Terms and Conditions

General terms and conditions for the supply of Electric Vehicle Charge Points & Service Plans.

Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. Your purchase of any of the products offered on the Site (Products) is subject to these terms and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy Policy.

We reserve the right to change these terms and conditions from time to time by changing them on the Site.  These terms and conditions were last updated on 3rd December 2021.

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the site, or the entire site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

Except as set out in the Terms of Supply  below, you may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

Intellectual Property Rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

”Buyer” means the organisation or person who buys Goods from Zapcharged;

“EV units” means the articles to be supplied to the Buyer from Zapcharged;

“List Price” means the list of prices of the EV units maintained by the Seller as a The price of Products is as quoted on the Site from time to time.

Prices include VAT but exclude delivery costs, which will be added (at the cost shown) to the total amount due when you view the items in your shopping basket once you have selected your chosen different delivery method.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page, or via BACS. We accept payment by most major credit and debit cards, excluding AMEX. We will charge your credit or debit card when you place an order.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

Amended from time to time.

“Installation Requirements” means any written installation requirements with respect to the Goods issued by Zapcharged to the Buyer together with the supply of the Goods;

“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

“Invoice” means the invoice or receipt issued by Zapcharged to the Buyer with respect to the supply of the Goods; “Zapcharged” means Zapcharged Group 85, Great Portland Street London W1W 7LT

Terms of Delivery

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address within the United Kingdom you specify when placing your order.  If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by reputable delivery companies and usually take place on Monday to Saturday, excluding bank and public holidays. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

Deliveries will be made to your door. Our courier will not be responsible for any additional carrying, unpacking or positioning of Product(s), nor will we be responsible for installation services agreed between you and any third party offering such services.

Ordering and Availability

To order any Product, you must be at least 18 years of age. By doing so, you confirm to us that you meet this requirement.

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Place order” button on the checkout page.

After placing an order, you will receive an acknowledgment from us that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Place order” button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance by sending you a confirmation that your order has been despatched (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.

Installation

Our terms and conditions cover what is included in your standard install and what happens if we need to quote for extra works.

Sometimes issues arise on the day that mean we can’t complete your install on the first visit, but if we know about these in advance, we can often resolve them beforehand.

So, for the best experience, if you think there’s any reason why we might not be able to complete your install on the day, please let us know.

What’s included?

Zapcharged.com standard installation package for the Zapcharged Ev Unit covers the majority of businesses in the UK and includes the following:

• Fitting of a Zapcharged Ev unit on a stand, brick or plaster wall, or to another suitable permanent structure.
• Up to 10 meters (33 feet) of cable, run and neatly clipped to the wall between the electricity supply meter / distribution board and the Ev unit.
• Routing of the cable through a drilled hole in a wall up to 500mm (20 inches) thick, if this is needed.
• The fitting and testing of electrical connections and protections required for the Ev unit.
• An additional three-way consumer unit, if required.
• Installation of a Type C MCB and a Type A RCD in an RCBO enclosure.
• Up to 3 meters (10 feet) of plastic conduit to conceal interior wiring.
• An earth rod in soft ground, if required.

 

Certain conditions and limitations that you need to know:

• The Ev unit must be located in your designated off-street parking area and be fixed at a height where it can’t be hit by a vehicle.
• We can’t fix the cable higher than 1.8 meters (6 feet) above the ground. If fixing higher than this is unavoidable then the installation may need to be paused – in that case we will quote for any extra work needed.
• We can’t, as part of the standard package, trench the cable underground or suspend it above ground – if something like this is required please talk to us so that we can give you a quote in advance. If we find out on the day that we have to cross a garden or a pathway we may need to pause the job and quote for the extra work needed to trench the cable.
• When you are using your charger the EV charging lead must remain on your property and must not create a trip hazard for you or anyone else.
• We can’t run cable under floorboards or through ducting / ceiling voids / wall voids without a draw cord (to pull the cable through), or if the floorboards have not been lifted. We can’t take responsibility for reinstating flooring or other building materials after the cable has been laid.
• Our experts are not able to work in crawl spaces, on roofs or in lofts if it is deemed unsafe by them.
• Our experts are not able to work in extreme weather (i.e. flooding or intense rain). If it is not safe to carry on, our expert will do as much as they can and we will return at a later date.
• If you have purchased a freestanding mount for the Ev unit to be fitted on please be aware that there may be an additional cost for installing this.

What happens if we find that your existing wiring isn’t up to the required standard?

• Zapcharged follows BS7671 2008/2015 Amendment 3 Standard Regulations and NICEIC and NAPIT guidelines on Electric Vehicle installations.
• If we can’t install in line with these rules then your installation will be paused and we will quote for the work needed to meet the required standards.
• If the existing electrical arrangements at the property are not in line with these rules or there is something else that makes it unsafe for us to install then we will quote for the work needed to meet the required standards…

What happens if your electrical supply is inadequate?

We can only complete the job if the electrical capacity (i.e. main fuse) can support the additional electrical demands of the EV unit. If the capacity is not sufficient, we might be able to install the unit or we may have to pause the job until your main fuse is upgraded by your electricity supplier.

Timing

We allocate 2 hours for standard installations per charge point. If we can’t complete on the day because of supply related problems or unexpected extra works then we will reschedule an installation date once the additional works are complete or our quotation for the work has been accepted.

Additional works:

• If required, your installation Zapcharged Expert will detail required works and provide a no obligation quotation for these services. Quotations are valid for a period of 30 days once issued.
• If the additional works are minor (less than 1-hour additional works) and can be completed on the day, you will be eligible for a discount if you decide to pay and proceed on the day.
• If it is determined that an installation cannot be completed on the day, Zapcharged will quote for additional works, and a new installation date will be given once payment has been made. Please allow up to 14 working days for a new installation date.
• If you’re Zapcharged Expert suspects that the installation will not comply with the OZEV grant requirements (see OZEV terms and conditions below), your installation will be paused. Should you disagree with that assessment, you will be given an opportunity to contest this by providing Zapcharged with information to state your case to the government, which we can then pass on to the DVLA/OZEV for pre-approval. Should Zapcharged receive approval to proceed, a new installation date will be given, please allow up to 14 working days for a new installation date.

GENERAL TERMS

These Terms and Conditions shall apply to the sale of Goods by Zapcharged to the Buyer to the exclusion of all other terms and conditions referred to, implied, offered or relied on by the Buyer, by trade, custom, practice or in the course of dealing, whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Zapcharged.

PRICE AND PAYMENT

The price for the Goods shall be that price stated in the Invoice, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs.

Unless otherwise agreed in writing between the Buyer and Zapcharged, payment of the price and VAT and any other applicable payments under these Terms and Conditions shall be due from the Buyer by credit/debit card or bank transfer payment against an Invoice upon ordering the Goods from Zapcharged.

Zapcharged shall be entitled to charge interest on overdue payments from the date when payment becomes due from day to day until the date of payment is received in full by Zapcharged at a rate of 4.00% per annum above the base rate of the Bank of England.

If payment of the price or any part thereof is not made when due, Zapcharged shall be entitled to:

Require payment in advance of delivery in relation to any Goods not previously delivered;

Refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery; and/or terminate the contract with the Buyer.

DELIVERY

Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by Zapcharged. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

The date of delivery specified by Zapcharged is an estimate only.

RISK

Risk of loss and damage to the Goods shall pass to the Buyer when the Goods are installed at the Buyer’s premises, except that if the Goods are delivered and stored at the Buyer’s premises prior to installation, risk of loss and damage to the Goods shall pass to the Buyer during such period of storage. If the parties have agreed that the Buyer shall install the Goods itself, risk of loss and damage to the Goods shall pass to the Buyer upon delivery.

RETENTION OF TITLE

Title to the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until Zapcharged has received cleared payment in full: (i) for such Goods in accordance with these Terms and Conditions; and (ii) of all outstanding amounts (including interest) due from the Buyer to Zapcharged under this and all other contracts between Zapcharged and the Buyer.

3 Year Warranty:

The manufacturer’s warranty does not apply in the event of a fault or damage arising from any of the following causes:

Maintenance performed by any person not appointed or authorised by Zapcharged;

Installation of the Goods not carried out by Zapcharged or one of its contractors;

Damage caused by theft or vandalism or any other third-party act;

Misuse or use of any kind of the Goods by the Buyer or any person for whom the Buyer is responsible that is not in accordance with any other oral or written instructions issued by Zapcharged regarding the storage, installation, commissioning, use or maintenance of the Goods;

Unauthorized opening of the Goods by the Buyer or any person for which the Buyer is responsible;

Natural disasters: earthquakes, lightning, wind or water damage, and problems caused by fire or similar events;

Unsuitable storage conditions;

Modifications, additions or any other interference with the Goods by the Buyer, or any other party, or the electric vehicle, including software modifications, without the prior written consent from Zapcharged; and

Normal ageing and wear-and-tear of the Goods (i.e.: discoloration, normal corrosion).

Save where the Buyer has entered into an ongoing maintenance services contract with Zapcharged with respect to the provision of “on-site” maintenance services, faulty Goods being repaired or replaced under Zapcharged warranty shall be removed and returned to Zapcharged’s premises. If the fault is found to have arisen due to any reason for which Zapcharged’s warranty does not apply, the costs of the removal, repair, replacement, transportation, delivery, reinstallation, diagnostics, call-out fees and any other costs will be the responsibility of the Buyer. Zapcharged reserves the right to suspend the performance of any repair or replacement of the Goods in accordance with manufacturer’s warranty at any time until the Buyer has paid in full for such repair, replacement and/or associated costs for which the Buyer may be responsible.

Repair, modification or replacement of parts during the warranty period will not extend the original warranty period of the Goods.

Where the Goods have been manufactured and supplied to Zapcharged by a third party, any warranty granted to Zapcharged in respect of the Goods shall be passed on to the Buyer.

If the Buyer has subscribed to, and paid for, any ongoing maintenance services contract, the terms of such contract shall prevail over these Terms and Conditions with respect to the repair or replacement of any faulty Goods.

Upon receipt of any Goods returned under the manufacturer’s warranty, Zapcharged will examine and attempt to remedy any defects identified at its own expense and by whatever means Zapcharged deems appropriate. Under this warranty, Zapcharged reserves the right to supply new or reconditioned equipment to the Buyer, or by way of repairing the product in the manufacturer’s workshops and/or at the point of installation.

Any part or component in the Goods replaced under the manufacturer’s warranty will become the property of Zapcharged.

Except for exclusions Zapcharged shall have no liability to the Buyer in respect of the failure of the Goods to comply with these Terms and Conditions.

LIABILITY

All implied terms, conditions, representations or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made by Zapcharged or not) are, to fullest extent permitted by law, hereby excluded from the sale of the Goods to the Buyer under these Terms and Conditions.

The Buyer shall indemnify Zapcharged and/or any of Zapcharged’s contractors, servants, employees and agents against any claim, loss or damage (including indirect and consequential losses), injury, fine or penalty suffered as a result of any act, omission or breach of these Terms & Conditions including the use of the Goods that is not in accordance with the User Guide or any interference, opening up, tampering,

modification of or with the Goods, in each case, by the Buyer or persons for whom the Buyer is responsible.

LIMITATION OF LIABILITY

Nothing in the Terms and Conditions limits any liability of either party which cannot legally be limited, including but not limited to liability for:

Death or personal injury caused by negligence;

Fraud or fraudulent misrepresentation; and

Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

Subject to above, Zapcharged’s total liability to the Buyer shall not exceed the price paid for the Goods. Zapcharged’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the sale of the Goods.

To the extent permitted by applicable law and save as provided by above, neither party shall be liable to the other with respect to the following types of loss:

To the extent permitted by applicable law and save as provided by above, neither party shall be liable to the other with respect to the following types of loss:

• Loss of profits;
• Loss of sales or business;
• Loss of agreements or contracts;
• Loss of anticipated savings;
• Loss of use or corruption of software, data or information;
• Loss of or damage to goodwill; or
• Indirect or consequential loss.

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Zapcharged, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest and remain vested in Zapcharged by the execution of appropriate instruments or the making of agreements with third parties.

FORCE MAJEURE

Zapcharged shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, UK Government restrictions, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Zapcharged shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Zapcharged considers unreasonable, it may, without liability on its part, terminate the contract with the Buyer.

RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

ASSIGNMENT AND SUB-CONTRACTING

The contract between the Buyer and Zapcharged for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of Zapcharged.

WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

PERSONAL INFORMATION AND USAGE DATA

Zapcharged undertakes that personal information of the Buyer will be safeguarded and processed in accordance with the requirements of the Data Protection Act 2018 as set out in our Customer Privacy Notice.

The Buyer gives its permission for government departments, public bodies, utilities, licensed energy suppliers and Zapcharged to use the electric usage data from the Goods (in an anonymised form) to inform future strategy and policy development.

GOVERNING LAW

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.

JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.