We.EV For Home Standard Terms and Conditions

Acceptance
1. By placing an order for Products and Services, or accepting any Products or Services from Us, You agree to being immediately bound by these terms and conditions, and to pay for the Products and/or Services that You have ordered.
2. In the event of any conflict between these Terms and Conditions and the provisions of any other arrangement between You and Us, these Terms and Conditions shall prevail unless otherwise agreed in writing signed by both You and Us.
3. We.EV reserves the right to decline the supply of Products and Services at its sole discretion without reason.
4. We may change these Terms and Conditions at any time. Updated Terms and Conditions will be posted on our Website.
5. Please read these Terms and Conditions carefully. If You need to refer to them again, they can be accessed via our Website.
6. When purchasing our Products and Services, You will provide Us with certain information, including your personal information and about your Property (including photographs) which we will retain and use pursuant to our Privacy Statement. We will use this information to create a We.EV Account for You.
Your We.EV Account
1. Your Account can be accessed via the We.EV mobile app, which is required to use the Device and manage your EV charging.
2. You agree that all information You provide Us at any time will be correct, current and complete.
3. You are responsible for maintaining the confidentiality of your Account and password and preventing any unauthorised use of your Account or password.
4. Once the Device has been installed, it will be activated by the installer and You may access the Device through your Account, in accordance with any instructions provided by Us.
5. You agree:
  1. You are responsible for all activities that occur under your Account or Password. You must tell Us immediately if You believe another person has accessed your Account without your authority and You must, if possible, log into your Account and change your Password; and
  2. to use the Devices and Services in accordance with these Terms and Conditions (and any other instructions provided by us) solely for purposes as agreed with Us.
6. We reserve the right to change suspend or remove our Products, Services or Website from time to time and We will use reasonable endeavours where possible to notify You about any changes, additions, removal or unavailability.
Management of Device Charging Rate
1. You acknowledge and agree that We.EV may (through your We.EV Account) manage the charging rate of the Device at will to manage network load, which may include reducing the capacity of amps the Device is able to deliver to zero. We provide no guarantee of the controlled supply hours of amps on any day but (unless due to a suspected or actual breach of these Terms and Conditions) reduction of capacity will typically occur during peak demand periods.
Standard Installation Cost
1. We.EV’s offering of a standard installation cost is subject to these Terms and Conditions and the qualifying factors below:
  1. You own the property where the Device is to be installed, or You have the consent of the property owner to install the Device at your property;
  2. the Device is to be installed in your garage, which is structurally sound;
  3. your main switchboard is in your garage and meets compliance specifications;
  4. the Device is installed adjacent to the main switchboard or there is roof access within the garage to enable laying of cables for installation elsewhere in the garage;
  5. the Property has a single phase electrical connection;
  6. Your Property is situated within 30km of an urban CBD or one of We.EV’s accredited installers;
  7. the location of the Device on Your Property is serviceable by Your Wi-Fi;
  8. no new power connection is required for your Property to support the installation of the Devices; and
  9. no unforeseen issues arise regarding installation of the Device at your Property which increases the costs.
2. In the event any of the qualifying factors are not met, We will provide a quote for the Works for your Property, including supply of the Device, charged on a time and costs basis rather than the standard installation cost.
Quote
1. Where a quote is issued by We.EV for Products and Services, the quote (the “Quote”):  
  1. shall be valid for thirty (30) days from the date of issue unless withdrawn by We.EV;
  2. shall be inclusive of goods and services tax unless specifically stated to the contrary; and
  3. is subject to these Terms and Conditions.
Price and Payment
1. Payment of the Price shall be made in the amount(s) by the due date(s) as stated in the Quote or invoice. We may (in our sole discretion) allow You to provide Us with a works order instead of payment upfront.
2. You agree to pay for any additional costs where any Products and Services are required in addition to the Quote, or for any increased cost of Works payable pursuant to these Terms and Conditions.
3. We may, at any time after any We.EV Equipment, Products or Services have been delivered, demand immediate payment of the Price.
4. The Price quoted in the Quote is correct at the time of printing but may be subject to change by Us at any time before You may payment of the Price. If we advise a change to the Price, the Quote is immediately withdrawn by us, and You will be advised of a new price and time frame for acceptance as soon as possible.
5. We may, at any time after You have accepted our Quote but before the Works are completed, increase the Price if our own costs to complete the Works have increased since providing the Quote due to circumstances outside of our control (including but not limited to any increase in the cost of materials and/or equipment). The increase in price payable will be invoiced to You as a variation.
Default in Payment
1. Where any payment is not made by its due date, then without prejudice to any other right or remedies available to Us under these Terms and Conditions, at law, in equity or otherwise We may:
  1. Charge interest, by way of liquidated damages, on all overdue accounts at a rate of 2% per month, calculated on a daily basis from the date on which payment was due until payment is made;
  2. Withhold undelivered goods and services;
  3. Withdraw, cancel or block access to the Device or the App pending payment; or
  4. Refer the matter to a debt collection agency for collection.
2. You must, on demand, reimburse Us for all costs (including legal costs on a solicitor/client basis) expenses and other sums reasonably incurred by Us in exercising any right or remedy available to Us consequent upon a default by You which sum shall also carry interest at the default rate if unpaid within one calendar month of demand having been made.
3. If any payment default continues for five (5) calendar days, then We.EV shall be entitled to immediately suspend the Works without notice.
4. We may, at any time after the Device has been installed, demand immediate payment if we consider you to be a credit risk.
Risk and Ownership
1. Title (both legal and equitable) in the Device and any materials used in carrying out the Works will not pass to you until they have been paid for in full. However, You assume risk upon installation of the Device.
2. Until payment is made and title to the Device passes to You;
  1. You acknowledge that You hold the Device and installation materials as bailee and in a fiduciary capacity;
  2. Title in the Device and installation materials remain vested in Us at all times; and
  3. You will ensure that the Device remains free of all encumbrances, security interests and claims of third parties.
Personal Property Securities Act 1999
1. You acknowledge that these terms and conditions create a security interest in the Device. We may register a financing statement to perfect Our security interest in the Device in accordance with the provisions of the Personal Property Securities Act 1999 ("the PPSA").
2. You must, upon request, provide all information, execute or arrange for execution of all documents and do all other things that We may reasonably require to ensure that We have a perfected first ranking security interest in the Device under the PPSA.
3. You waive Your rights to receive a verification statement under the PPSA and agree that any rights as debtor under sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA will not apply and where We have rights in addition to those in part 9 of the PPSA, those rights shall continue to apply.
4. You shall immediately upon request by Us, procure, from any person considered by Us to be relevant to Our security position, such agreements and waivers as We may at any time require.
5. You shall immediately notify Us of any change in your name, address details and any other information provided to Us to enable Us to register a financing change statement if required.
Provision of Services
1. All Works that We.EV are responsible for will be carried out: 
  1. In a proper and competent manner; 
  2. With care and skill; 
  3. Using materials that are new (unless agreed otherwise); and 
  4. In accordance with all applicable laws and legal requirements. 
2. We.EV will ensure that its employees, agents and contractors will act courteously and professionally at all times.
3. We.EV shall be entitled to rely on the accuracy of any plans, specifications or other information provided by you. You agree and acknowledge that in the event that any of this information provided by You is inaccurate or incomplete, We.EV may accept no responsibility for any loss, damages or costs, however resulting, from the inaccurate information.
4. Notwithstanding the clause above, if an area of your Property exists that cannot or is not viewed until the work is undertaken and/or if a Latent Condition exists or circumstances exist beyond our control which will affect the efficient execution of the Works, We.EV may:
  1. alter its Quote;
  2. delay Works;
  3. invoice You for all increased costs and losses; and/or
  4. decline the supply of Products and Services.
5. We.EV shall use reasonable endeavours to meet any performance dates for the Works specified and agreed between it and the Customer, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Works. 
Your Responsibilities and Acknowledgements
1. To enable the Works to be performed safely and effectively, You agree to:
  1. provide unobstructed access to the Property as required by We.EV to install, maintain, repair, replace, upgrade or remove the Device and any related We.EV equipment; and
  2. inform Us about any hazards or possible hazards or any health and safety requirements relating to the Property that might be relevant to We.EV when accessing the Property and/or installing the Device at the Property.
2. You agree to ensure that the Property is ready to receive the Products and Services and the Works. If we determine (acting reasonably) that the Property is not ready for the Works and this will cause delay, we have the right to:
  1. amend or cancel the Quote or the Works; or
  2. at our discretion, we may rectify the issue(s) and on charge any increase in costs to you. You will pay such costs.
3. You must provide, promptly, all relevant information, directions, assistance and co-operation as and when required by Us as may be reasonably necessary for Us to provide the Products and Services to You and undertake all activities that are identified as being your responsibility in the Quote or on our Website.
4. If You ask Us to perform any of your responsibilities or if we have to do so for safety reasons, these will be at your cost.
5. You must notify your insurance provider of the installation of the Products at the Property (as such installation may affect your insurance cover, and any increase in premiums will not be met by We.EV).
Your Consumer Rights
1. If You purchase our Products for personal or household use You will be covered by consumer protection laws in New Zealand, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
2. The Consumer Guarantee Act 1993 sets out minimum standards for Products sold by us. If the Products we sell do not meet these standards, and You are a consumer, You may have the right to a repair, replacement or a refund in accordance with the Consumer Guarantee Act 1993.
3. The Fair Trading Act 1986 protects consumers from being misled and deceived. This applies to all aspects of the promotion and sale of our Products and Services.
4. If You purchase our Devices for business use or in trade, the provisions of the Consumer Guarantees Act 1993 do not apply in accordance with section 43(2).
Warranty for Defects
1. If within 12 months of completion of any Works You advise Us in writing of any defective workmanship, we will investigate and where we find defective workmanship, We will make good any work that in Our opinion (acting reasonably and applying the standard of current industry practice) is defective at Our cost.
2. You will also have the benefit of any manufacturer’s warranty on the Device. You must advise Us within the warranty period of any apparent defect in the Device and We will investigate and where We find a defect in the Device, we will remedy.
3. You must give We.EV all necessary and reasonable access to enable it to remedy any defect and/or replace any Products during the 12-month period from the date of completion of the Works. These defect provisions do not mitigate or absolve Your responsibility for maintenance and correct usage of any Products and Services.
4. Any work performed by You or Your agent in respect of such Products or Services without Our consent shall invalidate the warranty set out in clauses 10.1 above.
5. Other than the warranties above, we make no representations and give no assurance, condition or warranty of any kind (including any assurance, condition or warranty implied by law to the extent that the assurance, condition or warranty can be excluded) and accept no liability for any assurance, condition, warranty, representation, statement or term not expressly set out in these Terms and Conditions or other written document given by Us to you.
Insurance
1. We.EV will affect and maintain a public liability insurance policy. The policy will be kept continuously in force until any work required to remedy defects has been completed.  
Risk, Delivery and Access
1. The Products will be at your risk once delivered to your Property.
2. The time agreed for delivery shall not be an essential term of this contract unless agreed by both parties in writing that time is of the essence.  
3. You must ensure that We.EV has clear and free access to the Property to enable We.EV to undertake the Services. We.EV shall not be liable for any loss or damage to the Property (including, without limitation, damage to walls, windows, painted surfaces, vehicles, plants, fences, pathways, driveways and concreted or paved or grassed areas), unless due to We.EV’s negligence.
Limitation of Liability
1. We.EV shall not be liable for any delay damages (whether those are for liquidated damages or otherwise) or for any claims for loss or profits (whether direct or indirect), or loss of business opportunity or anticipated savings or for any indirect or consequential loss whatsoever. 
2. Notwithstanding any other provision to the contrary, the total aggregate liability of We.EV to You or any other person arising out of or in connection with the Works on your Property, whether in contract, any indemnity, tort (including negligence) by statute or otherwise at law or in equity is limited to $1,000.
3. These clauses do not limit our liability to the extent that it: 
  1. cannot be limited at law; and 
  2. arises out of or in connection with any wilful default, fraud or criminal conduct. 
4. Nothing in these Terms and Conditions limits or excludes any rights You may have, or obligations we may have, under the Energy Complaints Scheme provided by Utilities Disputes Ltd.
Copyright and Intellectual Property
1. We.EV, owns or has rights to use, and has copyright in all work, software, systems, solutions, drawings, designs, specifications, electronic data and documents produced by We.EV in connection with the Products and Services provided pursuant to this contract and the client may use the Products and Services only if paid for in full and for the purpose for which they were intended and supplied by We.EV.
Claims and Return of Products
1. The Customer shall be deemed to have accepted the Products and Services provided unless the Customer notifies We.EV otherwise within 5 days of completion of the Works.
2. Products will only be accepted for return with prior consent of We.EV.  A 15% restocking fee applies.  Returned Products must be in undamaged condition.  The Customer is liable for all costs associated with the removal and return of any Product, and the work to repair any damage left by the removal of the Product.  There will be no returns on customised orders.  
Cancellation
1. Once an order has been accepted by We.EV, it can only be cancelled, varied or suspended (whether in whole or in part) upon to the extent that We.EV agrees in writing to such cancellation, variation or suspension. The Customer agrees to pay all costs, expenses and liabilities incurred by We.EV in consequence of the cancellation, variation or suspension of the order.  
Miscellaneous
1. Minimum 60A supply. The Property must be connected to the local electricity distribution network with a service fuse rated for at least a 60A supply, as a service fuse lesser than a 60A supply risks being blown when using the 32A home charger and additional electrical appliances. If required, the Customer is responsible for arranging upgrade of the service fuse by the local electricity distributor.
2. Force Majeure. Neither We.EV nor the Customer shall be in breach of these Terms and Conditions nor liable for any delay in performing, or failure to perform, any of its obligations contained within these Terms and Conditions (excluding any obligation to pay any amount due) if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. 
3. Failure by We.EV to enforce any of the Terms and Conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations We.EV has under this contract.  
4. If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.  
5. Unless otherwise agreed in writing, We.EV is not responsible for obtaining a Code Compliance Certificate and is entitled to any final claim for payment irrespective of whether a Code of Compliance Certificate has or has not been issued. 
6. You shall not assign all or any of its rights or obligations under this contract without the written consent of We.EV.  We may assign, subcontract or transfer any of Our rights or obligations under these Terms and Conditions at any time without Your consent.
7. Where these Terms and Conditions of trade are at variance with the order or instructions from the Customer these Terms and Conditions shall prevail.  
8. If required by We.EV the Customer will store Products and Services supplied by We.EV in a way that enables them to be identified as having been supplied by We.EV.
9. We will comply with Our legal requirements relating to the privacy of information which we hold about you, including giving You the rights to access and correct personal information conferred by the Privacy Act 2020.
10. These Terms and Conditions and the relationship between the parties shall be governed by the laws of New Zealand.
Definitions
1. Account means your We.EV user account registered through the Website.
2. Device(s) means the electric vehicle charger You purchase from Us pursuant to these Terms and Conditions.
3. Latent Condition means any physical condition on or below or within the site, or the area surrounding the site, which differs materially from either the information provided by you, or the physical conditions which could reasonably have been expected by Us at the time our quotation was provided.
4. Price shall mean the price payable by You for the Products and Services as outlined in the Quote, or as varied pursuant to these Terms and Conditions, and includes all increased costs and disbursements payable under these Terms and Conditions, subject to clause 5 of this contract.
5. Products shall mean all products and goods provided by We.EV for charging electric vehicles, including smart devices, charging stations, charging cables, and any accessories for such devices.
6. Property means, for residential customers, Your garage at your property, and for commercial customers, Your site, upon which the Device(s) will be installed by Us.
7. Services shall mean all services and advice provided by We.EV to the Customer and shall include without limitation the provision of design and consultation services, installation of and supply of all Products, and all associated products and services and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by We.EV to you.
8. Terms and Conditions means these We.EV for Home Standard Terms and Conditions as updated from time to time.
9. Website means https://www.we-ev.co.nz/
10. We.EV, (We, Our and Us in context) shall mean WEL Networks trading as We.EV, or any agents or employees thereof.
11. Works means the work that We.EV is to carry out in accordance with its quotation or any agreed terms, including installation, commissioning, variations and any design work carried out by Us.
12. You (and Your in context) shall mean the person buying the Products and Services as specified in any application on Our Website, invoice or document order and any person acting on behalf of and with the authority of that person.