eShop Charger and Install Terms and Conditions
Agreement for the supply and install of EV Charger Units
Terms and Conditions
These terms and conditions comprise an agreement for the supply and installation by Ampol Energy (Retail) Pty Ltd ABN 21 652 913 347 (us or we) and the acquisition and use by you, of the Charger (Agreement).
The Installation Request Form and Installation Estimate form part of this Agreement.
Capitalised terms in this Agreement are defined in clause 17 of this Agreement (Definitions).
1. COMMENCEMENT AND TERM
(a) This Agreement commences once you have:
(i) selected that you have read and agree to this Agreement through our Web Shop; and
(ii) finalised your order and paid the Equipment Price using one of the accepted payment methods nominated in the checkout pages of our Web Shop.
(b) Subject to clause 1(c), unless terminated earlier under clause 15 (Termination), this Agreement will come to an end after the Installation Services have been completed.
(c) Clauses 2(a)(v), 12 (Our Warranties and Liability), 13 (Your Reimbursement), 14 (Access, Monitoring and Privacy), 16 (General) and 17 (Definitions) continue to apply following termination of this Agreement.
2. OUR OBLIGATIONS
(a) We will:
(i) provide you with an Installation Estimate based on the information you provide to us in the Installation Request Form;
(ii) following payment by you of the Equipment Price, deliver the Charger to the delivery address you nominate to us;
(iii) arrange for the Installation Services to be carried out by our service provider in accordance with this Agreement;
(iv) provide you with access to your Warranty and the Manuals; and
(v) provide you with remote customer support and troubleshooting help subject to the terms of this Agreement. You can reach us using the contact information at the bottom of this Agreement.
3. YOUR OBLIGATIONS
(a) You agree to:
(i) as soon as practicable, complete and return to us the Installation Request Form;
(ii) if you are renting your Premises or live in multi-dwelling housing, provide us with evidence of all necessary approvals by your landlord and/ or body corporate in accordance with clause 7(a)(ii);
(iii) accept your Installation Estimate by making payment of the Installation Fee in accordance with clause 5(e) if you wish to proceed with the Installation Services set out in the Installation Estimate; and
(iv) as soon as practicable after your Charger is delivered to you, you will read the Manuals and Warranty carefully. These are available for download in clause 17 of this Agreement or on our website;
(v) do all things reasonably necessary to facilitate the installation of the Charger, including in accordance with clause 7.
(vi) if requested by us on reasonable grounds, allow us or our service provider to carry out a post-installation quality assessment of the Installation Works at your Premises at a time mutually agreed by you and us.
4. DELIVERY, OWNERSHIP AND RISK IN THE CHARGER
(a) We will not provide Installation Services to you until you have accepted your Installation Estimate and we have received payment of the Installation Fee.
(b) You agree that the delivery address you provide to us is complete and correct, and that we have no liability to you or any other person for lost goods as a result of incorrect shipping information.
(c) We will endeavour to dispatch the Charger to you within 3-7 Business Days after receiving payment for the Equipment Price. We will send a dispatch notification with tracking details to your nominated email address when your order is on its way.
(d) Ownership and risk in the Charger will pass to you on the date it is delivered to the address nominated by you. Delivery will require your signature. If you are not at home on the day of delivery, your order will be taken to the nearest collection point and ownership and risk in the Charger will pass to you at the time it is delivered to that collection point.
(e) We will not be responsible for any loss or damage arising out of or in connection with the use, operation, disposal of or any other act or omission in respect of the Charger after the risk in the Charger has passed to you, other than as set out in this Agreement.
(f) You will be responsible for effecting any insurance to cover loss or damage to the Charger after it has been delivered to you.
5. INSTALLATION REQUEST FORM ASSESSMENT AND ESTIMATE
(a) After you have completed and returned your Installation Request Form, our service provider will carry out a remote assessment of your Premises and determine in its absolute discretion:
(i) if our service provider will accept or reject your installation request; and
(ii) if your installation is a Standard Installation or a Non-Standard Installation
(Desktop Assessment).
(b) Based on the Desktop Assessment, we will either inform you that your installation request has been rejected or provide you with an Installation Estimate.
(c) If your installation request is rejected, you may either:(i) keep the Charger, and arrange for it to be installed by a service provider of your choice, at your own cost and risk; or
(ii) return the Charger to us unopened and in its original packaging, in which case you are entitled to a refund of the Equipment Price.
(d) Any Installation Estimate provided is non-binding and may be varied in line with clause 8(a).
(e) If you wish to proceed with the Installation Services after receiving your Installation Estimate, you must pay the Installation Fee using one of the accepted payment methods nominated in your Installation Estimate within 14 days of receiving the Installation Estimate.
6. ELIGIBILITY REQUIREMENTS
(a) If at any point we or our service provider determine, based on a site visit or any information you provide to us, that you or your Premises do not meet the Eligibility Requirements, this Agreement will end automatically upon written notice from us to you. If this occurs, you may either:
(i) keep the Charger, and arrange for it to be installed by a service provider of your choice, at your own cost and risk; or
(ii) return the Charger to us unopened and in its original packaging, in which case you are entitled to a refund of the Equipment Price and any Installation Fees already paid by you to us.
(b) We may require you to pay reasonably incurred costs in accordance with clause 15(e) of this Agreement.
7. INSTALLATION
(a) Before we schedule a date for the Installation Services to occur:(i) you must have paid the Installation Fee; and
(ii) if you are renting your Premises or live in multi-dwelling housing, you must provide to us documentary evidence that you have obtained all necessary approvals from your landlord and/or body corporate (as relevant) for the installation of the Charger.
(b) Ampol will then engage its service provider to carry out the Installation Services at the Premises.
(c) We will endeavour to arrange for the Installation Services to be provided within 15 Business Days of you accepting your Installation Estimate. This timeframe may be impacted, altered or delayed by reasons that are outside of our control, including but not limited to the following:
(i) the installation services not being Standard Installation Services; or
(ii) permits, approvals, certification or similar requirements by building authorities, your Distributor, councils, your landlord or body corporate or other relevant authorities are required for the installation and have not been obtained in advance; or
(iii) unavailability of Charger or qualified installers.
(d) Our service provider will contact you using your nominated contact details to arrange a date and time for carrying out the Installation Services. If our service provider is unable to proceed with the Installation Services at the agreed time due to your act or omission (for example if the Premises address provided by you is incorrect or if no-one is present at the Premises or relevant access approvals have not been obtained) – then you will be responsible for any call out or mobilisation cost charged by our service provider, and the additional reasonable cost (if any) of the installation being scheduled for an alternative date.
(e) You must:
(i) ensure that the Installation Services are allowed under any applicable agreement, building permit, by-laws, development consent, development certificate and applicable Laws and are permitted by your Distributor;
(ii) grant permission to and obtain necessary approvals (if applicable) for our service provider to access the Premises at the agreed time to provide the Installation Services; and
(iii) comply with and ensure any owner of or person present at the Premises complies with, any reasonable direction given by our service provider in relation to health and safety while our service provider is at the Premises, including a direction to switch off all electrical equipment or power supply.
(f) We or our service provider will promptly notify you of any changes to the agreed date or time of installation and agree an alternative time for installation with you.
8. ADDITIONAL ESTIMATE FOR NON-STANDARD SERVICES
(a) If we or our service provider become aware, before or during the performance of the Installation Services, of any complexities or site issues that could not have been reasonably foreseen and if we can demonstrate that additional Non-Standard Installation Services are required to safely install your Charger, then we will inform you of any additional works required and provide you with an additional Installation Estimate for such works.
(b) Any additional Installation Estimate is non-binding, and may be varied again if other complexities or site issues covered by clause 8(a) arise at a later point.
(c) You can accept an additional Installation Estimate by paying the additional Installation Fee using one of the accepted payment methods nominated in your additional Installation Estimate, within 14 days of receipt of your additional Installation Estimate.
(d) If you do not accept the additional Installation Estimate within 14 days of receipt, then we or you can terminate this Agreement and you will be entitled to a refund in accordance with clause 15(d). We may require you to pay reasonably incurred costs in accordance with clause 15(e).
9. STANDARD OF SERVICE
(a) You agree and acknowledge that:
(i) minor property damage may occur in connection with the Installation Services (for example, nail holes and paint scuffs). To the extent permitted by Law, you accept the risk of such damage and neither we nor our service provider will be liable for any such minor damage; and
(ii) we will not undertake any structural assessment of the Premises or the infrastructure in the Premises and, to the extent permitted by Law, we are not liable for the safety, structural integrity, working order of any infrastructure on the Premises where such issues may arise in connection with Installation Services.
(i) with the degree of professional skill, care and diligence expected of a competent professional contractor experienced in carrying out services of a similar size, scope and nature to the Installation Services; and
(ii) in compliance with all relevant Laws and Standards in respect of the performance of the Installation Services.
10. YOUR REPRESENTATION AND ACKNOWLEDGEMENT
(a) You warrant that:
(i) you are the owner, or a lawfully authorised representative of the owner, of the Premises or have obtained all necessary approvals and permission from the owner of the Premises to install the Charger; and
(ii) all information you have provided to us, including in the Installation Request Form, landlord or body corporate approvals and during your Web Shop checkout, is accurate.
(b) You agree and acknowledge that:
(i) the specifications for the Charger have been made available to you via our website or Web Shop prior to entering into this Agreement;
(ii) you have read and understand the specifications for the Charger;
(iii) you will notify us as soon as reasonably practicable if you believe that the Charger has any defect or is not functioning as it should be, so that we may provide remote trouble shooting and assistance to you; and
(iv) where we cannot resolve the issue, we will advise you of next steps, including how to make a claim under the Warranty.
11. CHARGER WARRANTY
(a) In addition to your rights under the Australian Consumer Law, the Charger is provided with the benefit of our Warranty. You must ensure you do not take any action that renders the Warranty void.
(b) You agree and acknowledge that a third party has manufactured the Charger and, aside from offering remote customer support as described at clause 2(a)(v), offering the benefit of the Warranty and complying with any obligations under the Australian Consumer Law, we do not provide software or hardware support for the Charger.
(c) We are not required to provide a refund or replacement for your Charger if you change your mind.
12. OUR LIABILITY
(a) To the extent permitted by Law, and except as outlined in this Agreement and the Warranty, we give no other warranty or undertaking, and we make no other representation to you, about the condition or suitability of the Charger and the Installation Services, their quality, fitness for purpose or safety.
(b) To the extent permitted by Law, we are not liable to you for any loss or damage (including, special, indirect, consequential or economic loss, increased electricity costs, loss of stored energy, disruption of energy supply or storage, loss of revenue or profit or any reduction in capital value of the Premises) or any loss or damage relating to other property or devices, whether owned by you or any other person, in connection with the Charger or Installation Services.
(c) For the avoidance of doubt, this Agreement is subject to the Australian Consumer Law and you retain your rights under the Australian Consumer Law.
13. YOUR REIMBURSEMENT
(a) To the extent permitted by Law, you will be liable to us and must reimburse us for any loss arising out of any claim or demand against us, including by a third party, which arises from your breach of your obligations or representations under this Agreement. We will take reasonable steps to mitigate this loss.
14. ACCESS, MONITORING AND PRIVACY
(a) You agree and acknowledge that, where your Charger is registered during the installation process by our service provider and connected to the internet, it will transmit data to the Manufacturer and that data will be shared with us.
(b) We may remotely access, monitor and maintain your Charger and, where necessary, remotely provide new software and/or firmware to your Charger using our systems.
(c) The data we may access from or via your Charger from time to time for the purposes described in clause 14(a) may include Personal Information, and you agree to us accessing your Personal Information for that purpose. You agree to us or our service provider collecting service information from you, including diagrammatic, pictorial or other information about your vehicle, electrical equipment and electricity supply, wiring and other information for the purposes of carrying out the Installation Services and ongoing provision of remote customer support under clause 2(a)(v).
(d) We will handle your Personal Information and other data in accordance with the requirements of the Privacy Act 1988 (Cth). You agree to Ampol collecting and handling your Personal Information in accordance with our Privacy Collection Statement and Privacy Policy.
15. TERMINATION
(a) We may end this Agreement by giving you no less than 5 Business Days’ notice (other than in the circumstances in paragraph (v) where we can give immediate notice), if any of the following apply:
(i) if the condition of the Premises is such that we or our service provider form the view for any reason (acting reasonably) that the Charger is unable to be safely and properly installed at the Premises;
(ii) you have accepted your Installation Estimate but the Installation Services have still not commenced (as a result of your act or omission) by the Last Installation Date;
(iii) you fail to comply with this Agreement and such failure has not been remedied within 5 Business Days after we notify you;
(iv) it becomes unlawful to install or safely install the Charger at the Premises due to a change in Law or Standard; or
(v) you become, or conduct yourself or make statements that indicate to us (acting reasonably) that you are, insolvent, bankrupt or otherwise unable to pay your debts as and when they become payable.
(b) You may end this Agreement by giving us no less than 5 Business Days’ notice, if any of the following apply:
(i) the Installation Services have still not commenced (as a result of our act or omission) by the Last Installation Date;
(ii) we commit a material breach of this Agreement and have not remedied that breach within 10 Business Days after you notify us of that breach.
(c) We or you may end this Agreement if you do not accept your Installation Estimate under clause 5(e) or your additional Installation Estimate under clause 8(c) within 14 days of receipt.
(d) If this Agreement ends for any reason without the Installation Services being completed, you will be entitled to a refund for:
(i) the Equipment Price, provided that you have returned the Charger to us unopened and in its original packaging; and
(ii) any Installation Fees already paid by you to us.
(e) If this Agreement ends for any reason without the Installation Services being completed, we may require you to pay any costs reasonably incurred by us or our service provider, including but not limited to our service provider’s call out or mobilisation fees. These costs may be charged to you using one of the following methods:
(i) where you keep the Charger, invoiced to you after the Agreement has ended, and must be paid using one of the payment methods identified in the invoice; or
(ii) where you return the Charger to us unopened and in its original packaging, deducted from your refund under clause 15(d).
16. GENERAL
(a) This Agreement is governed by the laws of New South Wales, Australia.
(b) This Agreement constitutes the entire agreement between you and us as to its subject matter and supersedes and cancels all prior agreements, understandings, negotiations or representations in connection with it.
(c) If part or all of any of the provisions of this Agreement are illegal or unenforceable, they may be severed from this Agreement and the remaining provisions of this Agreement will continue in force to the maximum extent possible.
17. DEFINITIONS
In this Agreement, capitalised terms have the following definitions or the definitions set out in the table on the front page of this Agreement, unless otherwise specified:
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Australian Wiring Rules means AS/NZS 3000:2018, Electrical Installations
Business Days means a day that is not a Saturday, Sunday or public holiday in the location in which the Installation Services are to be performed.
Charger means the EV charger supplied to you by us for at-home use.
Device Management Equipment means equipment that allows your Distributor to control the operation of electrical equipment (including your Charger), in order to manage demand on the electricity network.
Distributor means the entity or person who owns, controls, or operates the distribution system to which the Premises are connected.
Eligibility Requirements means the requirements that must be met in order for us or our service provider to be able to carry out the Installation Services:
(i) your Premises are residential premises located in Australia and fall within the business area of our service provider;
(ii) your Premises have off-street parking;
(iii) the electricity specifications of your Premises meet the requirements of the Charger;
(iv) your Premises have sufficient spare electrical load to operate the Charger without exceeding your Premises’ power limit;
(iv) we or our service provider determine, in our sole discretion, that your Premises meet the requirements for a safe installation in accordance with all relevant Standards;
(v) if you are renting or live in multi-dwelling housing, you have obtained written approval by your landlord and/or body corporate for the installation of the Charger and have provided us with documentary evidence of necessary approvals.
Equipment Price means the price for the Charger and any additional accessories or parts purchased by you via our Web Shop.
Installation Estimate means the written non-binding estimate provided by us to you describing the Installation Services we estimate to be required to install your Charger at your Premises, and Installation Fee.
Installation Fee means the fee for Standard Installation or Non-Standard Installation as stipulated in the Installation Estimate.
Installation Request Form means the electronic form with that name that we will send to you via email following your successful Web Shop purchase which you must complete and return to us in accordance with this Agreement.
Installation Services means the Standard Installation Services and Non-Standard Installation Services, as applicable.
Last Installation Date means 60 days after we provide you with an Installation Estimate for the Installation Services.
Law means common law and any statute, rule, regulation, proclamation, ordinance or by-law, code of practice or Australian standard, present or future and whether State, Federal or otherwise.
Manuals means the installation manuals provided by us to you which are available online here.
Manufacturer means the manufacturer of the Charger, as identified on the nameplate sticker on the side of the Charger.
Non-Standard Installation Services means any installation services, works and materials not included in Standard Installation Services.
Personal Information has the meaning given to that term in the Privacy Act 1998 (Cth).
Premises means the premises at which the Charger is or will be installed as nominated by you in the Installation Request Form.
Standards means all relevant standards and industry codes and guidelines, including the Australian Wiring Rules and the Building Code of Australia.
Standard Installation Services means an installation of the Charger at your Premises which meets the following requirements:
(i) The location nominated by you for the installation of your Charger:
(A) is in proximity to your switchboard such that the Charger can be connected to your switchboard using 20 meters or less of cabling;
(B) is structurally sound, safe and suitable for the safe installation of your Charger as determined by our service provider, acting reasonably; and
(C) otherwise meets the installation requirements set out in the Manuals; and
(ii) Your Premises meets the requirements of the Australian Wiring Rules and no electrical remediation work is required to ensure compliance.
but excludes any of the following services:
(iii) supply and installation of a Charger if you live in multi-dwelling housing;
(iv) obtaining development application approvals, permits, certification or similar requirements by building authorities, your Distributor, councils, your body corporate or other relevant authorities;
(v) Switchboard Works or any additional electrical remedial works to meet current Laws and Standards including Australian Wiring Rules;
(vi) upgrade from single phase to three phase electricity supply;
(vii) supply and installation of a new electricity meter or any meter upgrades;
(viii) supply and installation of a circuit breaker;
(ix) supply and installation of Device Management Equipment or any other accessory or equipment that will become mandatory to install in combination with a Charger due to a change in Law or Standard;
(x) any groundworks, civil works, trenching, excavation, underfloor works, multi-story works or design works;
(xi) asbestos removal;
(xii) work outside normal business hours.
Switchboard Works means any switchboard replacement or upgrade and associated works that may be required or desirable for the effective installation or operation of the Charger or for connection of the Charger to the electricity grid.
Warranty means the warranty of the Charger provided by us to you on or around the date you purchase the Charger which is available for download online here.
Web Shop means the AmpCharge e-commerce platform (available here) through which you purchase your Charger and Installation Services from us.
Our Contact Details
Ampol Energy (Retail) Pty Ltd ABN 21 652 913 347
Call us: 13 14 04
Email: support@ampcharge.com.au
Find out more: ampcharge.com.au