This document sets out the terms and conditions (GT&C) of sale for the provision of goods and services from ubitricity UK Distributed Energy Systems UK Ltd, company number 11393390 (“ubitricity UK”). Please note that the following conditions apply to contracts concluded under English law, including mandatory consumer laws.
1. Conclusion of contract
1.1 Conclusion of contract using the web shop
1.2 Conclusion of contract by using the form
1.3 Conclusion of contract on the basis of an offer made by ubitricity UK
2. Purchase of Hardware components.
This section 2 applies only to customers who order Hardware components.
2.1 Terms of delivery
2.1.1 If ubitricity UK is unable to meet delivery deadlines for reasons beyond ubitricity UK’s control (including, but not limited to, the nonavailability of goods and/or services), ubitricity UK will notify the customer and inform them of the expected new delivery deadline as soon as reasonably practicable. If ubitricity UK cannot meet the new delivery deadline, ubitricity UK will inform the customer immediately and the customer shall then be entitled to withdraw from the contract in whole or in part. Non-availability of goods and services for the purposes of this section includes, without limitation, a delayed or incorrect delivery to ubitricity UK by ubitricity UK’s suppliers for which neither ubitricity UK nor the supplier is responsible. The customer’s right to withdraw from this contract due to the non-availability of goods and services remains unaffected. If the customer is a consumer, any consideration already provided by customer will be reimbursed immediately if the customer withdraws from this contract. Any further claims, especially for compensation, shall be excluded to the fullest extent permitted by applicable law, unless otherwise stated in section 8.
2.1.2 ubitricity UK will deliver the ordered goods and services within a reasonable time. ubitricity UK shall have the right to extend the delivery period, except for those cases under section 2.1.1, in the event of force majeure. If a force majeure event lasts for more than four (4) weeks, the customer has the right to withdraw from this contract. Any further claims, especially for compensation, shall be excluded, unless otherwise stated in section 8.
2.1.3 Insofar as the customer has the right to withdraw from this contract due to non-availability of goods and services or under section 2.1.2, they shall also have the right to withdraw from any other contingent or related contract, such as agreements on installation, mobile electricity and billing.
2.2 Shipment, retention of title
2.2.1 The customer shall be responsible for all shipment costs incurred by ubitricity UK in relation to goods ordered by the customer.
2.2.2 If the components are available, and where customer makes payment via SEPA direct debit, on account, credit card or PayPal, the delivery period shall be ten (10) to twelve (12) days starting from the day that the contract was concluded. If the customer pays in advance via bank transfer, the delivery period shall be twelve (12) to fourteen (14) days, starting from the day the payment order was made.
2.2.3 If the parties agree on a fixed date for the delivery, the delivery period described in section 2.2.2 above starts on that day.
2.2.4 If the last day of a delivery period falls upon a business day, the period shall expire at the end of the next business day.
2.2.5 All delivered goods and components shall remain the property of ubitricity UK until the customer has made complete payment.
2.3 Warranty rights and short-term right to reject
2.3.1 ubitricity UK agrees to provide a three (3) year goodwill warranty for the delivered goods and components to be free from defects. The warranty period shall begin when the contract for the purchase of the goods and components has concluded. In the event that that customer makes a warranty claim, ubitricity reserves the right to elect, in its sole discretion, whether to repair or replace the relevant goods. Warranty repairs may be executed by engineers authorised by ubitricity UK only. Costs for repairs that are not executed by an authorised engineer will not be reimbursed by ubitricity UK. The warranty does not cover repairs or damages caused by unauthorised repair.
2.3.2 The warranty only covers damages caused by material defects or defects related to the workmanship of the goods or components.
2.3.3 Under the warranty, ubitricity UK is not liable for loss of profits, business interruptions, pecuniary loss or travel expenses nor for any indirect or consequential loss or damage of any kind.
2.3.4 Any repairs or replacements of components within the term of warranty will not expand or restart the warranty period.
2.3.5 The customer’s statutory rights of withdrawal and warranty remain unaffected by these terms. The warranty applies in addition to applicable statutory provisions, unless otherwise stated in section 9. Mandatory legal provisions related to consumer rights remain unaffected. If the customer exercises their short-term right to reject, the customer must return the goods to ubitricity UK at its own expense. For the avoidance of doubt, this does not affect customer’s statutory rights under applicable law, and ubitricity UK shall be responsible for return shipping costs for faulty, mis-described or otherwise non-confirming goods.
3.1 Before initial operation, the customer shall follow the instruction manual and the safety instructions available at: (www.ubitricity .co.uk/manual) to prevent personal injury or damage to property. If the customer allows a third party to use SmartCable, the customer must ensure that the third party is also familiar and complies with the instruction manual and safety instructions.
4. Mobile Electricity Supply.
This section 4 only applies to customers who are (also) mobile electricity customers.
4.3.2 The customer shall allow ubitricity UK or a third party access to SmartCable, insofar as this is necessary for: (i) billing purposes; (ii) the fulfilment of this contract; (iii) compliance with any legal duties; or (iv) the management of energy business processes. Prior notice of such required access shall be given at least one (1) week in advance. If the customer is unable to provide access on the re-quested date, the customer shall offer a prompt alternative date.
4.3.3 The customer must not open the enclosure of SmartCable. The opening of the enclosure may lead to the loss of the calibration validity. The customer shall notify ubitricity UK immediately of a suspected opening or severe damage.
4.3.4 Once the calibration validity of Smartcable has expired (usually after eight (8) years), SmartCable will be deactivated. ubitricity UK will use all commercially reasonable efforts to inform the customer of such expiry at least three (3) months in advance. The customer has the right to terminate the mobile electricity contract at the time the calibration validity expires. If the customer does not terminate the contract, the contract shall remain in force, including all payment obligations. The customer shall be responsible for restoring the calibration validity of SmartCable, or to purchase another calibrated SmartCable.
4.4 Online platform
4.4.1 The customer is able to access their personal data via the password-protected ubitricity information portal which is available at: (https://portal.ubitricity.co.uk/home)
4.4.2 The customer shall protect their access data and ensure that third parties do not obtain such access data. Any actual, pending or suspected loss of the access data shall be reported to ubitricity UK immediately either by phone (+44 800 024 6279) or via e-mail (email@example.com). The customer must then change their password immediately.
4.5 Release from obligation
4.5.1 If a force majeure event occurs, ubitricity UK shall not be liable for failing to providing any services for the duration of the force majeure event. ubitricity UK shall also not be obliged to provide, or held liable for failure to provide, the services if prevented by reasons beyond ubitricity UK’s control.
4.5.2 The indicated charging capacity for each charging point is the maximum charge power. ubitricity UK is entitled to reduce or interrupt the charge power temporarily to the extent that ubitricity UK considers it reasonably necessary for reasons of public safety, statutory compliance, safety of network operation (especially at times of high grid utilisation in the network peripherals of the charging point), or for the maintenance of the grid integrity. In these cases, ubitricity UK is not liable for any damage or financial losses that occur from the reduced charging capacity.
4.5.3 ubitricity UK is released from any liability for failure to provide the services in the event of electricity cuts or blackouts that ubitricity UK is not responsible for, to the extent that these events cause a disturbance of the network operation, network connection or the charge point provider’s customer system. At the customer’s request, ubitricity UK will immediately provide such information about the cause of damage as it is aware of or which ubitricity UK can reasonably discover.
4.5.4 If ubitricity UK is unable to provide the services for the reasons described in sections 4.5.1, 4.5.2 or 4.5.3 for more than four (4) weeks, the customer is entitled to terminate the contract without prior notice. Any further claims, including for compensation, are excluded, unless otherwise stated in section 8.
4.6 Prices and price changes
4.6.1 The net invoice amount for the supply of mobile electricity (before VAT) consists of: (i) the monthly base price; (ii) the electricity price per kWh, multiplied by the actual withdrawal; and (iii) the amount of charging processes, multiplied by the transaction price per charging process.
4.6.2 The price for mobile electricity per kWh includes: purchasing and sales costs; all costs paid to grid operators; costs of billing; a concession fee; and sales and electricity taxes.
4.1 Charging accessability SimpleSockets/Plus, availability, electricity at
4.2 Supply and billing of the withdrawn electricity
SimpleSocket is directly connected to the distribution grid, and the customer’s mobile electricity supplier (ubitricity UK or another supplier), provides electricity at SimpleSocket. ubitricity UK shall measure the withdrawn electricity and either invoice such amounts to the customer, or forward the usage data to the respective supplier for billing purposes.
4.3.1 ubitricity UK measures the electricity withdrawn by the customer via SmartCable, and ubitricity UK shall determine the way such measurements are calculated (consumption measuring, meter readings etc.).
5. Use of data, data transfer and data protection
This section 5 only applies to customers who are mobile electricity customers.
6. Data transfer to the relevant local authority, Transport for London (TfL), London Councils and Greater London Authority
6.2 Where permitted under law, anonymised data will be used by the Authorised Entities under terms of confidentiality for purposes of: operating and managing their charging point scheme; research and policy purposes to reduce carbon emissions; improve air quality and reduce congestions such as the impact of EV-charging on the grid; informing the development of the scheme or a new scheme; transferring the service to a different charge point provider; compliance and regulation duties; reporting on the scheme, marketing of other government and mayoral programmes, subject to the requirements of the Privacy and Electronic Communications Regulations 2004, as may be amended or replaced and any other applicable law; identifying fraudulent use of their scheme. The Authorised Entities may share such data under terms of confidentiality with third parties acting on their behalf, if they entered
into a data processing contract with that third party.
6.3 The relevant local authority, Authorised Entities and TfL may share the anonymised data and other data that are not personal data under terms of confidentiality with third parties acting on their behalf for the purposes set out in section 6.2.
7. Quotation, payment, default in payment
7.1 Invoice amounts and credits regarding the supply of mobile electricity
are due at the end of each month.
7.2 Payments will be made at the discretion of the customer either via SEPA direct debit mandate, on account, via credit card or via Paypal. If payment is supposed to be made via SEPA direct debit mandate, the customer shall give ubitricity UK a SEPA direct mandate with the offer. Invoice amounts due will be collected from the account specified in the mandate. ubitricity UK shall notify the customer of the mandate reference immediately after conclusion of the contract. ubitricity UK is entitled to charge the customer for any costs that result from a reversal caused by the customer’s breach of their duties under this contract. Payment is made on account must be made by the due date. The date upon which payment is deemed to have been made shall be the date that the payment is actually received into ubitricity UK’s account, as determined by reference to ubitricity UK’s relevant bank account statement. ubitricity UK is entitled to charge an extra fee per month for payments by bank transfer.
7.3 ubitricity UK is entitled to offset receivables due against amounts owed to the customer.
7.4 Where payment on account has been agreed upon individually, the customer is obliged to pay the invoice on maturity (fourteen (14) days after receipt of the invoice). If the customer does not fulfil this obligation, they shall receive a reminder from ubitricity UK at no charge. In the event of ongoing default, ubitricity UK is entitled to claim costs in the amount of £2.00 for any further reminder or final reminder. The customer’s right to prove that ubitricity UK’s actual damage caused by the default is lower than the claimed costs for pursuing the outstanding debt shall be unaffected.
7.5 ubitricity UK is entitled to claim interest on any late payments due from customer in accordance with applicable statutory provisions.
8.1 ubitricity UK does not exclude any liability for: (i) fraud and fraudulent misrepresentation; and (ii) personal injury or death caused by ubitricity UK’s negligence.
8.2 In all other cases, to the fullest extent permitted by applicable law, ubitricity UK’s total aggregate liability to customer arising from or in connection with this contract will be limited to the greater of: (i) £100; or (ii) all sums paid by customer to ubitricity UK in the 12 months prior to the event giving rise to the liability.
8.3 For the avoidance of doubt, nothing in this contract undermines any statutory rights that the customer may have under applicable law.
9. Open Source Software
Certain components of the software for SmartCables and SimpleSockets/Plus are subject to so-called open-source licences. This open source software is not subject to the restrictions in section 3.4, but is subject to the terms of the applicable open source licence instead. The customer is free to use, modify and distribute open source software in accordance with the terms of the applicable open source licence. ubitricity
Where permitted under law, ubitricity UK may share customer data about the charge points under terms of confidentiality with any relevant local authority, and other applicable authorities, bodies or public entities (including, but not limited to TfL, London Councils and Greater London Authority) (“Authorised Entities”). If the data constitutes personal data, it will be anonymised before transmission. Unanonymised data will not be published.
UK shall inform the customer of which open source licences apply (if any) in the documents which come with the components, as well as where the customer can find any modifications in source code form.
10. Modification of Terms and Conditions
11. Final Provisions
12. WARNING: Pacemakers
Charging points may generate electro-magnetic fields which may be harmful to pacemaker wearers. If you have a pacemaker and are unsure about whether it is safe for you to use a charging point, please do not use the charging point. If you have a pacemaker and you use a charging point, maintain as much distance as possible from the charging point. If you feel uncomfortable at any time while using a charging point, please stop using the charging point immediately. ubitricity UK shall not be liable for any loss, damage or harm suffered as a result of your use of a charging point if you wear a pacemaker, provided that nothing in these terms and conditions shall limit or exclude ubitricity UK’s liability for death or personal injury caused by its negligence.