These Supplier Conditions form the basis of the Contract that will govern the Supplier’s dealings with the Customer. They apply to the supply of Goods (and Services) to both Business Customers (as defined) and Domestic Customers (as defined). In these Supplier Conditions please note that ‘you’ refers to the customer.
• Read the definitions set out in Condition S1 below carefully to identify on what basis you are contracting. If you are unsure then ask us at BoilerJuice. Some Conditions will apply just to Business Customers and some just to Domestic Customers and these are clearly marked as such. If a Condition is silent on this subject then it applies equally to both. The latest version of these Supplier Conditions may be obtained at any time from our website (www.boilerjuice.com); and
• Read these Conditions carefully to understand the terms upon which the Goods will be supplied.
Please note: if you are an individual buying heating fuel for your home then you are likely to be a Domestic Customer.
The Supplier draws your attention in particular to Conditions S8 and S10 which set out provisions relating to your potential liability to the Supplier and the Supplier’s potential liability to you under each Contract (as defined).
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions, unless the context requires otherwise, apply to these Supplier Conditions:
|you or your||means the person, company or other type of organisation that enters into a Contract to purchase Goods from the Supplier (and who will be either a Business Customer or a Domestic Customer);
|BoilerJuice||means the website operated by BoilerJuice Limited;
|Business Customer||means any customer that is ordering or receiving whilst acting in the course of his trade, business, craft or profession;
|Charges||has the meaning set out in Condition S0;
|Conditions||the terms and conditions set out above which govern the relationship between you and BoilerJuice Limited and pursuant to which Orders may be placed through BoilerJuice;
|Contract||means a contract under which the Supplier will supply to you pursuant to, in accordance with and subject to the Supplier Conditions;
|Domestic Customer||means any customer that is acting as a ‘consumer’, that is a natural person who is not acting in the course of his trade, business, craft or profession;
|Good Industry Practice||means the exercise of such high degree of skill and care as would reasonably be expected from an appropriately skilled and experienced person with expertise in the relevant area, including the handling of and dealing with goods the same as or similar to the Goods;
|Goods||means the domestic heating oil or red diesel or other product(s) that the Supplier has agreed to supply to you and as ordered by you through BoilerJuice;
|Order||means an order placed by you for Goods through BoilerJuice;
|Supplier||means the Supplier of the Goods as notified to you by BoilerJuice;
|Supplier Conditions||means these Supplier Conditions set out in this Schedule 1 which govern the Contract;
1.2 In these Supplier Conditions: references to the singular include the plural and vice versa; reference to one gender is to any gender; reference to a statute or statutory instrument is to as it is in force for the time being and includes any amendment, extension, application or re-enactment and any subordinate legislation made under it; headings do not affect the interpretation of these Supplier Conditions; and the term “including” shall be construed without implying limitation (and variants of “including” shall be interpreted accordingly).
2. APPLICATION OF TERMS AND CONTRACT PROCESS
2.1 Subject to Conditions S0 and S0, these Supplier Conditions apply to all Contracts and set out the entire agreement between you and the Supplier to the exclusion of all other terms and conditions. Any terms or conditions which you or the Supplier put forward (whether endorsed on, delivered with or contained in your Order(s) or included in any other documents) do not form part of any Contract and any attempt by you to exclude, vary or limit any of these Supplier Conditions shall be void. You must ensure that you read and understand these Supplier Conditions because they will govern your dealings with the Supplier once a Contract is formed as described in Condition S0.
2.2 Any variation to these Supplier Conditions and any representation about the Goods shall have no effect and shall not form part of the Contract unless agreed in writing by the Supplier. If you have any particular requirements then you must make them clear at the time you place your Order and if (at the Supplier’s discretion) the Supplier agrees to meet those requirements then the Supplier will provide you with confirmation in writing.
2.3 Subject to Condition 3.7 set out in the Conditions relating to the Services provided by BoilerJuice and Supplier Condition S0, the price payable by you to the Supplier (which payment shall be made via BoilerJuice) for the Goods shall be the price as set out on BoilerJuice for the applicable delivery option at the time you place your Order.
2.4 A Contract is formed (and these Supplier Conditions become binding on you) when BoilerJuice sends you the Order Confirmation. Each Order which you place through BoilerJuice shall form a separate Contract.
3.1 The description of the Goods shall be as set out on BoilerJuice.
4.1 Unless otherwise agreed in writing, the Supplier will deliver the Goods to you at the address which you have specified for delivery on BoilerJuice.
4.2 Delivery of the Goods will be deemed to have taken place when on discharge the Goods pass through the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) which you have provided for receiving delivery.
4.3 The Supplier will take reasonable steps to deliver the Goods by the date specified at the time of quotation or, if none is specified, within a reasonable period of time. However, any delivery dates can be estimates only and the Supplier cannot guarantee that the Goods will be delivered on or by any particular date or time. Please be aware that the Supplier’s business is subject to marked seasonal fluctuations in demand and that during the winter months in particular the Supplier can be subject to the twin pressures of markedly increased demand and poor driving conditions so that you must allow extra time for deliveries and factor this into the Orders which you place. Time shall not be of the essence in relation to deliveries.
4.4 You must in respect of each delivery of the Goods:
4.4.1 ensure that all necessary arrangements are put in place for the safe acceptance of each delivery including (without limitation) ensuring delivery and storage access is clear, available and accessible (noting that delivery vehicles are both larger and heavier than private cars) and ensuring that sufficient storage capacity is available, is safe and suitable for the Goods, is clearly marked with product name (grade), safe working capacity and identification number, is provided with a safe means to check the volume in the tank before and during delivery and complies with any and all applicable laws and regulations. If the Supplier finds on delivery that it is unable to safely access the tank or the Supplier deems the tank to be unsafe you will be charged an aborted delivery fee;
4.4.2 not mount any vehicle used by the Supplier (or on the Supplier’s behalf) for the delivery of the Goods and the Supplier may stop the relevant delivery if you attempt to do so;
4.4.3 indicate to the Supplier the correct fill point in respect of your tanks (and note that the Supplier is not responsible for dipping, checking or testing your tank(s));
4.4.4 in the case of highly flammable Goods and for other similar goods, comply with any and all applicable laws and regulations in relation to the health and safety risks associated with such goods;
4.4.5 Business Customers only: in the case of motor spirit, (i) ensure that you are properly licensed by the appropriate local authority to store motor spirit; (ii) ensure that the connecting hose is properly and securely connected to the filling point; and (iii) observe all the conditions of your Petroleum Spirit Storage Licence (if any) and not allow any smoking, naked lights, fires, stoves, or heating appliances of any description in the vicinity of the storage and the fill dip and vent pipes connected to it;
4.4.6 Business Customers only: inspect and check (to the extent reasonably practicable) the Goods to ensure that they conform to the Contract and ensure that your authorised representative signs a delivery note (or equivalent documentation provided by the Supplier’s delivery agent) to confirm the Goods are as ordered and undamaged;
4.4.7 raise any issues regarding the safety or suitability of your storage facilities and/or tank before the Supplier commences delivery (ensuring that any out of service equipment is clearly marked and isolated);
4.4.8 in any event, act sensibly and with all due care and caution in relation to the Goods (and receipt of the Services), acknowledging that there are health and safety issues inherent in receiving and storing the Goods, which if handled incorrectly can be dangerous; and
4.4.9 where the Carriage of Dangerous Goods and Use of Transportable Pressure Receptacle Regulations 2009 (‘the Regulations’) and/or any regulations amending or replacing the same apply, ensure that such regulations are complied with before and during delivery.
If you are unsure as to the obligations referred to above regarding the safe storage and receipt of the Goods then it is your responsibility to raise these concerns with the health and safety department at your local council who should provide you with the information you require. Please note the health and safety information printed on your delivery note.
4.5 The Supplier shall record the delivery date, volume and description of the Goods delivered to you, and such records shall, in the absence of clear contrary evidence, be deemed to be conclusive proof as to the date of delivery and the volume and type of Goods delivered. If you believe that the information which the Supplier has recorded, and which is set out on your delivery notice or invoice, is incorrect then you must notify BoilerJuice in writing providing full details of any disputed element(s) as soon as is reasonably practicable (and, for Business Customers only, in any event within 7 days of the date of receipt of the relevant delivery note or invoice).
4.6 You must have paid for the volume of Goods ordered (through BoilerJuice) prior to delivery. The Supplier will always try to deliver the agreed volume of Goods, but if the Supplier is unable to do so (for example, if there is less space available in your tank than the ordered volume of Goods) then the Supplier will (through BoilerJuice) refund (on a pro rata basis) a sum to you to reflect the lower volume of Goods actually delivered, provided that the relevant Supplier reserves the right to amend the price per litre payable in respect of the Goods delivered to reflect the appropriate price band for the volume of Goods actually delivered. If the Supplier finds that the tank is full or nearly full when they attempt delivery, the supplier reserves the right to charge an aborted delivery charge to you of not more than £35 to cover their costs. If the Supplier is unable to deliver the minimum order of 500 litres, and where the under delivery is in excess of 150 litres, the charge will be £20. If the Supplier is unable to deliver the minimum order of 500 litres, and where the under delivery is between 50 and 150 litres the charge will be £10. There is no charge for an under delivery of less than 50 litres. If your tank does not take the full amount of your order the supplier reserves the right to make a charge depending on the amount of the under-delivery. This will be deducted from the refund made to you.
4.7 The Supplier reserves the right to deliver by instalments. If your order is only part-delivered, any credit returned to you will need to remain in your account until the balance of your order is delivered. If the credit is refunded back to your payment card, or used towards a new order, the Supplier is entitled to contact you directly to collect payment for any outstanding monies due.
4.8 If for any reason (other than the Supplier’s failure to comply with these Supplier Conditions) you fail to accept delivery of any of the Goods when they are ready to be delivered or the Supplier is unable to deliver the Goods as a result of any failure on your part to observe and perform any of your obligations under these Supplier Conditions or the Conditions the Supplier shall have no liability to you for late delivery and an abortive delivery charge shall be made to you.
4.9 If you become aware that the wrong or defective Goods have been delivered then you must stop using those Goods with immediate effect and notify BoilerJuice and the Supplier as soon as practicable regarding the same.
4.10 Following receipt of a notice from you in accordance with Condition S4.8 and subject to it being established that the Supplier has delivered the wrong or defective Goods in breach of these Supplier Conditions, the Supplier shall, either (i) remove the relevant Goods (together with, at the Supplier’s discretion, any other heating oil or kerosene (as the case may be) contained within the same storage tank, container, receptacle or vessel (as the case may be) and replace them with the correct Goods, or (ii) issue (through BoilerJuice) a credit note or refund to you in respect of the relevant Goods. If you are a Domestic Customer then you may nominate your preferred option. If you are a Business Customer then the Supplier shall determine which option is to be taken. In no circumstances shall the Supplier be under any obligation to remove the Goods or issue a credit note or refund if you have ordered the wrong Goods.
4.11 Subject to Condition S0, if the Supplier fails to deliver the Goods by any agreed delivery date, or if no date has been agreed, within a reasonable time frame, then you may call BoilerJuice and cancel your Contract. If you do cancel the Contract in this manner then you shall have no claim against the Supplier under that Contract in respect of any failure to deliver other than in respect of the refund of the price that you have paid.
4.12 The Supplier reserves the right to refuse to make a delivery for reasons such as, but not limited to, access problems and/or the condition or position of the tank (including, without limitation, where it is underground). In these circumstances the Supplier shall be entitled to terminate the Contract without liability to the Customer other than in respect of the refund of the price that the customer has paid.
5. RISK AND TITLE
5.1 You shall be responsible for the Goods, and ownership of the Goods shall pass to you, from the time of delivery.
6.1 Subject to the remaining terms of this Condition S6, the amount the Supplier will charge you for the Goods (the “Charges”) shall be the price (including the “per litre” price, the “Unit Price”) set out on BoilerJuice at the time you place your order for the Goods. The Unit Price and Charges will include the costs of delivery. The Unit Price given will be exclusive of VAT and the Charges will be inclusive of VAT.
6.2 The Unit Price offered by the Supplier is only valid for so long as the quote remains live on BoilerJuice - the Supplier is free to revise or amend the Unit Price at any time prior to the Contract being formed. If due to a technical issue or otherwise the Unit Price shown on BoilerJuice is incorrect and not reflective of the Supplier’s actual pricing then the Supplier reserves the right to terminate the Contract with immediate effect and you will then be given the option to form a new Contract through BoilerJuice (which may be with the same or a different supplier).
7.1 Unless otherwise notified to you, you will pay each of the Supplier’s invoices (in respect of the relevant Charges) through BoilerJuice and in advance at the time you place the relevant Order.
7.2 The Supplier shall be deemed to have received payment under the Contract only on receipt by BoilerJuice of cleared funds from you.
8. YOUR LIABILITY TO THE SUPPLIER
8.1 Business Customers only: you shall be liable to pay the Supplier (on written demand) for, and indemnify the Supplier against, all reasonable costs and expenses and/or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit or reputation, damage to property, loss of opportunity to deploy resources elsewhere, and legal costs) which arise in connection with your fraud, negligence or a material breach of the Contract.
8.2 Domestic Customers only: if you commit a fraudulent act, you are negligent or commit a serious breach of the Contract then you will be liable to pay the Supplier (on written demand) a sum equal to the reasonable costs, expenses and/or losses which the Supplier incurs as a result of your acts or omissions.
9.1 Business Customers only: the Supplier warrants that the Services will be performed with reasonable skill and care and that the Goods are free from material defect at the time of delivery and unless otherwise agreed in writing the Supplier gives no other warranty in respect of the Goods or Services and all warranties, conditions and other terms implied by statute or common law (save for the condition implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
9.2 Domestic Customers only: the Supplier warrants that on delivery the Goods and Services shall:
9.2.1 conform in all material respects with their description (as provided on BoilerJuice and/or the Supplier’s delivery documentation);
22.214.171.124 be of satisfactory quality;
126.96.36.199 be fit for any reasonable purpose for which you use the Goods;
188.8.131.52 be free from material defects; and
184.108.40.206 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
This warranty is in addition to your legal rights in relation to the Goods and Services to the extent that they are faulty or do not comply with the Contract and are not intended to limit those rights in any way. Advice as to your legal rights in relation to any defective goods or services can be obtained free of charge from your local Citizens Advice Bureau or trading standards office.
9.3 Without limiting Conditions S0 and S0, if the relevant Goods do not conform with the warranty in Condition S0 (if you are a Business Customer) or the warranties in Condition S0 (if you are a Domestic Customer) the Supplier shall (at your option as a Domestic Customer or at the Supplier’s option for Business Customers) replace such Goods or issue a credit note or refund to you at the Unit Price, provided that you must give the Supplier (either directly or via BoilerJuice): (i) written notice of any alleged breach of warranty within one week of the time when you discover or (for Business Customers only) ought to have discovered such breach; and (ii) a reasonable opportunity, after receiving the notice, to examine the relevant Goods.
9.4 The warranties in Conditions S0 and S0 shall not apply to any defect which arises as a result of your (or any third party’s) negligence, failure to follow any instructions as to the storage, use or maintenance of the Goods (or (for Business Customers only) to comply with Good Industry Practice) or if you make any further use of the Goods after identifying that there is any issue with them, if you alter, modify, mishandle or try to remedy such Goods without the Supplier’s prior consent or (for Business Customers only) fail to adopt Good Industry Practice in handling and using the Goods.
9.5 Business Customers only: if the Supplier complies with its obligations under Condition S0 the Supplier shall have no further liability to you in respect of such Goods.
9.6 These Supplier Conditions shall apply equally to any replacement Goods the Supplier supply to you pursuant to Condition S0.
10. LIMITATION OF LIABILITY
10.1 Subject to Condition S0 and Condition S0:
10.1.1 if you are a Domestic Customer and the Supplier is in breach of the Contract or negligent, the Supplier is responsible for loss or damage you suffer that is a foreseeable result of the Supplier’s breach or the Supplier’s negligence, but the Supplier is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Supplier’s breach or if they were contemplated by you and the Supplier at the time you entered into the Contract. Except in unusual or exceptional circumstances the Supplier expects this loss or damage to be limited to:
10.1.1.1 without prejudice to the Supplier Conditions S0 and S0, where the breach by the Supplier relates to a delivery of the Goods Ordered after the stated delivery date under the Contract and an express delivery option was selected at an additional cost by you, the refund by the Supplier of an amount equal to the difference between the Charges paid and the price that would have been payable (including VAT) by you for delivery of the Goods under the delivery option that would have applied to the date on which the Goods were actually delivered; and
10.1.1.2 in any circumstances other than those referred to in Supplier Condition S0, to the amount paid by you for the Goods in question.
10.1.2 if you are a Business Customer:
10.1.2.1 the Supplier shall in no circumstances whatsoever be liable to you, whether in contract, tort (including breach of statutory duty or negligence), misrepresentation, restitution or otherwise for loss of profit, loss of business, loss of anticipated savings, wasted time or any indirect or consequential loss arising out of or in connection with the Contract;
10.1.2.2 the Supplier’s total liability to you whether in contract, tort (including breach of statutory duty or negligence), misrepresentation, restitution or otherwise for loss of profit, loss of business, loss of anticipated savings, wasted time or any indirect or consequential loss arising out of or in connection with the Contract shall be limited to:
(a) in relation to any damage to your physical property, a sum equal to 150% (one hundred and fifty per cent) of the Charges or £10,000 (whichever is the greater); or
(b) in relation to any other claim, a sum equal to 125% (one hundred and twenty-five per cent) of the Charges or £5,000 (whichever is the greater).
10.2 Nothing in these Supplier Conditions excludes or limits in any way the Supplier’s liability for:
10.2.1 death or personal injury caused by the Supplier’s negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 any breach of the obligations implied by law that the Supplier owns the Goods and that the Supplier is able to pass ownership of those goods to you (under section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982);
10.2.4 (for Domestic Customers only) defective products under the Consumer Protection Act 1987; or
10.2.5 any other matter for which it would be illegal or unlawful for the Supplier to exclude or attempt to exclude the Supplier’s liability.
10.3 Subject to Condition S0 the Supplier shall not be liable to you pursuant to Condition S0 to the extent that such liability arises from any failure on your part to observe and perform any of your obligations under the Conditions and/or the Supplier Conditions. It is, therefore, very important that you read through those provisions which contain obligations on your part.
11. EVENTS OUTSIDE THE SUPPLIER’S CONTROL
11.1 Subject to Condition S0, the Supplier will not be liable or responsible for any failure to perform, or delay in the performance of, any of the Supplier’s obligations under the Contract that is caused by events outside the Supplier’s reasonable control (these are referred to as Force Majeure Events).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond the Supplier’s reasonable control and includes, in particular (without limitation), the following: acts of God, governmental action, war or national emergency, acts of terrorism, protest, riot, civil commotion, fire, explosion, adverse weather conditions (including, without limitation, storm, ice or and/snow), flood, epidemic, labour disputes (other than in relation to the Supplier’s own workforce), accident, shortage or failure in supplies, interruption or failure in any utility service or restraint or delay affecting the Supplier’s delivering agents or inability or delay in obtaining the Goods.
11.3 The Supplier’s obligations under the Contract are suspended for the period that the Force Majeure Event continues, and the Supplier will have an extension of time to perform these obligations for the duration of that period. The Supplier will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the Supplier’s obligations under these Supplier Conditions can be performed despite the Force Majeure Event.
11.4 If the Supplier suffers any temporary interruptions or shortages in supply (whether or not due to a Force Majeure Event) then both you and the Supplier will use the Supplier’s reasonable efforts to minimise any adverse impact. If the Supplier needs to ration or allocate the Supplier’s available supplies of the Goods then the Supplier will do so fairly having regard to the circumstances. You acknowledge that in such circumstances the Supplier may allocate supplies to public utilities and emergency services before Goods are rationed and allocated to other customers.
12.1 You may cancel a Contract by contacting BoilerJuice on 0800 151 3135 or e-mailing BoilerJuice at firstname.lastname@example.org between 8.00am and 5.00pm from Monday to Friday, subject to the following: BoilerJuice will notify the Supplier that you wish to cancel a Contract and any cancellation of a Contract will be subject to BoilerJuice receiving confirmation from the Supplier that the Contract has been cancelled prior to the Supplier’s carrier leaving the Supplier’s premises. Provided such confirmation is received by BoilerJuice the Contract shall be cancelled and your payment returned to you.
12.2 If the Supplier’s carrier has left the Supplier’s premises before BoilerJuice receives confirmation from the Supplier that the Contract has been cancelled then an aborted delivery charge of up to £35.00 including VAT may be deducted by the Supplier from any refund due to you.
12.3 Please note that due to issues relating to potential contamination and/or health and safety it is not possible for you to return any Goods following delivery.
13.1 The provisions of Conditions S7, S8, S9 and S10 shall continue after the Contract has terminated.
13.2 Business Customers only: Each right or remedy that the Supplier have under the Contract is without limit to any other right or remedy the Supplier may have whether under the Contract or otherwise.
13.3 If any Condition is found by any court of competent jurisdiction to be unlawful, invalid or unenforceable to any extent then it shall, to that extent only, be severed from the remaining Conditions, and the remainder of such Condition, which shall continue in full force and effect.
13.4 If a court of competent jurisdiction decides that a Condition cannot be severed (in whole or in part) then it is agreed that the relevant Condition shall be replaced with a legal, valid, enforceable and reasonable provision which achieves, to the greatest extent possible, the same effect as the original Condition.
13.5 If the Supplier fails or delays in enforcing any provision of the Contract, or fails to insist that you comply with any of your obligations, this shall not mean that the Supplier has waived any of its rights under the Contract and that you do not have to comply with your obligations. Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by you shall be effective only if given in writing and it shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other provisions of the Contract.
13.6 BoilerJuice Limited may enforce the terms of the Contract subject to and in accordance with the provisions of these Supplier Conditions and the Contracts (Rights of Third Parties) Act 1999.
13.7 Except as provided in Condition S13.6, no term of the Contract is intended to confer a benefit on, or to be enforceable by, any person who is not a party to the Contract.
13.8 All Contracts for the supply of Goods (and provision of the Services) shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.
13.9 Unless a Condition expressly provides otherwise, all communications between the parties about the Contract, including any notices to be sent or received under the Contract, must be in writing, sent by the Supplier to your registered office (or in the case of a Domestic Customer, the address provided for delivery) and by you to BoilerJuice and (if known) the Supplier’s place of business. Notices shall be deemed served on delivery if delivered by hand, 48 hours after posting if sent by post and on completion of transmission if sent by email or facsimile.