Domestic Terms and Conditions

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 pence per litre price for the Fuels you have ordered excluding VAT.

• Gross Price – the pence per litre 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 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 Fuels to you and then returning any excess 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.