IMPORTANT: CERTAS ENERGY’S CONTRACT WITH YOU
So, please read them carefully before ordering.
The latest (or a large font or braille) version of these terms and conditions can be found on our website (www.certasenergy.co.uk/terms-conditions) or by contacting the Marketing department at 302 Bridgewater Place, Birchwood Park, Warrington, Cheshire, WA3 6XG.
If we make any substantial changes to these terms and conditions, we will write to you and include them on your delivery note - please check the reverse of your delivery notes regularly.
If you do not accept our terms and conditions, you should not order any Goods or Services from us. Please print or save a copy of these terms and conditions for your use.
1. WORDS WE USE IN THESE TERMS
In these terms and conditions we use the following phrases:
Goods – any goods that we agree to supply to you under these terms and conditions (including fuels).
Sometimes certain sections of these terms and conditions will only apply to the fuels that we supply (and not other goods). Where this is the case, we will use the term “Fuels”.
Services – the Planned Delivery Services as descried in section 7.
2. NOT FOR BUSINESS USE
These terms and conditions apply to consumers only; that means people who want to purchase our Goods or Services for personal use and not for any business purposes.
3. YOUR PERSONAL DETAILS
3.1 You will need to open an account with us to order our Goods and Services. You need to provide your name, address, telephone number and email address together with any special delivery instructions. All information you provide must be true and accurate. Over 18s only.
3.2 To ensure that your credit, debit or charge card is not being used without your consent, we may carry out certain identity, credit and fraud checks, including validating the personal information you give us during our ordering process. We use third party databases to do so. We reserve the right to change our checks from time to time.
3.3 If any problems arise we may require additional information (for example, photo ID such as a driving licence or passport). We may reject or cancel an order at any time if we are not satisfied with the information. It is important for us that you know exactly what personal details we collect from you and how we look after and use them. For example, we may want to contact you by letter, phone or email with news about our products or services relevant to you.
4. HOW IS THE CONTRACT FORMED BETWEEN US?
4.1 We may give you a quotation or price in person, online, in writing or by phone. All quotes and prices are valid only on the day we issue them. We may withdraw a quote or change the price at any time prior to acceptance. A quote or price is not an offer from us and cannot be accepted.
4.2 If you place an order with us (whether online, over the phone or otherwise), then that is an offer from you and we may choose whether or not to accept your order.
4.3 Where you order by phone, a contract is formed between us when we confirm on the phone that we have accepted your order.
4.4 Where you order via our website, a contract is formed between us when we send you written confirmation of your order.
4.5 Each order you place which is accepted by us forms a separate contract.
4.6 Contracts will be concluded in English. The details of your contract will be held by us.
5. WHAT YOU ARE BUYING
The Goods or Services will be described in our quotation, or on our website if you are buying online, and confirmed in acceptance of your order. More product information is at www.certasenergy.co.uk. We may at any time and without notice: (i) alter the specification of the Goods to ensure that the Goods conform to any applicable safety or statutory requirements; and/or (ii) make minor modifications to the specification of the Goods that we consider necessary or desirable (and which should not have any material adverse effect on the performance of the Goods).
How we Deliver Goods and Services to You
5.1 We can deliver Goods within England, Wales and Scotland. However there may be some exclusions (such as remote islands) but we will make this clear to you when placing your order. Our aim is to deliver to you by the delivery date in your quotation or written confirmation, or if no date is set out, within at least 30 days. However, this might not always be possible due to factors beyond our reasonable control. If there is a delay, we will try to contact you as soon as we can to agree a new delivery date.
5.2 Where you order by phone, we will deliver to the address you gave when you opened your account. If the delivery address will be different, please tell us when ordering. If you order online, we will deliver to the address you provide when ordering. We may sometimes deliver your order in instalments so don’t worry if your order seems to have been partially delivered. You will still only be charged one delivery charge though (if any applies). Each instalment will be invoiced and must be paid for separately. If you have any queries about your order, or worry that it might be incomplete, then please contact Customer Services.
5.3 Delivery will be deemed to have taken place as follows:
• for Fuels delivered in bulk by road vehicle, when on discharge it passes the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) which you use for receiving delivery at your address;
• for any other Goods (including Fuels delivered in barrels, packages or some other form), when the Goods are off-loaded from the delivery vehicle (or at such point as the Goods are collected by you).
5.4 If you ordered Fuels to be delivered in bulk and we can safely access your tank to fill it, you don’t need to be present when we deliver. In all other cases, it is your responsibility to ensure that someone is available at your delivery address on the date of delivery. If nobody is at home and there is no safe access to make the delivery, we will try to contact you by telephone. If we cannot do so, we will leave a note to explain and will try to contact you to rearrange the delivery.
5.5 If the delivery address you gave is wrong and your order is delivered to someone else, we cannot be responsible for any losses you may incur as a result and will no obligation to refund you or provide replacement Fuel - please check that the details you give us are correct.
5.6 In respect of each delivery of Fuels, you must:
• ensure that all necessary arrangements are put in place to safely accept each delivery including providing appropriate equipment to accept delivery, ensuring delivery and storage access is clear and available (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 Fuels, is clearly marked with product name (grade), safe working capacity and identification number, is provided with a safe means to check volume
in tank before and during delivery and complies with any and all applicable laws and regulations;
• not climb onto any vehicle we use to deliver the Fuels; we may stop the relevant delivery if you attempt to do so;
• indicate to us the correct fill point for your tanks (please note that we are not
responsible for dipping, checking or testing your tank(s));
• tell us about any safety or operating problems with your storage tank before we start delivery; any out of service equipment must be clearly marked and sealed / kept separate;
• act sensibly and carefully with the Fuels. Handling the Fuels incorrectly can be dangerous. It is important for everyone’s safety that you know and comply with relevant health, safety and environmental law. If you have any doubts, you can obtain further advice from your local council or see the health and safety information on your delivery note / visit www.
certasenergy.co.uk. If you collect the Fuels from us then you must comply with our policies and procedures regarding access to, and conduct at, our premises.
5.7 If we believe that it would be unsafe to make a delivery of Fuels to you then we may suspend that delivery until we are satisfied (acting reasonably) that it would be safe for us to proceed.
5.8 For Fuels that are delivered in bulk by road vehicle we will invoice you for the volume of Fuels actually delivered. We will not deliver more than you ordered unless you agree. We will always try to deliver the agreed volume of Fuels, but if we are unable to do so due to reasons beyond our reasonable control (for example, if unsafe access to the tank; we deem the tank to be unsafe; or there is less space available in your tank than the amount of Fuels you ordered) and you have paid for the ordered Fuels in advance then we will only charge you for the Fuels delivered using the Unit Price (see section 5.12), to reflect the smaller amount of Fuels we were able to deliver. We will pay back to you the rest of the money you paid. If an urgent second delivery is required to top up to the amount you ordered, a Priority Charge may be payable under section 6.15 unless the under-delivery was our fault.
5.9 For Fuels that are delivered in bulk by road vehicle we record the delivery date, quantity and description of the Fuels delivered to you, and that record shall, in the absence of evidence to the contrary, be deemed to be conclusive proof of the date of delivery, the volume and type of Fuels delivered. If you believe that any information set out on your delivery note or invoice, is wrong then you must notify us in writing providing full details of any disputed element(s) as soon as possible.
5.10 If for any reason, other than our failure to comply with these terms, you: (i) fail to accept delivery of any of the Goods when they are ready to be delivered; (ii) fail to collect the Goods when they are ready for collection; (iii) wish to delay delivery, or (iv) do something which means that we are unable to deliver the Goods then we may:
• deliver the Goods you ordered to another customer which may mean that your delivery date may be delayed;
• at our option, charge you a reasonable “Failed Delivery Charge” which is the cost to us of delivering the Goods to you and returning them to our depot or another customer whichever is cheaper.
5.11 If you become aware that the wrong Goods have been delivered then you must stop using them immediately and tell us as soon as possible. We will discuss with you to arrange collection of the Goods or agree another solution.
What do you Pay for Goods and Services?
5.12 If you are ordering Goods online (excluding Fuels), the price of the Goods will be as set out on our website.
5.13 If you are ordering Fuels (whether by telephone or on our website), our quotation will clearly explain the price for the Fuels. We will tell you the:
• Unit Price – the price per litre excluding and including VAT to help you compare our prices with other suppliers (who tend to give a VAT exclusive price per litre) and see how much you may have to pay if you take more or fewer litres of Fuels than ordered;
• Net Price – the total price for the Fuels you have ordered including VAT. We will also give you details of any other charges which may relate to your order
(e.g. credit card surcharge). This total is the price that you will pay for your order.
5.14 Delivery charges: If your delivery is subject to a delivery charge, you will be told about it before you place your order.
5.15 Priority Charge: For purchases of Fuels, we offer a priority delivery service.If you want your Fuels to be delivered urgently, you may request a priority delivery. This will be shown on your quotation as a “Priority Charge”. If we are willing and able to make a priority delivery then we will do our best to
deliver to you by the agreed delivery date. If for any reason we are unable to deliver by the agreed delivery date, then you will not be charged the Priority Charge (or it will be refunded to you if charged in advance).
5.16 Small Load Premium: One factor we use to calculate the Unit Price for Fuels is the amount of Fuels you have ordered. There is a cost to us in delivering each order so if we are unable to deliver your order due to something you have or haven’t done (for example, not enough space in your tank to take
the amount ordered) then we may, at our option, charge for the cost to us of delivering the excess Fuels to you and returning them to our depot or another customer whichever is cheaper – typically this is £1.77 per mile. This charge will be shown on your invoice as the “Small Load Premium”.
Storing Goods and Fuels
5.17 We do not accept responsibility for the Goods beyond their successful delivery, and all risk of loss or damage attributable to the use or storage of the Goods thereafter shall pass to you at the time of delivery.
5.18 By agreeing to our terms and conditions, you confirm that you have complied with all relevant environmental and safety legislation and that the storage tank, container, receptacle, vessel or fill line (as the case may be) are structurally sound, do not leak and are in a suitable condition to safely receive Fuels.
6. WHAT ARE PLANNED DELIVERY SERVICES FOR FUELS?
6.1 We offer three planned delivery services for Fuels: (i) Signalman, which uses an electronic device to measure the fuel remaining in your tank; (ii) the Degree Day Service, where we monitor the weather and your normal fuel use to estimate when you are likely to run low on fuel; and (iii) our “Top Up” service, where we “top-up” your tank according to an agreed delivery cycle; the “Planned Delivery Services”.
6.2 For the Signalman service you will need a Signalman device which we then operate for you – separate terms apply to the purchase of the Signalman device. Let us know if you want to receive this Service.
6.3 Our estimates are based on either: (i) the information provided by the Signalman device, (ii) our understanding of your available storage, weather patterns and your past patterns of use, and/or (iii) our agreed delivery cycle.
If you think that your storage tank or use of the Fuels is going to change (for example, you buy a new, smaller, tank or you extend your property) then tell us so that we can take it into account.
6.4 We will try our best to ensure that you do not run out of the Fuels. However, we cannot guarantee that this will not happen, especially in periods of high use such as the winter when it can be very difficult for our drivers to make as many deliveries, safely, as may be required. Remember to check the fuel level in your tank regularly and tell us if you think that you are about to run out of the Fuels or will need more than usual.
6.5 If you have run out of (or are about to run out of) the Fuels then you should contact Customer Services and we will do our best to make an urgent delivery of the Fuels to you. The Priority Charge referred to in section 5.15 does not apply to urgent deliveries if you are a Planned Delivery Service customer.
6.6 As we plan our deliveries based on our estimate of your requirements, if you purchase fuels from another supplier without telling us then we may waste time and costs when we come to deliver the Fuels that we estimated you require. You therefore agree not to place orders with another supplier during the term of the contract. However, if you require Fuels urgently and we cannot deliver your order within a reasonable time then you may (for that reason only) place a one-off order with another supplier. If you place an order with another supplier so that we cannot deliver the Fuels we have estimated you need then we may, in addition to any other rights we might have, invoice you for the cost to us of
delivering the Fuels to you and returning them to our depot or another customer whichever is cheaper – typically this is £1.77 per mile. You must tell us at least 7 days before you change address. If you don’t and a delivery is made to your old address then you must pay for the cost of the Fuels delivered to the old address.
6.7 The contract for Planned Delivery Service will carry on until we or you ask for it to end. We or you may end the contract at any time by telling (by letter or email) the other party at least two weeks before the date you or we want the contract to end.
What Do You Pay for the Planned Delivery Service?
6.8 If you have provided us with an email or mobile number to contact you then, during the life of the Planned Delivery Services contract, we will provide you with the relevant Unit Price (see section: 5.13) (and a VAT inclusive price per litre) for the Fuels before your next delivery. We will send this information to you by email or a text (SMS) message to the address / number you have given for this purpose. You can cancel your next delivery by contacting your local depot (whose contact details will be set out in the pricing text/email) by 1pm on the day after the day we sent the email / text to you. If you don’t cancel by 1pm then we will deliver as normal. Only contact us if you wish to cancel your next delivery.
6.9 Within 7 days from the date of delivery, you may contact us to ask about the price per litre which we applied and, upon request, we will recalculate the cost of your delivery using the average price per litre paid for one-off orders in your area on the same delivery date and, if this would be lower, we will change your invoice to match.
6.10 The Planned Delivery Services give you additional benefits of security of supply and the convenience of not having to place separate orders. As a result, the Unit Price and Net Price for Planned Delivery Services can be higher than those for normal one-off orders to cover the benefits to you and the extra administrative costs we incur in providing these Services.
6.11 Whenever we make a delivery to you pursuant to the Planned Delivery Services our driver will leave a meter stamped delivery note which sets out the applicable Unit Price and the delivery volume. In the absence of any clear evidence to the contrary, the volumes shown on this note will be deemed to be the quantity of the Fuels that we delivered to you.
7. HOW DO YOU PAY?
7.1 Where you are purchasing online, we ask you to pay for your Goods when you place your order.
7.2 Where you are purchasing Fuels or Services by phone, normally, we send you an invoice after delivery of the Fuels and/or the Services. Sometimes, we ask you to pay for Fuels or Services when you place your order.
7.3 If we agree that you don’t need to pay in advance, you must pay the amount on the invoice within 14 days’ of receipt, unless we agree something else.
7.4 Payments for Goods can be made by credit, debit, charge card, cheque or via internet or telephone banking unless otherwise agreed. For purchases by phone we may also accept cash (up to the value of £3000). If you pay using a credit card then we will charge you a reasonable card processing fee to cover
our costs and the fees we incur from the credit card companies. Any credit card charge will be made clear to you at the time of order and will be shown on your invoice (where applicable).
7.5 Planned Delivery Services can be paid for by variable direct debit or the Budget Payment Scheme (see below).
Can We Help You Manage Your Budgets for Fuels?
7.6 Our Easy Payment Plan enables you to pay a monthly charge for the supply of Fuels for a 12 month period, to help you to better manage what you spend.
7.7 When you complete the form to receive the Planned Delivery Services and set up the Easy Payment Plan we ask you about your property to estimate your likely annual consumption of the Fuels. We then multiply this figure by an estimated average Unit Price (plus VAT) for the following 12 months which gives an estimated annual charge for the Fuels that you would use if you carry on as normal. This estimated annual Charge is then split into 12 equal parts to which gives a “Monthly Charge”. We will take the Monthly Charge from your bank account under a direct debit mandate which you complete with your application form. This Scheme is not open to anyone who owes us money unless you pay that money in full or we agree to other arrangements for the payment of that money. Any repayment arrangements will not affect our right to demand full payment for unpaid money immediately at any time.
7.8 We will monitor your use of the Fuels as part of our Planned Delivery Service and if we think that your use of the Fuels means that we need to vary the Monthly Charges we will tell you and will change the Monthly Charge.
7.9 Either you or we can cancel the Easy Payment Plan (and the related direct debit) by telling the other in writing one month before you/we want it to end. If the Easy Payment Plan is cancelled we will increase or decrease your last Monthly Charge to include any extra amount / refund needed so that the Monthly Charges match the Fuels you have received under the Planned Delivery Services. If you cancel the Planned Delivery Service, this Easy Payment Plan will automatically end at the same time.
8. WHAT HAPPENS IF YOU DON’T PAY ON TIME?
8.1 If you do not pay us on time (or if your direct debit is returned unpaid by your bank or is otherwise late) we may do any or all of the following:
• cancel or suspend the contract (and any other contracts we have with you);
• withdraw any current quotations or refuse to accept any further orders from you;
• cancel any discount we previously offered to you under the contract;
• without telling you suspend or cancel delivery of the Goods (and/or performance of the Services) under the contract, and any other contract, until you pay the amounts you owe us in full; and/or
• require you to pay interest on the outstanding amount, calculated on a daily basis from the due date for payment up to the date of actual payment, at the rate of 4% above the base lending rate of Natwest Bank from time to time. You must pay us this interest on top of the late payment.
9. CAN YOU CANCEL AND RECEIVE A REFUND?
You’ve Changed Your Mind and Want to Cancel
9.1 You can cancel any order for Fuels on any day prior to the date of delivery. You need to call your depot or send the attached cancellation form by fax or email to confirm you don’t want the Fuels. If our tanker is already on the way to you on the date agreed with you then we may charge you £1.77 per mile which is the cost to us of the wasted journey.
9.2 You can cancel an order for Goods (including Fuels in barrels but excluding other Fuels) or Services as follows:
• for Goods (including Fuels in barrels but excluding other Fuels) – within 14 days beginning on the day after you received the last of the Goods in your order, if the Goods have not been tampered with;
• for Services - within 14 days beginning on the day after the contract was concluded under section 4.3.
We are sorry but for Fuels dispenses direct into your tank, once our Fuel is delivered you cannot cancel your order.
9.3 To cancel your order for Goods (including Fuels in barrels but excluding other Fuels), you must tell us that you want to cancel either by;
a) completing and sending us the cancellation form [which you can find on our website at www.certasenergy.co.uk (and enclosed in the welcome pack for Fuels Services customers)]; or
b) writing to us at 302 Bridgewater Place, Birchwood, Warrington, Cheshire, WA3 6XG, by email to email@example.com. To meet the cancellation deadline, it is sufficient for you to send us your cancellation notice before the cancellation period has expired.
9.4 If you cancel an order for Goods (other than Fuels), we will reimburse to you all payments received from you including the costs of delivery (except for any additional cost arising if you chose a type of delivery other than the least expensive we offer). We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. You must return any cancelled Goods you have received to us without undue delay and in any event not later than 14 days from the day on which you tell us you want to cancel. The deadline is met if you send back the Goods before the 14 days has expired. You will have to bear the direct cost of returning any Goods. Where Goods cannot be returned by post we will confirm return charges before entering the contract with you.
9.5 If you cancel an order for Services, we will repay to you all payments received from you except those set out in section 9.6.
9.6 We will not start any Services during the cancellation period set out in section 9.1 unless you clearly ask us to. You can ask us either by telephone or in writing. If you ask us to start any Services during the cancellation period, you must pay us for Services provided up to the time you cancel. You must pay an amount which is in proportion to what we have done, in comparison with everything due under the contract.
9.7 We will repay you without unnecessary delay and within:
• 14 days after the day we receive back from you any Goods supplied; or
• if earlier, 14 days after the day you provide evidence that you have returned the Goods; or
• if no Goods are supplied, within 14 days from the day you told us you want to cancel.
If you have not yet paid for your cancelled order, then we will simply not charge you for it.
9.8 Where we repay you, we will use the same method of payment you used to pay (unless you agree otherwise); we will not charge you any fees to repay you. If we are allowed to charge you for any Services under section 9.6 we may either take this out of what we repay you or ask you to pay the amount to us.
What If You Are Not Happy with the Goods/Services?
9.9 We do our best to get things right and provide our Services with reasonable skill and care.
9.10 The Goods you receive will be what we have agreed to supply when you place your order. The law says that the Goods must be as set out in the contract.
9.11 We promise to you that the Goods will:
• match the description we may have given you;
• be of satisfactory quality;
• be fit for their purpose; and
• meet all applicable legal requirements.
This promise (also known as a warranty) will also apply to replacement Goods that we provide under section 9.14
9.12 The warranties in section 9.11 do not apply to any problem caused by your (or someone else’s) negligence, failure to follow our instructions for storage, use or maintenance of the Goods or if you make any use of the Goods after realising that there is a problem with them or if you alter, modify, mishandle or try to solve the problem with the Goods without our agreement beforehand.
9.13 If you are worried about the Goods or Services we have supplied, please call Customer Services who will do their best to help you.
9.14 If the Goods do not meet the promises in section 9.11 you can tell us if you want us to replace the Goods or give you a credit note or refund at the Unit Price (plus VAT). You should tell us in writing about the problem under section 9.11 within one week of discovering the problem. We may request that you send us reasonable evidence of any Goods affected by the problem.
9.15 The guarantees provided above are in addition to your legal rights about goods that are faulty or not as described or services that are performed poorly. If you feel you need help contact your local Citizens Advice Bureau or Trading Standards office.
10. WHAT DOES CERTAS ENERGY DO IF SOMETHING IS WRONG?
10.1 If we don’t do what we say we will in these terms and conditions, we will only have to pay you the purchase price of the Goods and/or Services and other costs you have to pay because of what we have or haven’t done and where a reasonable person would expect you to have to pay those costs because of what we did / didn’t do.
10.2 Nothing in these terms and conditions excludes or limits our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (this is about our ownership of the goods / Fuels);
• defective products under the Consumer Protection Act 1987; or
• any other matter for which the law does not allow us to exclude or attempt to exclude our liability.
11. ADDITIONAL IMPORTANT INFORMATION
11.1 Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable). Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.
11.2 We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above).
11.3 All aspects of the contract formed in respect of your use of our site shall be governed by English law and the parties agree to the non-exclusive jurisdiction of the English courts. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction.
12. WE WANT TO HEAR FROM YOU
12.1 We always like to hear from our customers whether it is good news or a problem you need us to solve. Our Customer Services team is ready for your call on 0800 0854 818 between the hours of 8:30pm - 5:00pm Monday to Friday. Calls may be recorded for training purposes. Alternatively, please
email us at firstname.lastname@example.org or write to us at Customer Relations, 302 Bridgewater Place, Birchwood Park, Warrington, Cheshire, WA3 6XG.
12.2 We will respond to you within 3 working days to acknowledge your call or email. Sometimes, it may take a little longer to follow up with a detailed response but we will always try to do this within 15 working days of your first contact with our Customer Relations Team.
13. INFORMATION ABOUT US
Our full legal name is Certas Energy UK Ltd. We are a company registered in England and Wales. Our company number is 4168225 and our registered address is 302 Bridgewater Place, Birchwood Park, Warrington, Cheshire, WA3 6XG. Our VAT number is 844 2834 19.
14. ALTERNATIVE DISPUTE RESOLUTION
In the unlikely event that our customer services team is unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may refer your complaint to The Retail Ombudsman which is a certified Alternative Dispute Resolution Provider. We will respond to any complaint referred to us by them.
The Retail Ombudsman, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP Email: email@example.com Web: www.theretailombudsman.org.uk Tel: +44 20 3540 8063
Alternatively, you may also lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr.
1. To lodge a complaint with The Retail Ombudsman or the EU Online Dispute Resolution platform you will need to have given us at least 8 weeks to resolve your complaint or have been provided with a deadlock letter by us (which provides our final response in relation to your complaint); and
2. Following submission of your complaint on the EU platform you will be directed to The Retail Ombudsman. You may therefore prefer to refer your complaint direct to The Retail Ombudsman to avoid delay.
Last revision date: May 2016