Terms and Conditions for Purchase of Equipment and Services

1. DEFINITIONS AND INTERPRETATION

1.1 “Additional Works” means any additional works required at the address as agreed with the Buyer to enable installation of the Equipment that are not included within a Standard Installation, including but not limited to:

1.1.1         aerial or subterranean runs of cable,

1.1.2         cable runs greater than 15m;

1.1.3         alterations to a Buyer’s existing electrical installations, electrical meter or consumer units (power distribution board);

1.1.4         installations of a cable that must be trenched, or hidden behind walls, through joists, under tiles/carpets/floorboards/paving slabs;

1.1.5         installations at properties with 3-phase electricity supply; or

1.1.6         installation at an address located in the Scottish highlands, remote locations by postcode or an island that is separated from mainland England, Scotland, Wales, or Northern Ireland.

1.2 “Additional Works Charges” means the charges as agreed with the Buyer pursuant to the Additional Works Quotation for any Additional Works;

1.3 “Additional Works Quotation” has the meaning given to it in clause 10.2;

1.4 “Basic Unit” means a Smart Unit that is not capable of providing the Smart Charging Services or access to Radius online Charge Point Management System due to a lack wifi connection or data transmission at the Buyer’s premises where the unit is located;

1.5 “Business Smart Charging Services” means Smart Charging Services for Business users, where charges will be levied based on energy usage.  This will require the energy meter to be MID certified as a minimum.

1.6 “Buyer” means the person who buys Equipment from Radius;

1.7 “Cancellation Charge” has the meaning given to it in Clause 4.3.2;

1.8 “Charge Point Management System” means Focus EV, the digital platform that remotely controls the Smart Charging Services of a Smart Unit

1.9 “DNO” means the distribution network operator;

1.10 “EVHS Grant” means the grant provided by OZEV under the OZEV Electric Vehicle Scheme grant (more information can be found here – Grant schemes for electric vehicle charging infrastructure – GOV.UK (www.gov.uk)) or such other government website that outlines the details of the EHVS Grant from time to time;

1.11 “Equipment” means the equipment and any related services as described in the Invoice to be supplied to the Buyer from Radius (which shall include reference to charging units);

1.12 “Installation Requirements” means any written installation requirements with respect to the Equipment issued by Radius to the Buyer together with the supply of the Equipment;

1.13 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.14 “Invoice” means the invoice or receipt issued by Radius to the Buyer with respect to the supply of the Equipment;

1.15 “OZEV” means the Office of Zero Emissions Vehicles as constituted by the government of the United Kingdom;

1.16 “Smart Charging Services” has the meaning given to it in clause 11.6;

1.17 “Standard Installation” means installation of the Equipment by Radius (or an agent or contractor engaged by Radius) that includes and assumes:

1.17.1       The fitting of the charger on a brick or plaster wall, or other suitable permanent structure;

1.17.2       Routing of the cable through 1 x drilled hole in a wall up to 500mm (20 inches) thick, where required;

1.17.3       Up to 15 metres of cable, run and neatly clipped to the wall between the consumer unit and the charge point, up to a height of up to 1.8m (if over 20m a larger cable is required at extra cost);

1.17.4       All electrical connections at the origin of the supply and charge point;

1.17.5       Supply and install Garo PME earthing device with built-in RCBO;

1.17.6       Up to 3 metres (10 feet) of plastic conduit or trunking to conceal interior wiring;

1.17.7       Electrical testing and NICEIC Certification;

1.17.8       Demonstration of the charge point functions and our smartphone app;

1.17.9       correct electrical connections and protections are available on the Buyer’s premises, and that no civil works or electrical remedial works (including such work as required by the relevant DNO and / or the installation of an isolator switch) are required prior to or during installation; and

1.17.10     the installation point and the cable installation route is safe, free from asbestos and complies with all applicable health and safety regulations;

1.18 “Smart Unit” means a home charge unit which can provide the Smart Charging Services.

1.19 “Terms and Conditions” means these standard terms and conditions of purchase of charging units;

1.20 “UK Data Protection Legislation” means the applicable law governing the handling of personal information and/or electronic communications, including the Data Protection Act 2018.

1.21 “User Guide” means any written guide for the operation and maintenance of the Equipment issued by Radius to the Buyer together with the supply of the Equipment.

1.22 Unless the context otherwise requires:

1.22.1       words in the singular shall include the plural and vice versa;

1.22.2       a reference to a Clause, paragraph, Schedule (other than to a schedule to a statutory provision) or Annex shall be a reference to a Clause, paragraph, Schedule or Annex (as the case may be) of or to this Agreement;

1.22.3       if a period of time is specified as from a given day, or from the day of an act or event, it shall be calculated exclusive of that day;

1.22.4       references to writing shall include any modes of reproducing words in any legible form and shall include email except where expressly stated otherwise; and

1.22.5       a reference to “includes” or “including” shall mean “includes without limitation” or “including without limitation”;

2. GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF CHARGING UNITS

2.1 These Terms and Conditions shall apply to the sale of Equipment by Radius to the Buyer to the exclusion of all other terms and conditions referred to, implied, offered or relied on by the Buyer.

2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Radius.

2.3 The Buyer represents, warrants and undertakes the following:

2.3.1         the Buyer confirms that it is in England, Scotland, Wales, or Northern Ireland, and that the installation address specified on the application form is an address and that it either owns the property or has consent from the landlord for the Equipment to be installed;

2.3.2         the Buyer confirms that there is a garage or other suitable private off-street parking within the premises (which, where the EVHS Grant is applicable as outlined in clause 2.8, is compliant with the conditions regarding dedicated off-street parking set by OZEV), allowing the Buyer to charge the electric vehicle safely and without creating a trip or other health and safety risk to the Buyer or any other party or property, with modern electrics; and

2.3.3         the Buyer confirms that its personal information may be shared in line with Radius Customer Privacy Notice (available at Privacy Policy – Radius (radiuspaymentsolutions.com)), which, where the EVHS Grant is applicable, this shall include sharing such personal data with OZEV or any other third parties that require this information in order to provide the EVHS Grant, or any analogous scheme as may be provided from time to time in the future).

2.4 Where the Buyer has provided incorrect information under clause 2.3 above:

2.4.1         If Radius has not already done so, Radius will not install the Equipment unless the Buyer pays the full cost (or any residual balance if applicable) for the Equipment and installation in addition to any additional cost arising because of the incorrect information; or

2.4.2         If the Equipment have already been installed, Radius shall be entitled to recover from the Buyer the full cost (or any residual balance if applicable) for the Equipment and of installation in addition to any additional costs arising as a result of the incorrect information (for example, if it is determined that installed Equipment are not eligible for the EVHS Grant, Radius shall be entitled to receive the residual balance that is applicable),

in each case, Radius shall be entitled to recover from the Buyer any additional costs incurred by Radius as a result of such information including all liabilities, costs, losses, and expenses (including third party claims), in connection with the incorrect information provided by the Buyer or the installation or removal of the Equipment at the address specified by the Buyer, in addition to the Cancellation Charge under clause 4.3.2 where the Buyer does not proceed with the installation.

2.5  Radius reserves the right to supply the Buyer with Equipment that is of an equivalent or better quality to the Equipment purchased by the Buyer (note that the Buyer will need Wi-Fi capabilities to benefit from equivalent or enhanced features of the Equipment).

Additional terms applicable where the Buyer purports to be eligible under the EVHS Scheme

2.6 Where the Buyer purports to be eligible for the EVHS Grant, the Buyer represents, warrants and undertakes the following:

2.6.1         the Buyer confirms that it has read, agrees with and shall comply with all conditions imposed by the OZEV Electric Vehicle Scheme as published from time to time by OZEV, without exception;

2.6.2         the Buyer represents that at the time at which it (or Radius on behalf of the Buyer) applies for the EVHS Grant it meets the eligibility criteria as specified by OZEV in order to receive the EVHS Grant ; and

2.6.3         the Buyer confirms that it is the designated primary user / owner, or has a vehicle on order, of a new vehicle as defined by OZEV as an eligible electric vehicle for an EVHS Grant subsidised installation and will confirm the make and model of this vehicle to Radius. The Buyer agrees to provide Radius with the necessary vehicle ownership and OZEV documents before Radius performs the installation of the Equipment;

2.7            Where the Buyer purports to be eligible for the EVHS Grant, the Buyer acknowledges it is responsible for procuring the Grant. The Buyer shall provide Radius with evidence of the Grant, once obtained.  Any quote from Radius that assumes that the Grant has been obtained shall be subject to such evidence being provided before installation. If the Grant is not obtained by the Buyer, the Buyer shall be liable for the full amount of the installation charge.

3. PRE-INSTALLATION SURVEY

3.1 Prior to installation, Radius will conduct a survey of the Buyer’s premises to ascertain suitability and requirements for the installation of a home charge unit. The survey will be a self-service online survey.  For more complex installations, an on-site survey may be required which may be subject to a separate charge.

3.2 The self-service online survey includes an evaluation of aspects of the Buyer’s premises that may impact or be impacted by the installation of the Equipment. The Buyer shall provide to Radius all relevant data and/or information to make a technical assessment of works involved either by online questionnaire, image and video upload, video call or telephone call. The Buyer warrants that all information supplied by the Buyer to Radius in relation to the self-service online survey is correct, complete, and accurate, and the Buyer shall be liable for any costs incurred by Radius due to the supply of false, inaccurate or incomplete information.

3.3 The on-site survey requires the local presence of Radius installation partner at the Buyer’s premises and will require access to all aspects of the Buyer’s premises that may impact or be impacted by the installation of Equipment’ including but not limited to electrical meter, consumer units (power distribution board), and Equipment location.

3.4 Following the self-service online installation survey and/or the on-site survey, the Buyer will receive confirmation from Radius of a Standard Installation or whether any Additional Works are required along with a quotation for the same. If Additional Works are required, installation will be scheduled after the Buyer has paid for such Additional Works.

4. PRICE AND PAYMENT

4.1 Radius will contact the Buyer to request payment of the price of the Equipment together with VAT and any other applicable payments under these Terms and Conditions. The Buyer must make payment of the full amount due.

4.2 After the Buyer has made payment, Radius will promptly issue an Invoice to the Buyer including remittance advice showing the amount paid by the Buyer relating to the price, VAT and any other applicable payments under these Terms and Conditions.

4.3 Where the Buyer has made payment under this clause 4:

4.3.1         If the Buyer informs Radius within 14 days of making payment that the Buyer does not wish to proceed with the installation of the Equipment, Radius will refund the Buyer the full amount of the price paid as stated in the Invoice.

4.3.2         If the Buyer informs Radius after 14 days of making payment that the Buyer does not wish to proceed with the installation of the Equipment, Radius will refund the Buyer the full amount of the price paid as stated in the Invoice less one hundred and fifty pounds sterling (£150) to cover Radius cost of processing the Buyer’s application (the “Cancellation Charge”).

4.3.3         Radius may waive the Cancellation Charge, at its discretion, if it deems that the Buyer has cancelled the installation of the Equipment more than 14 days after making payment for reasons outside of the Buyer’s control and which the Buyer could not reasonably have foreseen.

4.4 If the Buyer fulfils the eligibility criteria for the EVHS Grant as determined by OZEV’s review of the Buyer’s application for the EVHS Grant at the time of the completion of the installation of the Equipment, Radius shall discount the invoice to an amount equivalent to the Grant.  If evidence of the Grant is not provided by the Buyer, prior to the installation, then the amount of the invoice shall be increased by an amount equal to the discount offered.

4.5 Where the customer is notified of any Additional Works in accordance with clause 10.2 and 10.3, the Buyer must pay Radius the Additional Works Charge before the Additional Works will be completed.

4.6 Where the Buyer has paid the Additional Works Charge and Radius is subsequently unable to undertake the Additional Works, Radius will refund the full amount of the Additional Works Charge paid by the Buyer. Where Radius undertakes part of the Additional Works, Radius will refund to the Buyer the amount of the Additional Works Charges attributable to the Additional Works that Radius has not undertaken.

4.7 Radius shall be entitled charge the Buyer interest on any overdue amount at the rate of 4% per year above the UK base rate of Barclays Bank Plc from time to time (which interest will accrue daily until the date of actual payment and be payable on demand) or claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

4.8 If payment by the Buyer of any amount due to Radius is not made when due, Radius shall be entitled to terminate the contract with the Buyer.

5. DESCRIPTION

5.1 Any samples, drawings, descriptive matter or advertising issued by Radius and any descriptions of the Equipment or illustrations or descriptions contained in Radius catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Equipment or services described in them shall not form part of the contract with the Buyer or have any contractual force. Actual installed product may vary from descriptions in Radius catalogues, brochures, or website and the Buyer confirms that it does not rely on such descriptions.

5.2 The Equipment is described in Radius websites and the Invoice. Radius reserves the right to amend the specification for the Equipment if required by any applicable statutory or regulatory requirement, and Radius shall notify the Customer in any such event.

6. DELIVERY

6.1 Unless otherwise agreed in writing, delivery and installation of the Equipment shall take place at the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery and installation of the Equipment.

6.2 The date of delivery specified by Radius is an estimate only.  The final date of delivery will be confirmed at least 2 working days in advance of actual delivery.

7. RISK

Risk of loss and damage to the Equipment shall pass to the Buyer when the Equipment is installed at the Buyer’s premises, except that if the Equipment are delivered and stored at the Buyer’s premises prior to installation, risk of loss and damage to the Equipment shall pass to the Buyer during such period of storage.

8. RETENTION OF TITLE

Title to the Equipment, including full legal and beneficial ownership, shall not pass to the Buyer until Equipment has been installed at the address specified by the Buyer and Radius has received cleared payment in full: (i) for such Equipment in accordance with these Terms and Conditions; (ii) of all outstanding amounts (including interest) due from the Buyer to Radius under this Agreement.

9. WARRANTY

9.1 Subject to clause 9.3, the Equipment shall be covered by a 36 months repair or replacement warranty (at Radius discretion) with respect to faulty parts and/or installation arising from any act or omission of Radius. This warranty period commences on the date of the original installation of the Equipment.

9.2 The Buyer undertakes to promptly notify Radius by calling Radius dedicated customer service call centre on 0330 828 8555 of any fault in the Equipment and in any event within 7 days of becoming aware of such fault.

9.3 Radius warranty does not apply in the event of a fault or damage arising from any of the following causes:

9.3.1         Maintenance performed by any person not appointed or authorised by Radius;

9.3.2         Installation of the Equipment not carried out by Radius or one of its contractors;

9.3.3         Damage caused by theft or vandalism or any other third-party act;

9.3.4         Misuse or use of any kind of the Equipment by the Buyer that is not in accordance with the User Guide or any other instructions issued by Radius regarding the Equipment;

9.3.5         The use of any connected equipment (such as a charging cable) that is not supplied to the Buyer by Radius;

9.3.6         Unauthorized opening of the Equipment by the Buyer;

9.3.7         Natural disasters: earthquakes, lightning, wind or water damage, and problems caused by fire or similar events;

9.3.8         Unsuitable storage conditions;

9.3.9         Modifications, additions or any other interference with the Equipment by the Buyer, or any other party, , including software modifications, without the prior written consent from Radius;

9.3.10       Normal ageing and wear-and-tear of the Equipment (e.g., discoloration, normal corrosion or oxidation); and

9.3.11       Abnormal user conditions that lead to excessive wear-and-tear of the Equipment (e.g., charging cables left in socket for excessive periods of time).

9.4 Faulty Equipment being repaired or replaced under Radius warranty may need to be removed and returned to Radius premises at Radius sole discretion. If the fault is found to have arisen due to any reason for which Radius warranty does not apply, the costs of the removal, repair, replacement, transportation, delivery, reinstallation, diagnostics, call-out fees and any other costs will be the responsibility of the Buyer. Radius reserves the right to suspend the performance of any repair or replacement of the Equipment in accordance with Radius warranty at any time until the Buyer has paid in full for such repair, replacement and/or associated costs for which the Buyer may be responsible.

9.5 Repair, modification or replacement of parts during the warranty period will not extend the original warranty period of the Equipment.

9.6 If the Buyer has subscribed to, and paid for, any ongoing maintenance services contract, the terms of such contract shall prevail over these Terms and Conditions with respect to the repair or replacement of any faulty Equipment.

9.7 Upon receipt of any Equipment returned under Radius warranty, Radius will examine and attempt to remedy any defects identified at its own expense and by whatever means Radius deems appropriate. Under this warranty, Radius reserves the right (at its sole and exclusive discretion) to supply new or reconditioned equipment to the Buyer, by way of repairing the product, or by way of the replacement of the Equipment with a new unit that is of equivalent or better quality that the Equipment originally purchased by the Buyer,

9.8 Any part or component in the Equipment replaced under Radius warranty will become the property of Radius.

9.9 Except as provided in this clause 9, Radius shall have no liability to the Buyer in respect of the failure of the Equipment to comply with these Terms and Conditions.

10. INSTALLATION

10.1 Unless otherwise agreed with the Buyer, Radius shall install the Equipment according to a Standard Installation and:

10.1.1       with reasonable care and skill and in accordance with generally recognised commercial practices and standards in the industry for similar services;

10.1.2       in accordance with the descriptions and specifications set out in the Installation Requirements and applicable law.

10.2 The price for the installation of the Equipment shall be based upon the information provided by the Buyer to Radius. On the day of installation, a physical site survey will be conducted by Radius installation engineer. If and to the extent the Equipment cannot be installed because:

10.2.1       Any information provided by the Buyer in relation to the installation site is found to be incorrect or has changed (e.g. Buyer’s requested location for installation of the Equipment has changed); or

10.2.2       Radius installation engineer discovers onerous, unusual or challenging conditions at the installation site that adversely affect the installation of the Equipment; or

10.2.3       Radius cannot install the Equipment in line with the requirements of clause 11.1,then, Radius may, at its own discretion, either: (i) suspend the installation of the Equipment until any necessary Additional Works have been completed by the Buyer; (ii) provide the Buyer with a written quotation for Radius to complete any necessary Additional Works (“Additional Works Quotation”); or (iii) charge an aborted visit fee of one hundred pounds (£100).

10.3 Where Radius has provided and the Buyer has accepted an Additional Works Quotation, Radius will contact the Buyer to request payment of the Additional Works Charge in accordance with clause 3 prior to completion of the Additional Works.

10.4 In the event that the Buyer does not accept the Additional Works Quotation or cancels the installation of the Equipment and/or any Additional Works for any reason, then Radius will not continue with the installation of the Equipment and/or any Additional Works (as may be applicable) and the Buyer shall be entitled to a refund of any payments received by Radius for the Equipment or works not undertaken provided that if the Buyer cancels the installation of the Equipment and/or Additional Works, Radius shall be entitled to deduct from such refund any reasonable costs or expenses that it may incur as a result of such cancellation in addition to the Cancellation Charge under clause 4.3.

11. SMART FUNCTIONALITY AND SMART CHARGING SERVICES

11.1 All of our Smart Units are capable of providing the Smart Charging Service and, when the Buyer orders a Smart Unit, the Buyer shall receive, together with the Smart Unit, access to Radius’ Focus EV online ChargePoint Management System service.

11.2 By using the Smart Charging Services, the Buyer confirms that it understands that:

11.2.1       Electric usage data will be collected from the Smart Unit during any period in which the Buyer has access to the Smart Charging Services;

11.2.2       Electric usage data provided by the Smart Charging Services is provided for information purposes and the Smart Charging Services shall not be considered or used as an electricity meter, unless Business Smart Charging Services have been agreed;

11.2.3       Electric usage data provided by the Smart Charging Services is subject to the performance of the relevant mobile network, mobile e signal and/or the quality of data transmission; and

11.2.4       Radius shall not be held responsible for the delivery or accuracy of any of the electric usage data provided.

11.3 The Buyer acknowledges that a Smart Unit with wifi capabilities is reliant on the quality of the Buyer’s wifi network and signal strength. During the installation of the Smart Unit, Radius shall test the quality of the wifi or data transmission and subsequently inform the Buyer if improvements in wifi or data transmission are required to facilitate the provision of the Smart Charging Services, and if such improvements are required, such improvements shall be the responsibility of the Buyer (which may include purchasing a wifi extender, using an ethernet connection or upgrading mobile connectivity,).

11.4 The Buyer acknowledges that if it does not make the improvements notified to it by Radius under Clause 11.3, or if the Buyer does not have a wifi connection or data transmission at its premises, the Buyer will not have access to the Smart Charging Services, the Smart unit shall have limited functionality as if it were a Basic Unit, and charging history will not be accessible for any periods of lost wifi connectivity or data transmission.

11.5 The Buyer acknowledges that usage of Smart Charging Services and any over-the-air updates to the firmware (including possible mandatory updates in compliance with new regulation that comes in force) will utilise the Buyer’s wifi signal and any data allowance. Any costs incurred with such data usage shall be at the Buyer’s expense.

11.6 Radius Smart Units contain proprietary software that enables remote control of the timing and rate of charge being delivered by the unit to the Buyer’s vehicle battery (“Smart Charging Services”). The unit may send and receive information to and from the cloud-based system of our chosen grid services partner(s) such as: when the vehicle is plugged in, details of the Buyer’s chosen charging schedule (as set using Radius app) and how long the vehicle will take to charge.

11.7 All data or information transmitted by the unit to our chosen grid services partner(s) shall be safeguarded and processed in accordance with the requirements of the Data Protection Act 2018 as set out in our Customer Privacy Notice (which can be found at Privacy Policy – Radius (radiuspaymentsolutions.com)).

11.8 By using the Smart Unit, our grid services partner may:

11.8.1       Access certain data or information generated, collected, processed or stored by the unit; and

11.8.2       Collect and transmit to itself such information about the Buyer, the unit itself and the Buyer’s energy consumption from the unit in order to provide the Smart Charging Services and to optimise the performance of the unit for the Buyer provided that no personal data shall be transmitted unless the Buyer has provided its consent (via the Radius app or otherwise) and in accordance with our Customer Privacy Notice.

11.9 If the Buyer wishes to receive Smart Charging Services, the Buyer will be required to provide its consent via our website or the app to the collection and transmission to our grid services partner of certain data (including personal data) as specified in the relevant section of our Customer Privacy Notice, if consent has not been provided already at the time of contracting. As part of providing the Smart Charging Services, our grid services partner may anonymise the Buyer’s energy consumption data, combine it with consumption data from other customers and may share it with third parties in accordance with our Customer Privacy Notice.

11.10 Radius withholds the right to disable and/or de-commission the Equipment at any time if Radius believes (acting reasonably) that the Buyer has abused or misused the Equipment or any of the electric usage data provided.

Load Limiting

11.11 The Buyer acknowledges that operation of the Smart Unit at its full power is subject to approval from the relevant DNO following its review of the survey in relation to the premises and the installation. Radius reserves the right to remotely reduce the power capability of the Smart Unit until such time that the approval of the DNO is received, at which time Radius shall adjust the power of the Smart Unit to account for such approval.

11.12 The DNO may require additional remedial works to be carried out in relation to the installation of the Smart Unit at the premises as a result of its review, and if this is the case such works will be classified as Additional Works under this Agreement.

Installation of Isolator Switch

11.13 As a result of the site survey carried out as outlined in clause 10.2, Radius may determine that certain Additional Works may be necessary to make the Buyer’s home suitable for the Equipment in line with current electrical regulations. This may include the installation of a 100 amp double pole isolator switch.

11.14 The installation of such isolator switch must be carried out by a suitably qualified electrician provided either by the Buyer’s Energy Provider or Distributed Network Operator and such installation shall constitute Additional Works under this Agreement.

12. LIABILITY

12.1 All implied terms, conditions, representations or warranties as to the correspondence of the Equipment to any description or the satisfactory quality of the Equipment or the fitness of the Equipment for any purpose whatsoever (whether made by Radius or not) are, to fullest extent permitted by law, hereby excluded from the sale of the Equipment to the Buyer under these Terms and Conditions.

12.2 The Buyer shall indemnify Radius and/or any of Radius contractors, servants, employees and agents against any claim, loss or damage (including indirect and consequential losses), injury, fine or penalty suffered as a result of any act, omission or breach of these Terms and Conditions including the use of the Equipment that is not in accordance with the User Guide or any interference, opening up, tampering, modification of the Equipment or any omissions of details relevant to the installation of the Equipment, in each case, by the Buyer or persons for whom the Buyer is responsible.

13. LIMITATION OF LIABILITY

13.1 Nothing in the Terms and Conditions limits any liability of either party which cannot legally be limited, including but not limited to liability for:

13.1.1       Death or personal injury caused by negligence;

13.1.2       Fraud or fraudulent misrepresentation; and

13.1.3       Breach of the terms implied by section 12 of the Sale of Equipment Act 1979 or section 2 of the Supply of Equipment and Services Act 1982 (title and quiet possession).

13.2 Subject to clause 13.1, Radius’ total liability to the Buyer shall not exceed the price paid for the Equipment. Radius total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the sale of the Equipment.

13.3 To the extent permitted by applicable law and save as provided by clause 13.1, neither party shall be liable to the other with respect to the following types of loss:

13.3.1 Loss of profits;

13.3.2 Loss of sales or business;

13.3.3 Loss of agreements or contracts;

13.3.4 Loss of anticipated savings;

13.3.5 Loss of use or corruption of software, data or information;

13.3.6 Loss of or damage to goodwill; or

13.3.7 Indirect or consequential loss.

14. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Radius, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest and remain vested in Radius by the execution of appropriate instruments or the making of agreements with third parties.

15. FORCE MAJEURE

Radius shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, epidemic or pandemic, fire, breakdown of plant or machinery or shortage or unavailability of raw materials or components, and Radius shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Radius considers unreasonable, it may, without liability on its part, terminate the contract with the Buyer.

16. ASSIGNMENT AND SUB-CONTRACTING

The contract between the Buyer and Radius for the sale of Equipment shall not be assigned or transferred, nor the performance of any obligation sub-contracted by the Buyer without the prior written consent of Radius.

17. MAKING CHANGES TO THE CONTRACT

The Supplier shall be entitled to amend the Terms by publication on the Websites, which amendments shall come into force on the date that the Customer is notified thereof and apply to all Contracts whether entered into before or after that date.

18. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

19. SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

20. PERSONAL INFORMATION AND USAGE DATA

20.1 Radius undertakes that personal information of the Buyer will be safeguarded and processed in accordance with the requirements of the UK Data Protection Legislation as set out in our Customer Privacy Notice (which can be found here).

20.2 The Buyer gives its permission for OZEV as constituted by the government of the United Kingdom, as well as other government departments, public bodies, utilities, licensed energy suppliers and Radius to use the Buyer’s electric usage data from the Equipment (in an anonymised form) to inform future strategy and policy development.

21. GOVERNING LAW

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.

22. JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.