Sevadis Terms and Conditions

Sevadis Terms and Conditions of Standard Aftersales Care and Maintenance Agreements for Vehicle Charging Stations supplied and installed by us

[1] DEFINITIONS
The Customer means the person or body with whom the Agreement is made.
The Company means Sevadis.
The Contract Period is the duration of the Agreement from the stated start date. This can be Warranty Period, Maintenance Agreement or Chargeable Call Out.
The Review Frequency is the frequency with which the terms of the contract are formally reviewed.
The Site is the address at which the Vehicle Charging Stations supplied by us are installed.
The Agreement is the document signed by both parties in relation to the Maintenance Agreement and/or the terms and conditions that relate to Standard Aftersales Care.
The Equipment means the items that have been supplied and installed by Sevadis or those specified within our Maintenance Agreement/s.
The Operations are those required of the Company in fulfilment of its obligations under the Agreement.

[2] GENERAL
The Company agrees, subject to access to the Site and Equipment between the hours of 07:30 and 16:30 Mondays to Fridays to make the number of service visits specified in the Agreement, and to carry out the Operations subject to provisions of Sections [5] – [8] below and to the following general conditions:
1] All work is to be carried out within normal working hours (07:30-16:30 Monday to Friday). We are unable to offer timed appointments or appointments outside of these times. However, where possible we will offer a choice of either an AM or PM appointment. Unless specifically provided for within a chargeable Maintenance Agreement we do not have set response times in which to attend site even if the Equipment is within a Warranty period. The Company will endeavour to carry out these works as quickly as possible and within the least amount of time possible. The Company accepts that there may be an occasion due to circumstances beyond their control that they may have to cancel, postpone or re-book an appointment and will endeavour to notify the Customer in the least amount of time possible of this. The Company does not accept any charges that the Customer may incur due to this and will only cancel, postpone or re-book an appointment if absolutely necessary. In the event of an exceptional circumstance and the Company agrees to carry out works outside of the normal working hours which is not specifically provided for in the Agreement, the Company reserves the right to do so only upon additional payment for such work to be agreed.
2] The Company reserves the right to omit any part of the Operations which cannot be carried out in accordance with the Company’s Health & Safety Policy, a copy of which is available on request.
3] The Company will endeavour to carry out the Operations with minimum disruption to the Customer but reserves the right to pass on to the Customer any loss and expense incurred as a result of any prevention of access to the Site and Equipment provided for in the above. This would also apply to any concern or endangerment covered by the Health and Safety At Work Act 1974 and any appointments not cancelled within 24hours of our expected attendance.
4] The Company undertakes to carry out the Operations using reasonable care and skill. At times actions may have to be taken based on the Company’s judgement of the most appropriate course of repair or service. Where such actions involve expense to the Customer under the terms of this Agreement we will seek approval from the Customer’s duly appointed authority. Should this not be available at the time then we shall complete the repair and the Customer accepts liability for such expense even if further action is found to be necessary, unless the Company’s judgement is found to be demonstrably unreasonable.
5] The Company has unfettered discretion to carry out the Operations by its own staff or by using subcontractors as it deems most appropriate at the time.
6] The amount[s] due from the Customer to the Company in payment for the services to be provided under this Agreement (excluding any additional amounts due under [2] 7) below) are as set out in the accompanying invoice or schedule.
7] All payments due to the Company under the terms of the Agreement, including any additional payments becoming due under clauses [2] 1), 3), 4), 9), 10), 12, [4] 3), shall be made by the due date specified on the Agreement or on the invoice. The Company reserves the right to decline to attend the Site until any overdue payments have been made. If, in these circumstances, one or more of the specified number of service visits has been missed, the Company shall be under no obligation to make up this number once payment has been made nor does it accept liability for other failures due to non-attendance.
8] The Company in entering into this Agreement accepts responsibility to carry out the works in Sections [3] – [4] below in order to maintain the Equipment in good working order, diagnose a fault or carry out a repair to the Customers reasonable satisfaction. Warranty call outs and Maintenance Agreements do not extend to client demonstrations which will be chargeable unless specifically stated in a pre-signed Agreement or Contract separate to standard Aftersales Care and/or our Terms & Conditions of sale. Non-Warranty call outs, repairs and/or diagnostic is chargeable at a cost of £250.00 and include the first hour on site. Additional hours are charged at a rate of £50.00 per hour. These charges do not include any additional parts or materials that may be required, nor does it include subsequent visits. Unless otherwise specified in the Agreement or legally required, this responsibility extends only to the maintenance, service, repair or diagnostic of equipment supplied by Sevadis and does not include supplies which are required for operation of the Equipment. The cost of some repairs are included within Pre-signed Maintenance Agreements as described in Section [3] below.
9] If any additional works are required or requested by the Customer, a charge will be made based on the Company’s normal rates for work involved.
10] The Customer shall not permit unauthorised access to or attendance on the Equipment by any person other than the Company’s staff or representatives without specific written agreement of the Company. The Customer shall indemnify the Company against all liability for matters arising from such attendance, and shall pay all costs arising therefrom.
11] If the Customer does not occupy the Site, it shall appoint a person who is normally present at the Site to ensure that its responsibilities as above are adequately discharged, and shall indemnify the Company against all liability arising from any failure in this regard not withstanding that such failure may have been brought about by acts of prevention on the part of the occupier of the site, and shall pay all costs arising from them.

[3] ITEMS CARRIED OUT DURING ROUTINE MAINTENANCE (MAINTENANCE AGREEMENTS ONLY)
1] Assess the overall performance of the Equipment, taking into consideration any relevant reports from the Customer and any apparent problems or malfunctions and address any matters requiring attention.
2] Check all accessible items of Equipment for visible or audible signs of problems.
3] Check settings of controls relating to Equipment and ensure that they are appropriate.
4] Any damage to the Equipment will not be covered under the Maintenance Agreement if it is reasonably determined that this has been caused by an external factor not relating to the usual function of the Equipment.
5] A full electrical assessment using specialist testing equipment that is designed specifically for electric vehicle charging stations
6] A visual inspection of the units housing
7] Unit stability test
8] Recording general wear and tear observations
9] Check continuity of cable runs where accessible
10] General Clean
11] Written reports are available on request.

[4] AS AND WHEN NECESSARY
1] The Company will, (subject to Section [2] above), repair the Equipment when necessary during working hours.
2] If a major repair where more time or materials outside of those covered in either the Maintenance Agreement or Warranty Terms, before such work is carried out, and if practicable, an estimate will be submitted to the Customer, based on the Company’s rates at the time of submission.
3] The Company is not obliged to carry out repair or work to items not supplied by the Company, but reserves the right to request the relevant suppliers to re-visit site and install/replace any faulty items not installed by the Company, which may incur an extra cost outside of the above contract terms.
4] The Company reserves the right to refer the Customer to an alternative suppliers and advise if it is reasonably determined that their equipment needs to be installed/replaced before we can continue our works.

[5] GUARANTEE AND CUSTOMERS RIGHTS
1] Nothing in the Agreement shall affect the legal rights of the Customer against the Company if the Operations are negligently executed.
2] The Company shall not be responsible for the failure arising from matters beyond its control to render any service or supply, nor will the Company be liable for any loss or damage, whether arising directly or indirectly as a consequence of a breach of the Agreement except to the extent that such breach is due to negligence or default of the Company, its servants or agents.

[6] RENEWAL (MAINTENANCE AGREEMENTS ONLY)
1] Subject to Sections [6] 2) and [7] below, and any agreed amendments, Maintenance Agreements shall be re-signed for a further Contract Period following the review at the specified Review Frequency.
2] The Company shall notify the Customer before the review date of any amendments applicable to the renewed Maintenance Agreement. The Customer must notify the Company within one week of the review date of its intention not to renew, should this be the case. In the event of this notification being made more than one week after the review date, the Customer must pay the Company, at the Company’s rates current at the time, for any part of the Operations carried out after the review date and before the said notification.
3] In the event that payment for the renewed Agreement is significantly delayed, and the Customer requests that the start date for the Contract Period be changed, the Company reserves the right to make an additional charge.

[7] TERMINATION (MAINTENANCE AGREEMENTS ONLY)
1] The Agreement may be terminated by either party by notice sent by Recorded Delivery letter to the last known address of the other party and termination shall take effect 7 days following the date of the postage of the said notice.
2] Payment of the balance of the contract to the end of the term covered by the contract being terminated shall be made within 30 days of the issue of this Statement.

[8] WARRANTIES & GUARANTEES
1] The Company offers a 36-month warranty period on any Vehicle Charging Station component that has been both supplied and installed by us subject to the final inspection and testing certificate being issued.
2] In accordance with this warranty, The Company will arrange for a replacement to be sent out to you as soon as reasonably practical or provide parts and labour to cover all repairs arising during the warranty period. Any repairs will be completed on-site.
3] If the final inspection and testing certificate has not been issued, The Company reserve the right to consider that the warranty has been invalidated.
4] The repair or replacement of your Vehicle Charging Station offered above is the only remedy available to you. None of the above warranties affect your statutory rights and that those rights are not affected in any way.
5] The Company will in no event be liable for consequential losses or secondary charges including, any costs associated with utility expenses or running costs, professional fees relating to trades, subsequent work or any other damage caused to material items.
6] Details and evidence of defects must be presented to the Company for approval. When your warranty is invoked, your damaged product will either be repaired or replaced free of charge. You must be able to provide proof of purchase of any product.
7] The warranty does not cover the following:
• Improper maintenance subject to requirements set-out by the Company
• A non-compliant Sevadis installation
• Damage due to improper use, theft, vandalism
• Not adhering to the Company’s installation instructions
• Normal wear and tear
• Natural disasters
• Tampering with Equipment
• If the Equipment has been modified

[9] MISCELLANEOUS
1] No waiver by the Company of any breach of this Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision of the agreement.
2] If any provision of this Agreement is agreed or held by any competent authority to be invalid or unenforceable in whole or part, the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected.
3] The Company retains the right to alter the terms of the Agreement from time to time. Written notification of any such changes will be sent to the Customer giving at least 14 days’ notice.
4] There is intention for the agreement to be enforceable by third parties as governed by English Law.
5] No terms of conditions endorsed on, delivered with or contained in the Customers purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
6] The headings are for convenience only and shall not affect interpretation of these conditions.
7] References to the singular include the plural and vice versa as the context admits or requires.
8] All intellectual Property Rights in the Services and the Goods belong to the Company. The Company shall not unreasonably refuse any request from the Customer for a licence to be granted to it to make reasonable use of the Goods and Services (provided the scope of the licence is limited to the Customers internal purposes and is nonexclusive.