Terms & Conditions

Please take time to read these terms and conditions as it is important for both parties that you understand our contractual relationship relating to the service and products we supply.


The following conditions of sale are deemed to be incorporated in all contracts for the supply and sales of Goods by Heating Oil or any of its subsidiary or associated companies. Acceptance of this or any future deliveries will be treated as an acceptance of these terms and conditions unless otherwise agree in writing.


Interpretation


1. In these conditions, reference to the following shall mean:
“Heating Oil” Heatingoil.co.uk together with any holding subsidiary or associated companies
“Customer” the person(s), firm or company who purchases Goods from Heating Oil
“Goods” any fuel, product, article or any other such commodity purchased under these terms and conditions by the Customer and such terms shall be used interchangeably as the context so requires
“Order” any order placed by you for the Goods which shall be covered by these conditions
“Website” the internet site for Heating Oil
“You” the Customer and such phrases shall be used interchangeably
In these conditions references to any statute or statutory provisions shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
In these conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.


The Contract between us


2. Subject to any variation under these conditions the Order will be on these conditions to the exclusion of all other terms and conditions. Heating Oil shall not be bound by any terms or conditions set out in any Customer’s Orders which are inconsistent with these conditions and the Customer’s acceptance of Goods or services shall be deemed to be acceptance of these conditions.

3. These conditions apply to all Heating Oil’s sales and set out the entire agreement between Heating Oil and the Customer. Any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by an authorised representative of Heating Oil.

4. Each Order for Goods by the Customer from Heating Oil shall be deemed to be an offer by the Customer to purchase Goods subject to these conditions.

5. No order placed by the Customer shall be deemed to be accepted by Heating Oil until a written acknowledgement of order is issued by Heating Oil or (if earlier) Heating Oil delivers the Goods to the Customer in accordance with condition 12 below.

6. Acceptance and completion of an Order by Heating Oil is subject always to the Goods which have been ordered being available.

7. The Customer must ensure that the terms of its Order and any applicable specification and/or quantities are complete and accurate and the Customer must ensure that it has capacity to take delivery of the quantity of Goods ordered.


Price

8. Heating Oil purchases fuel continuously throughout the day therefore a given price is unlikely to stay constant for the remainder of the day due to fluctuations in the oil market. Once a price is obtained through the Website it must be ordered at that particular point by you the Customer to ensure you receive that price and delivery day. When ordering, you warrant that you are providing Heating Oil with sufficient and correct information to allow Heating Oil to supply the Goods in accordance with these conditions.


9. Any quotation is given on the basis that no contract will come into existence until Heating Oil despatches an acknowledgement of order to the Buyer or Heating Oil delivers the Goods to the Buyer, whichever is the earlier. Any quotation is valid for the period as stated by Heating Oil at the time the quotation is given, provided that Heating Oil has not previously withdrawn it.


10. Heating Oil will deliver all Orders at the price indicated at the time of acceptance of the Customer's Order.


Delivery of Goods

11. Unless otherwise agreed in writing by Heating Oil, delivery of the Goods shall take place at the Customer’s premises.

12. The Goods will be dispatched by any means of transport Heating Oil shall decide unless otherwise agreed in writing and shall be deemed to be delivered at the time of unloading.

13. Any dates or times specified by Heating Oil for delivery of the Goods are intended to be an estimate and time for delivery shall not under any circumstances be made of the essence of the contract by notice or otherwise. If no dates or times are so specified, delivery will be within a reasonable time.

14. Subject to the other provisions of these conditions Heating Oil will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Heating Oil’s negligence), nor will any delay entitle the Customer to terminate or rescind the Order unless such delay exceeds 14 (fourteen) days.

15. The Customer shall ensure that Heating Oil and its employees, agents, subcontractors and vehicles have full and free access to the storage facilities to which Goods are to be delivered. The Customer is responsible to provide suitable tanks or containers for the purpose of storing the Goods supplied and to ensure that the size of such tanks or containers will accommodate the full quantity being delivered as Heating Oil will not be held liable for any spillages as a result of over ordering.

16. If for any reason the Customer will not accept delivery of any of the Goods when they are ready for delivery, or Heating Oil is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, adequate, safe and appropriate equipment, competent manual labour, documents, licences or authorisations or the Customer does not have capacity to accept full delivery of the Goods:

(a) risk in the Goods will pass to the Customer (including for loss or damage caused by Heating Oil’s negligence);

(b) the Goods will be deemed to have been delivered;

(c) Heating Oil may store the Goods until delivery whereupon the Customer will be liable for all related costs and expenses (including, without limitation, storage and insurance); and

(d) Heating Oil reserves the right to charge the Customer an additional fee.


17. The Customer or the Customer’s representative, shall sign such documents as Heating Oil reasonably requires to acknowledge receipt of the delivery of the Goods.

18. Heating Oil may deliver the Goods by separate instalments and such delivery by instalments shall not entitle the Customer to rescind or terminate the Order.

19. Delivery of the Goods will take place on a day selected by Heating Oil. Should this request not be carried out due to circumstances beyond our control, you will be informed of any change/re-arranged delivery schedule by Heating Oil by either telephone or e mail.

20. The quantity of any consignment of Goods as recorded by Heating Oil on the bill of lading issued upon dispatch from Heating Oil’s place of business or Heating Oil’s supplier’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.


21. Subject to condition 20 above, you as the Customer choose the amount of fuel to purchase and the amount so ordered will be paid for by you regardless of whether an incorrect quantity of fuel has been delivered due to incorrect quantitys ordered by you. You understand that any Goods delivered in excess of that required by you due to an error in your ordering will be returned to Heating Oil and you waive any right to claim that fuel or any funds paid in respect of that returned fuel. If, however, an incorrect amount of fuel is delivered due to an error by Heating Oil, Heating Oil will rectify the mistake.

22. Heating Oil shall not be liable for any non-delivery of Goods or damage to the Goods in transit (even if caused by Heating Oil’s negligence or the carrier’s negligence) unless written notice is given to Heating Oil within 48 hours of the time when the Goods would in the ordinary course of events have been received.

23. Heating Oil shall not be liable under any circumstances for consequential loss (which includes without limitation loss of profits, loss of business, depletion of goodwill and like loss) arising from non-delivery of the Goods or damage to the Goods in transit.

24. The Goods are at the risk of the Customer from the time of delivery.


Ownership

25. Ownership of the Goods shall not pass to the Customer until Heating Oil has received in full (in cleared funds) all sums due to it in respect of:

(a) the Goods; and

(b) all other sums which are or which become due to Heating Oil from the Customer on any account.


26. Until ownership of the Goods has passed to the Customer, the Customer must:

(a) hold the Goods on a fiduciary basis as Heating Oil’s bailee;
(b) store the Goods (at no cost to Heating Oil) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as Heating Oil’s property as far as is reasonably practicable;

(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;

(d) maintain the Goods in satisfactory condition and keep them insured on Heating Oil’s behalf for their full price against all risks to the reasonable satisfaction of Heating Oil. Heating Oil’s interest must be noted on the Customer’s policy of insurance and on request the Customer shall produce the policy of insurance to Heating Oil; and

(e) hold the proceeds of the insurance referred to above on trust for Heating Oil and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.


27. For the purpose of section 12 of the Sale of Goods Act 1979, Heating Oil shall transfer only such title or rights in respect of the Goods as Heating Oil has.


Payment

28. Payment terms are cleared funds only by either credit/debit card supplied at the time of Order and such payment is to be in GBP sterling. Delivery will not be made until the payment has been authorised.


29. Prices quoted by Heating Oil or comprised in any Order are exclusive of VAT and based on the prices ruling at the time of Order.


30. Time for payment shall be of the essence.


31. No payment shall be deemed to have been received until Heating Oil has received cleared funds.


32. No disputes as to quality or performance of the Goods or services shall entitle the Customer to delay payment unless Heating Oil has agreed in writing liability thereon in an agreed sum.


33. All bank charges associated with payment for Goods shall be charged to the Customer.

34. If the Customer orders more fuel than the tank can hold, credits may be issued to the Customer's heatingoil.co.uk account, as set out by the following conditions:

(a)      No credits will be paid if the total volume delivered is less than 500 litres

(b)      No credit will be issued if the total credit owed is less than £25

(c)      £10 administration fee will be charged to all Customers receiving a credit due to over-estimating the volume of oil required

Heating Oil reserves the right to refuse credits or refunds and is under no obligation to issue credits or refunds where the Customer has ordered a volume greater than heatingoil.co.uk is able to put into the tank.


Liability


35. The following provisions set out the entire financial liability of Heating Oil (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

(a) any breach of these Conditions; and

(b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Order.


36. All warranties, Conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Order.

37. Nothing in these conditions excludes or limits the liability of Heating Oil for death or personal injury caused by Heating Oil’s negligence or fraudulent misrepresentation.

38. Subject to conditions 35 and 36:

(a) Heating Oil’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Order shall be limited to the pro rata Order price in relation to the defective Goods or part or parts of them; and

(b) Heating Oil shall in no case be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation or for any legal liability of the Customer to a third party whatsoever (howsoever caused) which arise out of or in connection with the Order.


39. The Customer should check that their own property and liability insurance covers any liability of the Customer referred to in condition 37(b) and in particular, risks from the Goods supplied by Heating Oil to the Customer.

Right for the Customer to cancel the Order

40. The Customer may cancel the Order for the Goods they order at any time up to the end of the seventh working day from the date the Customer has requested delivery of the ordered Goods. You do not need to give Heating Oil any reason for cancelling your contract but Heating Oil reserves the right to request a reason for Heating Oil's own records. Unless the Customer requests otherwise, the Customer's Heating Oil account will be credited for all cancelled orders. The Customer will be charged a £10 administration fee for all Orders cancelled.

41. To cancel the Order the Customer must notify Heating Oil in writing.

42. If the Customer has received the Goods before they cancel, the Customer must send the Goods back to Heating Oil’s contact address at the Customer’s own cost and risk. If the Customer cancels the Order but Heating Oil has already processed the Goods for delivery, the Customer must not unload the Goods when they are received and the Customer must send the Goods back to Heating Oil at its contact address at the Customer’s own cost and risk as soon as possible.

43. Once the Customer has notified Heating Oil that they are cancelling the Order, any sum debited to Heating Oil from the Customer’s credit/debit card will be re-credited to the Customer’s Heating Oil account as soon as possible and in any event within 30 days of the Order PROVIDED THAT the Goods in question are returned by the Customer and received by Heating Oil in the condition they were in when delivered to the Customer. If the Customer does not return the Goods delivered to them or does not pay the costs of delivery, Heating Oil shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to the Customer.

Cancellation by us

44. Heating Oil reserves the right to cancel the Order if:

44.1 it has insufficient stock to deliver the Goods ordered;

44.2 it does not deliver to the Customer’s area; or

44.3 one or more of the Goods ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Heating Oil from its suppliers.

45. Heating Oil may suspend, vary or terminate the Order immediately without notice if the Customer is in breach of any of its obligations under any of these conditions.

46. If Heating Oil does cancel the Order, it will notify the Customer by e-mail and will re-credit to the Customer’s account any sum deducted by it from the Customer’s credit/debit card as soon as possible but in any event within 30 days of the Order. Heating Oil will not be obliged to offer any additional compensation for disappointment suffered.


Sub-contracting


47. Heating Oil reserves the right to sub-contract the fulfilment of the supply of Goods or any part thereof at its discretion. In such circumstances, you agree to ensure that vehicles and any sub-contractors of Heating Oil have full and free access to the storage facilities to which Goods are to be delivered.
Events beyond our control


48. Heating Oil reserves the right if it decides it to be unreasonable or uneconomical to deliver the whole or any part of an Order for Goods to suspend or delay deliveries giving written notice to the Customer totally or partially or to cancel the Order in whole or in part without any liability to the Customer for failure to deliver or delay in delivery during any period in which it is prevented or hindered or delayed in the carrying on of its business, manufacturing, supplying or delivering by normal route or means of delivery the Goods of the description covered by the Order through any circumstances beyond the reasonable control of Heating Oil or of force majeure.


49. For the purposes of these conditions force majeure shall be deemed to include, but is not limited to acts of God, governmental actions, acts of terrorism, wars, fires, explosions, floods, epidemics, protests, strikes or other labour disputes (whether or not relating to either party’s workforce), riots, civil commotions, lock-outs, accidents, reductions in or unavailability of power or other services at manufacturing plants, breakdowns of plant or machinery, or shortage or unavailability from other normal sources or routes, or supply of adequate or suitable raw materials or restraints or delays affecting carriers and where the Goods are to be or are being supplied through Heating Oil from any other manufacturer or supplier whether within or outside the UK in the event of a reduction or cessation in the availability of the said Goods or any materials or services involved in the manufacture, supply or delivery of the Goods or for any other reason whatsoever beyond the reasonable control of Heating Oil, provided that, if the event in question continues for a continuous period in excess of 14 (fourteen) days, the Customer shall be entitled to give notice in writing to Heating Oil to terminate the Order.


PRIVACY POLICY


50. Heating Oil is committed to ensuring that your privacy is protected.


51. When the Customer buys Goods from the Website and provides its personal data, Heating Oil will need to collect information about the Customer to process the transaction, fulfil the Order and provide the Customer with the services expected then and in the future. The information required will include, but is not limited to, details such as the Customer’s name, address, phone number and credit/debit card details.


52. Heating Oil gathers this information to allow it to process your registration and process any Orders you may make. The relevant information is then used by Heating Oil, our agents and sub-contractors to communicate with you on any matter relating to the conduct of your account and the provision of the Goods or services in general.


53. Heating Oil may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the Website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.


54. By registering with Heating Oil through the Website and placing an Order, you consent to receive from us by e-mail information on any Goods or special offers which we think may be of interest to you. We will not pass your details on to other parties or sell information from this site. You may inform us via the Website [or by telephone] at any time if you wish to be removed from such a mailing list and we will use all reasonable endeavours to remove you from that list.


55. The internet is not a secure medium. However we have put in place various security procedures as set out in this policy. Heating Oil keeps your information confidential. The internal procedures of Heating Oil cover the storage, access and disclosure of your information.


56. If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.


57. You undertake to Heating Oil that the details you give us while using the Website are correct. If there are any changes to the details supplied to us by you, it is your responsibility to inform Heating Oil via our Website [or by telephone] in the event that access to the Website is unavailable.


58. By submitting your information you consent to the use of that information as set out in these conditions. If we change our conditions we will post the changes on this page, and may place notices on other pages of the Website, so that you may be aware of the information we collect and how we use it at all times.


59. Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in these conditions. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.


60. We welcome your views about our Website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to admin@heatingoil.co.uk.


No Warranty


61. Heating Oil does not make any warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties and it is your responsibility to ensure that your virus checking system and any other internet security packages are up to date.


Cookies


62. We may use 'cookies' to facilitate certain interactive elements of the website. These cookies do not store or provide access to any of your personal information.
Invalidity


63. If any provision of these conditions are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unreasonable or unenforceable, it shall to the extent of such illegality, invalidity, voidness, voidability, unreasonableness or unenforceability be deemed severable and the remaining provisions of the Order and the remainder of such provision shall continue in full force and effect.


Third Party Rights


64. You agree that this contract is not intended to be enforceable by any person who is not a party to it by virtue of the Contracts (Rights of Third Parties) Act 1999.
Consumers


65. Nothing within these conditions will affect the statutory rights of a consumer.
Governing Law


66. These conditions and the contract between us shall be governed by and interpreted in accordance with English Law and the English courts shall have jurisdiction to resolve any disputes between us.


67. The registered Head Office of Heatingoil.co.uk is Bowcliffe Hall, Bramham, West Yorkshire, LS23 6LP. Our company number is 00325380. If you have any enquiries please contact us by email at info@heatingoil.co.uk

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