Terms & Conditions
For the supply and installation of electric vehicle domestic charging units supported by the OZEV Electric Vehicle Homecharge Scheme Grant.
1. “LEMAC” means Lothian Electric Machines Limited, a company registered in Scotland whose registered number is SC036737 and whose registered address is Hospital Road, Haddington, East Lothian, EH41 3PD;
2. “Buyer” means the person who buys Goods from LEMAC;
3. “OZEV” means the Office of Zero Emissions Vehicles as constituted by the government of the United Kingdom; 4. “EVHS Grant” means the grant provided by OZEV under the OZEV Electric Vehicle Homecharge Scheme grant (more information can be found here – https://www.gov.uk/transport/low-emission-and-electric-vehicles);
5. “Goods” means the goods and any related services as described in the Invoice to be supplied to the Buyer from LEMAC. The Goods are described in LEMAC’s sales literature, website and the Invoice. LEMAC reserves the right to amend the specification for the Goods if required by any applicable statutory or regulatory requirement, and LEMAC shall notify the Customer in any such event;
6. “Invoice” means the invoice or receipt issued by LEMAC to the Buyer with respect to the supply of the Goods;
7. “Standard Domestic Installation” means installation of the Goods by LEMAC (or an agent or contractor engaged by LEMAC) that includes:
7.1. A cable run of up to 15 meters (50 feet) to be fixed flush to the wall (cable not trenched or hidden behind walls, through joists, under tiles / carpets / floorboards, aerial or subterranean runs);
7.2. The installation being completed by one installation engineer within 4 hours in accordance with current BS7671 wiring regulations and the current IET Code of Practice for Electric Vehicle Charging Equipment Installation, and any relevant subsequent amendments thereof;
7.3. Routing of the cable through a drilled hole in a wall up to 500mm (20 inches) thick, if required;
7.4. An additional 3-way consumer unit, if required;
7.5. Installation of a Type A RCBO in an enclosure;
7.6. Up to 3 metres (10 feet) of plastic conduit to conceal interior wiring;
7.7. Shall not include any Additional Works or supply of equipment or other infrastructure necessary as a result of onerous, unusual or challenging conditions at the premises that adversely affect the installation of the Goods;
7.8. Where Additional Works, supply of equipment or other infrastructure are required, clause 8.2 shall apply;
7.9. Assumes that correct electrical connections and protections are available on the Buyer’s premises, and that no civil works or electrical remedial works are required prior to or during installation; and
7.10. Assumes the installation point and the cable installation route is safe, free from asbestos and complies with all applicable health and safety regulations.
8. “Additional Works” means any additional works required at the address as agreed with the Buyer to enable installation of the Goods that are not included within a Standard Domestic Installation;
9. “Additional Works Charges” means the charges as agreed with the Buyer pursuant to the Additional Works Quotation for any Additional Works;
10. “Additional Works Quotation” has the meaning given to it in clause 8.2;
11. “Installation Requirements” means any written installation requirements with respect to the Goods issued by LEMAC to the Buyer together with the supply of the Goods;
12. “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
13. “User Guide” means any written guide for the operation and maintenance of the Goods issued by LEMAC to the Buyer together with the supply of the Goods.
2 General terms and conditions applying under an OZEV Electric Vehicle Homecharge Scheme
2.1 These Terms and Conditions shall apply to the sale of Goods by LEMAC to the Buyer to the exclusion of all other terms and conditions referred to, implied, offered or relied on by the Buyer, by trade, custom, practice or in the course of dealing, whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by LEMAC in writing; 2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by LEMAC; 2.3 The Buyer represents, warrants and undertakes the following:
2.3.1 The Buyer confirms that it has read, agrees with and shall comply with all conditions imposed by the OZEV Electric Vehicle Homecharge Scheme as published from time to time by OZEV, without exception;
2.3.2 The Buyer represents that at the time at which it (or LEMAC on behalf of the Buyer) applies for the EVHS Grant it meets the eligibility criteria as specified by OZEV in order to receive the EVHS Grant (full eligibility conditions can be found on the OZEV website: https://www.gov.uk/government/organisations/office-for-zero-emission-vehicles);
2.3.3 The Buyer confirms that it is the designated primary user / owner, or have a vehicle on order, of a vehicle as defined by OZEV as an eligible electric vehicle for an EVHS Grant subsidised installation, and will confirm the make and model of this vehicle to LEMAC. The Buyer agrees to provide LEMAC with the necessary vehicle ownership and OZEV documents before LEMAC performs the installation of the Goods;
2.3.4 The Buyer confirms that it resides in mainland England, Scotland or Wales, and that the installation address specified on the application form is a residential address and that it either owns the property or has consent from the landlord for the Goods to be installed;
2.3.5 The Buyer confirms that there is a garage or other suitable private off-street parking within the premises, compliant to the conditions set by OZEV, allowing the Buyer to charge the electric vehicle safely and without creating a trip or other health and safety risk to the Buyer or any other party or property, with modern household electrics;
2.3.6 The Buyer shall not claim the VAT back on the installation of the Goods from HMRC; and
2.3.7 As further detailed in and without prejudice to LEMAC’s Customer Privacy Notice (available at www.lemacpower.com), the Buyer confirms that its personal information may be shared with OZEV, LEMAC, as well as other third parties that require this information in order to provide the EVHS Grant or any analogous scheme as may be provided from time to time in the future.
2.4 The Buyer gives LEMAC permission to apply for the EVHS Grant on its behalf and agrees that it may be contacted in the future by OZEV or its agents to conduct a random check. The Buyer shall provide LEMAC with all necessary information, documents and assistance required in order that LEMAC may apply to OZEV on behalf of the Buyer for the EVHS Grant; 2.5 In complying with clauses 2.3 and 2.4 above, the Buyer confirms that it is eligible for the EVHS Grant. If LEMAC subsequently discovers that the Buyer is not eligible for the EVHS Grant for any reason whatsoever, including where the Buyer has misrepresented (whether knowingly or unknowingly) that it is eligible:
2.5.1 If LEMAC has not already done so, LEMAC will not install the Goods unless the Buyer pays the full cost (or any residual balance if applicable) for the Goods and installation without deduction for the EVHS Grant; or
2.5.2 If the Goods have already been installed, LEMAC shall be entitled to recover from the Buyer the full cost (or any residual balance if applicable) for the Goods and of installation without deduction for the EVHS Grant, and in each case, LEMAC shall be entitled to recover from the Buyer any and all claims, liabilities, costs, losses and expenses (including third party claims) LEMAC may incur arising from or in connection with the EVHS Grant (including LEMAC’s costs in applying for the EVHS Grant on the Buyer’s behalf or arising from the Buyer’s ineligibility) or the installation or removal of the Goods at the address specified by the Buyer, in addition to the Cancellation Charge under clause 3.3.2 where the Buyer does not proceed with the installation.
3 Price and payment
3.1 LEMAC will contact the Buyer to request payment of the price of the Goods together with VAT and any other applicable payments under these Terms and Conditions, less the OZEV EVHS Grant. The Buyer must make payment of the net amount due prior to LEMAC processing the Buyer’s EVHS Grant application and installing the Goods; 3.2 After the Buyer has made payment, LEMAC will promptly issue an Invoice to the Buyer including remittance advice showing the amount paid by the Buyer relating to the price, VAT and any other applicable payments under these Terms and Conditions; 3.3 Where the Buyer has made payment under this clause 3:
3.3.1 If the Buyer informs LEMAC within 10 days of making payment that the Buyer does not wish to proceed with the installation of the Goods, LEMAC will refund the Buyer the full amount of the price paid for the Goods as stated in the Invoice;
3.3.2 If the Buyer informs LEMAC after 10 days of making payment that the Buyer does not wish to proceed with the installation of the Goods, LEMAC will refund the Buyer the full amount of the price paid for the Goods as stated in the Invoice less fifty pounds sterling (£50) to cover LEMAC’s cost of processing the Buyer’s application (the “Cancellation Charge”);
3.3.3 LEMAC may waive the Cancellation Charge at its discretion if it deems that the Buyer has cancelled the installation of the Goods more than 10 days after making payment for reasons outside of the Buyer’s control and which the Buyer could not reasonably have foreseen;
3.4 Where any Additional Works are agreed in accordance with clause 8.2 and 8.3, the Buyer must pay LEMAC the Additional Works Charge before the Additional Works will be completed. Where the Additional Works Quotation has been agreed by the Buyer, LEMAC will contact the Buyer to request payment of the Additional Works Charge by approved credit/debit card or bank transfer prior to the completion of the Additional Works; 3.5 Where the Buyer has paid the Additional Works Charge and LEMAC is subsequently unable to undertake the Additional Works at the address specified by the Buyer, LEMAC will refund the full amount of the Additional Works Charge paid by the Buyer. Where LEMAC undertakes part of the Additional Works, LEMAC will refund to the Buyer the amount of the Additional Works Charges attributable to the Additional Works that LEMAC has not undertaken; 3.6 LEMAC shall be entitled to charge interest on any overdue payments from the date when payment becomes due from day to day until the date of payment is received in full by LEMAC at a rate of 2.00% per annum above the base rate of the Bank of England; 3.7 If payment by the Buyer of any amount due to LEMAC is not made when due, LEMAC shall be entitled to terminate the contract with the Buyer.
4.1 Unless otherwise agreed in writing, delivery and installation of the Goods shall take place at the address specified by the Buyer on the date specified by LEMAC. The Buyer shall make all arrangements necessary to take delivery and installation of the Goods;
4.2 The date of delivery specified by LEMAC is an estimate only.
5.1 Risk of loss and damage to the Goods shall pass to the Buyer when the Goods are installed at the Buyer’s premises, except that if the Goods are delivered and stored at the Buyer’s premises prior to installation, risk of loss and damage to the Goods shall pass to the Buyer during such period of storage.
6 Retention of title
6.1 Title to the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until Goods have been installed at the address specified by the Buyer and LEMAC has received cleared payment in full: (i) for such Goods in accordance with these Terms and Conditions; (ii) of all outstanding amounts (including interest) due from the Buyer to LEMAC under this and all other contracts between LEMAC and the Buyer.
7.1 Subject to clause 7.3, the Goods shall be covered by a 36 months repair or replacement warranty (at LEMAC’s discretion) with respect to faulty parts and/or installation arising from any act or omission of LEMAC. This warranty period commences on the date of the original installation of the Goods;
7.2 The Buyer undertakes to promptly notify LEMAC by calling LEMAC’s dedicated customer service call centre of any fault in the Goods and in any event within 7 days of becoming aware of such fault; 7.3 LEMAC’s warranty does not apply in the event of a fault or damage arising from any of the following causes:
7.3.1 Maintenance performed by any person not appointed or authorised by LEMAC;
7.3.2 Installation of the Goods not carried out by LEMAC or one of its contractors;
7.3.3 Damage caused by theft or vandalism or any other third-party act;
7.3.4 Misuse or use of any kind of the Goods by the Buyer that is not in accordance with the User Guide or any other oral or written instructions issued by LEMAC regarding the storage, installation, commissioning, use or maintenance of the Goods;
7.3.5 The use of any connected equipment (such as a charging cable) that is not supplied to the Buyer by LEMAC;
7.3.6 Unauthorized opening of the Goods by the Buyer;
7.3.7 Natural disasters: earthquakes, lightning, wind or water damage, and problems caused by fire or similar events;
7.3.8 Unsuitable storage conditions;
7.3.9 Modifications, additions or any other interference with the Goods by the Buyer, or any other party, or the electric vehicle, including software modifications, without the prior written consent from LEMAC; and
7.3.10 Normal ageing and wear-and-tear of the Goods (i.e. discoloration, normal corrosion).
7.4 Faulty Goods being repaired or replaced under LEMAC’s warranty may need to be removed and returned to LEMAC’s premises at LEMAC’s sole discretion. If the fault is found to have arisen due to any reason for which LEMAC’s warranty does not apply, the costs of the removal, repair, replacement, transportation, delivery, reinstallation, diagnostics, call-out fees and any other costs will be the responsibility of the Buyer. LEMAC reserves the right to suspend the performance of any repair or replacement of the Goods in accordance with LEMAC’s warranty at any time until the Buyer has paid in full for such repair, replacement and/or associated costs for which the Buyer may be responsible;
7.5 Repair, modification or replacement of parts during the warranty period will not extend the original warranty period of the Goods;
7.6 Where the Goods have been manufactured and supplied to LEMAC by a third party, any warranty granted to LEMAC in respect of the Goods shall be passed on to the Buyer;
7.7 LEMAC shall be entitled in its absolute discretion to refund the price of the faulty Goods if such price has already been paid in whole or in part;
7.8 Upon receipt of any Goods returned under LEMAC’s warranty, LEMAC will examine and attempt to remedy any defects identified at its own expense and by whatever means LEMAC deems appropriate. Under this warranty, LEMAC reserves the right to supply new or reconditioned equipment to the Buyer, or by way of repairing the product in LEMAC’s workshops and/or at the point of installation;
7.9 Any part or component in the Goods replaced under LEMAC’s warranty will become the property of LEMAC;
7.10 Except as provided in this clause 7, LEMAC shall have no liability to the Buyer in respect of the failure of the Goods to comply with these Terms and Conditions.
8.1 Unless otherwise agreed with the Buyer, LEMAC shall install the Goods according to a Standard Domestic Installation and:
8.1.1 With reasonable care and skill and in accordance with generally recognised commercial practices and standards in the industry for similar services;
8.1.2 In accordance with the descriptions and specifications set out in the Installation Requirements; and
8.1.3 In accordance with all applicable law.
8.2 The price for the installation of the Goods shall be based upon the information provided by the Buyer to LEMAC. On the day of installation, a site survey will be conducted by LEMAC’s installation engineer. If and to the extent the Goods cannot be installed because:
8.2.1 Any information provided by the Buyer in relation to the installation site is found to be incorrect;
8.2.2 LEMAC’s installation engineer discovers onerous, unusual or challenging conditions at the installation site that adversely affect the installation of the Goods; or
8.2.3 LEMAC cannot install the Goods in line with the requirements of clause 8.1, then, LEMAC may, at its own discretion, either: (i) suspend the installation of the Goods until any necessary Additional Works have been completed by the Buyer; or (ii) provide the Buyer with a written quotation for LEMAC to complete any necessary Additional Works (“Additional Works Quotation”).
8.3 Where LEMAC has provided and the Buyer has accepted an Additional Works Quotation, LEMAC will contact the Buyer to request payment of the Additional Works Charge in accordance with clause 3 prior to completion of the Additional Works;
8.4 In the event that the Buyer does not accept the Additional Works Quotation or cancels the installation of the Goods and/or any Additional Works for any reason, then LEMAC will not continue with the installation of the Goods and/or any Additional Works (as may be applicable) and the Buyer shall be entitled to a refund of any payments received by LEMAC for the Goods or works not undertaken provided that if the Buyer cancels the installation of the Goods and/or Additional Works, LEMAC shall be entitled to deduct from such refund any reasonable costs or expenses that it may incur as a result of such cancellation in addition to the Cancellation Charge under clause 3.3.
9 Smart Connectivity
9.1 LEMAC’s electric vehicle charging units contain proprietary software that enables remote control of the timing and rate of charge being delivered by the unit to the Buyer’s vehicle battery (“Smart Connectivity”). The unit will send and receive information to and from the cloud-based system of our chosen grid services partner such as: when the vehicle is plugged in, details of the Buyer’s chosen charging schedule (as set using LEMAC’s app) and how long the vehicle will take to charge. For more information in relation to Smart Connectivity and our chosen grid services partner, please see the relevant pages on our website and app.
9.2 By using the Goods, the Buyer confirms that it understands that:
9.2.1 Electricity usage data will be collected remotely by LEMAC or our grid services partner;
9.2.2 Electricity usage data is collected for information purposes and the Goods shall not be considered or used as an electricity meter; and
9.2.3 LEMAC shall not be held responsible for the delivery or accuracy of any of the electricity usage data provided;
9.2.4 All data or information transmitted by the unit to our chosen grid services partner shall be safeguarded and processed in accordance with the requirements of the Data Protection Act 2018 as set out in our Customer Privacy Notice (which can be found on our website).
9.3 By using the Goods, our grid services partner may:
9.3.1 Access certain data or information generated, collected, processed or stored by the unit; and
9.3.2 Collect and transmit to itself such information about the Buyer, the Goods itself and the Buyer’s energy consumption from the unit in order to provide the Smart Connectivity services and to optimise the performance of the unit for the Buyer provided that no personal data shall be transmitted unless the Buyer has provided its consent (via the LEMAC app) and in accordance with our Customer Privacy Notice;
9.4 If the Buyer wishes to receive Smart Connectivity services, the Buyer will be required to provide its consent via our website or the app to the collection and transmission to our grid services partner of certain data (including personal data) as specified in the relevant section of our Customer Privacy Notice. As part of providing the Smart Charging Services, our grid services partner may anonymise the Buyer’s energy consumption data, combine it with consumption data from other customers and may share it with third parties in accordance with our Customer Privacy Notice.
9.5 LEMAC withholds the right to disable and/or de-commission the Goods at any time if LEMAC believes (acting reasonably) that the Buyer has abused or misused the Goods or any of the electric usage data provided.
9.6 All of LEMAC’s charging points are equipped with software which allows us to briefly pause charging on instruction from official bodies (for example the National Grid) for the purpose of balancing or maintaining stability of the local or national electricity networks. Under normal circumstances LEMAC does not expect this to have any material effect on charging however the Buyer agrees that this may lead to pauses in charging.
10.1 All implied terms, conditions, representations or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made by LEMAC or not) are, to fullest extent permitted by law, hereby excluded from the sale of the Goods to the Buyer under these Terms and Conditions; 10.2 The Buyer shall indemnify LEMAC and/or any of LEMAC’s contractors, servants, employees and agents against any claim, loss or damage (including indirect and consequential losses), injury, fine or penalty suffered as a result of any act, omission or breach of these Terms & Conditions including the use of the Goods that is not in accordance with the User Guide or any interference, opening up, tampering, modification of or with the Goods, in each case, by the Buyer or persons for whom the Buyer is responsible.
11 Limitation of Liability
11.1 Nothing in the Terms and Conditions limits any liability of either party which cannot legally be limited, including but not limited to liability for:
11.1.1 Death or personal injury caused by negligence;
11.1.2 Fraud or fraudulent misrepresentation; and
11.1.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.2 Subject to clause 11.1, LEMAC’s total liability to the Buyer shall not exceed the price paid for the Goods. LEMAC’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the sale of the Goods;
11.3 To the extent permitted by applicable law and save as provided by clause 10.1 and 11.1, neither party shall be liable to the other with respect to the following types of loss:
11.3.1 Loss of profits;
11.3.2 Loss of sales or business;
11.3.3 Loss of agreements or contracts;
11.3.4 Loss of anticipated savings;
11.3.5 Loss of use or corruption of software, data or information;
11.3.6 Loss of or damage to goodwill; or
11.3.7 Indirect or consequential loss.
12 Intellectual property rights
12.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of LEMAC, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest and remain vested in LEMAC by the execution of appropriate instruments or the making of agreements with third parties.
13 Force Majeure
13.1 LEMAC shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, epidemic or pandemic, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and LEMAC shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as LEMAC considers unreasonable, it may, without liability on its part, terminate the contract with the Buyer.
14 Relationship of parties
14.1 Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15 Assignment and sub-contracting
15.1 The contract between the Buyer and LEMAC for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted by the Buyer without the prior written consent of LEMAC.
16.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
17.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 Personal information and usage data
18.1 LEMAC undertakes that personal information of the Buyer will be safeguarded and processed in accordance with the requirements of the Data Protection Act 2018 as set out in our Customer Privacy Notice (which can be found on our website).
18.2 The Buyer gives its permission for OZEV, as well as other government departments, public bodies, utilities, licensed energy suppliers and LEMAC to use the Buyer’s electric usage data from the Goods (in an anonymised form) to inform future strategy and policy development.
19 Anti-corruption, anti-money laundering and ethical compliance
19.1 The Buyer agrees and undertakes that, in connection with these Terms and Conditions and any transactions under them, it will comply with all applicable anti-money laundering and anti-corruption laws, rules and regulations, decrees and/or official government orders of the United Kingdom, the United States of America, and of any country where the Goods will be transported or distributed to or from in connection with these Terms and Conditions and any transaction under them;
19.2 The Buyer warrants and undertakes that, in connection with these Terms and Conditions and any transactions under them nor any other person acting on its behalf, has made, offered, promised to make or authorized, or will make, offer, promise to make or authorize, any payment or other transfer of anything of value, directly or indirectly to:
19.2.1 Any government official;
19.2.2 Any director, officer, or employee of LEMAC or any of its affiliates;
19.2.3 Any political party, official of a political party, or candidate for public office;
19.2.4 An agent or intermediary for payment to any of the foregoing; or
19.2.5 Any other person or entity,
19.3 In each case, for the purpose of obtaining or influencing official actions or decisions or securing any improper advantage in order to obtain or retain business, if such payment or transfer would violate or be inconsistent with the principles of any applicable anti-corruption legislation, including but not limited to the anti-corruption laws of the United Kingdom, the United States of America or of any country where goods will be transported or distributed to or from in connection with these Terms and Conditions;
19.4 For the purposes of this clause, the term “government official” shall include any minister, deputy minister, manager, civil servant, director, officer, or employee of any government or any department, agency or instrumentality of any government, and/or of any public sector company or an enterprise in which a government owns a majority or controlling interest, and/or of any public international organization. This term also includes any police or military personnel and any person acting in any official, administrative or judicial capacity for or on behalf of any such government or such department, agency, instrumentality, company or public international organization.
19.6 The Buyer confirms that it has reviewed the bp Code of Conduct (a copy of which is available at www.bp.com) and agrees and undertakes that, in connection with these Terms and Conditions and any transactions under them, it will act consistently with the applicable principles of the bp Code of Conduct in all material respects.
20 Governing law
20.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.
21.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.