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Terms & Conditions for Purchases of Heating Oil or Red Diesel
These Conditions apply to Orders placed through BoilerJuice for the supply of heating oil and/or red diesel by a Supplier and govern our and the Supplier’s respective dealings with you. They apply as appropriate to both Business Customers (as defined) and Domestic Customers (as defined). Please:
• Read the definitions set out in Condition 1 below carefully to identify on what basis you are contracting. If you are unsure then ask us. 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 Conditions may be obtained at any time from our website (www.boilerjuice.com); and
• Read these Conditions carefully to understand the basis upon which your Order has been submitted and, if your Order is accepted, 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.
We draw the attention of all our customers in particular to Conditions 4 and 5 below and, in Schedule 1 (the Supplier Conditions) Supplier Condition S8 and S10 set out below which contain provisions relating to your potential liability to us and/or the Supplier and our/the Supplier’s potential liability to you.
About BoilerJuice - Important Notice and Disclaimer
BoilerJuice is a web-based service which seeks to match customers wishing to buy Goods with Participating Suppliers by identifying the best quote according to the customer’s stated location and delivery preferences. We act as agent for the Participating Suppliers in carrying out this service and in administering the ordering process on their behalf including (without limitation) the administration of quotations, customer orders and customer payments as well as issuing order confirmations on behalf of Suppliers. Orders may also be placed with us (when we also act as agent for Suppliers) by telephone. Further details of our services are set out in Condition 3 below. Together these activities performed by us are referred to as “the Services” in these Conditions.
The contract for the supply of heating oil or red diesel is made between you, the Customer, and with the relevant Supplier and not with BoilerJuice. Accordingly, BoilerJuice does not accept responsibility for the acts or omissions of Suppliers or for the Goods supplied (or any services provided) by them. Our role is limited to the operation of this website and acting as the agent of the Suppliers in the administration of quotations, Customer orders and Customer payments as well as issuing order confirmations on their behalf.
If you require clarification or information regarding these Conditions, their application or the basis upon which we or the Supplier’s operate, then please visit our frequently asked questions page or, should your question not be answered at that point, please contact us on 0800 151 3135.
1.1 The following definitions, unless the context requires otherwise, apply to these Conditions:
|we or us||means BoilerJuice Limited, a company registered in England and Wales under company number 5345637, with its registered address at Unit 1 Clare Hall, St Ives Business Park, St Ives, Cambridgeshire, PE27 4WY;
|you or your||the person, company or other type of organisation that receives the Services from us or that enters into a Contract to purchase Goods from a Supplier (as the case may be) and who will be either a Business Customer or a Domestic Customer;
|BoilerJuice||means our website at www.boilerjuice.com;
|Business Customer||any customer ordering or receiving Goods and/or Services whilst acting in the course of his trade, business, craft or profession;|
|Conditions||means these Terms & Conditions for Purchases of Heating Oil or Red Diesel;
|Contract||means the contract under which the Supplier shall supply Goods to you pursuant to, in accordance with and subject to the Supplier Conditions;|
|Domestic Customer||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;|
|Force Majeure Event||has the meaning given in Condition 6.4;|
|Goods||home heating oil or red diesel (as the context shall require);
|Good Industry Practice||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;
|Insolvent||you are unable to pay your debts as they fall due or you are, or become, the subject of any insolvency procedure (for example, without limitation, receivership, liquidation, administration, voluntary arrangements (including moratorium) and bankruptcy) or any application or proposal for an insolvency procedure;
|Order||means an order placed by you for Goods through BoilerJuice and “Ordered” shall be construed accordingly;
Order Confirmation has the meaning in Condition 3.3.5;
|Participating Suppliers||means the fuel supply companies on our systems from time to time whose prices are entered in order to provide quotes to you in respect of the Goods;
|Payment Plan||has the meaning in Condition 3.2;
|Services||means the web-based (or telephone) services we provide in identifying the best quote according to the Customer’s stated location and delivery preferences from those provided by the Participating Suppliers so as to identify the cheapest appropriate Participating Supplier of the required Goods and the services undertaken by us in administering the ordering process on behalf of Participating Suppliers including (without limitation) the administration of quotations, customer orders and customer payments as well as issuing order confirmations on behalf of Suppliers;
|Supplier||means the fuel supply company who enters into a Contract with you to supply the Goods;
|Supplier Conditions||means the terms on which the relevant Supplier will supply the Goods to you, as set out in Schedule 1 to these Conditions;
|Tank Account||Your BoilerJuice account into which savings and refunds are placed.
2. APPLICATION OF THESE CONDITIONS AND QUESTIONS
This Condition 2 shall apply to your use of BoilerJuice and our Services and to all purchases of Goods made by you from a Supplier pursuant to Condition 3.
2.1 These Conditions apply to:
2.1.1 all Orders placed by you for Goods to be supplied by a Supplier; and/or
2.1.2 all Services provided by us through or pursuant to BoilerJuice, including any Orders placed through us by telephone.
2.2 By using BoilerJuice and/or our Services you accept these Conditions and agree to abide by them. If you do not agree to these Conditions then you must not use BoilerJuice or seek to enter into a Contract pursuant to it.
2.3 If you have any general comments or queries regarding the Goods (and/or Services) then you must raise these issues before accepting any quote on BoilerJuice. Our sales personnel are not consultants and are not able to provide you with technical advice as to particular products or performance issues and so if you have any specific or technical queries then you should address them to us in writing (including email) in the first instance we will then pass them on to the relevant Supplier (as appropriate) and any response we might provide to such queries will be given only to the best of our knowledge and belief and without any liability on our part. Business Customers only: all other descriptions, specifications and illustrations on BoilerJuice are approximations and for information purposes only and you should not rely upon the same.
2.4 We may, at any time and without notice to you make changes to the specification of the Goods that we believe or a Supplier believes are necessary to ensure that they conform to any applicable safety or statutory requirements and/or make minor modifications to the specification of the Goods that we or a Supplier consider necessary or desirable (and which should not have any material adverse effect on the performance of the Goods.
3. BOILERJUICE MEMBERSHIP, SERVICES AND PROCESS
3.1 You will become a member of BoilerJuice by obtaining a quote, placing an order, or registering your details with BoilerJuice. You can unsubscribe from BoilerJuice at any time by clicking here.
3.2 Membership is free and we will not request financial or bank details from you other than during the ordering process or as part of the Payment Plan as described in this Condition 3.2. Members can make monthly deposits or one one-off payments by debit card or credit card. These amounts are held in the member’s Tank Account and may be used to pay for orders (the Payment Plan). If the member wishes to withdraw the funds held in their Tank Account they can do so at any time. If there is not enough credit in the member’s Tank Account to pay for an Order the balance payable on that Order has to be paid by that member at the time of ordering by using their debit or credit card.
3.3 We are not a fuel distribution company and we do not supply the Goods. We only provide the Services. As part of our Services we (through BoilerJuice) facilitate the sale of the Goods to you by the relevant Supplier through the following process:
3.3.1 You seek a quote from the Participating Suppliers by entering your location and particular requirements (including, without limitation any delivery constraints) into BoilerJuice;
3.3.2 We search our database to find you the best prices available from amongst the Participating Suppliers who are able to meet your requirements in the area of your location and the best price is then displayed on BoilerJuice but the identity of the Participating Supplier with the best price is not revealed to you at this stage;
3.3.3 If you wish to purchase the Goods at that best price quoted then you indicate your wish to purchase the Goods by completing the online order form on BoilerJuice (or calling our telephone sales team) and paying us (as agent on behalf of the Supplier) for the Goods. As indicated on BoilerJuice, placing of your order shall be deemed to be an offer by you to purchase the Goods from the Supplier at the relevant price which is then subject to acceptance by us on behalf of the Supplier;
3.3.4 We shall hold any payments made by you until such time as a Contract has been formed between you and the Supplier and the Goods are delivered by the Supplier;
3.3.5 We will send you an email confirming that your offer has been accepted by the Supplier and the price, the estimated delivery date and the name and contact details of that Supplier (this is an Order Confirmation), at which point the Contract between you and the Supplier to purchase the indicated volume of Goods is formed on the terms of the Supplier Conditions;
3.3.6 It is your responsibility to carefully read the information set out in the Order Confirmation and inform us without delay if any of the information is incorrect;
3.3.7 We will pass your details (name, address and contact details, but not payment information) on to the relevant Supplier so that they can affect the relevant delivery of Goods (in accordance with the Supplier Conditions);
3.3.8 We reserve the right at any time to affect or procure the assignment of or otherwise transfer the Contract to an alternative Supplier and do not act as agent for you; and
3.3.9 You will have the right pursuant to Condition S12 of the Supplier Conditions to cancel a Contract by contacting BoilerJuice on 0800 151 3135 or e-mailing BoilerJuice at email@example.com prior to the Supplier’s carrier leaving the Supplier’s premises to fulfil your order.
3.4 In respect of the Services we reserve the right to charge you for the administration of your Order as detailed in the payments section of BoilerJuice.
3.5 If you choose for the Goods to be delivered on a Saturday we reserve the right to charge you a booking fee including VAT as detailed in the payments section of BoilerJuice.
3.6 There are no card processing charges in respect of payments made via debit cards.
3.7 Fuel prices are regularly updated by the Participating Suppliers. If a Participating Supplier fails to update or incorrectly updates prices and you accept a quote based on out-of-date or incorrect information, you will be notified of the anomaly by us or the Supplier as soon as reasonably practicable and will be given the chance to accept or reject the new price before the Goods are delivered. If you reject the revised price then the Order will be cancelled and any relevant Contract terminated. We accept no liability for any inconvenience or costs incurred by you as a result of out of date or incorrect prices.
3.8 You acknowledge in entering into the Contract that we do not act as an agent for you but we do act as an agent for the Supplier in forming the Contract between you and the Supplier.
3.9 The Contract for the supply of the Goods is between you and the Supplier. You acknowledge that we are not responsible for the Goods or their delivery, including (without limitation) any issues relating to the delivery, quality, safety, accuracy and/or volume of the Goods, all of which are the responsibility of the Supplier (except to the extent that any of such matters are your responsibility as set out in these Conditions).
3.10 Bulk-Buy Savings are an additional benefit provided to BoilerJuice members but we cannot guarantee any savings will be made. Not less than 85% of any Bulk-Buy Savings will be credited to your ‘Tank Account’ and can be deducted from future Orders. You can see the effect of any Bulk-Buy Saving by logging onto the ‘My Account’ area of BoilerJuice.
3.11 BoilerJuice has the right to refuse to process an Order (and the Supplier will not be obliged to deliver any Goods) if payment cannot be made.
4. YOUR OBLIGATIONS
4.1 When placing an Order for Goods through BoilerJuice, you must:
4.1.1 provide information about any special delivery conditions or requirements at the time the Order is placed (this would include, without limitation, narrow access, constrained turning of delivery vehicles or a difficult access to or underground tank);
4.1.2 ensure clear instructions are left at your premises for the driver to determine the correct tank for delivery to be made (this is particularly important where there is the possibility of confusion of which tank to fill);
4.1.3 use your best efforts to ensure that the Supplier will have safe and reasonable access to the delivery location in order that the delivery can be made; and
4.1.4 ensure that the relevant tanks/fill pots into which delivery is to be made meet relevant statutory requirements and are safe to receive each delivery of the Goods.
4.2 A credit will be made to you where the volume of the Goods delivered is less than that Ordered. The credit will be applied to your ’Tank Account’ and can be refunded back to the designated card if requested once the delivery has been confirmed to us by the Supplier.
4.3 Where the Supplier is not able to deliver the full Order volume of the Goods because the amount Ordered was in excess of the tank’s capacity, then we will refund the appropriate proportion of the charges paid back to you, provided that the Supplier shall have the right to amend the price per litre payable by you 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 there may be an aborted delivery charge made to you. If you order 500 litres and your tank does not take the full amount 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.
4.4 It is your responsibility to manage the money in your Tank Account, whether this be credits for over-delivery and Bulk-Buy Savings or deposits made by you into the Payment Plan.
4.5 The “Price Drop Promise” is an additional benefit which may be provided to you but we cannot guarantee any savings will be made. It only applies to Orders placed on the Standard Delivery option on a Standard size vehicle and not to express orders or 4-wheeler orders. A credit will be made to members where a cheaper price per litre is found by us before we pass the Order to the Supplier. This happens at approximately 7:00am on the day after the order is placed from Monday to Thursday and at approximately 6:00am on Monday for standard buying weekend - Bulk-Buy Saving orders. Not less than 85% of any saving will be credited to your Tank Account in accordance with these Conditions and will be available for use once the order has been confirmed as delivered by the supplier.
5. OUR LIABILITY
Your attention is particularly drawn to this Condition. This section of the Conditions shall apply to your use of BoilerJuice and the facilitation by us of your purchases of Goods from Suppliers under these Conditions.
5.1 Subject to Conditions 5.3 and 5.5, if you are a Domestic Customer and there is any claim relating to your use of BoilerJuice and/or our provision (or your receipt) of the Services as a result of any breach on our part of any of our obligations to you under these Conditions or our negligence, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach negligence or if it was contemplated by you and us at the time the Contract was made by you with the Supplier. Except in unusual or exceptional circumstances we expect these losses to be limited to the amount paid by you for the Goods which are the subject of the relevant Order.
5.2 Subject to Conditions 5.3 and 5.4, if you are a Business Customer and there is any claim relating to your use of BoilerJuice, our provision (or your receipt) of the Services and/or any breach on our part of any of our obligations to you under these Conditions:
5.2.1 we 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 performance or contemplated performance of our Services and/or the Contract;
5.2.2 our 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 performance or contemplated performance of our Services and/or the Contract shall be limited to 200% of the payment in respect of our Services which we receive from the Supplier in connection with your Order.
5.3 Nothing in these Conditions excludes or limits in any way our liability for:
5.3.1 death or personal injury caused by our negligence;
5.3.2 fraud or fraudulent misrepresentation; or
5.3.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
5.4 When you order Goods you will be contracting with the Supplier on the Supplier Conditions. We give no warranties as to the quality or suitability of any Goods purchased through BoilerJuice and whilst we may agree (at our discretion) to assist in resolving any issues which have arisen in connection with an Order, any claims you may have with regard to the Goods or the delivery (or non-delivery) of the same are as between you and the Supplier and to be addressed to the Supplier under the Contract.
5.5 Please note it is your responsibility to satisfy yourself that you wish to purchase the Goods under the Supplier Conditions.
6.1 Written communications
Applicable laws require that some of the information or communications we send to members should be in writing. When using BoilerJuice, you accept that communications with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on BoilerJuice. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Condition does not affect your legal rights.
All notices given by you to us must be given to BoilerJuice Limited at firstname.lastname@example.org or BoilerJuice Limited, Clare Hall, St Ives Business Park, St Ives, Cambridgeshire, PE27 4WY. We may give notice to you at either the e-mail or postal address provided to us when placing an order, or registering with BoilerJuice. Notice will be deemed received and properly served immediately when posted on BoilerJuice, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e mail was sent to the specified e-mail address of the addressee.
6.3 Transfer of rights and obligations
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract as agent on behalf of a Supplier, or of any of its rights or obligations arising under it, at any time during the term of the relevant Contract.
6.4 Events outside our control
6.4.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you that is caused by events outside its reasonable control (Force Majeure Event).
6.4.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.104.22.168 strikes, lock-outs or other industrial action (other than in relation to our own workforce);
22.214.171.124 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
126.96.36.199 fire, explosion, adverse weather conditions (including, without limitation, storm, ice or and/snow), flood, earthquake, subsidence, epidemic or other natural disaster;
188.8.131.52 interruption in or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
184.108.40.206 shortage or failure in supplies;
220.127.116.11 interruption or failure in any utility service;
18.104.22.168 interruption in or impossibility of the use of public or private telecommunications networks;
22.214.171.124 the acts, decrees, legislation, regulations or restrictions of any government.
6.4.3 Our performance of any of our obligations to you that may be affected by a Force Majeure Event is deemed to be suspended for the period that Force Majeure Event continues, and we will have an extension of time for performance of our obligations so affected for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations so affected may be performed despite the Force Majeure Event.
6.5.1 If we fail, at any time, to insist upon strict performance of any of your obligations to us under or in connection with these Conditions or, acting as agent for the Supplier, to that Supplier under the Contract, or if we fails to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
6.5.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
6.5.3 No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 6.2.
If any of these Conditions or any provisions of a Contract concluded through BoilerJuice are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
6.7 Entire Agreement
6.7.2 You acknowledge that, in entering into a Contract, you are not relying upon any representation or warranty (whether made by us innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
6.7.3 You and we both agree that the only respective liability in respect of any representations and warranties that are set out in these Conditions (whether made innocently or negligently) will be for breach of contract.
6.7.4 Nothing in this Condition 6.7 limits or excludes any liability for fraud.
6.8 Law and jurisdiction
Any dispute or claim arising out of or in connection with these Conditions and/or any contract formed thereunder will be governed by English Law and will be subject to the exclusive jurisdiction of the courts of England and Wales.