Evolt Charging Installation Supplemental Terms

Installation Supplemental Terms

1. General

1.1

The present Supplemental Terms apply to any Installation Services purchased by Customer under an Order.

1.2

Capitalised terms used in these terms and not otherwise defined herein shall take the meaning as defined in the General Terms of Sale.

2. Scope of Installation

2.1

EVOLT shall perform the Installation in accordance with the scope of Works detailed in/appended to the Order.

2.2

Any additional work beyond the scope of the Order will be subject to additional charges. The Order does not include any disconnections, diversions or reinforcement works other than those stated within the scope of works.

2.3

All plant and materials, unless otherwise specified in the Order, are to be supplied by EVOLT and are quoted at today’s prices. Should the raw material costs between Quotation and start of the works inflate by more than five (5) percent EVOLT reserves the right to alter the offer.

2.4

To the extent the Installation include supervision, EVOLT’s only obligation is to provide correct instructions. EVOLT will not be liable for the performance of third parties or Customer’s personnel.

2.5

If Installation is provided at Customer’s site, EVOLT will:

provide the Installation Services during normal local business hours (excluding weekends and holidays); and

comply with Customer’s reasonable site rules provided in writing prior to performance starts.

2.6

Clear and uninterrupted access to the site must be provided for the duration of the project. Any delays in access may result in additional charges.

2.7

EVOLT may direct and allocate personnel for the Installation at its discretion and is responsible for all compensation and other employment benefits of EVOLT’s employees.

3. Customer’s Contributions

3.1

Unless otherwise expressly agreed in the Order, Customer shall be responsible for providing the following contributions:

the environment and opportunity for EVOLT to start work on time, without interruption, and with adequate and legally compliant health and safety measures in place for on-site work;

qualified personnel with the necessary know-how and decision-making ability;

a secure internet connection and authorised access to Customer’s or third-party systems (as required);

reasonable support to ensure that all obligations required by competent authorities for the commissioning, acceptance and use of the Installation and Hardware are met;

timely acceptance (where required), input, and feedback;

lockable rooms for storage and adequate working areas for EVOLT and its subcontractors, including appropriate sanitary facilities; and

the suitability, condition, and readiness of the installation site;

all necessary and accurate information relating to the site, including the location of utilities, sub-surface conditions, concealed electric, gas, water, and fibreoptic lines or similar installations/existing infrastructure, and the static and sub-surface conditions of the site.

obtain any permits and approvals from relevant authorities;

ensure cooperation by any third parties retained by Customer.

ensuring the availability and adequacy of utilities, including electrical capacity, grid connection, and telecommunications connectivity;

coordination with any third-party contractors, operators, or authorities, including distribution network operators.

any additional Contributions as set out in the Order.

3.2

EVOLT shall be entitled to rely on all information provided by Customer and shall not be liable for any inaccuracies or omissions in such information.

3.3

If EVOLT encounters unforeseen site conditions, inaccurate information, or third-party delays which:

(i)

affect the performance of the Installation Services; or

(ii)

result in additional cost or time,

EVOLT shall be entitled to an equitable adjustment to the price and/or schedule.

3.4

Any failures, delays or increased costs arising from matters for which Customer is responsible under this Clause shall not constitute a breach by EVOLT.

4. Scheduling and management

4.1

EVOLT is not responsible for Customer’s scheduling, planning, project management, or any resulting delay or cost.

5. Hazardous materials and environmental conditions

5.1

If Installation is provided at Customer’s site, Customer will:

handle, store, dispose, and remediate the effects of any hazardous waste, hazardous materials on-site (including asbestos), geological or geothermal conditions, archaeological findings, or other conditions that require special treatment or have a negative effect on the Installation or the environment;

provide adequate and suitable parking, access (unless otherwise stated), welfare facilities, stock fencing and secure compound for the duration of the works.

5.2

Customer will refund EVOLT for all costs caused by the discovery of handling of any such materials or conditions. If a health and safety risk arises during the provision of the Installation, EVOLT may suspend the Installation until such risks are removed.

6. Delivery and performance

6.1 Acceptance

6.1.1

Acceptance of the Installation is not required unless agreed otherwise in the Order.

6.1.2

If in the Order acceptance is required:

EVOLT will issue a notice of completion if the Installation or an agreed phase are ready for acceptance; and

Customer will accept (“Acceptance”) unless the Installation is carried out in breach of these Supplemental Terms. In this case, Customer will describe the breach in a written notice of rejection and EVOLT will:

•

remedy it within a reasonable time (or as agreed by the parties); and

•

resubmit for acceptance.

6.1.3

The Installation or agreed delivered phase are deemed accepted on the earlier of five (5) business days from completion notice if Customer has not given a rejection notice, or the date the delivered phase is put into productive use (energised) (“Deemed Acceptance”).

6.2 Charges and Invoicing

6.2.1

EVOLT shall invoice Customer the Charges upon Acceptance or Deemed Acceptance.

6.3 Delay

6.3.1 Liquidated damages

Unless otherwise expressly agreed in an Order, any targeted dates for installation shall be intended as an estimate and shall not be binding. Where Installation date has been expressly agreed as binding and is delayed solely due to EVOLT and Customer suffers a loss, EVOLT will, after a grace period of two (2) working weeks, pay liquidated damages equal to 0.5% of the price for the delayed phase of the Installation for every full week of delay. Liquidated damages shall not exceed in aggregate five (5) percent of the price for the delayed phase.

6.3.2 Design

Any revisions to the design at the Customer’s request will incur additional charges and these changes may also result in a delay in the delivery.

6.3.3 Termination for delay

Customer may only terminate the Order for delay if:

the maximum liquidated damages are payable; and

a reasonable additional delivery or performance period has expired.

6.3.4 Exclusive remedy

This clause 6.3 sets out EVOLT’s entire and exclusive liability for any delay in Installation and excludes all of Customer’s other rights and remedies for delay.

6.3.5 Legal Aspects

No allowance has been made for EVOLT to obtain any third-party working rights or legal consents.

During Installation there will be legal aspects relating to the works that will be Customer’s responsibility or that of the third party undertaking the works. These will need to be addressed prior to the energisation of the network. This may include but not limited to:

•

wayleaves / easements;

•

substation lease arrangements;

•

appointment of energy supplier;

•

appointment of meter operator EVOLT;

•

any other document specific to the adopting Distribution Network Operator (DNO) or Independent Distribution Network Operator (IDNO).