VOLTA AUTOMOTIVE
TERMS AND CONDITIONS
‍

These are the terms and conditions (Terms) of Volta Automotive Limited, a company registered in Scotland under company number SC857073 with its registered office at 15 Tollbraes Road, Bathgate, Scotland, EH48 2SH (we, us or our) that govern our supply of Aviloo Flash Tests and Aviloo Premium Tests to consumers (you or your).

Interpretation
1.1
In these Terms, the following definitions shall apply to the defined words and expressions, unless the context requires otherwise:
Additional Tests: Any Tests carried out in excess of the Included Tests.
Appointment Window: The agreed date and time (or time window) for an on-site visit, installation of a Device, or collection of a Device, as confirmed in theBooking Confirmation.
Business Day: Any day other than aSaturday, Sunday or public holiday in Scotland, on which banks in Scotland areopen for business.
Booking: The booking request you submit to us for the Services.
Booking Confirmation: Our written acceptance of your Booking, confirming the scope of Services, the number of Included Tests, any Hire Deposit, any collection/return obligations and the Price.
Commencement Date: Has the meaning given to it in clause 2.3.
Confidential Information: Any non-public information disclosed by us to you in connection with the Contract, including without limitation, technical data, specifications, pricing, customer details, business processes, software, and any other information that is marked or reasonably understood to be confidential.
Contract: These Terms, together with the Booking and Booking Confirmation.
Device: An Aviloo testing device or similar diagnostic unit supplied by us for use during aTest, whether used on-site or provided to you on a temporary hire basis.
Device Hire Period: The agreed period during which you arepermitted to hold and use the Device, as set out in the Booking Confirmation.
Hire Deposit: Has the meaning given to it in clause 6.2.
Included Tests: The number of Tests included in the Price stated in theBooking Confirmation.
Non-Return Charge: The non-return fee stated in the Booking Confirmation which becomes payable if a Device is not returned within the required return window.
Price: The total amount(exclusive of VAT unless stated otherwise) that you must pay for the Services, theHire Deposit (if any), any Additional Tests and any Non-Return Charge, as setout in the Booking Confirmation or invoice.
Report: The battery health assessment, certificate, data output or written/electronic result generated from a Test.
Services: the provision of Tests, any associated on-site attendance, identity/address verification where required, Device hire and logistics, data collection, data analysis, Reports and certificates, and any related customer support.
Tests: the battery diagnostic tests we provide using Aviloo technology, being:
(a)
Aviloo Flash Tests: Which assess the condition and performance of a vehicle’s high-voltage batteryusing a connected Device, and
(b)
Aviloo Premium Tests, which involve extended data capture, identity/address verification (where required), shipping or on-site use of a Device, detailed data analysis and production of a certificate.
Each Test produces aReport reflecting the condition of the vehicle at the time the Test is carried out.
1.2
You acknowledge that you are buying as a consumer and not in the course of business. You should read these Terms carefully and check that the information in the Booking is correct. Any variation must be expressly agreed in writing by us.
1.3
Each party confirms that, in entering into the Contract, it has not relied on any statement, promise, representation or assurance that is not expressly set out in these Terms or the Booking Confirmation.
1.4
Nothing in these Terms affects your statutory rights.
Basis of Contract and Scope
2.1
By submitting a Booking or paying for the Services, you agree to be bound by these Terms in their entirety.
2.2
The Booking constitutes an offer by you to purchase the Services in accordance with these Terms. We may accept or decline the Booking at our sole discretion.
2.3
The Contract comes into force on issue of the Booking Confirmation (the Commencement Date) If payment is required in advance, the Contract is conditional upon receipt of cleared funds by the date specified in the Booking Confirmation.
2.4
Any descriptive matter or advertising issued by us (including website content, brochures and other marketing materials) is for the sole purpose of giving an approximate idea of the Services. It does not form part of the Contract unless expressly incorporated in writing.
2.5
These Terms prevail over any terms or conditions that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6
If you purchase at a distance (for example, online or by phone), your rights to cancel are set out in clause 8 in accordance with the Consumer Contracts (Information, Cancellation andAdditional Charges) Regulations 2013.
2.7
Nothing in these Terms obliges us to accept aBooking; acceptance is always subject to availability, technical feasibilityand written confirmation.
2.8
Where the Services involve the use of Aviloo technology, you acknowledge that Aviloo GmbH acts as a separate controller for its own data processing and is not a party to the Contract.
Booking, Confirmation and Payment
3.1
Payment must be made in accordance with the BookingConfirmation. Unless stated otherwise in the Booking Confirmation, payment is due at the time of booking or, where a Hire Deposit applies, before dispatch of any Device.
3.2
Prices are in GBP and exclusive of VAT unless stated otherwise.
3.3
If you fail to pay any amount when due, we may:
(a)
suspend or withhold the Services;
(b)
retain or delay issue of any Reports; and
(c)
all necessary permissions or authorisations have been obtained for us to perform the Tests.
3.4
Interest will accrue on all overdue amounts from the due date until payment in full (both before and after judgment) at a rate of 3% per annum above the Bank of England base rate (or at a rate of 3%for any period where the said base rate falls below 0%).
3.5
We may issue invoices periodically (for example, monthly) where Services are provided on an ongoing basis or acrossmultiple bookings.
3.6
Unless otherwise agreed in writing, all payments must be made by card payment or bank transfer to the account specified in the Booking Confirmation.
Services
4.1
We will provide the Services described in theBooking Confirmation with reasonable care and skill and in accordance with these Terms.
4.2
You must ensure that:
(a)
all information you provide to us is complete and accurate;
(b)
the vehicle is available, roadworthy and suitably charged for testing; and
(c)
all necessary permissions or authorisations have been obtained for us to perform the Tests.
4.3
Any time estimates for delivery or completion of the Services are indicative only and time shall not be of the essence unless expressly agreed in writing.
4.4
If you request any variation or additional work not included in the Booking Confirmation (including Additional Tests, bespoke work or additional analysis) we may charge for such work at our then-current rates.
4.5
Where you ask us to begin Services within the14-day cancellation period (see clause 8), you acknowledge that you will lose your right to cancel once the Services are fully performed. If you cancel after we have started but before completion, you must pay for the Services supplied up to the time you tell us you have changed your mind.
4.6
Reports are generated from data recorded during the Tests and reflect the condition of the vehicle at the time of testing. They are provided for information purposes only and are not a guarantee of future performance. We accept no liability for any decisions or losses arising from reliance on a Report. Nothing in this clause limits your statutory rights in relation to the Services supplied with reasonable care and skill.
4.7
We may subcontract aspects of the Services(including data processing) to Aviloo GmbH or authorised partners, but we remain responsible to you for overall delivery under the Contract.
4.8
If an in-person appointment is booked, anon-refundable deposit of £25 is payable to secure the appointment, unless otherwise agreed in writing. This amount will be deducted from the total Price when the Services are completed. We will only retain or deduct charges that are a genuine reflection of our costs incurred due to cancellation or rescheduling (see clause 8).
On-site Visits
5.1
Where the Services involve attendance at your premises or another agreed location, you must ensure that the site is safe, accessible and suitable for carrying out the Tests.
5.2
You are responsible for obtaining any necessary consents, permits, or access permissions required for us (or our contractors) to perform the Services, including permission from the vehicle owner or occupier of the premises where applicable.
5.3
We will agree an Appointment Window for any on-site visit, installation or collection. We will use reasonable endeavours to attend within that Appointment Window, but time is not of the essence.
5.4
If we are unable to attend within the agreedAppointment Window due to circumstances beyond our reasonable control(including weather, traffic conditions, equipment failure or safety concerns at the site), we will notify you promptly and arrange an alternative appointment.
5.5
If our representative arrives and is unable to carry out the Services because the vehicle or site is unavailable, unsafe or unsuitable, or because you or your representative fail to attend, we may:
(a)
treat the visit as completed for billing purposes; and
(b)
charge a call-out or rescheduling fee at our then-current rates.
5.6
You must ensure that the vehicle is presented in a condition suitable for testing, including adequate battery charge, secure parking, and compliance with relevant safety and environmental standards.
5.7
Where the Tests require the vehicle to be operated or driven during data capture, you remain responsible for its insurance, roadworthiness and compliance with traffic laws at all times.
Device Hire
6.1
The Device remains our property at all times.Nothing in these Terms transfers ownership of the Device to you or any third party.
6.2
Where a Device is provided on hire, we require a hire deposit equal to the full cost of hire and shipping, as set out in the Booking Confirmation (Hire Deposit). The Hire Deposit must be paid in full in cleared funds prior to dispatch of the Device.
6.3
You may hold and use the Device only for the Device Hire Period stated in the BookingConfirmation. Youmust return the Device to us in a clean,
(a)
by the end of the Device Hire Period; or
(b)
within any return window specified in the BookingConfirmation.
The Device will be treated as returned on the date it is handed to the approved courier or postal operator for return, provided that a valid proof of dispatch or tracking reference is obtained. You must use the packaging, courier label and service level we specify to ensure secure and traceable transit. If you exercise your right to cancel under clause 8 after a Device has been dispatched, you must take reasonable care of the Device and return it to us promptly; we may deduct any reduction in value resulting from unnecessary handling, as permitted by law.
6.4
If the Device is not returned within 12 days of you receiving it, you will be charged the Non-Return Charge stated in theBooking Confirmation. The Non-Return Charge is payable in addition to any sums due for repair, replacement or shipping. If the Device is lost, stolen, or otherwise not recoverable, we reserve the right to charge the full replacement cost if that exceeds the Non-Return Charge.
6.5
You are responsible for loss, theft or damage of the Device while it is in your possession or control, including during any onward transit arranged by you. You must notify us immediately in writing if the Device is lost, stolen or damaged. We may deduct the cost of repair or replacement (less any retained Hire Deposit) from your Hire Deposit or issue an invoice payable on demand.
6.6
You must not:
(a)
open, alter, tamper with, disassemble or attempt to repair the Device;
(b)
copy, reverse-engineer or attempt to access any software or data on the Device; or
(c)
allow anyone other than your authorised personnel to use the Device.
6.7
If the Device is returned at the end of theDevice Hire Period but before the 12-day non-return threshold, we may apply a daily late return fee at the rate set out in the Booking Confirmation.
6.8
On return of the Device, we will inspect it for damage, tampering, or excessive wear. Subject to deduction of any applicable fees or charges, the refundable portion of the Hire Deposit (if any)will be returned within 14 days of inspection to the same payment method, unless otherwise agreed in writing.
6.9
You must take reasonable care of the Device while it is in your possession, including keeping it secure, dry, and protected from damage. We recommend that you maintain adequate insurance to cover the Device against loss, theft or accidental damage during the Device Hire Period.
Reports and Limitations
7.1
Each Report is generated from the data recorded during a Test and is prepared in accordance with the methodologies and parameters used by the Aviloo testing system at the time of analysis.
7.2
Reports represent the condition of the vehicle’s high-voltage battery at the specific time the Test is conducted. TheReport does not predict future performance, lifespan, or degradation of the battery.
7.3
Reports are provided for information purposes only and are intended solely for your internal business use. They are not a warranty, guarantee, or assurance of the vehicle’s future condition, nor are they intended to replace professional advice, inspection or maintenance. We shall have no liability for any commercial, operational or financial decisions made by you or any third party based on the contents of a Report.
7.4
While we use reasonable care and skill in performing the Services and preparing each Report, the accuracy of the data depends on factors outside our control, including the vehicle’s condition, environmental factors, connectivity and your adherence to instructions. We do not warrant that a Report will be error-free or suitable for any particular transaction, resale, warranty or certification purpose unless expressly agreed in writing. This clause 7 does not limit or exclude your statutory rights regarding Services supplied with reasonable care and skill.
7.5
The ownership and permitted use of all intellectual property rights in the Reports, Devices, software and other materials are governed by clause 10. You must not reproduce, distribute, publish or adapt any Report, or permit any third party to do so, except as expressly permitted under that clause.
7.6
Reports are prepared exclusively for you as identified in the Booking Confirmation. No other person or organisation is entitled to rely on the contents of a Report unless we expressly agree in writing.
Cancellation, Rescheduling and No-shows
8.1
If you bought at a distance (for example, online or by phone), you have 14 days after the day we confirm your Booking to change your mind and cancel the Contract under the Consumer ContractsRegulations 2013.
8.2
If you ask us to start the Services during the 14-day period, you agree that you will lose your right to cancel once theServices are fully performed. If you cancel after we have started but before completion, you must pay us for the Services provided up to the time you tell us you have changed your mind.
8.3
For Device hire, if you cancel within the14-day period after the Device has been dispatched, you must return the Device without undue delay and not later than 14 days after the day you cancel. You are responsible for the cost of return unless we agree otherwise. We may make deductions for any loss in value if you have handled the Device beyond what is necessary to establish its nature, characteristics and functioning.
8.4
Outside the statutory 14-day cooling-off period (or where it does not apply, for example, for on-premises bookings), our commercial cancellation terms apply:
(a)
If you cancel a booking more than 48 hours before the Appointment Window, any prepayments will be refunded less any non-refundable deposit reflecting our reasonable administrative costs.
(b)
If you cancel a booking within 48 hours of the Appointment Window, the deposit paid will be forfeited. For in-person services, this means the standard £25 non-refundable deposit described in clause 4.8, and for Device hire, this means the Hire Deposit described in clause 6.2 will be retained if cancellation is within 48 hours of scheduled dispatch or start of the Device Hire Period. We may also retain or recover reasonable additional sums for costs already incurred, such as shipping or administration.
(c)
If you cancel a booking less than 24 hours before the Appointment Window, or fail to attend or make the Device available for collection as agreed, we may charge the full Price.
8.5
If we cancel a booking for any reason other than for a Force Majeure Event, we will offer a full refund or reschedule theServices. We will not be liable for any indirect or consequential losses arising from such cancellation.
8.6
We will use reasonable endeavours to accommodate rescheduling requests subject to availability, and rescheduling may incur an administrative fee as set out in the Booking Confirmation or otherwise notified to you.
8.7
Refunds will be made as soon as possible and, where you exercise your statutory right to cancel, within 14 days of (a) our confirmation of cancellation for Services not started, or (b) receipt of any returned Device (or evidence of posting), whichever is earlier.
8.8
All refunds will be processed using the same payment method originally used for payment, unless otherwise agreed in writing.
Data Protection
We comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulation (EU (2016/679)) and theData Protection Act 2018. We will only use your personal data as set out in our privacy and cookie policy, available on our website.
Intellectual Property
10.1
All intellectual property rights in Devices, software, Reports and related materials (including layouts, documentation, and data outputs) remain our property or the property of our licensors.
10.2
We grant you a non-exclusive, non-transferable licence to use Reports for internal business purposes only.
10.3
Any further use, publication or commercial exploitation requires our prior written consent.
10.4
Nothing in these Terms transfers ownership of any intellectual property rights to you.
Confidentiality
11.1
You shall, for the term of theContract indefinitely thereafter:
(a)
keep the ConfidentialInformation secret and use it solely for performing your obligations or exercising your rights under the Contract;
(b)
disclose it only to your employees, officers or professional advisers who have a strict need to know for that purpose and who are bound by confidentiality obligations no less protective than this clause; and
(c)
apply at least the same degree of care to the Confidential Information as you apply to your own information of a similar nature (but never less than reasonable care).
11.2
The obligations in this clause do not apply to information that you can demonstrate:
(a)
is or becomes public through no fault of yours;
(b)
was lawfully in your possession before we disclosed it;
(c)
is lawfully disclosed to you by a third party without breach of any confidentiality duty; or
(d)
is independently developed by you without reference to the Confidential Information.
11.3
On our written request, you shall promptly return or securely destroy all documents and materials containing Confidential Information, save that you may keep one copy for legitimate regulatory, insurance or record-keeping purposes only.
11.4
This clause 11 survives expiry or termination of the Contract.
Liability and Indemnity
12.1
Nothing in the Contract shall limit or exclude either party’s liability for death or personal injury caused by its negligence or that of its employees or agents, for fraud or fraudulent misrepresentation, for the wilful misconduct or deliberate default of either party or that of its employees or agents, for breach of your statutory rights under the Consumer Rights Act 2015, or any other form of liability which cannot be limited or excluded by law.
12.2
Subject to clause 12.1 and to any other provision to the contrary in the Contract, neither party shall be liable for any loss suffered by the other, whether suffered directly or indirectly, or whether immediate or consequential, arising in contract, tort (including negligence), breach of statutory duty, or otherwise, which falls within any of the following categories:
(a)
loss of profits;
(b)
loss of sales or business;
(c)
loss of business opportunity;
(d)
loss of agreements or contracts;
(e)
loss of anticipated savings;
(f)
loss or corruption of data;
(g)
loss of, or damage to, goodwill;
(h)
indirect or consequential loss; or
(i)
special damages, even in the event that the relevant party was aware of circumstances in which the same could arise.
12.3
Nothing in this clause 12 shall exclude claims for direct financial loss that are not expressly excluded by clauses 12.2(a)to 12.2(i).
12.4
Subject to clause 12.1, our total liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a sum equal to the Price.
12.5
You shall fully indemnify and hold us harmless from and against all third-party claims, losses, liabilities, damages, costs and expenses (including legal fees on a full indemnity basis) arising out of or in connection with your breach of these Terms, your negligent acts or omissions, or your use or misuse of the Device, including any damage to property or injury to persons resulting from such use.
Termination
13.1
We may terminate the Contract, in whole or inpart, with immediate effect by written notice to you if:
(a)
you fail to pay any amount due under theContract within 14 days after receiving a written payment demand;
(b)
you commit a material breach of the Contract which is incapable of remedy, or, if capable of remedy, you fail to remedy the breach within 14 days after receiving written notice to do so;
(c)
you become insolvent, enter liquidation, have a receiver or administrator appointed, propose any voluntary arrangement with creditors, or any analogous event occurs in any jurisdiction;
(d)
you suffer a change of control (as defined in section 1124 of the Corporation Tax Act 2010) that, in our reasonable opinion, is likely to prejudice our interests; or
(e)
a Force Majeure Event prevents performance of the Contract for more than 60 consecutive days.
13.2
You may terminate the Contract by written notice if we commit a material breach that is incapable of remedy, or, if capable of remedy, is not remedied within 30 days after you give written notice specifying the breach and requiring its remedy.
13.3
On expiry or termination of the Contract for any reason:
(a)
all amounts properly invoiced by us become immediately due and payable;
(b)
we may invoice for any Services performed orDevices dispatched but not yet invoiced (including work-in-progress, shipping or collection costs, and any related fees);
(c)
you must immediately return any of our property, including any Device in your possession, in accordance with the return process set out in the Contract, and you will remain liable for any HireDeposit deductions, Non-Return Charge, or damage costs that apply;
(d)
you must, on request, return or destroy our Confidential Information in accordance with clause 11.3; and
(e)
clauses which by their nature are intended to survive termination or expiry (including confidentiality, intellectual property, limitation of liability, title to Devices, and governing law) shall continue in full force.
13.4
Termination or expiry of the Contract does not affect any rights, remedies, obligations or liabilities of either party that have accrued up to the date of termination.
13.5
If we end the Contract for your breach and you have paid in advance for Services we have not provided, we will refund any sums paid for Services not provided, less any reasonable costs we incur as are sult of your breach.
Force Majeure
14.1
We will not be liable for the consequences of any events that are outside of our reasonable control (F) and wch includes, but is not limited to:
(a)
civil commotion, civil war, riot, invasion, armed conflict, terrorist attack or threat of terrorist attack, war or threat or preparation for war;
(b)
acts of God, collapse of buildings, fire, explosion, inclement;
(c)
weather, storm, flood, subsidence, drought, epidemic or natural disaster;
(d)
impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e)
impossibility of use of public or private utility networks or telecommunications;
(f)
the acts, decrees, legislation, regulations or restrictions of any government, whether national or local; or
(g)
strikes or labour unrest (other than in relation to our own employees).
14.2
The obligations of the parties under theContract are suspended for the period for which such a specified eventcontinues, and extended for the duration of that period.
General
15.1
Assignation and Subcontracting: You may not assign or transfer the benefit or burden of the Contract without our prior written consent. We may assign or subcontract the provision of Services to competent third parties, provided that we remain responsible for the performance of the subcontractor.
15.2
Third Party Rights: No third party has any right to enforce these Terms under the Contract (Third Party Rights) (Scotland)Act 2017, except where expressly stated.
15.3
Notices: All notices under this Contract shall be in writing and served by email. We will use the email address stated in the Booking Confirmation, and you can contact us at kevin.mckay@volta-automotive.co.uk. Delivery by email will be regarded as completed at the time of transmission. This arrangement does not apply to the service of any documents in legal proceedings, which cannot be validly served by email.
15.4
Variation: No variation of these Terms shall be effective unless agreed in writing and signed by our authorised representative.
15.5
Entire Agreement: This Contract and the documents referred to in it constitute the entire agreement between the parties and supersede any previous agreements between the parties relating to the subject matter of this Contract. All terms and conditions proposed by you, the customer, are hereby excluded.
15.6
No Waiver: The failure by any party to exercise, or the delay by any party in exercising, any right, power, privilege or remedy provided by this Contract or by law will not constitute a waiver thereof nor of any other right, power, privilege or remedy. No single or partial exercise of any such right, power, privilege or remedy will preclude any further exercise thereof or the exercise of any other right, power, privilege or remedy.
15.7
Severability: If any provision of this Contract will be held invalid or unenforceable, it will be deemed to be severable, and the remainder of this Contract will remain valid and enforce able to the fullest extent permitted by law. In any such case, the parties will negotiate in good faith with a view to agreeing one or more provisions which may be substituted for such invalid or unenforceable provision in order to give effect, so far as practicable, to the spirit of this Contract.
Governing Law and Jurisdiction
16.1
These Terms and any Contract between the parties are governed by Scots law.
16.2
The parties submit to the exclusive jurisdiction of the Scottish courts in relation to any dispute arising out of or in connection with these Terms, subject always to our right to seek injunctive or other equitable relief in any jurisdiction.
Contact Details
Company:
Volta Automotive Limited
Contact:
Kevin Mckay
Email:
kevin.mckay@volta-automotive.co.uk
Phone:
07701 260120
Registered Address:
15 Tollbraes Road, Bathgate, West Lothian, EH48 2SH, Scotland
Company Registration Number:
SC857073