Evnex smart charger bundle terms

Background

  1. Genesis Energy Limited (“Genesis”) and Evnex Ltd (“Evnex”) have entered into a promotion under which:
    1. you may purchase a Electric Vehicle charging station (“Device”) from Evnex, including installation of the Device at your residential property by Evnex (together the purchase and installation of the Device shall be the “Evnex Services”);
    2. Genesis may make an advance payment for the Evnex Services, up to a total cost of $3,000 including GST direct to Evnex on your behalf (“Purchase Price”); and
    3. you will, subject to these terms and conditions, repay to Genesis the Purchase Price by way of interest-free monthly instalments on your Genesis bill over a maximum period of 24 months or until the full Purchase Price has been repaid to Genesis (“Device Payment Plan”).
  2. These terms and conditions apply to your Device Payment Plan between you and Genesis.
  3. The Device Payment Plan is for the purchase of Evnex Services only and does not include other services that Evnex provide. The payment plan is available for a limited time and while stocks last. Genesis may amend these terms, eligibility criteria or remove this offer at any time.

Eligibility

  1. You must be a current residential Genesis customer on an electricity or electricity with natural gas or LPG product with monthly billing for the same property for which your Device is installed.
  2. Your Genesis residential account must have an on-time payment history and not be in an active credit-cycle and meet a satisfactory credit status.
  3. You must enter into an agreement with Evnex for the Evnex Services, an executed copy of the agreement or confirmation will be provided to Genesis. Genesis will then confirm that you wish to apply to participate in the Device Payment Plan.
  4. You must apply to participate in the Device Payment Plan by indicating you intend to pay for the Evnex Services by way of Device Payment Plan upon acceptance of the Evnex Services quote supplied by Evnex and your application must be accepted by Genesis. (together, the “Eligibility Criteria”).

Price and payment

  1. Upon fulfilment of the Eligibility Criteria, you agree to Genesis making an advance payment to Evnex for the Purchase Price on receipt from Evnex (to Genesis) confirmation that the installation has been completed and a valid invoice for the Purchase Price. The repayment to Genesis will appear on your next applicable Genesis bill following the advance payment to Evnex by Genesis.
  2. You must repay to Genesis the Purchase Price via your Genesis bill over a maximum term of 24 months (Term), this term length will be agreed between yourself and Genesis at the point of application to participate in the Device Payment Plan.
  3. If you elect to repay to Genesis the full or any remaining amounts of the Purchase Price before the end Term, you will need to contact us at 0800 300 400
  4. You must make all payments of the Purchase Price over the Term in accordance with the payment method notified to you by Genesis.
  5. In the event you do not pay your energy bill when required, regardless of whether this is in relation to the energy services portion or the Device, Genesis reserves its rights to enforce its credit cycle which could result with disconnection if the bill remains unpaid.
  6. If you cease to be a Genesis electricity customer before the expiry of the Term (including, for the avoidance of doubt, before installation is completed), we may require you to make full payment of the outstanding Purchase Price on demand.
  7. You should notify us immediately if you are in financial difficulty and believe you might not be able to meet your obligations under the Payment Plan.

Evnex services

  1. You acknowledge and accept that the provision of the Evnex Services (including in respect of the installation and any warranties or issues) is between Evnex and you. If you have an issue with any aspect of the Evnex Services you should get in touch with Evnex direct on 0800 395 007.
  2. Genesis Energy takes no responsibility and has no liability (in contract or tort, including negligence, or otherwise) for any damage, loss or cost in relation to the supply, installation, performance or servicing of products supplied by Evnex. Any and all warranties (whether express or implied) given in relation to Evnex products or their performance are solely between Evnex and you.
  3. A full list of terms and conditions for Evnex can be found here, you will also be provided with terms and conditions and warranty information for your quoted services and, if accepted, upon install.

Title and risk

  1. Title in the Device or any part of the Device passes to you on confirmation of the advance payment by Genesis pursuant to clause 8 of these Terms.
  2. Risk in the Device shall pass on delivery of the Device to your property.

How Genesis and Evnex use your personal information

  1. Genesis may ask you to provide personal information which it may use for a number of purposes, including confirming your identity, credit checks, debt collection or any other check or investigation in connection with the Eligibility Criteria.
  2. You agree to authorise Genesis to:
    1. Provide and discuss your information with Evnex, for the purposes of providing you with the Device Payment Plan;
    2. contact and/or provide information to third parties in order to confirm your identity;
    3. check your credit status with credit reference agencies, and to provide to the agencies information about you for this purpose;
    4. request information from other relevant third parties, as required under Genesis’ standard eligibility and credit criteria; and
  3. In addition, third parties who are legally entitled to collect and disclose personal information about you from any monitoring Device which forms part of your Device may provide such information to Genesis.
  4. Any personal information you give or is lawfully received by Genesis from third parties will be held in accordance with our Privacy Policy.

Liability

  1. Notwithstanding clause 25, and to the maximum extent permitted by law, Genesis and its representatives will not be liable to you in contract, tort (including negligence) or otherwise for any loss or damage you may suffer unless that loss or damage is direct loss of or damage to your physical property and it occurs due to Genesis’ (or its representative's):
    1. breach of these Terms; or
    2. negligence, and the loss or damage is:
    3. reasonably foreseeable and is directly caused by Genesis (or its representative's) breach or negligence; and
    4. is not caused by something beyond Genesis’ (or its representative's) control, but Genesis will not be liable in any circumstance for any other loss or damage, including indirect or consequential losses, loss of profits or similar.
  2. The maximum aggregate amount Genesis and its representatives will pay as compensation for your loss is the Purchase Price. Genesis may elect (in its sole discretion) to replace the Device or any other damaged property or goods, up to the same maximum amount.

Indemnity

  1. You agree to indemnify Genesis and its representatives, in respect of all costs, expenses and losses incurred by, or awarded against, Genesis or its representatives, in each case arising out of or in connection with any claim, demand, action, suit or proceeding as a result of any breach of these Terms by you.