Terms & Conditions
Plug-N-Go Group
Use of Public EV Charge Points Terms and Conditions
Valid as of 21 July 2023
PNG Assets 1 Limited, a UK company with Registered Office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, Plug-N-Go (CI) Limited, a Guernsey company with Registered Office at Electricity House, Northside, Vale, Guernsey GY3 5TW and Plug-N-Go (Gibraltar) Limited, a Gibraltar company with Registered Office at 19A Town Range, PO Box 872, Gibraltar GX11 1AA, together trading as “Plug-N-Go”, (“PNG”) install, own and operate electric vehicle charge points throughout the UK, Guernsey and Gibraltar, which are available to the public to re-charge their vehicles.
These terms and conditions regulate the relationship between PNG and the electric vehicle driver (hereinafter “the Customer” or “you”) when the Customer is intending to connect to a PNG charge point (hereinafter “the Service“). The term Customer refers to both legal and natural persons.
The Service may include the provision and use of a RFID card / PNG fob as an alternative means for connection to the Service, if specifically ordered by the Customer.
These terms and conditions shall not apply in cases where they limit the Customer’s rights as defined in consumer rights and protection and other legislation and regulations.
All Customer data will be administered in compliance with the EU’s General Data Protection Regulation (2016/679), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and all applicable English, Guernsey or Gibraltar law and regulations relating to the processing of personal data and privacy, including where applicable, the mandatory guides and codes of practice issued by the Information Commissioner of the relevant jurisdiction.
1. Connection to the Service
The connection to the Service occurs initially via PNG’s mobile application.
Once you have filled in your personal details and given us your payment card details, you will not have to repeat it, when you charge at a PNG charge point in future.
If you connect via a RFID card / fob (which we will mail to you if you request one via this mobile application), in future you will just need to touch the charge point where indicated with the card / fob and the charge point will recognize you and access your account on the PNG database.
2. Cancellation of the Service
In your capacity as a consumer, you have the right to give notice to terminate the agreement within 14 days from entering into this agreement, without specifying a reason.
In the case where you have ordered a RFID card / fob, the agreement is deemed to commence when you register as a subscriber for the card / fob. The cancellation is considered to be effective when you send PNG the cancellation notification before the end of the cancellation period.
If you have used the Service before the end of the cancellation period, you will pay PNG its normal, published fees for the Service provided before the cancellation notification is made.
To exercise your right to cancel, you must notify PNG of your decision, providing your name, telephone number, and e-mail address, together with an unambiguous statement detailing the decision to cancel. The notice of cancellation can either be sent by e-mail to info@plug-n-go.com or by telephone to PNG’s customer service, (tel. 0330 232 1111).
3. Payment via the PNG payment system
To operate the PNG charge point, you must first authenticate yourself either via this mobile application or by touching your RFID card / fob where indicated on the charge point.
Using the Service via a RFID card / fob or the mobile application requires prior registration with PNG by you and a request for the RFID card / fob to be mailed to you. Such registration requires you to provide personal information to PNG, such as full name, address, email address, credit / debit card details and a password for your account.
Charging which takes place via RFID card/fobs or the mobile application is automatically debited to your payment card or, for larger users, invoiced in arrears by bill, if the latter option is offered to you.
It is your responsibility to ensure that the user information held by PNG is kept up-to-date. After registration, you will be sent a one-time registration token by email to confirm your account is open. PNG is not responsible for data incorrectly input during or after registration.
By accepting the terms and conditions upon registration, you accept that PNG will debit the charging fee, including applicable taxes and service charges, to the payment card detailed on your original application (unless PNG has been informed in writing that these details have been changed).
The charging fee, which is based on the amount of electricity consumed at the predetermined price per kWh, notified to you before charging (see 5 below), and will be calculated once the charging is completed and charged to your nominated payment card. Charging may be terminated automatically according to your instructions when plugging-in or when extended, or by you at any time.
The PNG payment system can only be used at charge points which are connected to the PNG network or its roaming partners, whose details will be provided on request. The location of PNG’s chargers are shown in the PNG mobile application and all are branded with PNG markings.
4. Your obligations and commitments
It is your responsibility, as the Customer, to:
– ensure that charging begins and is completed correctly. In order to verify that the charging has begun, you should refer to the instructions displayed on or near the charger. Charging via a RFID card / fob or mobile application begins when you have connected your vehicle to the charge point according to the instructions and your identity has been authenticated, by touching your RFID card / fob or by activation through this mobile application. It is your responsibility to ensure that your vehicle is equipped to receive a charge at the charge point
– ensure that your registered payment card is valid, that it has sufficient balance available and is not blocked. In the event that debiting is not possible, PNG has the right to seek payment from you by other means, such as by sending a separate invoice for your use of the Service
– ensure that your payment information on your PNG account is up-to-date and valid at the time of attempting to use the Service. Failure to do so can result in PNG closing your account. PNG reserves the right to introduce monthly membership fees for the Service. If such fees are introduced, you will be informed of such changes with at least 30 days ‘ notice. In case of the introduction of such fees, you are responsible for payment of the monthly membership fee until membership is terminated
PNG has the right to close your account immediately if you do not have a sufficient balance on your account or if you fail to pay an invoice on the due date. In the event of late payment, PNG reserves the right to charge interest on the late payment at 4% over NatWest Bank base rate, and, where relevant, a collection fee.
You are responsible for complying with the specific parking restrictions and regulations at the location of the charge point.
5. Price of Services
Plug-N-Go offers its customers different charging services with varying features and prices.
The price of the service for each charge point is displayed on the mobile application. The price may vary between daytime, peak time and nighttime and may be Customer specific, in which case it may differ from the basic price. Prices may also increase / decrease due to the wholesale price of electricity at which PNG purchases energy from its suppliers.
6 General Terms and Conditions
Information on your purchase transactions is visible in real time on your PNG account, which can be viewed on the PNG mobile application. Reports of your account may be read and printed at any time. PNG will retain your charging information for at least 12 months.
– Responsibility for your personal password
When you register for the Service, you will be asked to provide your email address and a chosen password for logging in to your account. PNG then sends you a one-time registration token by email to confirm that the account is open and operating. You are responsible for keeping your password secure and should avoid writing the password down so that third parties can understand what it is used for. You should not record the password in a way which allows others to gain access to the information.
You must immediately notify PNG’s customer service (tel: 00330 232 1111) if there is any reason to believe that an unauthorised person has gained access to or knowledge of the password.
– Unauthorised use of the Service
You are responsible for any unauthorized use of the Service under your control. You are obliged to notify PNG immediately or as soon as possible if you believe that your account has been used by an unauthorized person or in an authorized manner
If the PNG RFID card / fob, or your mobile phone on which the PNG mobile application is installed, is lost or stolen, you must immediately (within two (2) days of becoming aware of the loss or theft of the RFID card or the mobile phone) report the loss to PNG’s customer service (tel 0330 232 1111). If you do not notify the loss or theft of the PNG RFID card or the mobile phone within the aforementioned time limit, you will be responsible for any reported purchase transactions in full.
– Complaints and investigation of a PNG charging transaction.
If you are intending to submit a complaint you must notify PNG within 30 days of the date on which the purchase transaction in question was registered on your account. The notice must clearly indicate the basis for the complaint. If this is not clearly stated, you will lose your right to have your complaint investigated and, if justified, the matter corrected, apart from requirements under the relevant legislation. When you submit a complaint, PNG will carry out a technical investigation.
Complaints regarding incorrect charging costs are processed and determined by PNG. If and when a complaint is accepted, PNG will compensate you for the disputed amount without delay. If the complaint is rejected, PNG will inform you of the result of the investigation of the complaint and the reasons by which PNG justifies its position.
– Changes to the Services or terms and conditions
Both parties are aware that both the electric vehicle charging and the mobile payments sector is rapidly developing. PNG therefore reserves the right to modify these terms and conditions to adapt its services, or the terms and conditions, to new or modified technologies, devices, standards, legislation, policies, or to appropriate technical, information security, administrative, business, operations, or other relevant procedures. PNG will inform all Customers of such proposed changes with 30 days’ notice via the website www.plug-n-go.com. If you do not agree to the changes in the terms and conditions, you have the right to terminate the agreement.
– Termination of this agreement
PNG has the right to give notice to terminate this agreement, if, having received a reminder, you have not, within a reasonable period, remedied the situation in the following cases:
– You do not meet your payment obligations
– You use the Service contrary to the terms and conditions of this agreement or to the obligations you have towards PNG.
– PNG has cause to suspect that the Service is being misused.
It is then your responsibility to terminate your membership if the Service is not intended to be used, e.g. if the vehicle is sold or temporarily out of use, etc.
– Termination of subscription membership (if applicable).
If you have entered into a subscription membership arrangement, you may terminate your membership with one (1) month’s period of notice, effective from the end of the current subscription period. You must send notice of termination by e-mail to info@plug-n-go.com or by contacting Customer Services at PNG (tel 0330 232 1111).
7. Processing of personal data
PNG will only collect personal data which is required to provide the Service to you in an efficient and customer-friendly way. The amount of data collected upon registration is minimized. Data is only collected if you use a specific feature which requires that data collection. Examples include credit card details to allow payment, address information for sending our RFID Cards/Fobs.
Personal data may be processed to provide the information and services you need, related to, for example, marketing and the development and follow-up of sales and products. PNG may disclose names or e-mail addresses to external parties, but only those that administer the contractual obligations of PNG relating to the PNG Service, on behalf of it, such as card payment providers.
All personal data has a clearly defined retention period in the system. If a user has not been active during a certain period, the system will automatically consider that user’s account to be inactive. The user will be notified of this change of account status. If the account is not re-activated by the user, either by logging into the mobile application or using another identifier to access one of PNG chargers, the user account will automatically be terminated and the Customer’s data will be deleted or anonymized. This is to ensure that users who may have registered, but forgotten that they did so, are not required to take any action to have their account deleted, if the account remains inactive for a sufficiently long period.
8. Liability and limitation of liability of PNG
The different charging services offered by PNG may have separate warranty conditions. In addition to the manufacturer’s product warranty stated in the product-specific warranty conditions, the Consumer Rights Act and other mandatory legal provisions shall apply to the liability for defects of PNG’s Services
PNG is not responsible for damage, loss or unavailability of the Service if:
– The mobile phone network or related functions are not working.
– The mobile phone telephone operator has changed its telephone service so that payment via the PNG mobile application is no longer possible.
– The supply of electricity to the charge point has been suspended or cut, for reasons outside the control of PNG
– A Plug-N-Go RFID card/app or the Customers mobile phone is lost or stolen and misused by another person.
PNG is not responsible for any fines, clamping or tow-charges where you park your vehicle in contravention of the law and regulations laid down by the landlord, site owner or municipality.
PNG is not responsible for damage or loss caused by a legal provision, official action, war, sabotage, failure or delay in delivery, telephone connections or other traffic and communications connections and transportation, strike, boycott, epidemic, pandemic or other similar circumstances beyond the control of PNG (Force Majeure). The proviso regarding strike, boycott and blockade also applies where PNG is the subject of the said actions.
Any damage or loss that occurs in other circumstances will not be reimbursed by PNG, including indirect damage, such as loss of income or damage to the relationship between you and third parties, except if the loss is caused by negligence, gross negligence or willfulness on the part of PNG and never in excess of what you are entitled to under mandatory legislation.
9. Disputes and Law
Both Parties will use reasonable endeavours to resolve a dispute within 14 days from receipt by PNG of the written complaint by you. In the event that the dispute has not been resolved within the said period, either Party may refer such dispute for investigation and determination by such person, firm or company as the Parties may agree. If agreement cannot be reached, either Party may pursue any remedy at law.
This Agreement and the Terms and Conditions applying to it will be governed by and read in accordance with the law of the jurisdiction in which the charge point is located and, in the UK, it will be subject to the laws of England, and the jurisdiction of the Courts of England; in Guernsey it will be the laws of Guernsey and the jurisdiction of the Courts of Guernsey; in Gibraltar it will be the laws of Gibraltar and the jurisdiction of the Courts of Gibraltar.
United Kingdom
PLUG-N-GO LIMITED: UK TERMS AND CONDITIONS
SALE OF HARDWARE AND / OR INSTALLATION SERVICES
Terms and Conditions
- Any contract or agreement between you and us for the sale and/or installation of EV charging hardware is subject to the Terms and Conditions set out below. We reserve the right to amend these Terms and Conditions and any amendments will be notified to you when we send you a quotation
- The term “we”, ”us” or “our” means Plug-N-Go Limited, an English company with registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ. The term “you” and “yours” means the customer purchasing hardware and/or installation services from us.
Validity of Quotations
- Our quotation provides details of the cost of the electric vehicle charging hardware and/or installation services for which you may place an order. No binding order is deemed to be made until we receive your written confirmation of an order and we have accepted it.
- The acceptance of our quotation constitutes acceptance by you of these Terms and Conditions
- Provided you confirm your order to us within 30 days of the date of our quotation, the prices quoted will be fixed, unless the quotation states otherwise. If your order is not placed within that period, any increase in the cost to us of components, materials, labour, transport, overheads or other items may result in an increased invoice price.
- If delivery or installation are postponed at your request or by circumstances under your control, we will invoice you for any resulting costs which we may incur
- Any variations or additions to the sale or service must be confirmed by you to us in writing and will be charged for by us in addition to the price quoted
- No representative, agent or salesperson, who is not a director of Plug-N-Go has any authority to amend or waive any of these Terms and Conditions
Extras and delays
- All quotations relate only to the goods and services specified therein. Drawings and dimensions must be treated as approximate. All extras and accessories ordered, which are not specified in our quotation will be charged for separately, as will the costs of all alterations, additions and extra work undertaken at your request.
- The acceptance by you of our quotation must enable us to start work forthwith or at the date agreed between us. In the case of any material delay, we shall be at liberty to amend the price to cover any increase costs of labour or materials which may occur after acceptance of the quotation.
- We reserve the right to amend the specifications of the hardware supplied in the case that new law or regulations so require.
- Delivery or installation dates given by us will be approximate and subject to performance by manufacturers and subcontractors. Under no circumstances will delivery or installation dates be, or be capable of being, the essence of our contract.
Purchase of hardware
- All hardware is quoted on a “delivered” basis to the site nominated by you. The quotation will include the costs of delivery. Delivery dates are our best estimate and may be subject to delay through factors outside of our control.
- Most hardware sold by us benefits from the manufacturer’s warranty, which we will assign to you on delivery / installation.
Work on Site
- If we quote for the provision of installation services on your premises or, at your request, on another premises, we will expect free and safe access to the site and the electrical distribution point. We will also require safe storage of all our hardware, any materials , tools, plant and equipment on site. We may also require a source of electricity.
- You will comply with the latest Health and Safety at Work Legislation and must ensure that the site is safe and without risk to the health and safety of all persons working there. We will prepare a Risk Assessment Method Statement (RAMS). If you wish us to complete a RAMS in your preferred form, you must advise us on acceptance of the quotation.
Payment and passing of title
- Unless otherwise agreed by us, we will issue an invoice for hardware sales to you on confirmation of your order or on collection/delivery of the items. This will be payable immediately.
- In the case of sale and installation, unless otherwise agreed by us, we will issue a sales invoice on commencement of the work, which will become payable immediately or in accordance with the credit terms agreed with you. Where there is a substantial element of hardware, which we have to purchase ourselves, we may ask you for an immediate payment on account. Any balance will become payable within 14 days of the date of delivery of the hardware to you or on completion of the installation.
- Unless indicated otherwise, all sums payable under this contract will incur Value Added Tax or any other sales tax or duty chargeable at the prevailing rate under any relevant local legislation.
- Ownership of the hardware will not pass to you until you have paid us in full. Until such time as the ownership of the goods passes to you, you will hold the goods as our fiduciary agent and bailee and will properly store, protect, insure and identify the goods as our property.
- No dispute as to quality or performance of the goods or services shall entitle you to delay payment unless we agree in writing that it is justified to do so
- In the event of you failing to comply with our terms of payment, we reserve the right, without notice, to discontinue forthwith the provision of goods and services to you and suspend any work under a contract with you.
Limitation of Liability
- We will not be liable for any loss, damage, loss of profit or expense, whether direct, indirect or consequential, which you may suffer by reason of late delivery of hardware, performance by a subcontractor or completion of the installation, due to factors outside our control.
- We accept that we are liable for the death or injury of third parties resulting from negligence of our employees or subcontractors, acting in the course of their employment. In relation to defects in the hardware sold to you by us, we may also be liable under the local Consumer Protection legislation, but only to the extent that such liability cannot lawfully be excluded.
- We carry third-party liability insurance adequate for the liabilities we may incur
- Apart from our agreement to rectify any defects or errors in our services and to replace or repair the hardware or infrastructure, where there is loss or damage :
26.1 our maximum liability to you for the direct loss or damage under this contract or arising from any act or omission, will not exceed the total amount paid by you under this contract
26.2 we will not be liable to you under any circumstances for any indirect or consequential losses, including, for example, loss of profits
- We will not be liable for any failure in the hardware or the infrastructure to which it is connected, if
27.1 the defect arises because you, one of your employees or a subcontractor fails to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice regarding the same
27.2 you alter or repair the hardware without our written consent
27.3 the defect arises due to fair wear and tear, wilful damage, negligence or abnormal working conditions
- If, owing to hostilities (whether war has been declared or not), government restrictions, strikes, riots or civil commotion, difficulty or inability to obtain necessary raw materials, epidemic, pandemic, major movements in international exchange rates, or any other force majeure beyond our reasonable control, we decide it would be unreasonable or uneconomical to deliver the whole or any part of the goods or services, we shall have the right, on giving you notice in writing, to cancel the supply of hardware and services or the undelivered balance of any order
- In the event of cancellation under clause 28, you will not be entitled to make any claim arising from such cancellation other than a refund (without interest) of any advance payment made or a reasonable proportion thereof in respect of the cancellation of part of such order, as the case may be
Disputes
- Any disputes which we cannot settle amicably between us and you, relating to the completeness or quality of the hardware and / or our services shall be referred to an expert to be agreed upon or, if we or you cannot agree the choice of expert within 14 days of an expert being proposed by either party, to an expert nominated by the President for the time being of the Institute of Electrical Engineers. The written report of the expert will be accepted by both parties and the costs of the expert shall be paid by such party as the expert may direct.
Validity and waiver
- If any provision of these Terms and Conditions is ruled to be invalid for any reason, that invalidity will not affect the rest of this contract, which will remain valid and enforceable in all respects
- No waiver by us of any breach or obligation by you shall constitute a waiver of any other term or condition of the contract
Notices
- Any notice given by one party to the other in connection with the contract shall be in writing and shall be delivered by pre-paid first class post to its registered office or such other address as each party has informed the other
- Any notice shall be deemed to have been received on the third working day after posting.
Third party rights
- The parties to the contract and these terms and conditions do not intend that any of its terms will be enforceable by any person not party to it by virtue of the Contracts (Rights of Third Parties) Act 1999
Jurisdiction
- The contract and these terms and conditions are governed by English law and, subject to the provisions as to the resolution of disputes, both parties nominate the Courts of England and Wales as the forum to hear and decide on any proceedings to settle a dispute in connection with this contract
T&Cs 21-07-2023 v.3
Guernsey
PLUG-N-GO (C.I.) LIMITED : GUERNSEY TERMS AND CONDITIONS
SALE OF HARDWARE AND / OR INSTALLATION SERVICES
Terms and Conditions
- Any contract or agreement between you and us for the sale and / or installation of EV charging hardware is subject to the Terms and Conditions set out below. We reserve the right to amend these Terms and Conditions and any amendments will be notified to you when we send you a quotation
- The term “we”, ”us” or “our” means Plug-N-Go (C.I.) Limited, a Guernsey company with registered office at Electricity House, Northside, Vale, Guernsey, Channel Islands GY3 5TW. The term “you” and “yours” means the customer purchasing hardware and / or installation services from us.
Validity of Quotations
- Our quotation provides details of the cost of the electric vehicle charging hardware and / or installation services for which you may place an order. No binding order is deemed to be made until we receive your written confirmation of an order and we have accepted it.
- The acceptance of our quotation constitutes acceptance by you of these Terms and Conditions
- Provided you confirm your order to us within 30 days of the date of our quotation, the prices quoted will be fixed, unless the quotation states otherwise. If your order is not placed within that period, any increase in the cost to us of components, materials, labour, transport, overheads or other items may result in an increased invoice price.
- If delivery or installation are postponed at your request or by circumstances under your control, we will invoice you for any resulting costs which we may incur
- Any variations or additions to the sale or service must be confirmed by you to us in writing and will be charged for by us in addition to the price quoted
- No representative, agent or salesperson, who is not a director of Plug-N-Go (C.I.) Ltd has any authority to amend or waive any of these Terms and Conditions
Extras and delays
- All quotations relate only to the goods and services specified therein. Drawings and dimensions must be treated as approximate. All extras and accessories ordered , which are not specified in our quotation will be charged for separately, as will the costs of all alterations, additions and extra work undertaken at your request.
- The acceptance by you of our quotation must enable us to start work forthwith or at the date agreed between us. In the case of any material delay, we shall be at liberty to amend the price to cover any increase costs of labour or materials which may occur after acceptance of the quotation.
- We reserve the right to amend the specifications of the hardware supplied in the case that new law or regulations so require.
- Delivery or installation dates given by us will be approximate and subject to performance by manufacturers and subcontractors. Under no circumstances will delivery or installation dates be, or be capable of being, the essence of our contract.
Purchase of hardware
- All hardware is quoted on a “delivered” basis to the site nominated by you. The quotation will include the costs of delivery. Delivery dates are our best estimate and may be subject to delay through factors outside of our control.
- Most hardware sold by us benefits from the manufacturer’s warranty, which we will assign to you on delivery / installation.
Work on Site
- If we quote for the provision of installation services on your premises or, at your request, on another premises, we will expect free and safe access to the site and the electrical distribution point. We will also require safe storage of all our hardware, any materials , tools, plant and equipment on site. We may also require a source of electricity.
- You will comply with the latest Health and Safety at Work Legislation and must ensure that the site is safe and without risk to the health and safety of all persons working there. We will prepare a Risk Assessment Method Statement (RAMS). If you wish us to complete a RAMS in your preferred form, you must advise us on acceptance of the quotation.
Payment and passing of title
- Unless otherwise agreed by us, we will issue an invoice for hardware sales to you on confirmation of your order or on collection / delivery of the items. This will be payable immediately.
- In the case of sale and installation, unless otherwise agreed by us, we will issue a sales invoice on commencement of the work, which will become payable immediately or in accordance with the credit terms agreed with you. Where there is a substantial element of hardware, which we have to purchase ourselves, we may ask you for an immediate payment on account. Any balance will become payable within 14 days of the date of delivery of the hardware to you or on completion of the installation.
- Unless indicated otherwise , all sums payable under this contract will incur Value Added Tax, Goods and Services Tax or any other sales tax or duty chargeable at the prevailing rate under any relevant local legislation.
- Ownership of the hardware will not pass to you until you have paid us in full. Until such time as the ownership of the goods passes to you, you will hold the goods as our fiduciary agent and bailee and will properly store, protect, insure and identify the goods as our property.
- No dispute as to quality or performance of the goods or services shall entitle you to delay payment unless we agree in writing that it is justified to do so
- In the event of you failing to comply with our terms of payment, we reserve the right, without notice, to discontinue forthwith the provision of goods and services to you and suspend any work under a contract with you.
Limitation of Liability
- We will not be liable for any loss, damage, loss of profit or expense, whether direct, indirect or consequential, which you may suffer by reason of late delivery of hardware, performance by a subcontractor or completion of the installation, due to factors outside our control.
- We accept that we are liable for the death or injury of third parties resulting from negligence of our employees or subcontractors, acting in the course of their employment. In relation to defects in the hardware sold to you by us, we may also be liable under the local Consumer Protection legislation, but only to the extent that such liability cannot lawfully be excluded.
- We carry third party liability insurance adequate for the liabilities we may incur.
- Apart from our agreement to rectify any defects or errors in our services and to replace or repair the hardware or infrastructure, where there is loss or damage :
26.1 our maximum liability to you for the direct loss or damage under this contract or arising from any act or omission, will not exceed the total amount paid by you under this contract
26.2 we will not be liable to you under any circumstances for any indirect or consequential losses, including, for example, loss of profits
- We will not be liable for any failure in the hardware or the infrastructure to which it is connected, if
27.1 the defect arises because you, one of your employees or a subcontractor fails to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice regarding the same
27.2 you alter or repair the hardware without our written consent
27.3 the defect arises due to fair wear and tear, wilful damage, negligence or abnormal working conditions
- If, owing to hostilities (whether war has been declared or not), government restrictions, strikes, riots or civil commotion, difficulty or inability to obtain necessary raw materials, epidemic, pandemic, major movements in international exchange rates, or any other force majeure beyond our reasonable control, we decide it would be unreasonable or uneconomical to deliver the whole or any part of the goods or services, we shall have the right, on giving you notice in writing, to cancel the supply of hardware and services or the undelivered balance of any order
- In the event of cancellation under clause 28, you will not be entitled to make any claim arising from such cancellation other than a refund (without interest) of any advance payment made or a reasonable proportion thereof in respect of the cancellation of part of such order, as the case may be
Disputes
- Any disputes which we cannot settle amicably between us and you, relating to the completeness or quality of the hardware and / or our services shall be referred to an expert to be agreed upon or, if we or you cannot agree the choice of expert within 14 days of an expert being proposed by either party, to an expert nominated by the President for the time being of the Institute of Electrical Engineers. The written report of the expert will be accepted by both parties and the costs of the expert shall be paid by such party as the expert may direct.
Validity and waiver
- If any provision of these Terms and Conditions is ruled to be invalid for any reason, that invalidity will not affect the rest of this contract, which will remain valid and enforceable in all respects
- No waiver by us of any breach or obligation by you shall constitute a waiver of any other term or condition of the contract
Notices
- Any notice given by one party to the other in connection with the contract shall be in writing and shall be delivered by pre-paid first class post to its registered office or such other address as each party has informed the other
- Any notice shall be deemed to have been received on the third working day after posting.
Third party rights
- The parties to the contract and these terms and conditions do not intend that any of its terms will be enforceable by any person not party to it.
Jurisdiction
- The contract and these terms and conditions are governed by Guernsey law and, subject to the provisions as to the resolution of disputes, both parties nominate the Courts of Guernsey as the forum to hear and decide on any proceedings to settle a dispute in connection with this contract
T&Cs 24-07-2023 v.3
Gibraltar
PLUG-N-GO (GIBRALTAR) LIMITED : GIBRALTAR TERMS AND CONDITIONS
SALE OF HARDWARE AND / OR INSTALLATION SERVICES
Terms and Conditions
- Any contract or agreement between you and us for the sale and / or installation of EV charging hardware is subject to the Terms and Conditions set out below. We reserve the right to amend these Terms and Conditions and any amendments will be notified to you when we send you a quotation
- The term “we”, ”us” or “our” means Plug-N-Go (Gibraltar) Limited, a Gibraltar company with registered office at 19A Town Range, PO Box 872, Gibraltar, GX11 1AA. The term “you” and “yours” means the customer purchasing hardware and / or installation services from us.
Validity of Quotations
- Our quotation provides details of the cost of the electric vehicle charging hardware and / or installation services for which you may place an order. No binding order is deemed to be made until we receive your written confirmation of an order and we have accepted it.
- The acceptance of our quotation constitutes acceptance by you of these Terms and Conditions
- Provided you confirm your order to us within 30 days of the date of our quotation, the prices quoted will be fixed, unless the quotation states otherwise. If your order is not placed within that period, any increase in the cost to us of components, materials, labour, transport, overheads or other items may result in an increased invoice price.
- If delivery or installation are postponed at your request or by circumstances under your control, we will invoice you for any resulting costs which we may incur
- Any variations or additions to the sale or service must be confirmed by you to us in writing and will be charged for by us in addition to the price quoted
- No representative, agent or salesperson, who is not a director of Plug-N-Go (Gibraltar) has any authority to amend or waive any of these Terms and Conditions
Extras and delays
- All quotations relate only to the goods and services specified therein. Drawings and dimensions must be treated as approximate. All extras and accessories ordered , which are not specified in our quotation will be charged for separately, as will the costs of all alterations, additions and extra work undertaken at your request.
- The acceptance by you of our quotation must enable us to start work forthwith or at the date agreed between us. In the case of any material delay, we shall be at liberty to amend the price to cover any increase costs of labour or materials which may occur after acceptance of the quotation.
- We reserve the right to amend the specifications of the hardware supplied in the case that new law or regulations so require.
- Delivery or installation dates given by us will be approximate and subject to performance by manufacturers and subcontractors. Under no circumstances will delivery or installation dates be, or be capable of being, the essence of our contract.
Purchase of hardware
- All hardware is quoted on a “delivered” basis to the site nominated by you. The quotation will include the costs of delivery. Delivery dates are our best estimate and may be subject to delay through factors outside of our control.
- Most hardware sold by us benefits from the manufacturer’s warranty, which we will assign to you on delivery / installation.
Work on Site
- If we quote for the provision of installation services on your premises or, at your request, on another premises, we will expect free and safe access to the site and the electrical distribution point. We will also require safe storage of all our hardware, any materials , tools, plant and equipment on site. We may also require a source of electricity.
- You will comply with the latest Health and Safety at Work Legislation and must ensure that the site is safe and without risk to the health and safety of all persons working there. We will prepare a Risk Assessment Method Statement (RAMS). If you wish us to complete a RAMS in your preferred form, you must advise us on acceptance of the quotation.
Payment and passing of title
- Unless otherwise agreed by us, we will issue an invoice for hardware sales to you on confirmation of your order or on collection / delivery of the items. This will be payable immediately.
- In the case of sale and installation, unless otherwise agreed by us, we will issue a sales invoice on commencement of the work, which will become payable immediately or in accordance with the credit terms agreed with you. Where there is a substantial element of hardware, which we have to purchase ourselves, we may ask you for an immediate payment on account. Any balance will become payable within 14 days of the date of delivery of the hardware to you or on completion of the installation.
- Unless indicated otherwise , all sums payable under this contract will incur Value Added Tax or any other sales tax or duty chargeable at the prevailing rate under any relevant local legislation.
- Ownership of the hardware will not pass to you until you have paid us in full. Until such time as the ownership of the goods passes to you, you will hold the goods as our fiduciary agent and bailee and will properly store, protect, insure and identify the goods as our property.
- No dispute as to quality or performance of the goods or services shall entitle you to delay payment unless we agree in writing that it is justified to do so
- In the event of you failing to comply with our terms of payment, we reserve the right, without notice, to discontinue forthwith the provision of goods and services to you and suspend any work under a contract with you.
Limitation of Liability
- We will not be liable for any loss, damage, loss of profit or expense, whether direct, indirect or consequential, which you may suffer by reason of late delivery of hardware, performance by a subcontractor or completion of the installation, due to factors outside our control.
- We accept that we are liable for the death or injury of third parties resulting from negligence of our employees or subcontractors, acting in the course of their employment. In relation to defects in the hardware sold to you by us, we may also be liable under the local Consumer Protection legislation, but only to the extent that such liability cannot lawfully be excluded.
- We carry third party liability insurance adequate for the liabilities we may incur
- Apart from our agreement to rectify any defects or errors in our services and to replace or repair the hardware or infrastructure, where there is loss or damage :
26.1 our maximum liability to you for the direct loss or damage under this contract or arising from any act or omission, will not exceed the total amount paid by you under this contract
26.2 we will not be liable to you under any circumstances for any indirect or consequential losses, including, for example, loss of profits
- We will not be liable for any failure in the hardware or the infrastructure to which it is connected, if
27.1 the defect arises because you, one of your employees or a subcontractor fails to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice regarding the same
27.2 you alter or repair the hardware without our written consent
27.3 the defect arises due to fair wear and tear, wilful damage, negligence or abnormal working conditions
- If, owing to hostilities (whether war has been declared or not), government and / or political restrictions, strikes, riots or civil commotion, difficulty or inability to obtain necessary raw materials, epidemic, pandemic, major movements in international exchange rates, or any other force majeure beyond our reasonable control, we decide it would be unreasonable or uneconomical to deliver the whole or any part of the goods or services, we shall have the right, on giving you notice in writing, to cancel the supply of hardware and services or the undelivered balance of any order
- In the event of cancellation under clause 28, you will not be entitled to make any claim arising from such cancellation other than a refund (without interest) of any advance payment made or a reasonable proportion thereof in respect of the cancellation of part of such order, as the case may be
Disputes
- Any disputes which we cannot settle amicably between us and you, relating to the completeness or quality of the hardware and / or our services shall be referred to an expert to be agreed upon or, if we or you cannot agree the choice of expert within 14 days of an expert being proposed by either party, to an expert nominated by the President for the time being of the Institute of Electrical Engineers. The written report of the expert will be accepted by both parties and the costs of the expert shall be paid by such party as the expert may direct.
Validity and waiver
- If any provision of these Terms and Conditions is ruled to be invalid for any reason, that invalidity will not affect the rest of this contract, which will remain valid and enforceable in all respects
- No waiver by us of any breach or obligation by you shall constitute a waiver of any other term or condition of the contract
Notices
- Any notice given by one party to the other in connection with the contract shall be in writing and shall be delivered by pre-paid first class post to its registered office or such other address as each party has informed the other
- Any notice shall be deemed to have been received on the third working day after posting.
Third party rights
- The parties to the contract and these terms and conditions do not intend that any of its terms will be enforceable by any person not party to it
Jurisdiction
- The contract and these terms and conditions are governed by Gibraltar law and, subject to the provisions as to the resolution of disputes, both parties nominate the Courts of Gibraltar as the forum to hear and decide on any proceedings to settle a dispute in connection with this contract
T&Cs 24-07-2023 v.3