1. Application of Terms
2. Promotion
3. Conditions
4. Process
5. Repayment Plan
6. Warranties and Disclaimer
7. Title and Risk
8. Liability and Indemnity
9. General Provisions

1. Application of Terms

1.1
These terms and conditions (Terms) are a legally binding document between you and Electric Kiwi Limited (we, us, our) regarding the residential home electric vehicle charging solutions we have been working with Evnex Limited (Evnex) to provide to you.

1.2
These Terms apply when you agree to purchase the residential home electric vehicle charging solution from Evnex. Any other products or services we supply to you have their own terms and conditions.

2. Promotion

2.1
We have been working with Evnex to bring you the following promotion (Promotion):

1. Evnex is offering our customers the opportunity to purchase a residential home electric vehicle charging solution (the Product) from Evnex, at a discounted price;
2. If you wish to take up this offer, you will need to pay Evnex upfront for the Product, and any associated installation services (together, the Price), or agree a repayment plan with us (in which case we will pay Evnex the Price);
3. Evnex will arrange for the installation of the Product at your property (the Installation Services); and
4. You may enter into a repayment plan with us to repay us the Price to us, interest free, in accordance with these Terms.

2.2
These Terms document the repayment arrangement between us and you. You acknowledge and accept that Evnex’s provision of the Product and Installation Services is between you and Evnex and subject to Evnex’s terms and conditions as provided to you from time to time.

3. Conditions

3.1
To be eligible for the Repayment Plan you must:

1. Be a current residential Electric Kiwi customer on the MoveMaster electricity plan for the same property at which the Product will be installed;
2. Have a satisfactory credit status, to be determined at our discretion; and
3. Accept Evnex’s terms and conditions in relation to the purchase of the Product and provision of the Installation Services.

3.2
We reserve the right to refuse to pay the Price on your behalf and in accordance with these Terms if any of the conditions specified in clause 3.1 have not been satisfied.

4. Process You must complete the following process to participate in the Promotion:

4.1
To be eligible for the Repayment Plan you must:

1. Request a quote for the cost of the Product and Installation Services via Evnex’s website;
2. Evnex will provide you with a quote for the Product and Installation Services, together with Evnex’s terms and conditions (Evnex’s Offer). Evnex will also enquire whether you wish to participate in the Repayment Plan.
3. Upon acceptance of Evnex’s Offer, Evnex will direct you to us if you have indicated that you wish to participate in the Repayment Plan (or you will contact us directly at evchargers@electrickiwi.co.nz).
4. We will provide you with details of the Repayment Plan, together with these Terms. We will request confirmation of your preferred repayment period, up to a maximum of 12 months (the Repayment Period), along with any other details we may require from you.
5. Upon confirmation from you of the Repayment Period, you will be deemed to have accepted the Repayment Plan, together with these Terms.

4.2
On completion of the process described in clause 4.1, we will arrange payment of the Price to Evnex on your behalf in accordance with clause 5.1.

4.3
Evnex will arrange for the delivery and installation of the Product directly with you

5. Repayment Plan

5.1
You agree to us making payment of the Price to Evnex, on your behalf:

1. Once we are satisfied the conditions outlined in clause 3 have been fulfilled; and
2. Upon your completion of the process outlined in clause 4.

5.2
In your Repayment Plan, we will specify the Price paid to Evnex for the Product including your daily repayment rate. Your next electricity invoice will reflect the total sum required to be repaid for that billing period (daily rate x number of days in the billing period, and any upfront payment being made) (the Repayments). The Repayments will be interest free.

5.3
You will make the Repayments to us over the agreed Repayment Period in accordance with these Terms and any invoices we issue to you.

5.4
You may make an early repayment of the Price direct with us at any time.

5.5
If, at any time throughout the Repayment Period, you cease to fulfil any of the conditions outlined in clause 3, we may require full repayment of the outstanding balance of the Price, upon demand.

5.6
You should let us know immediately if you are in financial difficulty and consider you may not be able to make your Repayments.

5.7
If you fail to make the required Repayments on time, at our discretion, we may instruct Evnex to deactivate your Product until such a time your Repayments are up to date (or paid in full, if applicable).

6. Warranties and Disclaimer

6.1
We have been working with Evnex to provide you with the opportunity to participate in the Promotion. We are not party to the sale or purchase of the Product or the provision of the Installation Services.

6.2
Evnex will be responsible for the provision of the Product and any Installation Services to you.

6.3
Evnex (and its employees, officers, subcontractors and agents) will be solely responsible for any issues with the Product and assume exclusive responsibility for rectifying and remedying any such issues, directly with you.

6.4
If, in your reasonable opinion, the Product and/or Installation Services provided by Evnex are not of an acceptable quality, you should notify Evnex immediately. Evnex will be responsible for addressing any concerns or complaints you may have directly with you, in accordance with the terms and conditions agreed to between you and Evnex.

7. Title and Risk

7.1
Title and risk in the Product passes to you upon delivery of the Product by Evnex to your property.

8. Liability and Indemnity

8.1
We give no guarantee or warranty in relation to the Product or Installation Services. We will not be liable to you for:

1. the Product or Installation Services provided to you by Evnex;
2. the accuracy or truth of any marketing by Evnex in relation to the Product or Installation Services; or
3. any guarantees or assurances that Evnex makes regarding the Product or Installation Services, including any implied warranties.

8.2
If we are liable to you for any reason then our liability will be limited to the Price.

8.3
To the maximum extent permitted by law and subject to any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986, we will not be liable to you for any indirect or consequential losses or damages, loss of business or loss of profits.

8.4
You indemnify us against all costs, expenses and losses incurred by us or our representatives arising out of or in connection with your breach of these Terms.

9. General Provisions

9.1
These Terms constitute the entire agreement and understanding of you and us relating to the matters dealt with in these terms and supersedes and extinguishes any previous agreement, discussions, negotiations, promise, assurance, warranty and representation (whether oral or written) between you and us in relation to such matters.

9.2
These Terms, and any claims arising out of or in connection with it or its subject matter or formation (including non-contractual claims), will be governed by and construed in accordance with New Zealand law and you and we irrevocably submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to these Terms or their subject matter or formation or the relationships established by them (including non-contractual claims).