Wholesale Terms

These Wholesale Supply Terms (Terms) apply to all wholesale supplies of goods and related services by Infinity EV Pty Ltd (we, us, Infinity EV) to a business customer (you, the Buyer). By placing an order, accepting a quote, paying for goods, or taking delivery, you agree to these Terms. They apply to the exclusion of any terms you put forward, unless we agree otherwise in writing.

1.  Who these Terms apply to
These Terms apply only to wholesale supply to businesses for resale, installation, or use in the ordinary course of the Buyer’s trade. They are not consumer terms and they do not apply to purchases made through our online store at the published retail or website price. If the Australian Consumer Law (ACL) applies to a particular supply, nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded.

2.  Wholesale pricing is not available online
Special wholesale pricing is not offered through the online store. Website prices are not wholesale prices. To request wholesale pricing or any special terms, contact us directly at info@infinityev.com.au. We may ask for your business details (including ABN), intended use or resale channel, and expected volumes before issuing a quote.
A wholesale price applies only to the goods and quantities stated on our written quote or order confirmation. It does not create an ongoing price list, exclusive appointment, or right to future supply at the same price.

3.  Quotes and orders
Quotes are invitations to treat only and lapse 14 days after issue unless a different validity period is stated. An order is accepted only when we confirm it in writing (including by email or invoice) and cleared payment has been received. We may decline an order, or accept it in part, without giving reasons. Minimum order quantities, lead times and freight arrangements will be as stated on the quote or order confirmation.
You are responsible for checking that the goods, specifications, quantities, voltages, connectors and accessories in the order are correct for the intended site and use before you confirm and pay.

4.  Price and GST
Prices are in Australian dollars and exclusive of GST unless we say otherwise in writing. GST is payable in addition at the rate applying on the tax invoice date. We will issue a valid tax invoice. Prices exclude freight, insurance, duties, craneage, electrical works and installation unless expressly included. We may correct obvious pricing errors. Wholesale prices may change without notice for future orders; a confirmed and paid order keeps the confirmed price.

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5.  Payment — no credit
We do not provide credit. All goods must be paid for in full at the time of purchase. We will not reserve, assemble, or dispatch an order until cleared funds have been received in full.
Payment is by the method stated on the invoice or quote (typically electronic transfer to our nominated Australian bank account). A payment is received only when the funds are cleared in our account. Card or gateway fees, if any, are payable by you unless we agree otherwise in writing.
If a payment is reversed, charged back or otherwise fails after dispatch, the unpaid amount is immediately due and we may recover the goods or the amount outstanding, together with our reasonable recovery costs.

6.  Delivery
Delivery dates are estimates only and run from cleared payment, not from the date of enquiry. We are not liable for delay caused by manufacturers, freight providers, customs, force majeure or matters outside our reasonable control. Delivery occurs when the goods are made available to you or your carrier at our nominated point, or when delivered to the address on the order confirmation, whichever we agree.
You must provide safe and reasonable access for delivery. If you fail to take delivery when ready, we may store the goods at your risk and charge reasonable storage and redelivery costs. Shortages or visible transit damage must be noted on the carrier consignment and notified to us in writing within 3 business days of delivery.

7.  Title and risk
Risk in the goods passes to you on delivery (or on collection by your carrier). Title passes when we have received cleared payment in full for those goods. If payment is later reversed or remains unpaid, title remains with us or reverts to us and we may recover the goods.
Until title has passed, or if title reverts, you hold the goods as our bailee, must store them separately and identifiable as our property, must keep them insured for full replacement value, and must not pledge or encumber them. These rights are in addition to any security interest we may register on the Personal Property Securities Register. You waive the right to receive any notice under the PPSA that can be waived, including verification statements.

8.  Inspection, defects and returns
You must inspect goods on delivery. Claims for shortage, wrong product or visible damage must be made in writing within 3 business days. Latent defects must be notified promptly after discovery and in any event within the applicable warranty period.
Returns of unused, unopened, current-range stock may be accepted at our discretion within 14 days of delivery, subject to a restocking fee of 15% of the net invoice value plus return freight. Special-order, configured, opened, installed or discontinued items are not returnable except where the ACL requires. Goods must be returned in original packaging, freight prepaid, with our prior written return authorisation.

9.  Warranty
Hardware is supplied with the manufacturer’s warranty current at the date of supply. Warranty periods and processes differ by brand and will be stated on the quote, packing list or manufacturer documentation. Warranty generally requires installation by a licensed electrician in accordance with AS/NZS 3000, the manufacturer’s instructions, and any applicable state rules, and does not cover fair wear, misuse, unauthorised modification, incorrect installation, or damage from power quality, water ingress, vandalism or force majeure.
Our liability for goods that fail to meet an express warranty or a non-excludable ACL guarantee is limited, to the extent permitted by law, to repair, replacement, or refund of the price paid for the affected goods, at our election. Software, cloud platforms (including Pulsepoint) and related services are supplied under their own licence or subscription terms if issued separately.

10.  Installation and use
Unless a separate written installation contract says otherwise, we supply goods only. Installation, commissioning, electrical design, switchboard works, permits and ongoing compliance are your responsibility (or that of your licensed contractor). All fixed EV charging equipment must be installed by a licensed electrician. Product documentation is supplied for reference only and does not constitute site-specific design advice.
You must not represent that Infinity EV has designed, certified or approved a particular installation unless we have done so in writing. You must pass manufacturer safety notices and installation requirements to the end installer and end user.

11.  Liability
To the maximum extent permitted by law, we are not liable for consequential, indirect, special or incidental loss, including loss of profit, revenue, data, goodwill, business opportunity, or costs of substitute goods or downtime. Our aggregate liability arising out of or in connection with any order is limited to the amount you paid us for the goods giving rise to the claim.
Nothing in these Terms limits liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot be limited by law. Each party must take reasonable steps to mitigate loss.

12.  Intellectual property and branding
All intellectual property in our catalogues, quotes, software, Pulsepoint platform, documentation and marks remains ours or our licensors’. You may use product images and brand names only to sell genuine goods we supplied, in a professional manner that does not mislead as to origin, approval or partnership. You must not alter firmware, remove serial numbers or compliance marks, or use our name in a way that suggests you are an authorised agent unless we appoint you in writing.

13.  Confidentiality
Wholesale pricing, quotes, and non-public product or roadmap information we share with you is confidential. You must not disclose it except to personnel who need it to perform the supply relationship, or as required by law. You must not publish wholesale prices on a website, marketplace listing, or to a third party without our written consent. This obligation survives termination.

14.  Compliance
Each party must comply with applicable Australian law, including the ACL, electrical product rules, privacy law and anti-bribery law. Goods are intended for use in Australia unless we agree an export sale in writing. You are responsible for any resale into markets that require different certifications.

15.  Cancellation
You may cancel an unpaid enquiry at any time. After payment, cancellation is at our discretion and may be refused for goods already ordered in, configured, or in transit. If we agree to cancel a paid order, we may deduct manufacturer restocking fees, freight and a reasonable administration charge before any refund. We may cancel an undelivered order if we cannot obtain the goods on reasonable terms, if you breach a material term, or if continuing supply would in our reasonable view create legal, safety or reputational risk. Cancellation does not affect accrued rights.

16.  Force majeure
Neither party is liable for failure or delay caused by an event beyond its reasonable control, including manufacturer allocation, freight disruption, epidemic, industrial action, utility failure, cyber incident, fire, flood or government restriction. The affected party must notify the other promptly and use reasonable efforts to resume performance. If the event continues for more than 60 days, either party may cancel the affected undelivered order without liability, and we will refund any amount paid for goods we have not dispatched.

17.  General
These Terms, together with the accepted quote or order confirmation, are the entire agreement for the relevant supply and supersede prior negotiations on that supply. A variation, including any special term, is effective only if we confirm it in writing (email to or from info@infinityev.com.au is sufficient). If a provision is unenforceable it is severed and the rest remains in force. A failure to enforce a right is not a waiver. You may not assign an order without our written consent. We may assign to a related body corporate or purchaser of the business.
Notices may be given by email to the addresses used for the order. These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.

18.  Contact
Infinity EV Pty Ltd

ABN 44 681 163 879
PO Box 75, Lilydale VIC 3140
Wholesale pricing and special terms: info@infinityev.com.au