Limit of Liability

This Limitation of Liability Policy applies to all products, services, advice, information, and content supplied by Evolution Lithium, located at 7 Soper Lane, Springlands, Blenheim 7201, New Zealand, through our website https://evolutionlithium.co.nz, in person, or through any other sales or communication channel.
This policy forms part of the contractual agreement between you and Evolution Lithium and must be read in conjunction with our Terms and Conditions, Privacy Policy, Warranty Policy, and Returns & Cancellation Policy.

1. General Limitation of Liability

To the maximum extent permitted by New Zealand law, Evolution Lithium shall not be liable for any loss, damage, cost, or expense arising directly or indirectly from:
the purchase, use, installation, storage, or misuse of any product supplied by us;
reliance on any information, specifications, recommendations, or advice provided by us, whether written or verbal;
delays in supply, delivery issues, or product availability;
errors, omissions, or inaccuracies in product descriptions, technical data, or website content.
Except where liability cannot lawfully be excluded, Evolution Lithium excludes all liability for indirect, incidental, consequential, or special loss, including but not limited to loss of income, loss of profits, loss of business, loss of data, loss of opportunity, or damage to other equipment or property.

2. Consumer Guarantees Act 1993 (CGA)

Nothing in this Limitation of Liability Policy is intended to exclude, restrict, or modify any rights or remedies you may have under the Consumer Guarantees Act 1993 or any other New Zealand legislation that cannot lawfully be excluded.
Where products are supplied for business purposes, as defined under the Consumer Guarantees Act 1993, you agree that the Consumer Guarantees Act does not apply.

3. Limitation of Remedies

Where liability cannot be excluded under New Zealand law, Evolution Lithium’s liability is strictly limited, at our sole discretion, to one or more of the following remedies:
repair of the product;
replacement of the product with the same or an equivalent item;
refund of the purchase price paid for the product.
In all circumstances, Evolution Lithium’s total liability shall not exceed the amount paid by you for the specific product giving rise to the claim.

4. Installation, Use, and System Design

Evolution Lithium supplies high-performance lithium batteries, electrical components, and car audio equipment that require correct installation, appropriate system design, and proper use.
To the fullest extent permitted by law, Evolution Lithium accepts no liability for loss or damage resulting from:
incorrect or improper installation;
inadequate wiring, fusing, grounding, or mounting;
use of products outside their intended purpose or recommended operating parameters;
failure to follow installation guidance, safety information, or industry best practice;
interaction with third-party components, vehicles, charging systems, or electrical systems.
Where installation is carried out by a third party, that installer is solely responsible for workmanship, compliance, and safety.

5. Vehicle and Electrical System Damage

To the maximum extent permitted by law, Evolution Lithium shall not be liable for:
damage to vehicles, alternators, wiring, amplifiers, speakers, or other electrical or mechanical components;
electrical faults, voltage issues, overheating, fire, or system failure caused by incorrect installation, misuse, or unsuitable system design;
damage arising from modifications made to products after supply.
It is the customer’s responsibility to ensure that their vehicle and electrical system are suitable for the products purchased.

6. Technical Advice and Information

Any technical advice, specifications, guidance, calculations, or recommendations provided by Evolution Lithium are supplied in good faith and for general informational purposes only.
Evolution Lithium does not warrant that any advice or information provided will be suitable for your specific vehicle, installation, or application. You acknowledge that reliance on such information is at your own risk.

7. Website Content and Availability

While reasonable care is taken to ensure information on https://evolutionlithium.co.nz is accurate and up to date, Evolution Lithium does not warrant that:
product descriptions, specifications, pricing, or images are free from error;
the website will operate uninterrupted or without technical issues;
content will always reflect the latest product revisions or availability.
Evolution Lithium shall not be liable for any loss arising from reliance on website content.

8. Third-Party Products and Services

Our website and services may reference or link to third-party products, services, websites, payment providers, couriers, or installers. These are provided for convenience only.
Evolution Lithium has no control over, and accepts no responsibility or liability for, the actions, omissions, content, or services of third parties.

9. Relationship to Other Policies

This Limitation of Liability Policy operates alongside and must be read together with our:
Terms and Conditions
Warranty Policy
Returns & Cancellation Policy
Privacy Policy
In the event of any inconsistency, applicable New Zealand consumer law will prevail, followed by our Terms and Conditions.

10. Governing Law and Jurisdiction

This policy is governed by and construed in accordance with the laws of New Zealand.
You agree that any disputes arising in connection with this policy shall be subject to the exclusive jurisdiction of the courts of New Zealand.

11. Contact Information

For any questions regarding this Limitation of Liability Policy, please contact:
Evolution Lithium
7 Soper Lane, Springlands
Blenheim 7201, New Zealand
Phone: +64 22 073 1730
Email: sales@evolutionlithium.co.nz
Website: https://evolutionlithium.co.nz