eShop Terms and Conditions

Terms and Conditions

These terms and conditions comprise an agreement for the supply by Ampol Energy (Retail) Pty Ltd ABN 21 652 913 347 (us or we) and the acquisition and use by you, of the Charger (Agreement).
Capitalised terms in this Agreement are defined in clause 10 of this Agreement (Definitions).

1. OUR OBLIGATIONS
(a) We will:
(i) deliver the Charger to the delivery address you nominate to us;
(ii) provide you with a copy of the Warranty and the Manuals; and
(iii) provided that you arrange for registration of the Charger in accordance with clause 2(a)(ii) of this Agreement, and provided your Charger is properly connected to the internet, and subject to the other terms of this Agreement, provide, or arrange for the provision of, remote customer support and troubleshooting assistance to you in relation to the Charger. You can contact us via our contact details provided at the bottom of this Agreement.

2. YOUR OBLIGATIONS
(a) As soon as practicable after your Charger is delivered to you, you will:
(i) read the Manuals and Warranty carefully; and
(ii) arrange for the installation and registration of the Charger to be carried out by a properly licensed electrician and in accordance with the Manuals.

3. DELIVERY, OWNERSHIP AND RISK IN THE CHARGER
(a) We will not deliver the Charger to you until we receive payment for the Charger in full.

(b) You agree that the delivery address you provide to us is complete and correct, and that we have no liability to you or any other person for lost goods as a result of incorrect shipping information.

(c) We aim to dispatch the Charger to you within 2 business days after receiving payment. We will send a dispatch notification with tracking details to your nominated email address when your order is on its way.

(d) Ownership and risk in the Charger will pass to you on the date it is delivered to the address nominated by you. Delivery will require your signature. If you are not at home on the day of delivery, your order will be taken to the nearest collection point and ownership and risk in the Charger will pass to you upon collection.

(e) We will not be responsible for any loss or damage arising out of or in connection with the installation, use, operation, disposal of or any other act or omission in respect of the Charger  after the risk in the Charger has passed to you, other than as set out in this Agreement.

(f) You will be responsible for effecting any insurance to cover loss or damage to the Charger after it has been delivered to you.

4. YOUR REPRESENTATION AND ACKNOWLEDGEMENT
(a) You warrant that all information you have provided to us regarding the Premises is accurate.

(b) You agree and acknowledge that:
(i) the specifications for the Charger have been provided to you prior to entering into this Agreement;
(ii) you have read and understand the specifications for the Charger;
(iii) you will notify us as soon as reasonably practicable if you believe that the Charger has any defect or is not functioning as it should be, so that we may provide remote trouble shooting and assistance to you; and
(iv) where we cannot resolve the issue, we will advise you of next steps, including how to make a claim under the Warranty.

5. CHARGER WARRANTY
(a) In addition to your rights under the Australian Consumer Law, the Charger is provided with the benefit of our Warranty. You should read the Warranty carefully before arranging for the installation of the Charger. You must ensure you do not take any action that renders the Warranty void.

(b) In addition, you must make all necessary enquiries, examinations and inspections and take all reasonable precautions for safe and proper installation and use of the Charger by you or any other person, including engaging only a properly licensed electrician for the installation of the Charger.

(c) You agree and acknowledge that, aside from offering remote customer support as described at clause 1(a)(iii) of this Agreement and offering the benefit of the Warranty, we do not provide installation, software, or hardware support for the Charger.

6. REFUND AND RETURNS
(a) We are not required to provide a refund or replacement if you change your mind.

(b) Our goods come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(c) We provide you with benefits under the Warranty in addition to any other rights and remedies available to you under the Australian Consumer Law, and any other statutory rights you may have under other applicable laws. The Warranty does not exclude, restrict or modify any such statutory rights or remedies.

(d) If you make a claim under the Warranty, and we determine that your claim is covered by the Warranty, we will at our sole option arrange for the repair or replacement of the defective or faulty Charger and will be responsible for the expenses and costs associated with the replacement or repair of such defective or faulty Charger (including logistics installation and labour).

7. OUR WARRANTIES AND LIABILITY
(a) To the maximum extent permitted by law, and except as outlined in this Agreement, we give no other warranty or undertaking, and we make no other representation to you, about the condition or suitability of the Charger, its quality, fitness for purpose or safety.

(b) To the extent permitted by law, we are not liable to you for any loss or damage (including, special, indirect, consequential or economic loss, increased electricity costs, loss of stored energy, disruption of energy supply or storage, loss of revenue or profit or any reduction in capital value of the Premises) or any loss or damage relating to other property or devices, whether owned by you or any other person, in connection with the Charger.

(c) For the avoidance of doubt, this clause 7 is subject to the Australian Consumer Law and you retain your rights under the Australian Consumer Law.

8. ACCESS, MONITORING AND PRIVACY
(a) You agree and acknowledge that, where your Charger is registered and connected to the internet, it will transmit data to the Manufacturer and that data will be shared with us.

(b) We may remotely access, monitor and maintain your Charger and where necessary, remotely provide new software and/or firmware to your Charger using our systems.
The data we may access from your Charger from time to time for the purposes described in clause 8(a) may include Personal Information, and you agree to our accessing your Personal Information for that purpose.

(c) We will handle your Personal Information and other data in accordance with the requirements of the Privacy Act 1988 (Cth) and our Privacy Collection Statement and Privacy Policy.

9. MISCELLANEOUS
(a) This Agreement is governed by the laws of New South Wales, Australia

(b) This Agreement constitutes the entire agreement between you and us as to its subject matter and supersedes and cancels all prior agreements, understandings, negotiations or representations in connection with it.

(c) If part or all of any of the provisions of this Agreement are illegal or unenforceable, they may be severed from this Agreement and the remaining provisions of this Agreement will continue in force to the maximum extent possible.

10. DEFINITIONS
In this Agreement, capitalised terms have the following definitions or the definitions set out in the table on the front page of this Agreement, unless otherwise specified:
(a) Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

(b) Charger means the AmpCharge EV Charger supplied to you for at-home use.

(c) Manuals means the installation manuals provided by us to you which are available online here.

(d) Manufacturer means EVOS Energy ABN 42 651 318 599, the manufacturer of the Charger.

(e) Warranty means the warranty of the Charger provided by us to you on or around the date you purchase the Charger which is available for download online here.

(f) Personal Information has the meaning given to that term in the Privacy Act 1998 (Cth).

(g) Premises means the premises at which the Charger is or will be installed.

Our Contact Details
Ampol Energy (Retail) Pty Ltd ABN 21 652 913 347
Call us: 13 14 04
Email: support@ampcharge.com.au
Find out more: ampcharge.com.au