Terms and Conditions

VESTRIMEDD LIMITED
UK EV INSTALLERS – TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS

PLEASE NOTE: The majority of the Products available from UK EV Installers are suitable for installation and use only by a qualified electrician. In the case of some Products, the manufacturer requires use of a manufacturer-approved installer – using a non-approved installer may adversely affect the functionality of such Products, and the manufacturer’s warranty may only be available if a manufacturer-approved installer is used.

You are responsible for your choice of products and their use, and should take guidance from a qualified installer before placing an Order. In any event, you are responsible for ensuring that your installation and use of the Products comply with all applicable laws and regulations applicable to electrical installations. We do not take responsibility for your product selection or the suitability of the products for any specific product for a particular use.

1 These terms and what they cover

1.1 These are the terms and conditions (the Terms) on which we supply our Products to you, irrespective of whether you place an Order by phone, email or via our Website.

1.2 Please read these terms carefully at the time you place an Order with us, as they set out important information about your rights and obligations and our rights and obligations. Please note that you must agree to these terms before we can accept your Order. If you do not agree to these Terms, please do not proceed to place an Order with us.

1.3 These Terms set out details of:

1.3.1 who we are;

1.3.2 the terms on which we supply our Products; and

1.3.3 other important information.

1.4 Under these Terms, you will have different rights depending upon whether you are a business customer or a consumer. Where a term applies just to a business customer or a consumer, this is clearly stated. Otherwise, the term will apply to both consumers and business customers.

You are a consumer if:

1.4.1 you are an individual; and

1.4.2 you are purchasing the Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or professional);and if you are acting in any other capacity, including as a sole trader or partner in a partnership, or if you provide a business or trading name to which we are to address our invoices, you are a business customer for the purpose of these Terms.

1.5 You must be at least 18 years old to place an Order with us. If you are placing an Order on behalf of a business, you confirm that you have authority to act on behalf of that business.

1.6 We may make changes to these terms at any time. However, the terms which apply to your Order will be:

1.6.1 where you have placed an Order via our Website (see Clause 4.3), those Terms set out on our Website at the time you submitted the Order to us; and

1.6.2 where you have placed an Order via phone or email (see Clause 4.4), those Terms in force at the time at the time of your Order, which will be available on our Website and linked or attached to the email by which we confirm our acceptance of your Order.

1.7 Please print out or save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you.

1.8 These Terms apply to the Contract to the exclusion of any other terms that you may seek to include, impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

1.9 The following are other terms that may apply to you and can be found on our Website:

1.9.1 our Privacy Policy which sets out details of how we collect, use and look after your personal data when you place an Order with us, or visit and use our Website;

1.9.2 our Cookies Policy, which sets out information about the cookies on our Website; and

1.9.3 our Website Terms of Use which govern how you may use our Website.
We recommend that you also read these carefully.

2 Who we are

2.1 We are Vestrimedd Limited, a company registered in England and Wales under company number 08718391. Our registered office is at: Copthorne Business Suite, Copthorne Way, Copthorne, West Sussex, United Kingdom, RH10 3PG (we, us, our). Our VAT number is: 201481258.

2.2 If you need to contact us, please do so by either:

2.2.1 sending an email to weborders@ukevinstallers.co.uk;

2.2.2 calling us on 0333 577 0565;2.2.3 post to 3 Trulls Hatch, Argos Hill, Rotherfield TN63QL; or2.2.4 completing the ‘Contact Us’ form on our Website.

3 Understanding these Terms

3.1 In the Terms the following words and expressions shall have the following meanings:

Control – shall be as defined in sections 450 and 451(2) of the Corporation Tax Act 2010, and the term Change of Control shall be
construed accordingly;

Contract – the contract for the supply of Products between us and you which comes into effect in accordance with Clause 4.5;

Charges – all fees, charges, costs and expenses payable to us under or in connection with the Contract;

Delivery Location – the location set out as such in our Order Confirmation;

International Delivery Destinations – has the meaning set out in Clause 9.1;

Liability Event – has the meaning set out in Clause 18.1;

Order – an order for Products;

Order Confirmation – our confirmation that we have accepted all or part of an Order, as further described in Clause 4.5;

Product – any product that is displayed and offered for sale on our Website from time to time;

Terms – these supply terms and conditions, as further defined in Clause 01.1;

Website – https://ukevinstallers.co.uk/ ;

Working Day – any day other than a Saturday, Sunday or public holiday in England when the clearing banks in the City of London are open for business and the term Working Days shall be construed accordingly;

Working Hours – the period from 09:00 to 17:00 on any Working Day.

3.2 A reference to:

3.2.1 a person includes a natural person, company, LLP, corporate, partnership, joint venture, association, trusts, unincorporated bodies and associations and that persons personal representatives, successors and permitted assigns;

3.2.2 the singular includes the plural and vice versa, and to the masculine shall include the feminine and neuter and vice versa;

3.2.3 a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;

3.2.4 writing or written excludes fax but includes email; and

3.2.5 an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.

3.3 The headings in these Terms are included for convenience only and shall not affect its interpretation or construction.

3.4 Any words following the terms include, including, in particular, for example or anything similar are illustrative only and none of them shall limit the sense of the words, description, definition, phrase or term preceding those terms and each of them shall be deemed to incorporate the expression without limitation.

4 Placing an Order and the basis of the Contract

4.1 An Order constitutes an offer by you to purchase those Products set out in the Order, in accordance with these Terms. You may place an Order with us via our Website or by contacting us using one of the methods set out in Clause 2.2.

4.2 Please check the Order carefully and correct any errors before you submit it to us.

4.3 Website Orders – Where you place an Order by our Website, you must accept these Terms at the time you place the Order with us. This does not mean that the Order has been accepted by us and it will only be accepted where we send you an Order Confirmation (see Clause 4.5, and please note that we retain certain rights in accordance with these Terms to vary or terminate a Contact after the Order Confirmation have been issued). Your Order is an offer to buy Products from us on these Terms.

4.4 Phone and Email Orders – Where you place an Order by phone or by email, you will be directed to review these Terms, which will be available on our Website and linked or attached to the email by which we confirm our acceptance of your Order. You must accept these Terms in order for us to accept and process the Order and any Order placed with us will be subject to these Terms. Please note this does not mean that the Order has been accepted by us. The Order will be accepted where we send you an Order Confirmation (see Clause 4.5). The Order is an offer by you to buy the Products (in the Order) from us on these Terms. If you do not receive an Order Confirmation from us, please contact us using the contact methods in Condition Clause 2.2 and, where we are unable to accept the Order we will issue a refund of any sums you may have paid in advance for the Order.

4.5 Acceptance of an Order by us takes place when we send you an email which confirms we have accepted your Order (Order Confirmation), at which point a legally binding Contract shall come into existence in respect of those Products set out in our Order Confirmation only.

4.6 We may choose not to accept all or part of your Order or terminate the Contract (at our discretion) in certain circumstances, including:

4.6.1 where we are unable to take payment or a credit reference is unsatisfactory;

4.6.2 where the Product you’ve ordered is unavailable or out of stock;

4.6.3 where you have not indicated acceptance of these Terms;

4.6.4 where your delivery location is outside the areas where we, through the courier services we use from time to time, can make delivery – we can generally deliver to most areas in the mainland UK and to Northern Ireland, and will inform you if delivery is not possible to your proposed delivery location;

4.6.5 there has been a mistake regarding the pricing or description of the Products; or

4.6.6 where, in our opinion, it is economically unviable to fulfil an Order (due to factors such as the Delivery Location, the value of the Order or the size of the Order; and where this happens, we will email you as soon as possible using the details you provided when you placed the Order and will refund any sums you have paid in respect of those Products we are unable to provide. We will endeavour to process such refunds promptly, but we note that the time take for the monies to be refunded to your account depends on third party banking processes which are outside our control. We have the right
to reject Orders for any reason.

5 Your rights to change an Order

If you would like to make any changes to an Order after you have submitted it to us, please contact us as soon as possible and we will let you know whether it is possible to change the Order.

6 Our rights to make changes

6.1 We can make a change to the Products:

6.1.1 to reflect changes in relevant laws and regulatory requirements; or

6.1.2 to make minor technical adjustments and improvements, for example to address a safety hazard.

6.2 We can suspend the supply of the Products in order to:

6.2.1 deal with technical problems or make minor technical changes; or

6.2.2 update Products to reflect changes in relevant laws and regulatory requirements.

6.3 Where we suspend the supply of a Product, we will contact you in advance to tell you, unless the problem is urgent or an emergency. If we suspend a Product for longer than 20 weeks, we will adjust the Charges, so you don’t pay for it while the Product is suspended. If we suspend supply, or tell you we’re going to suspend supply for more than 20 weeks, you can contact our customer service team to end the Contract and we’ll refund any sums you’ve paid in advance for Products which you won’t receive.

7 Products

7.1 Descriptions of our Products are set out on our Website.

7.2 The majority of the Products available from UK EV Installers are suitable for installation and use only by a qualified electrician. In the case of some Products, the manufacturer requires use of a manufacturer-approved installer – using a non-approved installer may adversely
affect the functionality of such Products, and the manufacturer’s warranty may only be available if a manufacturer-approved installer is used.

7.3 You are responsible for your choice of products and their use, and should take guidance from a qualified installer before placing an Order. In any event, you are responsible for ensuring that your installation and use of the Products comply with all applicable laws and regulations applicable to electrical installations. We do not take responsibility for your product selection or the suitability of the products for any specific product for a particular use.

7.4 Unless expressly stated otherwise in these Terms, any pictures, images, illustrations, drawings, descriptions, specifications, statements, or any other descriptive matter or advertising contained on our Website are for illustrative purposes only, for the sole purpose of giving an approximate idea of the Products referred to on the Website. They are not binding, nor do they form part of the Contract or have any contractual force. We do not hold out that our Products will be suitable for any particular use you may wish to make of them, and you should carry out your own investigations as to the suitability of the Products prior to placing an Order (including checking that the Products are compatible with any telecommunications network, system or technology with which they are intended to interoperate, and checking with the utility provider that the relevant Products are compatible with any energy tariff which they are intended to access).

7.5 All dimensions and measurements set out on our Website are as accurate as possible but there may be a small tolerance as set out in the relevant Product specification on our Website. All information and recommendations on our Website are for the purpose of guidance only.

7.6 All Products within our Order Confirmation are subject to availability, and we cannot guarantee that any Products will be available at any given time.

7.7 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain Products. If this happens and it affects any Products in our Order Confirmation, we will notify you by email, cancel the Contract in respect of the affected Product and provide you with a refund of any advance
payments made by you for any Products that have not yet been provided.

7.8 Whilst we do not provide any warranty or guarantee in relation to the Products available on our Website, some of the Products are sold with a manufacturer’s warranty, and we will include the details of such warranty is the delivery of your Products, where such warranty is included.

7.9 If you are a consumer, any Products are provided to you for your domestic and personal use only. You must not use them for commercial, business or resale purposes.

8 Delivery

8.1 Products may be delivered either by us, or directly from the manufacturer or supplier of the relevant Products and we will confirm such details in the Order Confirmation. Where we are delivering your Products, we (or a 3rd party courier service who we instruct) shall deliver, or you shall collect your Products (as specified in your Order) from the Delivery Location.

8.2 If no one is available to take delivery, we (or the 3rd party courier service) may leave an attempted delivery notification at the Delivery Location with information on how to re-arrange delivery or follow the delivery instructions you provided to us (e.g. leaving it in a specified safe location or delivering it to a neighbour or nearby business) or otherwise contact you, using any of the contact methods you provided when placing your Order, to let you know where your package has been left and any other relevant delivery information. We reserve the right to charge additional Charges for each attempt to deliver the Products to you after the first failed delivery. If you wish to cancel the re-delivery, then we are entitled to charge you an administration fee of the delivery cost.

8.3 If a further delivery attempt is unsuccessful, is not viable or we are unable to follow your delivery instructions, you will be notified of this and what options we may take, should we decide not to cancel the Order. Where we opt to cancel the Order we may refund you the price of such Products. Such refund will not include the Charge for standard delivery and any additional Charges we reasonably incur in attempting to re-deliver the Products to you.

8.4 Where:

8.4.1 you are a consumer, please examine the Products at the earliest opportunity after delivery and notify us of any fault or damage as soon as reasonably possible. We may only have 24 hours from the time of delivery to notify our courier service of any fault with or damage to the Products; and

8.4.2 you are a business customer, you must examine the Products at delivery and notify us of any fault or damage within 24 hours of delivery.

8.5 Once your Product has been delivered to the Delivery Location, risk in the Product passes to you and the Product will be classed as having been ‘delivered’. This means that you are responsible for the Product, and we are not liable to you if the Product is stolen or damaged after it has been delivered to you. This does not affect your legal rights if the Product is faulty or misdescribed. However, ownership of Product only passes to you when you have paid the Charges for the Products in full.

8.6 Where you have opted to collect your Products, you may collect your Products from our premises (details of which will be set out in the Order Confirmation) within 10 Working Days of us notifying you that the Products are ready for collection. Risk in the Products will pass to you on completion of the loading of the Products at our premises, at which time the Products are classed as having been ‘delivered’. Ownership of the Products passes to you once you have paid the Charges for the Products in full.

8.7 If you do not collect the Products within 10 Working Days of us notifying you that the Products are ready for collection or you do not accept delivery after our reasonable attempts to deliver the Products to you, we are entitled to treat the Contract as cancelled. In these circumstances, we may charge you additional sums for any losses which arose from your failure to collect or take delivery, and our reasonable costs for the storage of the Products prior to the expiry of the relevant period during which the Products were ready for collection or attempting to be delivered.

8.8 Information on delivery options and charges are available on our Website. You will be given available delivery options to choose from when you place an Order.

8.9 All estimated delivery timescales stated on our Website, during the order process or in our Order Confirmation, are estimates only and we reserve the right to update you of any change or variation to any date for delivery from time to time. Time for delivery is not of the essence of the Contract (unless we have agreed a specific delivery date with you). We are not liable to you for any losses you incur if delivery is delayed because of any circumstances beyond our reasonable control (for example severe weather, accidents or unpredictable traffic delays).

8.10 You are responsible for the disposal of packaging materials which you receive with your Order unless we have agreed otherwise in writing prior to delivery or collection.

9 International delivery

9.1 We deliver to mainland UK, Northern Ireland, the Channel Islands and the Isle of Man. If you require delivery outside of these locations (International Delivery Locations), please inform us and we may (as your agent) offer the following options:

9.1.1 assist you with instructing a 3rd party courier service to deliver your Products to the International Delivery Location; or
9.1.2 allow you to arrange collection of your Products from our premises (either by you or a 3rd party courier).

9.2 If you choose to proceed with this option set out in clause 9.1.1, you hereby agree and acknowledge that you shall enter into a direct contract with the 3rd party courier in respect of the delivery of your Products and you will be liable to pay the relevant delivery fee directly to the 3rd party courier. Any liability in relation to such delivery shall be between you and the 3rd party courier and we shall have no liability, obligations, or responsibility whatsoever in relation to such delivery.

9.3 If you order Products for delivery to one of the International Delivery Locations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes.

9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.

10 Charges and Payment

10.1 The price of our Products are set out on our Website, The Charges payable by you will be confirmed in our Order Confirmation. All prices are stated:

10.1.1 in pounds sterling (£)(GBP);

10.1.2 inclusive of VAT at the applicable rate; and

10.1.3 exclusive of delivery charges (and any import duties in relation to international deliveries). Such delivery charges will be stated separately either on our Website or any invoice we provide to you. For information on delivery options and costs, please see our Website.

10.2 We accept the payment by:

10.2.1 Amazon Pay;

10.2.2 Klarna; and

10.2.3 the following credit cards and debit cards:

(a) Visa;

(b) Visa-debit;

(c) Maestro; and

(d) MasterCard.

10.3 Please note that only one price promotion, discount or other offer as available from time to time will apply to your Order at any time and cannot be used in conjunction with other price promotions, discounts or offers which may also be available from time to time. For the avoidance of doubt, you may not take advantage of any price promotions, offers or discounts which we make available from time to time once the same has expired.

10.4 If there has been an error on the Website regarding the pricing of any of our Products and this affects your Order, we will try to contact you using the contact details you provided when you placed the Order. We will give you the option to re-confirm the Order at the correct price or to cancel the Order. If we are unable to contact you, we will treat the Order as cancelled and notify you by email.

10.5 All credit card and debit card payments need to be authorised by the relevant card issuer.

10.6 Unless we specifically agree otherwise in writing with you, all Products must be paid for in advance. We may take payment from your chosen payment method before we send you your Order Confirmation, however we will hold any payment we receive from you to your order until we have provided you with an Order Confirmation.

10.7 If we’re unable to collect any payment you owe to us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay to us the interest together with any overdue amount.

10.8 If we are unable to take payment from your chosen payment method and you are:

10.8.1 a consumer, we will try to contact you using the contact details you provided when you placed the Order. If we are unable to contact you, we will cancel the Order and notify you by email;

10.8.2 a business customer we will issue an invoice to you which shall be immediately payable.

11 Your obligations

11.1 Whether you are a business customer or a consumer, you shall:

11.1.1 ensure that the terms of the Order are complete and accurate;

11.1.2 prior to placing an Order, carry out your own investigations as to the suitability of the Products (including checking that the Products are compatible with any telecommunications network, system or technology with which they are intended to interoperate, and checking with the utility provider that the relevant Products are compatible with any energy tariff which they are intended to access);

11.1.3 co-operate with us in all matters relating to the Products (if applicable), including by:

(a) preparing the Delivery Location for the delivery of the Products and complying with all applicable laws, including health and safety laws where you are a business customer;

(b) providing us, and our employees, agents, consultants and subcontractors with access to the Delivery Location other facilities as reasonably required by us; and

(c) ensure that you, or an appropriate third-party representative, are available and present at the Delivery Location at the time the Products are to be delivered in order to liaise with our personnel in relation to your requirements.

11.2 Where you are a business customer:

11.2.1 we may check your credit rating prior to agreeing credit terms with you or otherwise entering into a contract with you; and

11.2.2 you must pay all amounts due to us under these Terms by the due date and in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11.3 Whether you are a business customer or consumer, we may charge you additional sums by giving notice to you, if:

11.3.1 you do not provide us with the information we have requested including how we can access the Delivery Location for delivery of the Products;

11.3.2 your requirements for Products change, increase or otherwise vary from your initial requirements set out within your Order;

11.3.3 our provision of the Products is delayed due to an act or omission on your part. In this instance, any outstanding balance of the Charges or deposit shall become payable by you, in additional to any storage, insurance or other costs, expenses or charges; or

11.3.4 we have to store the Products on your behalf.

11.4 If the rate of VAT changes between the date of your Order and the date we supply the Product and/or Services, we will adjust the rate of VAT that you pay to reflect such changes, unless you have already paid in full before the change in the rate of VAT takes effect.

12 Consumer cancellation rights – This Clause 12 only applies to you if you are a consumer.

12.1 You have the right to change your mind and cancel your Order in respect of Orders for Products. You have 14 days from the delivery date to cancel your Order.

12.2 To cancel your Order, please either email us using the email address set out in Clause 2.2 or use the cancellation form available at the end of these Terms. To help us process your cancellation more quickly, please have your Order number ready or include it in the email or on the cancellation form that you send to us.

13 Returning Products if you exercise your rights to cancel an Order under Clause 12 – This Clause 13 only applies to you if you are a consumer.

13.1 If you cancel an Order for Products and you have already received the Products, you must return the Products to us within 14 days of telling us that you want to cancel your Order. The deadline is met if you send the Products back to us before the 14-day period has expired. You must send the Products back to us using an established delivery service. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the Products back from you or until you have provided us with evidence that you have sent the Products back (whichever is earlier).

13.2 Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. You are responsible for the Products while they are in your possession, and the value of your refund may be diminished if you have handled the Products in a way beyond what might reasonably be permitted in a shop. The loss of value will be determined by us, or by the original supplier of the Product. In particular, please note that cosmetic damage to cables and similar products can occur during use unless these are handled with care to avoid such damage, for example by preventing scratches and abrasions caused by contact with hard surfaces.

13.3 Unless the Products are faulty or misdescribed, you are fully responsible for the cost of returning these to us.

14 Refunds if you cancel your Order – This Clause 14 only applies to you if you are a consumer.

14.1 If you exercise your right to cancel an Order for Products under Clause 12, we will provide you with a refund as soon as possible, and in any event, within 30 days from the date your Order was cancelled.

14.2 If you cancel an Order for Products and have already received the Products, we will issue the refund no later than 30 days after the day we receive the Products back from you or, if earlier, you provide us with evidence that you have sent the Products back. Otherwise, we will issue the refund no later than 30 days after the day on which you told us that you want to cancel.

14.3 Your refund will be subject to the following deductions:

14.3.1 if you have chosen a delivery option as part of your Order, the costs of such delivery option;

14.3.2 if you handled the Products in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the Products, we may make a deduction from the refund for such loss in value; and

14.3.3 where you are a business customer, if you have paid for your Order using Klarna, an administration fee equivalent to 5% of the total value of the Order.

14.4 We will issue your refund to the same payment method you used to pay for the Order.

15 Faulty Products or Services – This Clause 15 only applies to you if you are a consumer.

15.1 Any Products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply Products that are in conformity with our Contract with you.

15.2 During the expected lifespan of any Products that you have purchased from us, you are entitled to the following:

Up to 6 months: If your Products are faulty, you can get an immediate refund.

Up to 30 days: If the Products cannot be repaired or replaced, then you are entitled to a full refund in most cases.

Up to 6 years: If the Products do not last a reasonable length of time, you may be entitled to some money back.

15.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in Clause 12 above. For more detailed information on your rights, visit the Citizens Advice Website at www.citizensadvice.org.uk or call 0808 223 1133.

15.4 If there is a problem with any Products you have purchased from us, please contact us as soon as reasonably possible. To assist us in helping you, you should:

15.4.1 notify us by email at returns@ukevinstallers.co.uk
as soon as possible;

15.4.2 provide us with detailed information as to the fault with the Product, such as clear photos, to enable us to examine the Products and investigate the fault;

15.4.3 allow us a reasonable period of time to investigate the fault; and

15.4.4 return the Product to us if directed to do so by us; and

15.4.5 comply with any additional requirements which our supplier may have in relation to the return of the Products.

16 Faulty Products or Services – This Clause 16 only applies to you if you are a business customer.

16.1 We warrant that any Products you purchase will, on delivery (as described in Clause 8.5):

16.1.1 conform in all material respects to their descriptions on the Website;

16.1.2 be free from material defects in design, material and workmanship; and

16.1.3 be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

16.2 Subject to you complying with your obligations under Clause 16.3, we will repair or replace any Products that do not comply with Clause 16.1.

16.3 If there is a breach of Clause 16.1 you must:

16.3.1 notify us by email to returns@ukevinstallers.co.uk
as soon as possible;

16.3.2 provide us with sufficient information as to the nature and extent of the defects, including photos, to enable us to reproduce the errors or investigate the defect;

16.3.3 give us a reasonable opportunity to examine the defective Products or otherwise investigate the defect; and

16.3.4 return the defective Products to us at your expense; and

16.3.5 comply with any additional requirements which our supplier may have in relation to the return of the Products.

16.4 Clause 16.2 sets out your sole and exclusive remedy for any breach of Clauses 16.1.

16.5 Except as set out in this Clause 16, we give no warranties and make no representations in relation to the Products, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979 and sections 12–16 of the Supply of Goods and Services Act 1982, and any implied terms relating to the ability to achieve a
particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

17 Our liability to consumers- – This Clause 17 only applies to you if you are a consumer.

17.1 If we breach these Terms or are negligent, we are liable to you for loss or damage that you suffer unless the loss is:

17.1.1 Unexpected. If it was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it;

17.1.2 Caused by an event outside our control. If it was caused by an event, circumstances or causes beyond our reasonable control;

17.1.3 Avoidable. Where you could have avoided the loss by taking reasonable action;

17.1.4 A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited in accordance with Clause 18.

17.2 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

18 Our liability to business customers – This Clause 18 only applies to you if you are a business customer.

18.1 The following terms set out our entire liability (including any liability for the acts and omissions of our employees, agents, representatives and sub-contractors) in respect of:

18.1.1 any breach of our contractual obligations arising under or in connection with the Contract;

18.1.2 any use made by you of the Products, any misrepresentation, misstatement or tortious act or omission including negligence but excluding any of the same made fraudulently arising under or in connection with these terms; or

18.1.3 any other provision of these Terms and/or the Contract.
(a Liability Event).

18.2 Notwithstanding anything to contrary in these Terms, nothing in the Contract will limit or exclude our liability for:

18.2.1 death or personal injury caused by negligence;

18.2.2 fraud or fraudulent misrepresentation; or

18.2.3 any other losses which cannot be excluded or limited by law.

18.3 Subject to Clause 18.2, our total liability in respect of all Liability Events shall be limited to 100% of the Charges paid for the Products under the Contract.

18.4 Subject to Clause 18.2, we shall not be liable to you in respect of any Liability Events for any loss or damage which may be suffered by you (or any person claiming through or under you) whether the same are suffered directly or indirectly or are immediate or consequential and whether the same arise in contract tort (including negligence) or otherwise howsoever, which fall within any of the following categories:

(a) loss of profit;

(b) loss of turnover;

(c) loss of anticipated savings;

(d) loss of goodwill and damage to reputation;

(e) loss of business opportunity;

(f) loss or corruption of data;

(g) loss or corruption of software or systems;

(h) loss or damage to equipment; or

(i) any special, indirect or consequential loss;

provided that this Clause 18.4 shall not prevent claims for direct financial loss that are not excluded by Clauses 18.5.1 to 18.5.5 (inclusive).

18.5 We shall not be liable for any damage or losses to the extent they arise result of or in connection with:

18.5.1 any failure by you to observe and perform your obligations under these Terms;

18.5.2 any unauthorised or incorrect access or use of the Products or use other than in accordance with these Terms or our instructions;

18.5.3 any modification or alteration of the Products by any party other than us;

18.5.4 errors or omissions in any Products to the extent they are based on and/or relate to the measurements, diagrams, drawings, information or a specification provided by you or your employees, agents or representatives to us; or

18.5.5 any actions taken by us at your direction.

18.6 If a number of Liability Events give rise substantially to the same loss, then they shall be regarded as giving rise to only one claim under the Contract.

18.7 We shall have no liability to you in respect of any Liability Event unless you serve notice of the same upon us within 3 months of the date you become aware or ought to have become aware of the consequences of the Liability Event.

19 Our rights to end the Contract

19.1 We can end the Contract and claim compensation due to us if:

19.1.1 you don’t make any payment to us when it’s due and you still don’t make payment within [5] days of our reminding you that payment is due;

19.1.2 you don’t provide us with the information or cooperation we need to provide Products within a reasonable time of us asking for the same;

19.1.3 you don’t allow us to deliver Products to you or you don’t collect them from us (as applicable) within a reasonable time. If you have said you will collect a Product but you don’t do this within [10] days of us notifying you the Products are ready for collection, we will treat the Order as cancelled.

19.2 We may also end all or part of the Contract if one of the circumstances in Clause 4.6 applies.

19.3 Where you are a business customer, we can end the Contract with immediate effect by written notice to you if:

19.3.1 you commit any material breach of any term of these Terms which is not capable of remedy;

19.3.2 you commit a material breach of any term of these Terms which is capable of remedy, and you fail to remedy the same within 30 days of a written notice from us giving particulars of the breach and requiring it to be remedied;

19.3.3 you make a proposal for a voluntary arrangement within Part I of the Insolvency Act 1986 or a proposal for any other composition, scheme or arrangement with (or assignment for the benefit of) its creditors generally or if you shall be unable to pay its debts as they fall due within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrator, administrative receiver or similar officer is appointed in respect of all or any part of your business or assets or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of your business or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction);

19.3.4 you (being an individual but not a consumer) are deemed either unable to pay your debts or having no reasonable prospect of doing so or are the subject of a bankruptcy petition or order;

19.3.5 you cease to carry on your business or substantially the whole of your business or threaten to do any of the same;

19.3.6 if any event analogous to that set out in Clauses 19.3.3 and 19.3.4 occurs in any jurisdiction in which you are incorporated or resident or carry on your business; or

19.3.7 you undergo a Change of Control.

20 Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our Website, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

21 Complaints

21.1 If you are unhappy with us or the Products we have provided to you, please contact us at:

weborders@ukevinstallers.co.uk.

22 General

22.1 Events outside our control. We shall not be deemed to be in breach of these Terms or otherwise liable to you in any manner whatsoever for any failure or delay in performing our obligations under these Terms due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.

22.2 Warranties. If you are a business, except as expressly set out in these Terms, all warranties, conditions terms and undertakings, express or implied, statutory or otherwise are excluded to the fullest extent permitted by law.

22.3 Assignment. You are not allowed to assign, charge or otherwise transfer your rights under these Terms to anyone without our prior written consent. We may transfer our rights under these Terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

22.4 Third Party rights. The Terms are between you and us. No other person shall have any rights to enforce any any of these Terms. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provisions of these Terms.

22.5 Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking Terms, this will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

22.6 Severance. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms will not be affected.

22.7 If you are a business customer, any variation to these Terms shall not be effective unless expressly agreed in writing between you and us.

22.8 If you are a business customer, you and we both agree that these Terms (and any documents expressly referred to in them) constitute the entire agreement between you and us in relation to your Order and supersede any subsisting agreements, arrangements, understandings, negotiations, discussions or correspondence (written or oral, express or
implied) relating to the subject matter of these Terms. You acknowledge that you have not entered into these terms in reliance on any representation, warranty or undertaking (whether made innocently or negligently) that is not expressly set out in these Terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these Terms.

23 Notices.

23.1 If we are providing notice to you, we shall send such notice to the email address you provide to us. Notice can be provided to us in connection with these Terms by email to:

returns@ukevinstallers.co.uk.

23.2 Any notice shall be deemed to have been received the next Working Day.

23.3 This Clause 23 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

24 Governing law and jurisdiction

24.1 If you are a consumer, these Terms are governed by English law and you can bring legal proceedings in respect of the Terms in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Terms in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Terms in either the Northern Irish or the English courts.

24.2 If you are a business customer, these Terms and any dispute or claim arising out of, or in connection with the Terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. You and we both irrevocably agree that the courts of England and Wales will have exclusive
jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, their subject matter or formation (including non-contractual disputes or claims).

 

 

Cancellation Form
(Complete and return this form only if you are a consumer who has bought Standard Products and wishes to withdraw from the Contract)

To: UK EV INSTALLERS
Copthorne Business Suite,
Copthorne Way,
Copthorne,
West Sussex,
United Kingdom,
RH10 3PG


I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Products:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate