Terms & Conditions of use of our Products and Services
Please read these Terms and Conditions carefully as they contain important information about your obligations in using our Products and Services
Acceptance of Terms
These Terms and Conditions form a legally binding agreement (“Agreement“) between you (“you”, “your”, the “Customer” ) and EV Impact Pty Ltd trading as Evansa ACN 657 958 131 (“Evansa”).
By agreeing to purchase and/or use our Products and Services, you represent you have accepted these Terms and Conditions and have entered into a legally binding agreement with Evansa. You warrant that you have full legal capacity and authority to enter into this Agreement. If you do not accept all the Terms and Conditions, you must not purchase or use our Products and/or Services.
Evansa reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use our website, make a purchase of our Products and/or Services, request or accept a quote for our Products or Services and your continuation of the use of our Products and Services.
Customer means you, the person or entity that has purchased or is the recipient of the Products or Services;
Installation Services means the installation of the Product carried out by and installed by Evansa.
Insurance means the insurance in relation to your Products which you pay at the time of payment of the delivery of your Products and is a cost paid by you prior to delivery of the Products.
Quote means the cost of the Products and/or the delivery and/or Installation of the Products provided by Evansa to the Customer.
Products means the goods that have been supplied by Evansa;
Services means the services supplied by Evansa or its contractors including the installation and delivery of the Products to the premises nominated by the Customer.
Website means www.evansa.earth
Payment, Delivery and Installation of Products
You agree to pay the Products and Services as follows:
In the event of online purchase of the Products: payment at the time of the online checkout.
In the event a purchase was made for the Services: 20% deposit upon acceptance of the Quote. The balance is paid upon completion of delivery or installation of the Products to your delivery address.
In the event a quote was requested for the Products and Services: 20% deposit at the time of acceptance of the Quote and the balance upon completion of the installation of the Products.
At the time of purchase of the Products, you will have the option to choose to insure your Products while in transit. Evansa will provide you with payment details including the fee for insuring the Products whilst it is being delivered and in transit to your nominated address. If you choose not to insure the Products, and during the delivery and in transit, the Products is lost, damaged or in any way unfit for use or for consumption, you agree that you will release Evansa in full from any claims for loss or damage. You acknowledge that by refusing to pay for insurance of the Products during its delivery and transit to your nominated address you accept all risks associated with the delivery of the Products including any damage to the Products and in the event the Products are lost and do not reach your designated address.
Evansa will use its best endeavours to provide you with a quote within 5 business days of your request a quote.
The Quote is valid for a period of 30 calendar days from the date of the Quote.
You agree that upon acceptance of a date to install and deliver the Products, and you fail to be available for the installation or acceptance of the delivery of the Products or you seek to change the delivery and/and or installation within 48 hours of the allocated time for the delivery or Installation, you agree to pay the amount of, and you acknowledge that they will be liable to pay a fee of $150 plus GST. This fee shall be added to the Quote on the invoice you receive from Evansa and you agree to pay this fee together with the Quote at the completion of either delivery or installation of the Products and/or Services.
Title to the Products provided by Evansa shall at all times remain with Evansa until such time as all monies due and owing and payable to Evansa and all monies payable under these Terms and Conditions are paid. Nothing contained herein or permitted pursuant hereto shall confer on you any right or proprietary interest in the products other than as a bailee until all monies under these Terms and Conditions have been paid and received by Evansa.
In addition to the above, you hereby agree to the following:
Subject to any statutory rights which may not by law be excluded, restricted, or modified, to continue any pay the monies in accordance with these Terms and Conditions notwithstanding any defects in workmanship in the Products or Services supplied or the breakdown in or of the Products and Services supplied by Evansa.
You will not deduct any sum of money from the amount due on any Evansa invoice for any reason whatsoever.
You shall not be entitled to make any claim upon Evansa if any amounts are alleged to be outstanding from you to Evansa. You will not be entitled to set off any amounts against Evansa.
To indemnify and hold harmless Evansa against any loss caused by you or any person on your premises or related to you, direct or indirect, due to the use, misuse, mishandling or handling of the Products.
Evansa will not liable for any loss or damage including any consequential loss or damage suffered by or occasioned you or your family member or any person related or known to you whatsoever, whether the loss or damage is in any way caused by or attributable to the negligence of Evansa its servants or agents, whether the loss or damage is caused by or attributable to a failure of or a delay in delivery, the failure or malfunctioning of any Products or Service supplied to you or any defect in the design or specification of such products.
That except for such conditions or warranties as stated herein or as required by law to be applied in the state of Queensland, no condition or warranties is given and no representation is made by Evansa in relation to the Products as to their quality, fitness, suitability for purpose or otherwise and the Customer’s obligations to make any payments hereunder shall continue notwithstanding any defect or breakdown of the Products supplied by Evansa, or loss or destruction of;
That in agreeing to order and/or purchase the Products and Services from Evansa, the Customer does not rely on any representation or promise other than those contained herein or on the Evansa Website, made by any person and that no representation or promise other than those contained herein or on the Evansa Website made by any person shall be a term or condition of the supply of the Products or Services.
In the event that any division or part of the Competition and Consumer Act 2010 applies to these Terms and Conditions and the Products supplied by Evansa, and in the event that the Products supplied has been supplied for ordinarily personal, domestic or household use or consumption then the liability of Evansa for breach of the condition or warranty implied is limited to one or more of the following, at the option of Evansa:
The replacement of the Products or Services or supply of equivalent Products or Services; or
The return of monies which equals to the amount paid you paid to Evansa for those Products and Services, provided that any defects in relation to the Products or Services are notified within 7 days of receipt; or
The payment of the costs of replacing Products or Services or of hiring equivalence; or
The payment of the costs of having the Products or Services repaired.
Evansa will not be liable whatsoever to replace, repair or refund any monies to you for damaged Products where such damage and defectiveness was caused by your misuse, mishandling or negligent handling of the Products.
Not to make any alterations or addition to the Products which are supplied by Evansa and not to operate the Products so as to avoid or limit any suppliers or manufacturers warranties in respect of the Products.
To ensure that the Products which are supplied are operated and maintained in a proper and skilful manner using recognized methods and standards of operation and in accordance with any instructions and recommendations by Evansa or the manufacturer relating to the Products and their use during the term of any implied or express warranty; and
To comply with all statutes, law, ordinances, regulations and any other Governmental or quasi-Governmental directions having a binding effect applicable to or in connection with the Products which are supplied or are installed by Evansa.
In the event that you have nominated a delivery date, Evansa shall take all reasonable steps to achieve delivery on or about that date. However, no promise is given that the Products and Services will be available on that date, and in the event that Evansa is unable to deliver the Products or Services on that date, it shall not be liable for any loss (including consequential loss) for failure or delay in delivery. In no case shall Evansa be liable for any amount payable by the Customer to a third party as a result of failure or delay in delivery by Evansa due to any cause whatsoever.
Evansa will replace, and refund any item which is faulty or defective, provided that such item has not been used, mishandled, misused, or damaged by the Customer, and the Customer notifies Evansa of such fault and/or defectiveness strictly within 14 days of receipt of the Products or Services.
Evansa makes no representations and warranties in relation to the suitability and effectiveness or quality of the Products. You agree and acknowledge that Evansa distributes the Products and Services to you and provides no warranties other than as stated herein. Each of the manufacturer’s warranty in relation to each of the Products supplied is disclosed on the Evansa Website. It is taken that upon payment of the Products received, you are deemed to have reviewed and accepted the terms of warranty of the manufacturer.