1. GENERAL

The Marlborough Lines Limited (MLL) Park Terrace EV Charge Hub has three Alpitronic DC fast EV chargers. These are owned and operated by MLL. Tesla also own and operate a separate Tesla SuperCharger at the Charge Hub, separate terms and conditions set by Tesla will apply to usage of their EV chargers. The following terms and conditions of usage shall apply for usage of the MLL EV Chargers.

1. By using an MLL EV Charger, you agree to be bound by these terms and conditions and you also bind the owner of the EV which you are driving and warrant your authority to do so. If you do not agree to be bound by these terms and conditions, you must not use any MLL EV Charger.

2. Payment for use of the MLL EV Chargers shall be through ChargeNet Limited’s Payment Platform (smart device application).

3. The MLL EV Chargers are available for use by all electric vehicle users who have a valid charging account with ChargeNet’s Payment Platform.

4. Charging rates are set on the MLL EV Chargers and may vary from time to time.

5. Vehicles may only use the carpark for charging their electric vehicle with an MLL EV Charger. A two-hour time limit for parking applies.

6. MLL EV Charger users are asked to report any damage to any MLL EV Charger (or the Park Terrace EV Charge Hub) to MLL.

In these terms and conditions:

•  “EV” means an electric vehicle.

• “MLL EV Charger” means any MLL branded EV Charger used for the charging of an EV.  

• “Park Terrace EV Charge Hub” means the EV charging car parks located at Park Terrace, Blenheim, where the MLL EV Chargers are located.

• “we” "us" or “MLL” means Marlborough Lines Limited.

• “you” means the person using the MLL EV Chargers including parking at the MLL EV Charging Hub.

2. OUR SERVICES

We may, from time to time, make available MLL EV Chargers for use by you to charge your EV.  However, we reserve the right, at our absolute discretion and at any time, to refuse or suspend access to any or all MLL EV Charger to any person (including but not limited to any person found to be in breach of these terms and conditions).

We do not guarantee, and are under no obligation to ensure, the availability, compatibility with your EV, or performance of MLL EV Chargers, nor do we promise to provide an uninterrupted electricity supply to MLL EV Chargers.

We warrant to you that each MLL EV Charger complies with all mandatory statutory or other industry safety standards applicable to the operation of EV charging stations.

We aim (but owe you no obligation) to keep MLL EV Chargers free from any faults, errors or defects.  If there are any faults or you have any issues with any MLL EV Chargers, please contact us as soon as reasonably possible.  You can call our Customer Services team at 03 577 7007 or email us at info@mll.co.nz

3. YOUR USAGE

Your use of an MLL EV Charger must be fair, reasonable and not excessive.  If we consider, in our absolute discretion, your usage to be unfair, unreasonable or excessive, without limiting clause 2 above, we may immediately suspend, modify or restrict your access to any or all MLL EV Chargers.

You agree not to use, or attempt to use, MLL EV Chargers for any purpose other than to charge your EV, and then only to the extent that your EV is compatible with MLL EV Chargers.

If the MLL EV Chargers are used by you for the purposes of a business, you agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply.

4. YOUR PROMISES TO US

When using the MLL EV Chargers, you agree to comply with your obligations under the Health and Safety at Work Act 2015 and associated regulations. In particular, you agree to:

1. take reasonable care for your own health and safety.

2. take reasonable care that your acts or omissions do not adversely affect the health and safety of others; and

3. comply, as far as you are reasonably able to, with any reasonable instruction that is given by MLL. This means complying with the relevant EV manufacturer’s handbook and any instructions for use set out at the MLL EV Chargers (which may be amended by MLL from time to time).

You warrant to us that your EV has a current warrant of fitness and registration, that you have read the relevant manufacturer’s EV handbook, and that the EV does not present any danger or risk to other vehicles or persons or MLL EV Chargers.

Where you are not the owner of the EV accessing the MLL EV Chargers, you warrant that you are authorised by the owner of that EV to use the MLL EV Charging Stations and that you have authority to bind the owner to these terms and conditions.

You acknowledge that we are not supervising your use of the MLL EV Chargers and that you are undertaking such use at your own risk.

5. LIABILITY

Subject to clause 3, nothing in these terms and conditions shall affect or limit any rights that you may have under the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986.

MLL will not be liable to you for any damage of any kind to your EV whatsoever, arising from a failure by you to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with MLL’s instructions for use. To the maximum extent permitted by law, and subject to this clause 5, you agree to hold MLL harmless against any liability, claims, proceedings, costs, expenses and damages which MLL may suffer or incur as a result of a failure by you to comply with one or more of the following: the EV manufacturer’s handbook, MLL’s instructions for use, or your obligations under the Health and Safety at Work Act 2015 or associated regulations.

MLL will not be liable to you for any loss or damage to you or your EV unless, and to the extent that, such loss or damage is directly caused by (i) the negligence of MLL; or (ii) the willful breach by MLL of any of its obligations under these terms and conditions, provided that such loss or damage is reasonably foreseeable and is not caused by something beyond MLL’s control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event or any breach by you of these terms and conditions).

Where MLL is liable, MLL’s maximum liability to you for any single event or series of related events is limited to $10,000.

To the maximum extent permitted by law, MLL will not be liable to you for any other loss or damage arising (whether direct or indirect, special or consequential, pecuniary or non-pecuniary, and whether arising in tort (including negligence) or contract or otherwise) as a result of, or in connection with, your use of an MLL EV Charger.

6. JURISDICTION

These terms and conditions are governed by, and are to be construed in accordance with, New Zealand law and you and we submit to the exclusive jurisdiction of the New Zealand courts to resolve any disputes arising under or in relation to these terms and conditions or your use of any MLL EV Charger.

7. PRIVACY

In using the MLL EV Charger, you may provide certain personal information to MLL and you agree that any information collected by MLL may be accessed or collected for use by MLL or any of its related companies in the course of its business (including direct marketing activities), in accordance with MLL’s privacy statement (available on MLL’s website)  and subject to change from time to time in accordance with its terms).

We acknowledge that you have the right under the Privacy Act 1993 to have access to personal information held by MLL about you and to request correction of that personal information.

8. CHANGE OF TERMS AND CONDITIONS

MLL may change these terms and conditions from time to time.  Each time you use an MLL EV Charger you agree to be bound by the then current terms and conditions, as published on MLL’s website.