MAINTENANCE SUPPLEMENTAL TERMS
1. General
1.1
These Supplemental Terms govern the provision of Maintenance Services to Customer, in addition to the General Terms of Sale.
1.2
If Customer purchases Maintenance Services as part of the Offerings, the following terms will apply.
1.3
Capitalised terms not otherwise defined herein have the meaning given in the General Terms of Sale.
2. Definitions
Correction Plan: takes the meaning set out in the Service Levels Schedule.
Escalation Process: takes the meaning set out in the Service Levels Schedule.
Equipment: means the EVCP, and associated equipment, including any POI Device maintained by the EVOLT as set out in the Equipment List in the Order.
Equipment List: means the list of Equipment installed at the Site which is to be maintained by the EVOLT under the applicable Maintenance Services.
EVCP: means the EVOLT electric vehicle charging point (EVCP) units.
Commissioning: means the connection of Equipment to the back-office software, and Commission shall be construed accordingly.
Commissioning Certificate means a certificate confirming that the Commissioning of Equipment has been successfully completed.
Location(s): site(s) where the Equipment is located
Maintenance Services: means the maintenance services to be provided by EVOLT as set out in the Order.
First Line Maintenance Services: the following services to be undertaken by Customer to assist in keeping the Equipment in optimal working order:
a.
any routine cleaning, or maintenance in accordance with instructions issued by EVOLT;
b.
the provision of electrical power network supply to the Equipment; and
c.
all other operating activities as defined in the EVOLT’s instructions or documents provided.
Replacement Parts: all spare components and subassemblies of the Equipment supplied for installation in the Equipment as part of the provision of the Offerings.
Service Levels: means the service levels applicable to the performance of the Maintenance Services, as set out in the Service Levels Schedule.
Service Level Report: takes the meaning set out in the Service Levels Schedule.
Service Level Schedule: the schedule appended to these Maintenance Supplemental Terms
Service Measurement Period: takes the meaning set out in the Service Levels Schedule.
Third Party Equipment: any equipment, hardware or software not supplied by EVOLT.
3. Maintenance Services Description
3.1
The Maintenance Services may include:
•
preventive maintenance of EV charging equipment;
•
corrective maintenance and fault repair;
•
software updates and configuration;
•
replacement of defective components.
4. Supply of Maintenance Services
4.1
EVOLT shall provide the Maintenance Services in accordance with the Service Levels.
4.2
EVOLT shall only provide Maintenance Services to the Equipment listed in the Order.
4.3
The supply of Maintenance Services is subject to the Customer:
a.
providing information regarding any faults or issues with the Equipment, including, identification details of the Equipment;
b.
notifying the EVOLT promptly if the Equipment is discovered to be defective or malfunctioning or has failed;
c.
keeping the Equipment in the environmental conditions recommended by EVOLT‘s instructions and guidance as provided from time to time;
d.
not allowing any other person than the EVOLT to adjust, maintain, repair, replace or remove the Equipment or any part of it, unless otherwise agreed by the EVOLT;
e.
allowing the EVOLT’s representatives full and free access to the site where the Equipment is located and to a power supply and other facilities necessary to operate the Equipment;
f.
providing the First Line Maintenance Services to the Equipment, in accordance with the EVOLT’s instructions and guidance as provided from time to time; and
g.
providing adequate and safe working space and facilities at the site where the Equipment is located for the EVOLT to provide the Maintenance Services.
4.4
EVOLT is not obliged to perform any Maintenance Services where the reasons for the Maintenance Services are:
a.
deliberate or accidental damage (including damage caused by fire, flood, explosion, vandalism or impact damage to the Equipment);
b.
the Customer’s neglect or misuse of the Equipment;
c.
a defect in the design of the Equipment or faulty materials or workmanship in the manufacture of the Equipment;
d.
the use of the Equipment with equipment or materials not supplied or approved by the EVOLT;
e.
any maintenance, repair, alteration, modification or adjustment performed by persons other than the EVOLT or routine maintenance carried out by or on behalf of the Customer;
f.
the repair or replacement of charging connectors (CHAdeMO, CCS or Mode 3) resulting from misuse, overuse, or damage caused accidently or deliberately (vandalism);
g.
a failure, interruption or surge in the electrical power network supply or its related infrastructure connected to the Equipment;
h.
EVOLT reasonably determines that the Equipment needs to be completely overhauled or rebuilt or is otherwise incapable of being maintained;
i.
Third Party Equipment;
j.
the cause comes within the scope of First Line Maintenance Services; or
k.
the deterioration of the conditions of the area the Equipment are situated in have resulted in damage to the Equipment including any interconnecting cables or electricity supply cables.
4.5
Where EVOLT determines in its sole discretion that the cause of the defect in or malfunctioning of the Equipment/ is due to any of the events in clause 2.5 above, EVOLT may charge, and Customer shall pay, additional charges in respect of any work undertaken and the time incurred by EVOLT in investigating and determining the cause of the defect in or malfunctioning of the Equipment and performing Maintenance Services.
4.6
EVOLT shall supply and fit such Replacement Parts on request by Customer and subject to payment of additional charges. The charges applicable to Replacement Parts shall be provided by EVOLT on request and are exclusive of VAT. The supply of Replacement Parts will be subject to availability, third party supply times and stock. All Replacement Parts shall become part of the Equipment upon their installation.
5. Type of Maintenance Services
The Maintenance Services are split into two types; preventative maintenance and reactive maintenance.
5.1 Preventative maintenance
5.1.1
For preventative maintenance of installed Equipment, Customer shall make the Equipment installed at each Location available for EVOLT’s team to carry out pre-defined maintenance procedures.
5.1.2
When a call is received by the EVOLT’s contact desk relevant details of the event are entered onto the EVOLT’s E.Connect system or Ampeco and a service ticket is raised. If it is identified that the event is a priority 0 danger to life a prepared script is read out to the caller and dependent upon the callers’ response the appropriate instructions and telephone numbers are given out. For a priority 0 danger to life a major incident report is posted to the Customer contact.
5.1.3
For incidents that are not a danger to life, three response options can be invoked. The first one is an instant response while the call is taking place that resolves the event, the second one is a response by the technical desk who will remotely connect with the EVCP, and the third is for the EVOLT engineer to attend site.
5.1.4
The service ticket logged for each call shall contain the type of response, the EVCP ID, date/time stamp of when the call is logged, date/time stamp of when the engineer was despatched to site, date/time stamp when the engineer arrived at site, date/time stamp of when the EVCP was accessed remotely and the date/time stamp of when the EVCP was restored to normal operation.
5.1.5
Should there be an ongoing failure whereby EVOLT is unable to restore the EVCP to normal operation then the Escalation Process is followed.
5.1.6
At the end of each Service Measurement Period the data for any events logged during this Service Measurement Period are analysed by EVOLT.
5.1.7
The events logged are separated into the different priority categories and then the EVOLT evaluates whether there has been a Service Level Failure for any of the categories.
5.1.8
For each event, the incident responses and resolution times are calculated using the EVOLT’s E.Connect date/time stamps.
5.2 Service Level Achievement Verification
5.2.1
At the end of the Service Measurement Period the sum of events where the Service Level has been met is divided by the sum of all events multiplied by 100 to give the actual Service Level percentage.
5.2.2
If the actual Service Level percentage is less than the Service Level target shown in table 1 of the Service Levels Schedule then there is a Service Level Failure for that incident category and the process set out in the Service Levels Schedule applies.
5.3 Reactive Maintenance
5.3.1
For Reactive Maintenance of the installed Equipment, different types of incidents are divided into priority categories based upon the severity of events as set out in the Incident Priority Level Classifications table below. When, following an incident, Maintenance Services are required, then calls are made by either: a) Customer within the agreed Core Hours; or b) a user at any time. Calls made out of Core Hours are charged at a rate set out in the Order or on a time and material basis.
5.3.2
Should there be an ongoing failure whereby EVOLT is unable to restore the EVCP to normal operation then the Escalation Process is followed.
5.3.3
At the end of each Service Measurement Period the data for any events logged during such period are analysed by EVOLT, who shall provide Customer a Service Level Report.
5.4 Incident Priority Level Classifications
|
Priority Level 0 – Danger to Life | A failure which results in a danger to life. |
Priority Level 1 – Severity High | A failure which renders all EVCPs inoperable. |
Priority Level 2 – Severity Medium | A failure which results in a moderate adverse impact on the operation of the Equipment: Non‑exhaustive Examples:-
•
An individual EVCP is inoperable.
•
Equipment functionality minor performance degradation.
•
One connector not working;
•
Contactless hardware failure; and
|
Priority Level 3 – Severity Minor | A failure which results in a minor adverse impact on the operation of the EVCP:- Non‑exhaustive Examples:-
•
The presence of graffiti or vandalism to Equipment.
•
Surface damage such as scratches, minor dents, etc.
|
Service Levels Schedule
1. Definitions
The following definitions apply for the purposes of this schedule:
Service Level Failure: means a failure to meet a Service Level during the relevant Service Measurement Period, which may trigger an obligation on the Supplier to produce a Correction Plan
Service Measurement Period: means three (3) calendar months (quarterly), or monthly, as agreed between the Parties and captured in the Order.
2. SERVICE LEVELS FOR REACTIVE MAINTENANCE
2.1 CORRECTION PLAN
2.1.1
If at any time there is a Service Level Failure, EVOLT shall:
a)
promptly propose an appropriate, written corrective action plan (“Correction Plan”) and proceed to execute it in accordance with a timetable mutually agreed with Customer. Once the said plan is in place compliance with the relevant Service Levels shall be monitored.
b)
arrange additional resources as may reasonably be necessary to implement the Correction Plan;
c)
provide Customer with confirmation that it has implemented the required improvements as set out in the Correction Plan and that the cause of the Service Level Failure has been remedied.
2.2 ESCALATION PROCESS
a)
Should Service Level Failures occur which have or have the potential to have (either alone or in combination with other Service Level Failures) more than a negligible adverse impact on the Maintenance Services then in addition to the Correction Plan such issue (“Escalation Issue“) shall be referred for resolution to the persons referred to in table 2 below (“Escalation Representatives“).
b)
Customer and the Escalation Representatives shall meet in person or by telephone to discuss the Escalation Issue.
c)
Should it not be possible to resolve the Escalation Issue within the time period specified in the column headed “Period to Resolve / Escalate” in the table below, at this point the Escalation Issue shall be transferred to the next level of escalation identified in the table below.
d)
If the Supplier’s performance of its obligations under the agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, or a third party, then without prejudice to any other right or remedy it may have, EVOLT shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer, and there shall be no Service Level Failure.
Table 1
|
Incident Response | Priority Level 0 | FOUR (4) hours 24/7 | one hundred percent (100%) | Responsibility of third-party site owner / operator | Responsibility of third-party site owner / operator |
Priority Level 1 | TWELVE (12) hours 24/7 | ninety percent (90%) | TWELVE (12) hours 24/7 | Ninety five percent (95%) |
Priority Level 2 | FORTY EIGHT (48) hours 24/7 | ninety percent (90%) | FORTY EIGHT (48) hours 24/7 | ninety percent (90%) |
Priority Level 3 | SEVENTY-TWO (72) hours 09:00 to 17:00 FIVE (5) days a week | ninety percent (90%) | SEVENTY-TWO (72) hours 09:00 to 17:00 FIVE (5) days a week | ninety percent (90%) |
Table 2
|
1st Level | | | Two (2) days |
2nd Level | | | Three (3) days |
3rd Level | | | Five (5) days |
2.3 LEVEL REPORTS
2.3.1 Standard Report
2.3.1.1
Within seven (7) Business Days of the end of each Service Measurement Period (or in accordance with such other timeframe as agreed between the Parties in writing from time to time) the Supplier shall provide the Service Level Report to the Customer.
2.3.1.2
The Service Level Report shall contain the following information in respect of the previous Service Measurement Period:
a)
the Service Measurement Period to which the Service Level Report relates.
b)
the performance of each element of the Maintenance Services measured against each applicable Service Level;
c)
a summary and analysis of all incidents logged and closed within the Service Measurement Period;
d)
a trend analysis of the Service Level performance within the Service Measurement Period;
e)
a summary of all Service Level Failures and root causes that occurred during the Service Measurement Period together with details of the time taken to remedy each Service Level Failure and rectify each root cause (as applicable) or implement measures with the aim of avoiding recurrence of the Service Level Failure and root cause (as applicable);
f)
which incidents and other Service Level Failures remain outstanding beyond their respective Incident Response Time Service Levels, together with an associated Correction Plan;
g)
a root cause analysis of each Service Level Failure identifying the underlying cause and an assessment of the likelihood of a recurrence.
h)
any material service improvement suggestions.
i)
details of any repeated Service Level Failures and continuing failure (if any) that have taken place;
j)
such other information relevant to the performance or monitoring of the Maintenance Services; and
k)
the Supplier shall provide Customer with an annual written summary of the Service Level Reports that have been prepared during that Year.
2.3.2 Major Incident Report
2.3.2.1
In addition to the Standard Incident Report for each individual Priority Level 0 or a Priority Level 1 incident, the Supplier shall provide a major incident report (“Major Incident Report“) that shall detail:
a)
an incident summary (for example incident reference and description and Service/Component name);
c)
business impact for example impact on Maintenance Services, systems and components, incident start and end times and total downtime.
e)
details of corrective action taken to resolve the incident and preventative actions to prevent future occurrences; and
f)
chronology of incident.
