge, caveat, Security Deposit or power of attorney it has provided under clause 7 of the Standard Terms and Conditions to reflect this.

8. Risk

8.1 Risk in the EV Charging Products will pass to the EV Customer when the EV Charging Products have passed into the EV Customer’s Electric Vehicle.

9. Termination

9.1 If the EV Customer’s right to use the AmpolCard Facility under the AmpolCard Standard Terms and Conditions terminates, these EV Charging Conditions will automatically terminate concurrently.

9.2 Ampol may terminate these EV Charging Conditions at any time if Ampol gives the EV Customer not less than 30 days notice in writing (and for the avoidance of doubt, termination of this Agreement will not affect any AmpolCard Standard Terms and Conditions in place between the parties regarding the EV Customer’s AmpolCard Facility).

10. Limitation of Liability

10.1 In addition to the limitation of liability provisions set out in clause 11 of the Standard Terms and Conditions, Ampol will not, under any circumstances, be liable to the EV Customer, whether directly or indirectly for:

(a) any third party claim arising out of supply of the EV Charging Products or the performance or non-performance of any obligations under these EV Charging Conditions;

(b) any fault with an EV Enabled Card;

(c) any faults with the electronic systems which operate the electric vehicle charging points across the AmpCharge Network and/or process the EV Charging Transaction;

(d) any faults with the EV Customer's or EV Cardholder’s Electric Vehicle, including but not limited to the Electric Vehicle’s battery or systems that enable the delivery of the EV Charging Product from the charging point to into the battery, or any faults arising from the EV Customer's or EV Cardholder’s failure to comply with the Electric Vehicle manufacturer’s user manual or instructions; 

(e) any unauthorised use, misuse or fraudulent use with an EV Enabled Card to the extent that Ampol has not received a notification from the EV Customer in accordance with clause 20.1 of the Standard Terms and Conditions.

10.2 All express or implied guarantees, warranties, representations, or other terms and conditions relating to the EV Charging Products which are not stated in these EV Charging Conditions are excluded to the maximum extent permitted by law.

10.3 Nothing in these EV Charging Conditions excludes, restricts or modifies any right or remedy or any guarantee, warranty or other term or condition implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

10.4 If any guarantee, warranty, term or condition is implied or imposed in relation to these EV Charging Conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non Excludable Provision”) and Ampol is able to limit the EV Customer’s remedy for breach of the Non Excludable Provision, the liability of Ampol for breach of the Non-Excludable Provision is limited to one or more of the following at Ampol’s option:

(a) supply or re-supply of the EV Charging Product;

(b) supply of an equivalent product; or

(c) payment of the cost of supplying or resupplying the EV Charging Product or of acquiring equivalent products.

10.5 Subject to Ampol’s obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, the maximum aggregate liability of Ampol for all claims under or relating to these EV Charging Conditions or supply of the EV Charging Products whether in contract, tort (including without limitation negligence), in equity, under statute, or on any other basis, is limited to an amount equal to the price paid by the EV Customer in respect of the EV Charging Products for the last 12 months only.

10.6 Subject to Ampol’s obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, Ampol is not liable for and no measure of damages will, under any circumstances, include:

(a) special, indirect, consequential, incidental or punitive damages; or

(b) damages for loss of profits, revenue, goodwill, or anticipated savings, whether in contract, tort (including negligence) in equity, under statute, or on any other basis, whether or not such loss or damage was foreseeable.

11. GST

11.1 The GST provisions in clause 13 of the Standard Terms and Conditions apply to the supply of EV Charging Products under these EV Charging Conditions.

12. Notices

12.1 Notices under these EV Charging Conditions will be served in the same manner as specified in in the Standard Terms and Conditions.

13. Force Majeure

13.1 Ampol will not be responsible for failure or for any losses resulting out of the failure to supply any EV Charging Products caused by force majeure, including:

(a) the circumstances set out at clause 16.1 of the Standard Terms and Conditions; and

(b) power cuts, electricity shortages and grid failures, or any such similar circumstance.

14. Purchases

14.1 In addition to the Products and Services that may be supplied under the Standard Terms and Conditions, Ampol agrees to provide the EV Customer with the AmpolCard Facility for the purposes of purchasing EV Charging Products wholly or predominantly for business purposes.

14.2 The EV Customer must pay the prices charged by the Merchant for EV Charging Products at the time of the EV Charging Transaction, unless different prices are agreed in advance between the EV Customer and Ampol in writing.

14.3 In addition to the price for EV Charging Products and the costs, fees and charges specified in clause 17.4 of the Standard Terms and Conditions, the EV Customer must pay:

(a) any duties, taxes, government charges, levies and other imposts presently or in the future being levied by any government or regulatory authority on the EV Charging Products, or the price of any of the EV Charging Products, in the amounts applicable from time to time;

(b) any costs incurred by Ampol in order to comply with the present and/or future requirements of any government or regulatory authority, including any requirements relating to pollution, carbon, emissions and greenhouse gases (including reporting requirements, the holding of permits and the holding of off-set credits), to the extent such costs increase the cost the EV Charging Products; and

(c) an EV Charging Transaction Fee, as agreed between the EV Customer and Ampol.

14.4 Ampol will charge all amounts due for the purchases of EV Charging Products to the EV Customer’s AmpolCard Account.

15. Use of Cards

15.1 Ampol may issue any EV Enabled Cards to the EV Customer for the persons nominated as EV Cardholders in the EV Charging Application.

15.2 Subject to clause 20, the EV Customer is responsible for the use of the EV Enabled Cards or PINs by any of the EV Cardholders, including any purchases, fees and charges incurred on expired, suspended or otherwise invalid EV Enabled Cards.

15.3 In order to commence an EV Charging Transaction, the EV Cardholder must tap the EV Enabled Card on the RFID reader at a charging point within the AmpCharge Network and follow the instructions or manual of their Electric Vehicle manufacturer and of the charger.

15.4 For clarity:

(a) EV Charging Products are not eligible to earn Everyday Rewards Points; and

(b) FuelPay cannot be used to pay for EV Charging Products.

16. PINs and Identity Verification

16.1 Clauses 19.1 and 19.2 of the Standard Terms and Conditions do not apply to EV Enabled Cards.

16.2 When the EV Enabled Card is received by the EV Cardholder, the EV Cardholder must select and set a PIN for the EV Enabled Card in the [Card Portal].

16.3 The PIN may be required when using the EV Enabled Card to purchase Petroleum Products, Lubricants, Services and convenience items. In this case:

(a) where the EV Cardholder fails to enter the correct PIN at the time of the Transaction, Ampol will not accept or process the Transaction;

(b) where the EV Cardholder fails to enter the correct PIN at the time of the Transaction, the EV Customer/EV Cardholder must pay to Ampol/Merchant the amount payable in respect of the Products and/or Services, which have been supplied or performed, immediately in full; and

(c) if the EV Customer/EV Cardholder is unable to pay in full for the Products supplied, the EV Cardholder must immediately return any Products which are capable of being returned in their original condition to the Merchant.

16.4 The PIN will not be required at the time of the EV Charging Transactions, nor will any form of identification. It is the EV Customer’s responsibility to ensure the EV Enabled Cards are not misused or used by any person other than the EV Cardholder.

17. Availability of EV Charging Products

17.1 The EV Customer acknowledges that EV Charging Products will not be available at all Ampol branded sites, but are only available at participating sites across the AmpCharge Network.

17.2 Ampol does not make any warranties or guarantees regarding the uptime, performance, availability or reliability of electric vehicle charging points on the AmpCharge Network.

18. Limitations and Exclusions

18.1 The total value of EV Charging Transactions which may be made on a single EV Enabled Card will be subject to a daily limit set by Ampol in its discretion (Daily EV Charging Limit). The standard Daily EV Charging Limit is $100 per 24-hour period resetting at 2AM AEDT each day.

18.2 The EV Customer may request that Ampol vary the Daily EV Charging Limit for its EV Cardholders. Ampol may approve or reject such a request in its absolute discretion.

18.3 Notwithstanding clause 18.1, Ampol is not required to enforce the Daily EV Charging Limit. It is the EV Customer’s responsibility to ensure that the EV Cardholders do not exceed the Daily EV Charging Limit. The EV Customer is responsible for any purchase in excess of the Daily EV Charging Limit, applying at the time of purchase. Ampol may refuse to supply any EV Charging Products to the EV Customer/ an EV Cardholder in excess of the Daily EV Charging Limit.

19. Discount Offer

19.1 Subject to compliance with these EV Charging Conditions and clause 19.3, an EV Customer whose EV Charging Application has been approved by Ampol is entitled to a discount on all EV Charging Transactions of [4/5] cents per kWh off the advertised price of electric vehicle charging across the AmpCharge Network, up to the Daily EV Charging Limit (EV Charging Discount).

19.2 The EV Charging Discount is not redeemable in conjunction with any other offer, discount or promotion.

19.3 Ampol may at its sole discretion revoke or vary the EV Charging Discount by giving the EV Customer not less than 30 days written notice.

20. Lost, Stolen, Misused EV Enabled Cards and Cancellation of Authority to Use

20.1 The provisions in clause 20 of the Standard Terms and Conditions apply to any EV Enabled Cards that are lost stolen, misused, or no longer required by an EV Customer, or if the EV Customer wishes to withdraw the authority of the EV Cardholder.

21. Miscellaneous

21.1 In addition to its rights under the AmpolCard Standard Terms and Conditions, Ampol may:

(a) vary any material provision of these EV Charging Conditions at any time by giving not less than 30 days prior written notice (where it is reasonably necessary to protect Ampol’s legitimate business interests); and

(b) make minor variations to these EV Charging Conditions at any time without giving the EV Customer prior notice. Any new version of the varied EV Charging Conditions will be made available on Ampol’s public website for the Customer’s information.

21.2 These EV Charging Conditions will be governed by the laws of NSW.

21.3 Ampol may assign and/or subcontract its rights and obligations under these EV Charging Conditions without notice at any time.

21.4 The EV Customer may not assign or otherwise dispose of its rights and obligations under these EV Charging Conditions without prior written consent from Ampol.

21.5 Any waiver by Ampol of any rights under these EV Charging Conditions will not constitute a general waiver of those or other rights.

22. Definitions and Interpretation

“AmpCharge Network” means Ampol’s network of public electric vehicle charging points, participating locations of which can be found by using the Ampol site locator (available at https://ampcharge.ampol.com.au/charging-on-the-road) and filtering for “EV Charging (AmpCharge)”.

“AmpolCard Facility” means, for the purpose of this Agreement, the facility to purchase Products, EV Charging Products and/or Services on credit using the Card;

“Card Portal” means the online customer portal which allows Customers and EV Customers to manage their AmpolCard account;

“Credit Limit” means, for the purpose of this Agreement, the amount notified to the EV Customer by Ampol from time to time as the maximum amount allowed for purchases of Products, EV Charging Products and Services by the EV Customer on its Account;

“Daily EV Charging Limit” has the meaning given to it in clause 18.1 of these EV Charging Conditions;

“Electric Vehicle” means an electric vehicle or plug-in hybrid electric vehicle.

“EV Cardholder” means a person who uses an EV Enabled Card with the authority of the EV Customer;

“EV Charging Application” means the application provided by Ampol to which these EV Charging Conditions are attached, which the EV Customer must complete to make an application to Ampol for the supply of EV Charging Products on credit;

“EV Charging Discount” has the meaning given to it in clause 19.1 of these EV Charging Conditions;

“EV Charging Product” means delivery of electricity measured in kWh using electric vehicle charging points on the AmpCharge Network to recharge electric vehicles;

“EV Charging Transaction” means a purchase transaction for which an EV Enabled Card is used by an EV Cardholder to purchase EV Charging Products;

“EV Charging Transaction Fee” means an additional amount (fee) (inclusive of GST) paid by the EV Customer each time the EV Customer makes An EV Charging Transaction, as notified by Ampol to the EV Customer, except where otherwise agreed between Ampol and the EV Customer;

“EV Customer” means the "Applicant" in the EV Charging Application;

“EV Enabled Card” has the meaning given in clause 1.5 of these EV Charging Conditions;

“Merchant” means, for the purpose of this Agreement, an authorised supplier of some or all of EV Charging Products who may accept Cards;

“Standard Terms and Conditions” means the AmpolCard Facility and Bulk Standard Terms and Conditions (available at https://www.ampol.com.au/business/products-and-services/fuel-cards/ampolcard/terms-and-conditions).