Terms of Trade
1.TERMS OF SUPPLY AND SERVICE
These are Evlution Limited’s (“EVLUTION”) terms of Supply and Service. They replace all prior terms of service or terms of business and we will provide all future services to you on the basis of these terms. You are deemed to accept these terms in full upon receipt, unless you notify us to the contrary in writing.
Any guarantees, liability and performance obligations by EVLUTION are limited to the
services described below:
(a) Automotive electrical services.
(b) Household and commercial electrical services.
(c) Solar, battery and other electrical Installation services.
Where any automotive conversion work is subject to Code LVVTA75-00(02), we will ensure our work is independently certified to meet required standards.
All general household and commercial electrical services are completed by certified registered electricians and a certificate of Compliance will be issued.
Where any services are deemed high risk (for example: full solar system installs), an
independent inspector will sign off on the services.
EVLUTION takes no liability for any certification provided by an inspector under clause 3.3.
Where EVLUTION sells, installs or supplies a battery(s), EVLUTION warrants the battery(s) to be free from defects in materials and/or workmanship for up to 1 year unless otherwise agreed in writing.
Subject to the limitations and exclusions set out below, EVLUTION hereby agrees to remedy any defects in materials or workmanship becoming apparent during the warranty period, by replacing or repairing any defective product or component (at its option) free of charge to you in respect of replacement parts or labour.
Any defective product or component must be notified and where practicable, returned at your expense to EVLUTION immediately upon discovery of the alleged defect and no attempt made on the part of you to repair it.
The battery(s) and/or its components must be used/fitted/assembled in accordance with the Battery User Manual supplied with purchase. Failure to comply with this requirement will void any warranty and accordingly, EVLUTION will not have any liability for the battery(s) supplied or any loss arising from your use of the battery(s).
This warranty does not cover defects, loss or damage resulting from circumstances
beyond EVLUTION’s control including, but not limited to misuse, overloading, or failure to assemble and/or fit the battery(s) or component. Nor does the warranty cover defects, loss or damage resulting from accidents, unlawful use or
defects/inconsistencies in the vehicle, household or other premise on which the battery(s) or component is fitted.
Where the product is supplied to the customer for other than business purposes
within the meaning of section 43 of the New Zealand Consumer Guarantees Act 1993, the provisions of that Act shall apply.
Any charges due to us or a third party are due 20 days from date of invoice, unless agreed in writing prior to receipt of invoice.
If any account is not paid within 20 days of the date on the invoice, EVLUTION reserve the right at our sole discretion to charge interest from the date on which payment was due. Interest will be charged at a rate of 18% per annum on overdue accounts.
Where a deposit is payable, no services will be performed or products supplied until the deposit has been received.
Where an invoice is outstanding by more than 20 days, no additional services will be
performed or additional products supplied until the invoice has been paid.
6.PERSONAL PROPERTY SECURITIES ACT 1999
You hereby grant to EVLUTION a security interest in all Goods held or delivered by
EVLUTION until such time as any debt owing to us is paid in full.
You shall notify EVLUTION immediately if you become aware of any person taking steps to file a financing statement or financing change statement against any Property over which EVLUTION holds a security interest by virtue of these Terms and Conditions.
Nothing in sections 114(1)(a), 133 and 134 of the Personal Property securities Act 1999 (“PPSA”) shall apply to these Terms and Conditions.
You waives your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
Unless otherwise agreed to in writing by EVLUTION, you waive your right to receive a
verification statement in accordance with section 148 of the PPSA.
If we directly cause any loss or damage, we will be liable only to the extent and in the
proportion (which may be nil) that our conduct or the conduct of someone whom
we are responsible for (rather than the conduct of another party) caused the loss or
In no event shall either party to this agreement be liable for any indirect, special,
consequential or punitive damages or for any lost profits arising out of or relating to any Services provided by EVLUTION or a third party and/or its related companies and associated entities and their representatives (including but not limited to its / their employees, agents, consultants and authorised representatives). This limitation includes any loss resulting from delays in providing any services or products to you.
The aggregate liability of EVLUTION arising out of or relating to the provision of services under this agreement, shall not exceed the total amount paid (or owing) to EVLUTION under the Agreement. This provision applies to the fullest extent permitted by applicable law for all events giving rise to any liability, whether arising in contract, tort (including negligence), equity, statute, or on any other basis, but does not apply to any liability arising as a result of fraud by EVLUTION. The maximum liability shall not exceed the Public Liability and Professional Indemnity limits of liability stated in 8.1 (a) and (b).
At times, services may need to be provided by third parties.
Liability for any services by a third party fall exclusively to the third party.
EVLUTION will not have any liability for services provided by a third party regardless of whether the third party was subcontracting or acting as agents for EVLUTION.
Unless otherwise agreed, EVLUTION, at its own cost, shall obtain and maintain, the following insurances:
(a) public liability insurance for an amount not less than one million New Zealand dollars (NZ$1,000,000) for any one event or series of events arising out of the same event and in the aggregate; and
(b) Professional indemnity insurance for the Supplier’s performance of its obligations under this Agreement for an amount not less than five hundred thousand New Zealand dollars (NZ$500,000) for any one claim or series of claims arising out of the same occurrence and in the aggregate.
EVLUTION shall retain all ownership, title, copyright and other intellectual property
rights in all materials developed, designed or created by EVLUTION (or any related person or entity) before or during the Engagement, including designs, systems, methodologies, software, knowhow and working papers.
11.CONFIDENTIALITY & PRIVACY
EVLUTION will keep all information about you and your business confidential and, except where necessary for the purpose of providing Services.
This agreement sets out the entire understanding of the parties in relation to the
matters that it deals with and supersedes and invalidates all previous letters, agreements and understandings (oral or written) in relation to those matters.
You are deemed to have accepted these terms unless within five (5) working days from
the date of receipt, you provide written notice to use notifying that you do not accept
In the event notice is provided under 13.1 above, the terms of any new agreement will discussed and agreed in writing.