Terms of Use, Disclaimer & Legal Notice
BoilerJuice
These Conditions form the basis of the Contract that will govern our dealings with you. They apply to the supply of Goods (and Services) by us and/or the Suppliers as appropriate to both Business Customers (as defined) and Domestic Customers (as defined). Please read the definitions below carefully to identify on what basis you are contracting with us. 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.ie)
We draw the attention of all our customers in particular to Conditions 3.17 and 4.6 which set out provisions relating to your potential liability to us and/or the Supplier and our/the Supplier's potential liability to you under each Contract (as defined)
1. Definitions
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 Bankside 300, Peachman Way, Broadland Business Park, Norwich NR7 0LB
"you" or "your": the person, company or other type of organisation that enters into a Contract to purchase Goods (and Services) from us and/or the Supplier as appropriate (and who will be either a Business Customer or a Domestic Customer);
"Boilerjuice" means our website at www.boilerjuice.ie, and the services which are (from time to time) accessible at our website.
"Business Customer": any customer that is ordering or receiving Goods (and Services) whilst acting in the course of his trade, business, craft or profession;
"Charges": has the meaning set out in Condition 6.1;
"Conditions": means these Terms & Conditions;
"Contract": contract under which the Supplier shall supply Goods to you pursuant to, in accordance with and subject to the Supply 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. If you are buying heating fuels for your home then you are likely to be a Domestic Customer;
"Goods": any home heating oil or red diesel that a Supplier agrees in a Contract to supply to you;
"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 any order placed by you for Goods with a Supplier;
"Participating Suppliers" means the fuel supply companies on our systems whose prices are entered in order to provide quotes to you in respect of the Goods;
"Services": means the services we provide in identifying the best quote from those provided by the Participating Suppliers so as to identify the cheapest supplier of the required Goods from amongst the Participating Suppliers (as more fully described in Condition 2);
"Supplier": means the fuel supply company that 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;
2. BoilerJuice
This Condition 2 shall apply to your use of Boilerjuice and our Services and to all purchases of Goods made by you under Conditions 3 and 4 of these Conditions.
2.1 These Conditions apply to all orders placed by you and/or all Services (or goods) provided by us (or any Supplier) through or pursuant to Boilerjuice, including any orders placed by telephone.
2.2 Boilerjuice is a website that we make available to persons requiring home heating oil and/or red diesel, which enables them to obtain a quote for the required volume of Goods and (if the user wishes to do so) to place an order for those Goods with the relevant Supplier.
2.3 BoilerJuice is wholly owned by Welsummer Ltd.
2.4 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.
2.5 Access to Boilerjuice is not guaranteed and we reserve the right to withdraw or amend the Services and Goods provided through Boilerjuice and/or your access to it at any time and without notice. We accept no liability if for any reason Boilerjuice is unavailable at any time or for any period.
2.6 We update Boilerjuice from time to time (though we do not guarantee that any information on Boilerjuice will be up-to-date or have been maintained) and we may change the content and features at any time. Boilerjuice will, from time to time, be unavailable, as a result of planned or unplanned maintenance or amendments.
2.7 Commentary and other materials posted on or accessible through Boilerjuice are provided for general information purposes only and are not intended to amount to advice on which reliance should be placed. We are not responsible for any reliance placed by you on such materials, or by anyone who may be informed of any of its contents.
2.8 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.
2.9 We may, at any time and without notice to you: (i) change any of the advertising or product information materials referred to in Condition 2.8; (ii) make changes to the specification of the Goods that we believe are necessary to ensure that they conform to any applicable safety or statutory requirements; and/or (iii) 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).
2.10 We are not responsible for any third party content which may be accessed from any links on Boilerjuice.
2.11 We will process information about you in accordance with its privacy policy at http://www.boilerjuice.com/Privacy_2.html. By using Boilerjuice, you consent to such processing and warrant that all data you provide is true and accurate in all material respects.
2.12 You must not misuse Boilerjuice by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Boilerjuice, the server on which Boilerjuice is hosted or any server, computer or database connected to Boilerjuice.
2.13 All intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trade marks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this website (including information, content, material or data displayed on it) belong to us (or our licensors) and all such rights are reserved.
2.14 Except as set out elsewhere in these terms and conditions, none of the intellectual property rights belonging to us and relating to Boilerjuice (including information, content, material or data displayed on it) may be used, or published, extracted, utilised, transmitted, displayed, sold, excerpted, reverse engineered, made available, reformatted or distributed without our prior written consent.
3. Terms & Conditions for the purchase of Goods from a Supplier
BoilerJuice Membership
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 or the savings scheme process
The Service
3.3 We are not a fuel distribution company and we do not supply the Goods. We provide a free online service to enable you to get quotes from Participating Suppliers in respect of the required Goods. 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 requirements and location into Boilerjuice;
3.3.2 We search our database to find you the best prices available from amongst the Participating Suppliers and the best offer is then displayed on Boilerjuice;
3.3.3 By participating in Boilerjuice the Participating Suppliers are offering to supply the relevant Goods to you at the price indicated (subject to the terms of the Supplier Conditions);
3.3.4 Subject to Condition 3.7, if you accept the price offered then you indicate your acceptance by completing the online order form on Boilerjuice (or calling our telephone sales team) in respect of the relevant offer, at which point the Contract between you and (what is now) the Supplier to purchase the indicated volume of Goods is (subject to the Supplier Conditions) formed. Note that there is no obligation on you to accept any quote from Participating Suppliers in your area;
3.3.5 You will pay us (on behalf of the Supplier) for the Goods as indicated on Boilerjuice;
3.3.6 We will pass your details (name, address and contact details, but not, payment information) on to the relevant Supplier so that they can effect the relevant delivery of Goods (in accordance with the Supplier Conditions). We will send you an email confirming the sale and the price, and the estimated delivery date]; and
3.3.7 Once the Goods have been delivered we will pass your payment on to the relevant Supplier.
3.4 We do not act as an agent, auctioneer or an intermediary between you and the Supplier and we cannot accept any liability under the Contract formed between you and the Supplier.
3.5 If you choose to pay for your order using a credit card then we reserve the right to charge you a reasonable card processing fee (as detailed in the payments section of Boilerjuice) to cover our costs and the fees we incur from credit card companies. There are no card processing charges in respect of payments made via debit cards.
3.6 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 order is delivered. If you reject the revised price then the order will be cancelled. We accept no liability for any inconvenience or costs incurred by you as a result of out of date or incorrect prices.
3.7 The Contract for the supply of the Goods is between you and the Supplier. We are not responsible for the Goods, including any issues relating to the delivery of the Goods.
3.8 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.
3.9 You acknowledge that responsibility for all aspects of quality, safety and accuracy of the home heating oil and/ gas oil (as appropriate) and the delivery service rests with the Supplier and not with us.
Your obligations
3.10 When placing an order for Goods through Boilerjuice, you must:
3.10.1 provide information about any special delivery conditions or requirements at the time the order is placed;
3.10.2 use your best efforts to ensure that the relevant Supplier will have safe and reasonable access to the delivery location in order that the delivery can be made; and
3.10.3 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.
3.11 A refund will be made to your card where the volume of the Goods delivered was less than that ordered once the delivery has been confirmed by the Supplier.
3.12 Where the Supplier has not been able to deliver the full order volume of the Goods because the ordered volume 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 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.
BoilerJuice's Liability
Your attention is particularly drawn to this Condition. This section of the Conditions shall apply to your use of Boilerjuice in accordance with Condition 2 and the facilitation by us of your purchases of Goods under Condition 3.
3.13 Subject to Conditions 3.16 and 3.18, if there is any claim relating to your use of Boilerjuice or our provision (or your receipt) of the Services, neither you nor we shall be responsible for any losses that the other suffers as a result, except for those losses which (for Domestic Customers) are a foreseeable consequence of the failure to comply with these Conditions or (for Business Customers) are direct losses.
3.14 Subject to Condition 3.18, neither you nor we shall be responsible for losses in connection with the Services (or otherwise) which fall into the following categories:
3.14.1 loss of income or revenue;
3.14.2 loss of profit;
3.14.3 loss of business;
3.14.4 loss of anticipated savings; or
3.14.5 any waste of time.
3.15 Business customers only: subject to Condition 3.18, our total liability to you in contract, tort (including breach of statutory duty or negligence), misrepresentation, restitution or otherwise arising out of or in connection with the performance or contemplated performance of the Contract shall be limited to 200% of the charge which we receive from the Supplier in connection with your order.
3.16 Nothing in these Conditions excludes or limits in any way our liability for:
3.16.1 death or personal injury caused by our negligence;
3.16.2 fraud or fraudulent misrepresentation;
3.16.3 any breach of the obligations implied by law that we own the Goods and that we are 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);
3.16.4 (for Domestic Customers only) defective products under the Consumer Protection Act 1987; or
3.16.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
3.17 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 via Boilerjuice and whilst we may agree to assist in resolving any issues which have arisen in connection with an order for Goods, 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 under the Contract.
3.18 It is your responsibility to satisfy yourself that you wish to purchase the Goods under the Supplier Conditions.
4. General
4.1 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.
4.2 Notices
All notices given by you to us must be given to BoilerJuice Limited at customer.services@boilerjuice.ie or Boilerjuice Limited, PO Box 86, Fakenham, Norfolk NR21 1AJ. 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.
4.3 Transfer of Rights and Obligations
4.3.1 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of its rights or obligations arising under it, at any time during the term of the relevant contract.
4.4 Events outside BoilerJuice's control
4.4.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (each a "Force Majeure Event").
4.4.2 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:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
4.4.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance 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 its obligations under the contract may be performed despite the Force Majeure Event.
4.5 Waiver
4.5.1 If we fail, at any time, to insist upon strict performance of any of your obligations under the contract or in connection with these Conditions, 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.
4.5.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
4.5.3 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.
4.6 Severability
If any of these Conditions or any provisions of a contract concluded via 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.
4.7 Entire Agreement
4.7.1 These Conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and us relating to the subject matter of any relevant contract.
4.7.2 You and we both acknowledge that, in entering into a contract for the sale of Products, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
4.7.3 You and we both agree that the only respective liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.
4.7.4 Nothing in this Condition limits or excludes any liability for fraud.
4.8 Law and Jurisdiction
Any dispute or claim arising out of or in connection with these Conditions and any contract formed thereunder will be governed by English Law and will be subject to the non exclusive jurisdiction of the courts of England and Wales.
Schedule 1
Supplier Conditions
These Supplier Conditions form the basis of the Contract that will govern the Supplier's dealings with you. They apply to the supply of Goods (and Services) to both Business Customers (as defined) and Domestic Customers (as defined). Please read the definitions below carefully to identify on what basis you are contracting with the Supplier. If you are unsure then ask the Supplier or 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 Conditions may be obtained at any time from the Boilerjuice website (www.boilerjuice.ie).
The Supplier draws your attention in particular to Conditions 8 and 10 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 Conditions:
"you" or "your": the person, company or other type of organisation that enters into a Contract to purchase Goods (and Services) from the Supplier (and who will be either a Business Customer or a Domestic Customer);
"Supplier": the Supplier of the Goods as notified to you by Boilerjuice;
"Boilerjuice": means the website operated by Boilerjuice Limited;
"Business Customer": any customer that is ordering or receiving Goods (and Services) whilst acting in the course of his trade, business, craft or profession;
"Charges": has the meaning set out in Condition 6.1;
"Supplier Conditions": means these Terms & Conditions of Sale which govern the Contract;
"Contract": contract under which the Supplier will supply Goods (and Services) 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. If you are buying heating fuels for your home then you are likely to be a Domestic Customer;
"Goods": the domestic heating oil that the Supplier has agreed to supply to you and as ordered by you through Boilerjuice;
"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; and
"Services": means the delivery of the Goods by the Supplier (or a third party on the Supplier's behalf) to you.
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 2.2 and 2.3, these Supplier Conditions apply to all Contracts and set out the whole 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 purchase 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 set out below.
2.2 Any variation to these Supplier Conditions, and any representation about the Goods and/or Services, 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 The price payable by you to the Supplier (payment to be made via Boilerjuice) for the Goods shall be the price as set out on Boilerjuice at the time you placed your order.
2.4 A Contract is formed (and these Supplier Conditions become binding on you) when you confirm on Boilerjuice that you have accepted a particular quote (each of which is an offer to supply the relevant Goods at the price stated and subject to these Supplier Conditions). Each order which you place through Boilerjuice shall form a separate Contract.
3. Description
3.1 The description of the Goods (and Services) shall be as set out on Boilerjuice.
4. Delivery
4.1 Unless otherwise agreed in writing, the Supplier will deliver the Goods to you at your premises or (if different) the address which you have specified for delivery on Boilerjuice.
4.2 Delivery of the Goods (and performance of the Services will be deemed to have taken place 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 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 are 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.
4.4 You must in respect of each delivery of the Goods:
(a) 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 volume in tank before and during delivery and complies with any and all applicable laws and regulations. If the Supplier finds on delivery that they are unable to safely access the tank or the Supplier deems the tank to be unsafe you will be charged an aborted delivery fee.
(b) 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;
(c) indicate to the Supplier the correct fill point in respect of your tanks (and note that the Supplier are not responsible for dipping, checking or testing your tank(s));
(d) 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;
(e) 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;
(f) 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;
(g) 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);
(h) 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
(i) where the Dangerous Substances (Conveyance by Road, Tanker and Tank Containers) Regulations 1981 (‘the Regulations') and/or any regulations amending or replacing the same apply, ensure that such regulations are complied with before and during delivery and in particular ensure the strict observance of regulation 20(1) and Schedule 4 of the Regulations.
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, quantity and description of the Goods delivered (and Services provided) 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 (and Services performed). 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 4.6 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 when they attempt delivery there will be an aborted delivery charge made to you.
4.7 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 the Supplier shall have no liability to you for late delivery.
4.8 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.
4.9 Following receipt of a notice from you in accordance with Condition 4.8, the Supplier shall, either (i) remove the relevant Goods 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.
4.10 Subject to Condition 4.7, if the Supplier fail 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 provided that 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.
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. Charges
6.1 Subject to the remaining terms of this Condition 6, the amount the Supplier will charge you for the Goods (and Services) the Supplier provide (the "Charges") shall be the price (including the "per litre" price, the "Unit Price") set out on Boilerjuice at the time you placed 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 valid and can be accepted only 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 a quotation being accepted. 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).
6.7 Card Processing Charges: If you choose to pay any Charges using a credit card then the Supplier (through Boilerjuice) reserve the right to charge you a reasonable card processing fee (as detailed on the back of your payment invoice) to cover the Supplier's costs and the fees the Supplier incur from the credit card companies. There are no card processing charges in respect of payments made via debit cards.
7. Payment
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 (and until such time as payment is received, the Supplier may without notice suspend or cancel delivery of the Goods (and/ or performance of the Services) under the relevant Contract, and any other Contract).
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. Warranties
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 give 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, and for a period of 12 months from the date of delivery, the Goods and Services shall:
(a) conform in all material respects with their description (as provided on Boilerjuice and/or delivery documentation);
(b) be of satisfactory quality;
(c) be fit for any reasonable purpose for which you use the Goods;
(d) be free from material defects in design, material and workmanship;
(e) (in respect of any Services only) be provided with reasonable care and skill; and
(f) comply with all applicable statutory and regulatory requirements for selling the Goods and/or providing the Services 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 9.4 and 9.5, if the relevant Goods do not conform with the warranty in Condition 9.1 (if you are a Business Customer) or the warranties in Conditions 9.1 or 9.2 (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 9.1 and 9.2 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 9.3 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 9.3.
10. Limitation of Liability
10.1 Subject to Conditions 10.2 and 10.4, if there is any breach of the Contract, neither you nor the Supplier shall be responsible for any losses that the other suffers as a result, except for those losses which (for Domestic Customers) are a foreseeable consequence of the failure to comply with these Supplier Conditions or (for Business Customers) are direct losses.
10.2 Subject to Condition 10.4, neither you nor the Supplier shall be responsible for losses that result from a failure to comply with the Contract which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings; or
(e) any waste of time.
However, this Condition 10.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
10.3 Business Customers only: subject to Condition 10.4, the Supplier's total liability to you in contract, tort (including breach of statutory duty or negligence), misrepresentation, restitution or otherwise arising out of or in connection with the performance or contemplated performance of 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 percent) 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 percent) of the Charges or £5,000 (whichever is the greater).
10.4 Nothing in the Contract (including anything in these Supplier Conditions) excludes or limits in any way the Supplier's liability for:
(a) death or personal injury caused by the Supplier's negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by law that the Supplier own the Goods and that the Supplier are able to pass owners hip 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);
(d) (for Domestic Customers only) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for the Supplier to exclude or attempt to exclude the Supplier's liability.
11. Events outside the Supplier's control
11.1 Subject to Condition 10.4, 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, flood, epidemic, labour disputes (other than in relation to the Supplier's own workforce) 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 Fore 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. Cancellation and returns
12.1 You have the right to cancel a Contract by serving written notice on the Supplier at any time prior to the Supplier's carrier leaving the Supplier's premises to fulfil your order provided that the Supplier reserves the right to charge you a reasonable sum in respect of any Goods held specifically to meet the Contract, or which the Supplier is committed to acquire or hold ready to supply under the Contract, and/or for any costs associated with the cancellation, subject to the Supplier using the Supplier's reasonable efforts to allocate such Goods elsewhere and otherwise to mitigate the Supplier's losses.
12.2 The Supplier will accept the return of Goods from you provided that you pay the Supplier's reasonable costs incurred in receiving and checking the Goods (save where the Goods are defective and subject to Condition 9) and the Goods are as fit for sale on their return as they were on delivery.
13. General
13.1 The provisions of Conditions 7, 8, 9 and 10 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 13.6, 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 non-exclusive jurisdiction of the English courts.
13.8 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.
© BoilerJuice Ltd. All Rights Reserved.
Registerd Office: Suite 1 Clare Hall St. Ives Business Park, Parsons Green,
St. Ives, Cambridgeshire, England, PE27 4WY.
Registered in England (Company No: 5345637)
BoilerJuice is a wholly owned subsidiary of Welsummer Limited