Terms & Conditions

Last updated on 20/01/2022

Evse Group Pty Ltd ABN 56 653 273 128

trading under the business name ‘EV Powerhouse’

TERMS AND CONDITIONS FOR BUYING PRODUCTS, SERVICES AND JUST BROWSING

Welcome to EV Powerhouse.

In these terms, we also refer to EV Powerhouse as “EV Powerhouse”, “our”, “we, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being https://evpowerhouse.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).

We sell electric vehicle chargers as well as cables, adapters and plugs and other accessories, as well as installation services for electric vehicle chargers performed by third party contractors. These terms also apply when you purchase products through this Website (“Products”) or services through this Website (“Services”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

• ‎Part A: Terms for when you buy Products or Services (applies when you buy)
• ‎Part B: Terms for when you browse and interact with this Website (applies when you browse)
• ‎Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
• Part D: Estimated delivery times

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products or Services unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products or Services. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products or Services. You can check the date at the top of this page to see when we last updated these terms.

Part A (For When You Buy Products or Services…)

1 SUBMITTING AN ORDER

a) By submitting an order for purchase of a Product or Service using the Website’s functionality (Order) you represent and warrant that:

• • • • • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
        • you are authorised to use the debit or credit card you provide with your Order.

b) Submitting an Order constitutes your intention and offer to enter into ‎Part A of these terms (including ‎Part C which you agreed to by using this Website) where we will provide you with the Products and/or Services you have ordered in exchange for your payment of the total amount listed upon checkout.

c) ‎Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

d) To the extent context permits, the terms “Products” and “Services” are interchangeable throughout this agreement.

2. Guest Checkout

• • This clause 2 applies if you are not eligible to access our EV Powerhouse Membership Portal under clause 3 (Membership Portal).
  • You must submit an Order as a guest.
  • During the checkout process, and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
  • You warrant that any information you give to us during the checkout process will always be accurate, honest, correct and up-to-date.

3. Membership Portal

a) This clause 3 applies if you are eligible to access our Membership Portal, as notified by EV Powerhouse to you.

b) The features of the Membership Portal include:

• • • • • • placing Orders on behalf of your customers;
          • access to discounts on Products;
          • downloading and printing a list of your previous Orders; and
          • any other promotions and member benefits as notified by EV Powerhouse to you from time to time.

c) You will be required to sign up for an account on the Membership Portal (Account).

d) To access the Membership Portal, you must log in to your Account prior to submitting an Order.

e) As part of the Account registration process, and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

f) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

g) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

h) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

4. LICENCE

4.1 Licence – Use of Software

a) Our Products may be sold with an OCPP cloud management platform system developed by Nanjing Powercore Tech Co., Ltd (ChargeCore) (the Software). This clause 4.1 applies if your Order includes access to the Software.

b) Subject to the terms of this agreement and in consideration of payment of your Order, we grant to you a single, non-exclusive and non-transferrable licence to use the Software solely for the purpose of the Software set out in any manuals, help files or other documents supplied by us or ChargeCore (the Software Documentation) to you relating to the Software (the Software Purpose).

c) Except to the extent expressly contemplated by the Software Purpose, you acknowledge and agree that you must not:

• • • • • • • permit any other person to use or access the Software via your account on the Software;
            • make copies of the Software Documentation or Software;
            • provide the Software to any third party;
            • adapt, modify or tamper in any way with the Software;
            • remove or alter any copyright, trade mark or other notice on or forming part of the Software or Software Documentation;
            • create derivative works from or translate the Software or Software Documentation, other than for your personal use only;
            • publish or otherwise communicate the Software or Software Documentation to the public, including by making it available online or sharing it with third parties;
            • sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or Software Documentation to any third party;
            • decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;
            • attempt to circumvent any technological protection mechanism or other security feature of the Software; or
            • otherwise use the Software for any purpose other than for the Software Purpose.

4.2 Licence – Use of Application

a) Our Products may be sold with the ‘Teison Me’ mobile application developed by Yangzhou Teison New Energy Co., Ltd. (Teison) (the Application). This clause 4.2 applies if your Order includes access to the Application.

b) Subject to the terms of this agreement and in consideration of payment of your Order, we grant to you a single, non-exclusive and non-transferrable licence to use the Application solely for the purpose of the Application set out in any manuals, help files or other documents supplied by us or Teison (the Application Documentation) to you relating to the Application (the Application Purpose).

c) Except to the extent expressly contemplated by the Application Purpose, you acknowledge and agree that you must not:

• • • • • • • permit any other person to use or access the Application via your account on the Application;
            • make copies of the Application Documentation or Application;
            • provide the Application to any third party;
            • adapt, modify or tamper in any way with the Application;
            • remove or alter any copyright, trade mark or other notice on or forming part of the Application or Application Documentation;
            • create derivative works from or translate the Application or Application Documentation, other than for your personal use only;
            • publish or otherwise communicate the Application or Application Documentation to the public, including by making it available online or sharing it with third parties;
            • sell, loan, transfer, sub-licence, hire or otherwise dispose of the Application or Application Documentation to any third party;
            • decompile or reverse engineer the Application or any part of it, or otherwise attempt to derive its source code;
            • attempt to circumvent any technological protection mechanism or other security feature of the Application; or
            • otherwise use the Application for any purpose other than for the Application Purpose.

4.3 Limitations of LicenceS

EV Powerhouse does not guarantee, and make no warranties, to the extent permitted by law, that:

• • • • • • the Software or Application will be free from errors or defects;
          • the Software or Application will be accessible or available at all times; or
          • any information provided through the Software or Application is accurate or true.

4.4 Disclaimers

• • • • • • You acknowledge and agree that we will have no liability for any act or omission by you which results or contributes to any damage, loss or expense which arises in connection with your use of the Software or Application or breach of this clause 4, and you indemnify us for any such damage, loss or expense.
          • You acknowledge and agree that Third Party Terms may apply (including app providers such as Apple and Google) to your use of the Software or Application. You agree to any Third Party Terms applicable to any third party goods and services that are used in providing the Software or Application, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms. Without limiting this clause, we will take reasonable steps to notify you of Third Party Terms.

5 Shopping and PRODUCTS

5.1 Products

• • • • • • • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
            • Until the price of your Products is paid in full, title in those Products is retained by EV Powerhouse. Risk in the Products will pass to you on delivery in accordance with clause 8. Delivery must not be refused by you.

5.2 Gift Cards

• • • • • • • We may issue gift cards for use in our Website (Gift Cards).
            • Gift Cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the Gift Card or otherwise communicated to you.
            • Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products and Services.

5.3 Vouchers and discount codes

• • • • • • • We may provide promotional materials and discount codes offering a discount on the Products and/or Services (Voucher). To use a Voucher, you will need to enter its code at checkout.
            • A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
            • If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.

6. PAYMENT

a) All prices are:

• • • • • • • for Products, per unit (except where indicated);
            • in Australian Dollars; and
            • subject to change prior to you completing an Order without notice.

b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products and Services upfront, in the amounts set out in an Oder (Fees) at the time of placing an Order.

c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by EV Powerhouse, you must pay the GST subject to EV Powerhouse providing a tax invoice.

d) (Card surcharges) EV Powerhouse reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products and Services, such as Stripe and Paypal. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.

g) (Member discounts) Fees are subject to any member discounts you may be entitled to at the time your Order is submitted, in accordance with the terms of any applicable EV Powerhouse membership program.

7. AFTERPAY

• • • • • • • Afterpay is a payment option which allows you to be able to purchase what you want now and pay off the remaining amounts payable over 4 fortnightly instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information, and their terms and conditions. Afterpay may be selected as a payment method at checkout.
            • (Returns with Afterpay) Our returns and exchange process as set out in clause 10 will apply for Afterpay Please ensure to continue paying any Afterpay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Afterpay will adjust your remaining instalment amounts.

8. DELIVERY AND SHIPPING

a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

b) (Delivery Details) EV Powerhouse may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

• • • • • • • • delivery is to the delivery point specifically accepted by EV Powerhouse; and
              • we will deliver the Products to you in accordance with the shipping information displayed on our Website.

c) (Estimated delivery times) Our current estimated delivery timeframes are set out in Part D to these terms, which are indicative only and are subject to change without notice.

d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

e) (International Orders) EV Powerhouse reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

f) (Accepting delivery) You must provide us with all relevant delivery details when submitting an Order, including by providing the delivery address, details of the space in which the relevant Products are to be installed, details of any obstacles to such Products’ installation and any other details which we reasonably ought to be aware of in order to deliver and/or install the relevant Products (if installation is included with a Product or Service).

g) (Redelivery costs) You agree that you must pay reasonable redelivery costs (as reasonably specified by us and invoiced to you) if redelivery is necessary to complete delivery or installation of a Product, and if the original failed delivery or installation was caused or contributed to by you not providing us with sufficient details in accordance with clause 8(f)

h) (Installation) We may be able to assist you with installation of some Products, if specified in the Order. If we do, risk in the Products will not be affected and you continue to assume risk in the Product once delivered. You agree that it is your responsibility to supervise such installation and ensure that no damage is caused to your premises or personal property as part of the installation, and you release us from any such loss or damage arising out of our installation of the Products.

i) (Your obligations) If we provide Services under this clause 8, you acknowledge and agree:

I) you must:

• • • • • • • • • co-operate with us, or if we use a third-party contractor to perform the Services, that third party contractor (Third Party Contractor) in receiving such Services;
                • comply with our reasonable directions, or the reasonable directions of any Third Party Contractor in this regard;
                • provide us or the Third Party Contractor with all documentation, information and assistance reasonably required for us to perform such Services;
                • liaise with us or any Third Party Contractor as reasonably requested for the purpose of enabling us to provide such Services; and

II) in providing any installation services to you, we (and we will ensure that any Third Party Contractor) will take every reasonable precaution, however, to the maximum extent permitted under applicable law, including Australian Consumer Law, we will not be liable in respect of:

• • • • • • • • • the structural integrity of the agreed working area or site where the services are to be supplied (Premises);
                • the Premises’ ability to carry the weight of any installed goods; and
                • any effect the installation of the Products has on the Premises;

III) the following services are excluded from any installation services:

• • • • • • • • • any preparatory works required prior to the performance of installation services;
                • the performance of any building work including (but not limited to) cutting holes, patching, flashing or boxing in;
                • metered electrical mains brought to a point adjacent to the equipment as required; and
                • alterations to the meter, switchboard, power board or existing mains supply (including any changes required to meet industry switchboard or meter standards);

IV) to pay additional service fees for changes to such services requested by you which are outside the scope originally agreed;

V) to pay us for such services in the amounts and at the times specified in any relevant invoice issued to you by us; and

VI) any service that requires us to acquire goods or services supplied by a third party on your behalf may be subject to the terms & conditions of that third party (Third Party Terms). You agree to any Third Party Terms, and agree that we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

9. Click and Collect

a) We may allow you to select “Click and Collect” as an option on checkout and select:

• • • • • • • • • a date on which you will collect the Products (Collection Date);
                • the timeframe during which you will collect the Products on the Collection Date (Collection Timeframe); and
                • the designated location from which you will collect the Products (Collection Address). 

b) If you select “Click and Collect”, you agree to collect the Products from the Collection Address during the Collection Timeframe on the Collection Date.

c) If you fail to collect the Products within this time, then unless you have made arrangements with us for late collection, we may cancel your Order and we may:

• • • • • • • • • re-sell the Product to another party; and/or
                • require you to pay a re-stocking fee.

d) We may require you to verify your identity upon collection.

10 CHANGES TO YOUR ORDER

10.1 CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

10.2 CANCELLATION BY YOU

You may cancel your Order up to the time that we have approved your payment and you receive an email from us confirming that your order is being processed. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 10.3 may apply.

10.3 RETURNS AND EXCHANGES

a) We do not offer change of mind returns. However, if you are unhappy with your Product or if there are any problems with your Product, please contact us at info@evpowerhouse.com.au.

b) We will provide a full refund of the price paid for a Product or Service if we determine that:

• • • • • • • • a Product or Service you have ordered was not received by you solely due to failure by us;
              • a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
              • a Product is faulty, or if there is a fault with a Service, in accordance with clause 10.3(c)).

c) (Faulty Products and Services) The following process applies to any Product or Service you believe to be faulty.

• • • • • • • • If you believe your Product or Service is faulty, please contact us with a full description of the fault (including images) by completing the form on our Website here: https://evpowerhouse.com.au/contact/.
              • If we determine that your Product or Service may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product or Service faulty.
              • If we determine in our reasonable opinion that a Product or Service is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return for Products and send them back to you at your cost.
              • If we determine that the Product or Service is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit of the Product, or resupply of the Services or the payment of the cost of resupply. All refunds and payments for the cost of resupply will be credited back to your original method of payment unless you request otherwise and we approve this request. If we use a Third Party Contractor to perform these Services, we may require that Third Party Contractor to meet our obligations under this clause.
              • If you fail to comply with the provisions of this clause 10 in respect of a faulty Product or Service, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the defective Product or Service.
              • Nothing in this clause 10 is intended to limit or otherwise affect the operation of any manufacturers’ warranties or workmanship warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

11. INTELLECTUAL PROPERTY

• • • • • • • EV Powerhouse retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
            • In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

12. THIRD PARTY SUPPLIERS

a) We may do any of the following:

• • • • • • • outsource any part of performing any Services, or any services related to providing the Products, including delivery or installation of your Products; or
            • procure materials and Products from third party suppliers, without further notice to or permission from you.

b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

Part B (For When You Browse This Website…)

13. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

14. YOUR OBLIGATIONS

You must not:

a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of EV Powerhouse;

b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

e) use the Website with the assistance of any automated scripting tool or software;

f) act in a way that may diminish or adversely impact the reputation of EV Powerhouse, including by linking to the Website on any other website; and

g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

• • • • • • • • gaining unauthorised access to Website accounts or data;
              • scanning, probing or testing the Website for security vulnerabilities;
              • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
              • instigate or participate in a denial-of-service attack against the Website.

15. INFORMATION ON THE WEBSITE

a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

• • • • • • • • the Website will be free from errors or defects (or both, as the case may be);
              • the Website will be accessible at all times;
              • messages sent through the Website will be delivered promptly, or delivered at all;
              • information you receive or supply through the Website will be secure or confidential; and
              • any information provided through the Website is accurate or true.

b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

c) Our Website may contain reviews, testimonials or similar information about our Products.  You acknowledge and agree that we do not (to the maximum extent permitted by law) warrant the accuracy of such information or guarantee that our Products will meet the standards of, or otherwise be compliance with, such reviews, testimonials or similar information.

16.INTELLECTUAL PROPERTY

• • • • • • • EV Powerhouse retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
            • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from EV Powerhouse or as permitted by law.
            • In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

17. THIRD PARTY TERMS AND CONDITIONS

• • • • • • • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
            • You agree to any Third Party Terms applicable to any third party goods and services, and EV Powerhouse will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

18. LINKS TO OTHER WEBSITES

• • • • • • • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
            • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

19. THIRD PARTY PLATFORM

• • • • • • • This Website is powered by WooCommerce, a third party platform and the terms and conditions of WooCommerce may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here.
            • To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

20. SECURITY

EV Powerhouse does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

21. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

22. PRIVACY

You agree to be bound by our Privacy Policy, which can be found here: https://evpowerhouse.com.au/privacy-policy/

Part C (Liability And Other Legal Terms…)

23. LIABILITY

a) To the maximum extent permitted by applicable law, EV Powerhouse limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or Services provided by EV Powerhouse, is limited to (in aggregate of all claims):

• • • • • • • • where the liability relates to a Product, the amount paid by you to us for the relevant Product giving rise to the relevant liability; and
              • where the product does not relate to a Product (including where the liability relates to use of the Website), $100.

c) Claims for loss of or damage to Products in transit must be made against the carrier.

d) Products sold by EV Powerhouse, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

d) All other express or implied representations and warranties in relation to Products and the associated services performed by EV Powerhouse are, to the maximum extent permitted by applicable law, excluded.

e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

f) (Indemnity) You indemnify EV Powerhouse and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

• • • • • • • breach of any of these terms;
            • use of the Website; or
            • use of any Products or Services provided by EV Powerhouse.

g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will EV Powerhouse be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or Services provided by EV Powerhouse (except to the extent this liability cannot be excluded under the ACL).

24. GENERAL

24.1 GOVERNING LAW AND JURISDICTION

• • • • • • This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

24.2 WAIVER

• • • • • • No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

24.3 SEVERANCE

• • • • • • Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

24.4 JOINT AND SEVERAL LIABILITY

• • • • • • An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

24.5 ASSIGNMENT

• • • • • • A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

24.6 COSTS

• • • • • • Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

24.7 ENTIRE AGREEMENT

• • • • • • This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

24.8 INTERPRETATION

• • • • • • (singular and plural) words in the singular includes the plural (and vice versa);
          • (currency) a reference to $, or “dollar”, is to Australian currency;
          • (gender) words indicating a gender includes the corresponding words of any other gender;
          • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
          • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
          • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
          • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
          • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
          • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
          • (includes) the word “includes” and similar words in any form is not a word of limitation; and
          • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

25. NOTICES

a) A notice or other communication to a party under this agreement must be:

• • • • • • • • in writing and in English; and
              • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

• • • • • • • • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
              • when replied to by the other party whichever is earlier.

Part D Estimated delivery times

1. Shipping Options and Shipping Times

2. Shipping Times for Non-Metro areas.