These Terms and Conditions cover the terms on which we sell, deliver and install your Electric Vehicle Charger. By purchasing an Electric Vehicle Charger from us you agree to be bound by these Terms. Please read them carefully. Please note that you do not need to be a So Energy supply customer to purchase an EV Charger from us and use our installation service.
Key Terms
Here is a summary of the most important terms, which may have an impact on you:
- If there are issues at your property which are not apparent from the initial Remote Survey, additional charges may apply and, if these are not agreed, we may cancel the contract (Condition 3.2).
- If you do not complete any pre-installation works required of you within 2 months, we may cancel the contract (Condition 2.11).
- If you change the installation date on less than 48 hours’ notice, a missed appointment fee may be charged (Conditions 2.10, 5.2, 5.10).
- If you do not provide access to the property on the installation date, a missed appointment fee may be charged, and if the failure to provide access continues, we may terminate the contract (Condition 5.8).
- If you cancel the contract within 48 hours of the installation date, a cancellation fee may be charged (Condition 4.4). This does not apply if you cancel during the initial 14 day period of the contract – see Condition 4.1.
- Except in the case of personal injury and non-minor damage to property, our liability is limited to the Contract Price (Conditions 10,11).
Definitions
"We" or “So Energy” are So Energy Trading Limited (company number 09263295). Related expressions like "us" or "our" should be read accordingly.
"You" are the person who is purchasing the Electric Vehicle Charger. Related expressions like "your" should be read accordingly.
"Electric Vehicle Charger " or “EV Charger” means an Electric Vehicle Charger sold by us and installed in a domestic premises to allow an electric vehicle to be charged.
"Commissioned" means that Works have been completed and your EV Charger is operational.
“Contract” means the contract for supply and installation of the EV Charger at your property, comprising the Quote, your acceptance, these Terms and Conditions, and any other terms that may be agreed between us.
“Contract Date” means the date the Contract is formed, being the date we receive full payment of the Contract Price from you.
“Contract Price” means the total price set out in the Quote which is to be paid by the purchaser of the EV Charger to So Energy.
“DNO” means a relevant licensed energy distribution network operator.
“Enabling Works” are works which must be carried out to your property before installation of the EV Charger can commence.
"Quote" means a written proposal issued by us detailing the scope of the product and service you are buying.
“Quote Acceptance” means that So Energy has received the payment from you, as detailed in your Quote, for the provision and installation of an EV Charger.
"Remote Survey" means the information relating to your property provided online by you as part of the application process to allow us to assess the suitability of your property for an EV Charger and to provide a Quote.
“Working Day” means any day other than a Saturday, a Sunday or a bank holiday as defined by the Banking and Financial Dealings Act 1971.
"Workmanship Warranty" has the meaning given to it in clause 6.
"Works" means the sale, delivery, installation and Commissioning of an EV Charger at your property as set out in the Quote.
1. Company Information
1.1 So Energy is a trading name of So Energy Trading Limited. We are registered in England and Wales with company number 09263295. Our registered office is at Studio 2, Power Road Studios, 114 Power Road, Chiswick, W4 5PY. Our VAT number is 218402924.
1.2 So Energy is authorised and regulated by OFGEM for the supply of domestic electricity and gas, and is authorised and regulated by the FCA as a broker and not a lender.
2. Your Quote and Placing an Order
2.1 You can obtain a Quote online through our website, where you will be asked to complete the Remote Survey which will enable us to verify the suitability of your property for an EV Charger installation, and will involve the provision of property specific information, including photographs, to enable us to provide a Quote.
2.2 Once the Remote Survey information is received this will be reviewed and we will provide you with a Quote. However, if we determine from the Remote Survey information that your property is not suitable for the installation of an EV Charger, we will inform you of this and will not be obliged to provide a Quote. The Quote will set out important information about the installation of the EV Charger and any other components included within our service and will state the price for the supply of the EV Charger, fully installed and Commissioned.
2.3 The figures detailed in the Quote are produced based on all the information you have provided us with about your property.
2.4 Your Quote will include the cost of your EV Charger and the cost of installation. If your Remote Survey shows that your installation is not “standard” (as described in clause 2.5), and additional work or materials are required to complete your EV Charger installation, your Quote will detail the additional works required and the cost of this work.
2.5 A standard installation includes:
(a) Provision and installation of an EV Charger on a brick or rendered wall, or to another suitable permanent structure (i.e. timber).
(b) Up to 15m of EV Ultra cable (or equivalent) run between the electricity supply meter, distribution board and the EV Charger.
(c) Routing of the cable through a drilled hole in a wall up to 500mm thick, if this is needed.
(d) No trenching or groundwork
(e) Cable routing, making good and waterproofing relevant drilled holes.
(f) Up to 6m of cable trunking to conceal interior wiring
(g) All cabling clipped to the wall to be no greater than 1.8m from the finished floor level.
(h) The fitting and testing of electrical connections and protections required for the EV Charger.
(i) EV Charger to be fully Commissioned via wifi or 4G/5G only and support provided to pair with customer mobile devices where applicable (Mobile device & customer to be available to engineer at time of Commissioning).
2.6 Your Quote may also indicate that Enabling Works are required to your property before the installation can commence; it is your responsibility to carry out the Enabling Works.
2.7 The Quote is an offer from us to you to enter a legally binding contract with us and is valid for 14 (fourteen) days from the date it is issued. You should ensure you fully understand your Quote, and that all the information that has been detailed within the Quote is accurate and contains no errors. The Quote will also provide information on how to accept the offer and how to make payment of the Contract Price.
2.8 You may accept this offer by paying the full price as stated in the Quote. The date we receive your payment will be the Contract Date. If we do not receive your full payment within 14 days, the offer will lapse unless you request, and we agree, to keep it open for a longer period.
2.9 By accepting our quote, you confirm that:
(a) you are over eighteen (18) years old;
(b) you are the owner of the property at which the EV charger is to be installed, or have the written authority of the owner for that installation;
(c) the information you provided in the initial Remote Survey is correct in all material respects.
2.10 By submitting your payment, you also agree to carry out any Enabling Works identified in the Quote at your own expense. Before the agreed installation date you must notify us that the Enabling Works have been completed. If the Enabling Works will not be completed on time, we require at least 48 hours’ notice so we can re-arrange your appointment. If do not give us this notice at least 48 hours before the agreed installation date, we may charge you a missed appointment fee in accordance with clause 5.2.
2.11 We will not schedule the Works until you notify us that the Enabling Works have been completed unless you specifically ask us to do so and provide an estimated date for completion of the Enabling Works. If any Enabling Works are not completed within 2 months of the Contract Date, we may cancel the contract and refund the Contract Price. In that event we will not be liable for any costs you have incurred in relation to the Enabling Works or otherwise.
2.12 You will receive an email confirming that your order has been accepted and full payment has been received.
3. Changes to the Works
3.1 If you wish to make minor changes to the Works set out in the agreed Quote after the contract has been entered (for example changing the location of the EV Charger or the route of associated cabling), you will need to consult with us. We may be able to accommodate such changes provided they are technically possible, and any necessary provisions or permissions are in place. Any changes requested by you may mean extra costs apply to the Contract Price. If we agree to the changes, the contract will be deemed to be varied accordingly and we will issue you with an invoice and a new payment link for any additional charges.
3.2 We will not be able to carry out the Works in accordance with the Contract in the following circumstances, where these could not have reasonably been identified through the Remote Survey:
(a) if your electrical installation is not at an acceptable standard, or has insufficient capacity;
(b) if there is insufficient wi-fi/internet connection (or other connectivity as specified in the Quote) at the location of the EV charger;
(c) if the Enabling Works have not been completed by the agreed installation date;
(d) if the charging cable crosses a public road or public right of way, regardless of whether trip protection is available.
(e) if there are safety issues at your property;
(f) if your property is not substantially in accordance with the Remote Survey, or has subsequently been altered following the receipt of the Remote Survey;
(g) if the DNO does not issue approval to start the Installation; or
(h) for reasons which we could not reasonably have foreseen.
3.3 If Condition 3.2 applies we shall;
(a) endeavour to agree with you, any additional or varied works we need to carry out and/or any further works that you must carry out; and
(b) endeavour to agree with you any additional charges that may apply in these circumstances (this may include a supplemental call out charge if an additional visit to the property is required);
If we agree the necessary changes, the contract will be deemed to be varied accordingly and you must pay the additional charges and (where relevant) carry out the further works before the installation can re-commence.
3.4 If we are unable to agree to these changes, either you or we may cancel the contract by notice in writing to the other party. In that event, we will refund the Contract Price, minus a cancellation fee of £100.
4. Your right to Cancel
4.1 You may cancel your contract with us within 14 (fourteen) days of the Contract Date, provided that we have not started the Works in your home (where you requested that we commence Works under clause 4.7).
4.2 To cancel, you must send a cancellation notice by completing and submitting the cancellation form (available for download <insert link>. or via email, clearly indicating your cancellation, to ev@so.energy. Further information on notices is outlined in Clause 14.
4.3 If you cancel within the 14-day period, we will reimburse you in full for any payments made.
4.4 If you cancel after the 14-day period has expired, and less than 48 hours before the date the Works have been scheduled to commence, we will refund the Contract Price, minus a cancellation fee of £100.
4.5 If the Works have started or been carried out on your property before you cancel (or where you requested that we commence Works under clause 4.7), we will remove any unused goods and materials from site and you will remain liable for payment for any goods or materials provided and for the works carried out, less the value (if any) of the goods and materials we recover. We will also add a cancellation fee as per clause 4.4. If these costs and cancellation fee are less than the Contract Price, we will refund you the difference.
4.6 Refunds following a cancellation will be made within 14 (fourteen) days of receiving your notice.
4.7 If you request that Works commence within the 14-day cancellation period, you must confirm this in writing by signing an "Accelerated Installation Form", found here. By signing and submitting this form, you will waive your contractual and statutory rights to cancel the contract and to receive a full refund of the Contract Price.
4.8 You may also terminate this contract if we are in serious breach of our obligations or if there is a significant delay in completing the agreed Works caused by us or our subcontractors.
4.9 If any equipment, products, or goods we supply are faulty, damaged, or not fit for purpose, or if there are serious delays in our service, the following remedies are available:
(a) you may reject the equipment, products or goods within 30 days of (i) delivery to you, or (ii) completion of the installation (where applicable) (“Short Term Right to Reject”), and receive a full refund of the Contract Price;
(b) after the Short Term Right to Reject has expired, you may request the repair or replacement of the goods, provided that the cost of any removal or re-installation required is proportionate to the cost of the goods; or
(c) after the Short Term Right to Reject has expired, and if a repair or replacement under (b) is not possible, then you may request a proportionate reduction in the Contract Price and a corresponding refund.
4.10 Any reimbursements or refunds will be made using the same payment method you used unless you request an alternative reasonable payment method.
5. The Installation Works
5.1 Once we receive Quote Acceptance we will:
(a) Ask the DNO for the approval to start your installation.
(b) Agree with you a suitable installation date and time (which may be dependent on your carrying out or completing any Enabling Works, see clause 2.11).
5.2 If you need to change an agreed installation date and time you should contact us via email at ev@so.energy or call us on 020 4625 1900 (Monday to Friday 9am to 5pm) giving at least 48 hours’ notice. If you give us less than 48 hours’ notice we reserve the right to charge you £100 for a missed appointment fee.
5.3 Should we need to change your installation date and time (excluding force majeure or safety related delays), we will endeavor to give you as much notice as we can. We will not be responsible to you for any loss or inconvenience you suffer as a result of us changing your appointment date or time, however if we re-schedule within 48 hours’ of the agreed installation date, we may provide a goodwill payment for the inconvenience.
5.4 All equipment related to, incorporated within or included as part of the installation of the EV Charger we supply will; (a) be new and fit for purpose, ; and (b) operate as we have described.
5.5 We will use our specialist, accredited installers to carry out the Works. Our supply chain consists of a mixture of employed personnel and sub-contractors.
5.6 All sub-contractors are qualified domestic electricians and certified to install EV chargers within homes in the UK. We take full responsibility for the compliance and quality of Works completed by our sub-contractors.
5.7 We will ensure our sub-contractors comply to all appropriate and relevant regulations and installer standards including; Domestic electrical wiring regulations BS7671, 18th edition, Part P of the building regulations and any other relevant standards at the time of the installation.
5.8 You agree to provide the installers full access to all areas of the property necessary for the installation, inspection and Commissioning of the EV Charger and you must ensure these areas are safe, unobstructed and accessible during the installation. Failure to provide the necessary access may result in delays, revisit charges and missed appointment fees as per clause 5.2. If the failure to provide access continues or is repeated, we may terminate this contract. In that event we will refund the contract price minus such charges and fees and a cancellation fee of £100.
5.9 You are responsible for ensuring there is sufficient Wi-fi signal / internet connectivity (or as specified in the quote) at the proposed EV Charger installation location. The type of connectivity required will depend on the specific model of charger being installed. The charger model will be selected based on the information provided in the Remote Survey. So Energy will not be responsible for any failure of communication between the charger and any associated mobile or web applications due to inadequate signal strength at the installation location. Ongoing functionality of smart features relies on a stable and consistent internet connection, and any issues arising from poor connectivity are your sole responsibility.
5.10 You are responsible for ensuring you, or a person confirmed by you (who is older than 18 years old) is available at the property on the installation dates. If you, or a person confirmed by you are not present at the property at the scheduled appointment times without providing at least 48 hours’ prior notice, you will be liable to pay missed appointment or revisit fees as per clause 5.2.
5.11 During the installation Works you shall not, and shall not allow any third party to, interfere with the Works.
5.12 Upon completion of the Works, we shall give you a full Handover Pack of your EV Charger, and will provide you with details of the guarantees and warranties which apply.
5.13 Title and ownership of the EV Charger shall pass to you once the Works are completed. You shall be responsible for all care, maintenance and insurance of the EV Charger from that point.
6. Warranties
6.1 We warrant that the Works shall be free from defects for a period of 2 (two) years following the date when the EV Charger was Commissioned (the "Warranty Period") (our “Workmanship Warranty”)
6.2 If you notify us of a defect with the EV Charger or the Works that appears within the Warranty Period then we shall;
(a) If your claim relates to defective workmanship, remedy the fault and/or reconduct the Works as necessary. A cosmetic issue shall not be considered a defect (for example wear or discolouration of components).
(b) If the claim relates to a defect in the EV charger, we will support you in making a warranty claim against the manufacturer.
6.3 Our Workmanship Warranty shall not apply, and the warranty from the manufacturer may not apply, in situations where;
(a) You have failed to operate and/or maintain the EV Charger in accordance with our written directions set out in the Handover Pack;
(b) You allow any third party, not authorised or contracted by So Energy to tamper with, adjust or work on parts or any part of the EV Charger; or
(c) Your property and/or the EV Charger is subjected to damage occurring through natural disasters, acts of God or due to human intervention, accident or negligence that is not caused by us.
(d) The label bearing the serial number of this product has been removed or defaced.
6.4 The components making up your EV Charger are guaranteed by its manufacturer. These guarantees are set out in your Handover Pack and we will provide you with access to any and all guarantee documentation from the manufacturers relating to these components. We do not provide any additional guarantee for the EV Charger.
7. Payment
7.1 The Contract Price, and the quoted costs for any additional works that we may agree to provide, will include any applicable VAT or sales tax.
7.2 If any amount due to us is unpaid, we may end or suspend the contract by notice to you. We may also terminate the Contract if any payment due to us is overdue by 60 days.
8. Consents and Permissions
8.1 You are responsible for ensuring that any permissions or consents required for your installation are in place prior to the Works starting.
8.2 You are responsible for notifying your home, buildings and contents insurer that you will have an EV Charger installed on your property.
8.3 We are not responsible for any costs, charges or losses that you may incur due to failure to obtain any required consents, permissions or insurances.
9. Data
9.1 We will only use your personal data in accordance our privacy policy, which is available here: Privacy policy - So Energy
10. Limitation of liability
10.1 Except where otherwise set out in this clause 10 and in clause 11.1, if a party suffers any loss or damage, as a result of the other party’s breach of this contract or negligence, the other party’s total liability to the suffering party will be limited to the Contract Price for each event that causes loss, or if there are a number of connected events that cause loss, a party’s total liability to the other will be limited to the Contract Price in total for these events.
10.2 We will not be liable to you for:
(a) any loss or inconvenience due to circumstances beyond our control (for example any loss caused by having to re-schedule the installation date due to the unavailability of necessary components, through no fault of our own, required to complete the Works, or if the relevant installation personnel are unable to attend on the day of installation due to illness, or inclement weather preventing the start or completion of the installation)
(b) any loss which was not or could not have been reasonably foreseen by you or us when the contract was formed;
(c) any loss that was not caused by any breach on our part; or any damage to your EV caused by the use of the EV charger in a manner which is not in accordance with manufacturer’s instructions provided with the Handover Pack.
10.3 We will not be liable to you for (i) losses that were not foreseeable to both parties when the contract was formed, (ii) losses that were not caused by any breach on our part or (iii) business losses and/or losses to non-consumers.
10.4 Notwithstanding any other provision of this contract, the liability of the parties shall not be limited in any way in respect of the following:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other losses which cannot be excluded or limited by applicable law;
11. Damage to property
11.1 We shall repair or remedy any damage to your property that is caused by us or our sub-contractors' failure to carry out the Works in a professional manner and where they have acted negligently (but we will not be obliged to rectify minor defects, such as decorative or cosmetic issues, which do not affect the integrity of your property). The limitation of liability in Condition 10.1 does not apply to this obligation.
12. Notices
12.1 Notices to you under this contract will be sent by post or hand delivered to the billing address, or in the case of email to the last known email address that you have provided.
12.2 Notices to us under the contract must be sent by post or courier service to So Energy Trading Limited, Studio 2, Power Road Studios, 114 Power Road, Chiswick, W4 5PY or via email to EV@so.energy. All notices to us must be clearly marked “FAO: So Energy – EV Chargepoint team”
12.3 All notices shall be deemed received (i) if given by hand, immediately, (ii) if by email, the second Working Day at 9am following transmission, (iii) if given by registered mail, the second day following posting, or (iv) if given by express courier service, the second day following dispatch.
13. Complaints Procedure
13.1 We hope you don't have any reason to complain about our service or have any disputes with us relating to the contract. In the instance that you do have a complaint or wish to open a dispute, please contact us in the first instance so we can attempt to resolve the issue or dispute informally. Please see our Complaints Policy on our website at So Energy - Complaints Code Of Practice for more details.
13.2 In the unlikely event that we are unable to resolve the issue or dispute informally, we will discuss with you the most effective way of resolving the issue using mediation or arbitration dependent on the nature of the dispute. You are not obliged to accept any method of dispute resolution proposed by us.
14. General Conditions
14.1 We may transfer, subcontract, assign or novate any or all of our rights or obligations under the contract without your consent. This will not affect your rights under the contract.
14.2 You may not transfer or assign or novate the contract or any of your rights under it without first obtaining our written consent.
14.3 If any part of this contract is declared invalid or is void or unenforceable, the validity of the rest of the contract will not be affected.
14.4 If we do nothing, or delay taking action, when you breach the contract, we will still be entitled to take prompt action to enforce a similar or subsequent breach of the contract by you.
14.5 If your property is in England or Wales, the laws of England and Wales apply to this Contract. If you property is in Scotland, the laws of Scotland shall apply. The courts of England and Wales, or Scotland, as appropriate to the location of your property, have exclusive jurisdiction in respect of any matter or dispute relating to the Contract
15. Statutory rights
15.1 Nothing in these terms and conditions affects your statutory rights.