RAC EV Charger Terms and Conditions
Please read the RAC EV Charger Terms and Conditions (Terms and Conditions) carefully as it sets out what you need to know about the terms and conditions of the products and services. The Terms and Conditions include the General Terms, the Proposal and any other document that we tell you forms part of these Terms and Conditions, which form our agreement with the Client.
General Terms
1. DEFINITIONS
'Business Day' means any day other than a Saturday, Sunday or a public holiday in Western Australia.
'Client' means the enquirer or purchaser of the equipment named in the Home EV Charger Proposal.
'Company' means RAC Security Services (WA) Pty Ltd (ACN 096 235 200).
'Equipment' means goods and items of equipment sourced by the Company and detailed in the Home EV Charger Proposal, as may be varied by the Client and agreed by the Company.
'EV' means Electric Vehicle.
'Force Majeure' means an event outside of the Company’s or the Client’s reasonable control including an act of nature, war or terrorism, national emergency, epidemic and act or inaction of government agency.
'Home EV Charger Proposal' means the document described as such to which these Terms and Conditions are attached and form part of.
'Installer' means an independent third-party contractor engaged by the Company to install the Equipment for the Client, who:
(a) holds all necessary electrical licences to perform electrical installation work; and
(b) performs all electrical installation work in its own capacity and under its own electrical contractor’s licence, and not as an employee or agent of the Company in respect of that electrical work.
'RAC Group' means the Company and its related and subsidiary companies, including RAC Insurance Pty Ltd.
2. COMMENCEMENT OF THIS AGREEMENT
2.1 The Client may accept these Terms and Conditions by either:
(i) responding to the Home EV Charger Proposal with the Client’s acceptance or otherwise indicating the Client’s acceptance by email to homeevcharger@rac.com.au (or such other email address as notified to you by the Company);
(ii) such other method of acceptance as may be made available to the Client by the Company from time to time.
2.2 The agreement commences once the Client has accepted the Terms and Conditions in accordance with clause 2.1 above.
3. SUBCONTRACTING AND PERFORMANCE OF ELECTRICAL WORK BY THIRD PARTY LICENSED CONTRACTORS
3.1 The Company engages third-party contractors to perform some or all of the installation services specified in these Terms and Conditions.
3.2 The Client acknowledges and agrees that:
(i) the Company does not perform any electrical installation work; and
(ii) all electrical installation work is carried out by licensed electrical contractors engaged by the Company and is performed by those contractors in their own capacity and under their own electrical contractor’s licence.
4. VALIDITY
4.1 The Home EV Charger Proposal remains valid for a period of thirty (30) days from the date of the Home EV Charger Proposal (Validity Period). The Company reserves the right to issue a new Home EV Charger Proposal upon expiry of the Validity Period and the Client will have the opportunity to accept or reject any revised Home EV Charger Proposal.
4.2 The price shown in the Home EV Charger Proposal is inclusive of contractor workmanship, materials and Equipment and GST.
4.3 The Company, acting reasonably, reserves the right to revise these Terms and Conditions provided that any revision that is detrimental to the Client will be notified to the Client prior to taking effect, and the Client will have the right to terminate the Home EV Charger Proposal without penalty.
4.4 Any cancellation by the Client or requests to vary an existing Home EV Charger Proposal must be notified by the Client to the Company in writing no less than 7 days prior to the agreed installation date.
4.5 If the Company agrees to accept any variations to the order requested by the Client, the Company will issue a new Home EV Charger Proposal containing any additional costs associated with the Client’s variation request.
4.6 Where the new Home EV Charger Proposal is accepted by the Client, the Client shall make prompt payment to the Company for any increase in deposit amount required to ensure the deposit provided to the Company remains at 30%.
5. PAYMENT
5.1 The Client shall pay a deposit of 30% of the price shown in the Home EV Charger Proposal to the Company upon acceptance of the Home EV Charger Proposal.
5.2 The Client shall, upon completion of installation by the Installer, pay the balance of the purchase price referred to in the Home EV Charger Proposal to the Company. The Company will contact the Client to arrange payment of the balance of the purchase price.
6. INSTALLATION
6.1 In order for the Installer to commence and complete the installation, the Installer requires access to the Client’s property on a nominated Business Day between 0700 hours and 1700 hours and the Home EV Charger Proposal is based on work being carried out during these hours.
6.2 The Client warrants and agrees that on the day of installation:
(i) the Client will make all necessary arrangements to ensure the Installer will have adequate access to the external driveway and it will be clear for the Installer to park and access their vehicle for equipment and tools;
(ii) the Client will be present during the installation. Where the Client is unable to be present during the installation, the Client must inform the Company at least 24 hours beforehand so that the installation can be rescheduled;
(iii) children under the age of 18 will be appropriately supervised during the installation process at all times by an adult;
(iv) all pets will be appropriately controlled, contained or secured so as to not cause a nuisance at the installation site during the installation process;
(v) all trip hazards, bulky or heavy items including, but not limited to, boxes, equipment, pots, straps, strings, bags, footwear and debris will be cleared from the installation site. The Installer will not be responsible for moving or damage to the Client’s furniture of valuables which are obstructing access to the installation site;
(vi) the Installer will not work in crawl spaces, on roofs or in lofts if it is deemed unsafe by them to do so;
(vii) the Client’s mobile phone battery will be sufficiently charged for any required mobile application(s) to be installed; and
(viii) the Client will have WiFi login details available for any required mobile application(s) to be installed.
6.3 To comply with legislative requirements, a Client’s property must be residual-current device (‘RCD’) protected before the Installer completes any new electrical work. If it is assessed by the Installer that an RCD is required, additional costs for the RCD including installation and any associated labour can be added onto this Home EV Charger Proposal by the Company, acting reasonably. This cost may vary depending on the complexity of the installation on the day as advised by the Installer. Should the Client’s property not be RCD protected, the Client must be aware that the power may be interrupted during the installation by the Installer, and the Client may be required to make other arrangements for power supply during that time.
7. FORCE MAJEURE AND DELAY
7.1 Our obligations under these Terms and Conditions are suspended where an event of Force Majeure prevents or delay their performance.
7.2 Time is not of the essence under these Terms and Conditions.
7.3 Any dates quoted for the supply of the Equipment by the Company and installation of the Equipment by the Installer are estimates only and may be altered or delayed by reasons outside of our control, including distributor approvals, failure of suppliers, lack of available shipping or transport, metering works, site issues, approval such as building or council approvals and the unavailability of the Equipment or services.
8. OWNERSHIP AND RISK
8.1 Ownership of Equipment will pass to the Client on the date the Client pays the Company for the Equipment in full, in accordance with the terms of this agreement.
8.2 Risk of loss, damage or theft to the Goods will pass to the Client upon completion of installation of the Goods to the Client’s property by the Installer.
9. WARRANTY
Equipment
9.1 The Client acknowledges and agrees that:
(i) a third party has manufactured and supplied the Equipment to the Company; and
(ii) the Equipment is covered by the third-party manufacturer’s or supplier’s standard warranty and the Company does not warrant the overall performance of the Equipment (subject to any applicable law including the Client’s right to make any claim against the Company in connection with consumer guarantee rights under Australian Consumer Law).
9.2 The Client must promptly notify the Company if:
(i) approached by any regulator or authority in relation to genuine concerns or allegations regarding the Equipment or installation;
(ii) on receipt of a substantiated complaint from a third party; or
(iii) the Client otherwise become aware of, or have reasonable grounds to suspect (other than from a notice provided by the Company), that any of the Equipment, or similar products, may be defective.
9.3 Following such notice, the Client must follow any reasonable instructions the Company or its authorised third-party contractors provides, including directions intended to protect health or safety.
9.4 The Client also agrees to undertake all reasonable checks, enquiries and inspections, and to implement appropriate precautions, to ensure the Equipment are safely collected, and can be safely and properly used by the Client or others.
Installation workmanship
9.5 The Client acknowledges and agrees that a third party will complete the electrical installation work.
9.6 Subject to this clause 9 and the Company’s Non-Excludable Obligations under clause 11, the Company provides a warranty for installations workmanship on behalf of the Installer for a period of twenty-four (24) months.
9.7 The Client must immediately notify the Company of any defects either in writing or by telephone. The notification must also specify the date of installation and Equipment serial number.
9.8 Upon receiving a notice of defect, the Company reserves the right to inspect the Equipment at the Client’s property at a mutually agreed time, at the Company’s cost. The Client must cooperate fully with the Company’s investigation of the claim.
9.9 Subject to clause 11, if a defect covered by this warranty is found, the Company will (at the Company’s discretion) re-perform the services or arrange for the defect to be rectified at no additional cost to you.
9.10 The Company’s hours of work to arrange for rectification and/or replacement of defective Equipment under the warranty claim are 0830 hours to 1700 hours on a nominated Business Day and as agreed with the Client.
9.11 Subject to clause 11, this warranty does not extend to cover:
(i) any Equipment defects in relation to all other equipment at the installation location; or
(ii) any claims arising from failure to operate the Equipment in accordance to the instruction manual, fair wear and tear in the use of the Equipment or from misuse of the Equipment by the Client or anyone on the Client’s property and/or any consequential loss howsoever arising from such claims; or
(iii) any claims arising from any fault in connection with the existing wiring of the property of the Client that was in place prior to installation of the Equipment and faults with the wiring which are not caused by the Installer during installation; or
(iv) the Equipment or any part thereof if it has been subject to service, alteration, repair or technical alteration by parties other than an authorised third-party contractor undertaking electrical installation work in accordance with these Terms and Conditions ; or
(v) Equipment supplied or installed by parties other than the Company or authorised third-party contractors undertaking electrical installation work in accordance with these Terms and Conditions.
9.12 Any workmanship costs incurred outside of the warranty at the time the replacement and/or repairs are carried out will be paid by the Client at the hourly labour rate current at that time for the Company.
9.13 The Client shall notify the Company of any proposed structural alteration to the Client’s premises following installation of the Equipment, which involves any alterations to the Equipment and its installation. Where the Client requests any alterations or modifications to the Equipment and its installation not required due to a defect in the Installer’s workmanship, such alterations will be at the Client’s expense.
10. MAINTENANCE
10.1 The Company recommends to the Client that the Equipment installed should be inspected and/or serviced every year. The Company offers this service to the Client using authorised third-party contractors to undertake any electrical work at a fixed price to be quoted at the time of service. The Client must carry out any maintenance on the Equipment in accordance with the manufacturer’s maintenance requirements for the Equipment, which can be arranged by the Company.
10.2 The Company will not pay for any maintenance on the Equipment, which will be at the Client’s expense.
11. LIABILITY AND CONSUMER OBLIGATIONS
11.1 To the extent the Client acquires goods or services from the Company within the meaning of the Australian Consumer Law, the Client will be entitled to certain guarantees, rights and remedies under the Australian Consumer Law that cannot be excluded, restricted or modified. These include consumer guarantees that the services will be of provided with due care and skill, be fit for its disclosed purpose, and supplied within a reasonable time (if no time is fixed).
11.2 Nothing in these Terms and Conditions is intended to exclude, restrict or modify the application of any condition, warranty, guarantee, the exercise of any right or remedy, or liability under the Australian Consumer Law or any other statute where to do so would:
(i) contravene that statute; or
(ii) cause any term of these Terms and Conditions to be void. (Non-excludable Obligations).
11.3 Except in relation to the Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities, or other terms that may be implied by custom, under the general law or by statute, are expressly excluded under these Terms and Conditions.
11.4 In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under this clause 11.4), our liability to you for a failure to comply with any Non-excludable Obligation is limited to:
(i) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(ii) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
11.5 Except in the case of a major failure (as that term is defined in the Australian Consumer Law), the Company may elect as between the remedies set out in clauses11.4 (i) and (ii) above.
11.6 Except in relation to the Non-excludable Obligations, the Company’s liability to you arising directly or indirectly under or in connection with these Terms and Conditions or the performance or non-performance of the services, and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
(i) The Company excludes all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with these Terms and Conditions or the provision of the services; and
(ii) The Company’s total aggregate liability under or in any way connected with these Terms and Conditions or the provision of the services is limited to the amount paid or payable by the Client for the services.
11.7 In particular, and without limiting the other provisions of this clause 11, the Client acknowledges that the provision of the Equipment and services may be affected by, and the Company is not liable for:
(i) any errors, viruses or bugs present in or arising from the services or causing unavailability of the service, or any incompatibility of the service with any other software or hardware;
(ii) hardware or software upgrades initiated by the manufacturer or failure of communications infrastructure out of our reasonable control, such as your internet connection or other telecommunications failure; and
(ii) any charge cycle, which may impact on the lifespan of the Equipment.
11.8 This clause 11 survives the termination or expiry of these Terms and Conditions.
12. ADDITIONAL TERMS
12.1 Following installation of the Equipment by the Installer, the Client must complete and sign the Home EV Charger Customer Instructions and Acceptance Certificate. This confirms the Client’s acceptance that the installation has been completed. Nothing in this clause affects any statutory rights the Client may have under the Australian Consumer Law.
13. PRIVACY STATEMENT
13.1 The Client authorises the Company to collect, use, disclose and store the Client’s Personal Information for the purpose of providing the Client with Equipment or arranging for installation services by an Installer.
13.2 The Company’s use of any Personal Information will at all times be governed by the RAC Privacy Policy available on the website by visiting rac.com.au/about-rac/site-info/privacy or by phoning 1300 360 504 and selecting 0 on the options. Should a copy of the statement be required this may also be requested any time during RAC office hours.
