Terms and Conditions for the installation of EV chargepoints

1. Introduction

These terms and any Estimate and Additional Works Quotation shall form the contract between you and Octopus Energy Services Limited (10434397) (“we”, “us”, “our” and “Octopus”) for the installation of your charge point. They are based on the information you have provided via our online application form, if any of this information changes you must let us know immediately as it may impact your Estimate and/or our ability to complete your Installation. By completing an application form you confirm that you agree to be bound by these terms.

2. Eligibility

2.1 To be eligible for us to install a charge point at your premises you must accurately complete our application form in full, have the legal right to have the charge point installed at your premises and obtain any required planning or building approvals required for your installation (collectively referred to as the ‘Installation Eligibility Criteria’).

2.2 If any of the Installation Eligibility Criteria have not been satisfied we will not complete the installation until they are (assuming the charge point has not already been installed). Where your charge point has already been installed:

(a) you shall be liable for all costs of the charge point and its installation; and

(b) you shall indemnify us for all claims, liabilities, costs losses and expenses (including third party claims and legal fees that we may incur arising from or in connection with the installation of the charge point).

2.3 We reserve the right to update or amend these Eligibility Criteria at any time.

3. Our Charges and OLEV Grant Application

3.1 If we consider your property is likely to be suitable for a charge point then we will provide you with a price for this work (the ‘Estimate’) which assumes that your premises require a standard installation service only, as described on our website here (a “Standard Installation Service”).

3.2 Any Estimate or Additional Works Quotation that we provide will be valid for 14 days. To accept the Estimate and/or Additional Works Quotation you will need to make full payment via the link we send to you.

3.3 Where you intend to apply for the government OLEV EVHS Grant we will use the information you provide us to submit the application form on your behalf. Where your application is unsuccessful or it ceases to be available, you will need to pay the difference to us before we can proceed with your installation.

4. Site Survey and Installation

4.1 Even where you meet the Eligibility Criteria, there may be other factors which would prevent us from completing the installation or which require additional works to be carried out first. Therefore, we will assess whether your premises are suitable and will advise you if they are not, in such circumstances we will refund you.

4.2 Where we identify that additional works are required for us to complete your installation, that do not form part of our Standard Installation Service (“Additional Works”), we shall contact you and provide you with a quotation for the cost of this (the ‘Additional Works Quotation’). To continue with your installation you will need to make this payment via the payment link we send to you.

4.3 We will perform the installation with reasonable skill and care and in good and workmanlike manner and shall comply with all relevant legislation

5. Cooling off period and Rescheduling Your Installation Date

5.1 You have a 14 day “cooling off period” that runs from the day you enter into this Agreement. During that time you can cancel this contract and we will refund any money you have paid, provided that our engineers have not already carried out your installation.

5.2 You agree that we can, at your request, start work before the end of the cooling off period. Where you ask us to do this, you agree that we can charge you for any goods delivered or services carried out by us up to the point you notify us that you wish to terminate this Agreement.

5.3 You may reschedule your installation date but you must give us at least 2 working days’ notice if you want to do this, or we may charge you a fee of £150. To reschedule your appointment or cancel this contract please contact us at 0808 196 6842.

6. Your Obligations

6.1 You agree to promptly provide the information we request and comply with our reasonable requirements

6.2 You agree to provide us with safe, free and unobstructed access to your premises

6.3 If you fail to comply we may cancel or delay your installation and charge you a cancellation fee of £150.

7. Warranty

7.1 Your charge point comes with a 3 year warranty from the manufacturer. We will assign the benefit of this warranty to you upon completion of your installation, and will provide you with details on how to claim.

7.2 After we have completed the installation of your charge point you will be responsible for maintaining it to ensure that it continues to operate in good working order.

8. Complaints

If you wish to make a complaint about us, please email charging@octoes.com or phone us on 0808 196 7511 between 9am and 5pm, Monday to Friday and we will do our best to resolve the issue with you.

9. Your Information

9.1 You agree that we may use any personal data that you provide to us in accordance with our Privacy Policy which is available on our website at https://octopus.energy/policies/privacy-policy/, and as set out in these Terms.

9.2 We will always process personal data fairly and lawfully in accordance with your rights. The processing of your personal data is necessary to perform this contract, and will not unduly prejudice your privacy. We may need to share your data with third parties in order to process it and comply with industry obligations.

9.3 We will take steps to ensure that any personal data we process is accurate, adequate, relevant and not excessive. We will not process it for any unconnected purpose unless you have agreed or we have another legitimate basis to. You may ask that we correct inaccurate personal data relating to you.

10. Our Liability

10.1 We will not be liable to you for:

10.1.1 Any loss due to circumstances beyond our control (Force Majeure event);

10.1.2 Any loss which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contractor wasted expenses;

10.1.3 Any loss which was not or could not have been reasonably foreseen even if we, our employees, subcontractors or agents did not follow these Terms; or

10.1.4 Any loss suffered as a result of the act or omission of a third party;

10.1.5 Any losses that arise due to your act, omission negligence or default

10.2 If you suffer any loss or damage, our responsibility to you will be limited to a maximum of £5,000.

10.3 We do not limit or exclude liability for death or personal injury caused by our negligent acts or omissions.

11. General

11.1 We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover the charges) or obligations under the Contract without your consent, this will not affect your rights under the Contract.

11.2 You may not transfer the Contract or any of your rights under it without first obtaining our written consent.

11.3 If we do nothing, or delay taking action, when you breach the Contract, we will still be entitled to take action to enforce a similar or subsequent breach of the Contract by you.

11.4 Notices to you under this Contract will be sent by post or hand to the billing address, or in the case of email to the last known email address that you have provided. Notices to us under the Contract must be sent by post to Octopus Energy Services Ltd, 33 Holborn, London EC1N 2HT.

11.5 If any part of this Contract is invalid or is void or unenforceable, it shall not affect the rest of the Contract

11.6 The laws of England and Wales apply to this Contract and any disputes arising shall be dealt with exclusively by the English courts.

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