FoxRadar Terms and Conditions
Please retain for your records
Your attention is drawn in particularly to:
- Clause 3.5, which specifies the minimum term of the contract and the early termination fee which you would need to pay if you wish to terminate before the end of the minimum term.
- Clause 8 which specify the limits of our respective liability to each other
1.1 These terms and conditions (the “FoxRadar Certas Energy Terms“) together with our Domestic Terms and Conditions of sale (which can be found at www. certasenergy.co.uk/policies/domestic-terms-conditions) (the “Conditions“) form the basis of the Contract that will govern our provision, and your use of the FoxRadar monitor (the “Device“) and use of the Certas Energy FoxMobile app (“Mobile App”).
1.2 The Contract will apply to the provision of the Device to consumers only (as defined in the Conditions). The latest version of the Conditions may be obtained at any time from our website – if we make any substantial changes to these FoxRadar Certas Energy Terms, we will email them to you.
1.3 Terms and words defined in the Conditions shall have the same meaning when used in these FoxRadar Certas Energy Terms.
2. SUPPLY OF THE DEVICE
2.1 You may request a Device, and/or the Planned Delivery Services, by either telephone, or by email. In both cases, you must provide true and accurate details regarding you and your tank to enable us to supply the Device, and/or the Planned Delivery Services.
2.2 You will receive a welcome email shortly after your request has been received which will contain a summary of your order and a copy of the FoxRadar Certas Energy Terms, together forming “Your Contract”.
2.3 Your Device will arrive separately and will be posted to you by Royal Mail within 5 working days of your request. The Device will be supplied with a set of simple instructions to enable you to install the Device yourself. The contract will be formed once the Device has been installed and activated (“Contract Start Date”).
2.4 We will provide data services to you which includes the monitoring service and mobile connectivity for displaying the fuel levels on the Mobile App (the “Data Services”).
2.5 We will provide the Device and Data Services to you in consideration of the Charges as set out in your Contract (the “Charges”).
2.6 The Device is intended to be installed by you, however, if you have requested that we carry out the installation of your Device, an additional charge will apply (“Installation fee”). You must ensure that you can provide access to your tank on the agreed day to enable such installation to be carried out. If you fail to provide such access, we reserve the right to charge a missed appointment fee of £66 (VAT included) to cover our engineer’s costs.
2.7 All applicable Charges will be as stated to you by telephone at the point of order and/or confirmed in writing to you on or prior to the Contract Start Date. We agree that we will not increase the Charges payable by you for the Minimum Term, as referenced in clause 3.5
2.8 As new products or systems become available, we may, at our discretion, replace any device or system which we have previously installed with an alternative device or system, such replacement device or system then becoming the Device for the purposes of the Contract.
3. OWNERSHIP OF DEVICE AND MINIMUM TERM
3.1 Where you choose to purchase the Device, subject to payment in full of the Charges relating to the Device, and any Installation Fee where applicable, the Device will become your property.
3.2 Where you choose not to purchase the Device, the Device will be provided to you free of charge on loan for the term of the Contract and will always remain the property of Certas Energy, unless agreed otherwise (“Loaned Device”).
3.3 You will become responsible for any loss or damage to the Device (including any Loaned device) on and from the date on which the Device is delivered to you at the address given to us.
3.4 If the Device is to be installed by us, we will use our reasonable efforts to install the Device on the agreed date when requested but cannot guarantee that we will be able to do so. We will do our best to advise you of any anticipated delay(s).
3.5 The minimum term will be as defined in your Contract (“Minimum Term”). If you wish to terminate the Contract prior to the end of the Minimum Term, an early termination fee, shall be payable, calculated in accordance with clause 12.2 below.
3.6 If you fail to return a Loaned Device, you will have to pay a non-return charge, detailed within clause 12.2.3. Payment of the non-return charge does not transfer ownership of loaned device to you, and you are still required to return the loaned equipment to us following reasonable request. If your Data Services end or are restricted, we may disable the relevant Loaned Device to stop it from working.
3.7 You must not dispose of the Loaned Equipment, and you are responsible for taking all reasonable care of it and using it properly for the duration of the Contract.
4. OUR GUARANTEE IN RESPECT OF THE DEVICE
4.1 We have a legal duty to supply products that are in conformity to this Contract. Nothing in these terms shall affect your legal rights.
4.2 We will repair or replace the Loaned Equipment if it becomes faulty during the term of the Contract subject to the exceptions at clause 4.4.
4.3 Subject to the exceptions set out at clause 4.4, we guarantee that the Device will function as promised for a period of two years from the Contract Start Date, but in no event exceeding 24 months from the date you received the Device.
4.4 The guarantee set out in this clause 4 shall not apply where:
4.4.1 The Device has been damaged or incorrectly installed by you or by someone (other than us) at your property; or
4.4.2 The Device has not been used in accordance with the instructions provided; or
4.4.3 The Device was transferred onto a different tank and location without informing us
4.5 If you wish to exercise your rights under this clause 4, please contact us by any of the methods set out in your contract.
5. YOUR USE OF THE APP/ DATA SERVICES
5.1 The use of the Mobile App is subject to conditions of use. The conditions of use will be presented to you during the setup of the Mobile App, and they can be viewed at any time at FoxMobile App Conditions of Use
5.2 During the term of the Contract you will receive the Data Services which will enable you to check the level of your tank. Once you have registered for the Mobile App, we will provide you with individualised information about your heating oil consumption and your heating oil levels. This information is transmitted via the display of the mobile device running the Mobile App, by email to the email address you provide and by message or push notification to the mobile number you provide.
5.3 Any liability for the measured values is excluded, as due to system-related, construction-specific features and temperature-related compensation variables, the determined values are approximate.
5.4 During the term of this agreement, we will endeavour to make all the information available at all times. However, technical problems, planned maintenance windows, or malfunctions caused by external third parties can impair the availability and information content. We assume no liability for such cases.
6. OUR OBLIGATIONS
6.1 During the term of the Contract, we shall supply the Device (or any Loaned Device) , the Data Services and, if applicable, the Planned Delivery Services in accordance with the terms of the Contract.
6.2 If you have agreed for us to provide the Planned Delivery Services, we will monitor the Device (or any Loaned Device) for the purposes of checking the level of fuel in your tank so as to enable us to provide the required Planned Delivery Services to you.
6.3 If you have not signed up for our Planned Delivery Service, we will monitor the Device (or any Loaned Device) and may use that information to contact you to determine if you would like to place an order for Goods from us. You may opt out of this notification process at any time by contacting your local depot.
6.4 We will use our reasonable endeavours to provide the Data Services to you without interruption. However, you understand that, as with any provision of information services, it will not be possible to provide the Data Services 100% of the time to you. We will use our reasonable endeavours to minimise any downtime to the Data Services, but you understand that, subject to us carrying out our obligations under this clause 6.4, we cannot be liable to you in respect of a failure to provide such Data Services from time to time. We will not be liable to you in respect of any delays or non-performance of the Data Services if it is caused by incorrect installation of the Device by you or the installer.
7. YOUR OBLIGATIONS
7.1 During the term of the Contract, you shall:
7.1.1 Use the Device (or any Loaned Device) properly, sensibly and in accordance with the terms of the Contract (and any manufacturer’s materials or instructions provided to you);
7.1.2 Where you have agreed for us to provide the Planned Delivery Services to you, comply with your obligations regarding the receipt of the Planned Delivery Services which can be viewed at Certas Energy website
7.1.3 Pay any reasonable costs we incur in supplying and/or installing any accessories, extras, or additions to the Device (or any Loaned Device) which you have requested, and we have agreed to provide;
7.1.4 Remove the Device (or any Loaned Device) prior to any replacement of your tank. If you have requested that we carry out the re-installation of your device onto the new tank, an installation fee will be charged as provided in 2.6
7.1.5 Notify us promptly if the Device (or any Loaned device) is (or appears to be) faulty, damaged, or stolen.
7.2 At all times during the term of the Contract, you must ensure that your tank is fit for purpose. In particular, the tank must not be damaged or warped and must be situated on a flat, level base in line with OFTEC regulations and guidelines. Failure to ensure your tank is so fit for purpose may lead to discrepancies with the Device (or any Loaned Device) and the Data Services.
8. YOUR LIABILITY TO US AND OUR LIABILITY TO YOU
Our liability to you and your liability to us is governed by the Conditions, specifically Conditions 9 and 10.
9. DATA PROTECTION
9.1 We will monitor the Device (or any Loaned Device) for the purposes set out in clauses 6.2 and 6.3 above in accordance with the provisions of those clauses.
9.2 We will use the personal information you provide in respect of your name/address, contact details and tank details for the purpose of arranging the delivery of and where applicable carrying out the installation of the Device (or any Loaned Device) when requested.
9.3 In order to make use of the Data Services you will need to download the FoxMobile App as explained at condition 5. In order to allow you access the FoxMobile App you consent to us providing your full name, email address, postcode, tank size and volume to the operator of the FoxMobile App FoxInsights GMBH.
10. CANCELLING THE CONTRACT IF YOU CHANGE YOUR MIND
10.1 If you change your mind and no longer wish to enter the Contract you can cancel your order anytime up to 14 days from the later of:
(i) receipt of the relevant terms and conditions (your welcome pack)
(ii) delivery of the Device; or
(iii) activation of the Data Services
10.2 All Devices should be returned to us under this Clause 10 in their original sealed packaging.
10.3 You may return the Devices to us by post or another suitable delivery service of your choice. You are solely responsible for the cost of returning the Devices to us under this Clause 10.
10.4 Refunds or replacements will be issued to you upon receipt of the Device.
11. RETURNING DAMAGED OR FAULTY DEVICES
11.1 If you receive Devices that are damaged or faulty you have the right to return them in exchange for a refund, replacement, or repair, subject to the provisions of this Clause 11. Clause 11 does not apply to Loaned Devices or Devices you wish to return because you have changed your mind.
11.2 If you wish to return the Devices to us under this Clause 11, please do so as soon as reasonably possible after discovering the damage or fault and in any event within the 24 months warranty period. Please contact us to inform us of the fault and to arrange the return and your refund, replacement, or repair.
11.3 This Clause 11 only applies to Devices that are damaged or faulty when you receive them. Faults or damage caused by normal wear and tear, or improper treatment does not entitle you to return Devices under this Clause 11. We may require you to prove that the Devices in question were faulty if you return them to us under this Clause 11 more than six months after the delivery date.
11.4 You may return the Device to us by emailing FoxRadar customer service team firstname.lastname@example.org who will arrange the Device’s collection for you.
11.5 Refunds or replacements will be issued to you immediately once you’ve returned the Device to us.
12. TERMINATION AND CANCELLATION
12.1 We will provide the Data Services on a continuing basis unless or until the Contract is cancelled by you or by us by giving the other not less than four weeks’ prior written notice. We may stop providing the Data Services at any time if you fail to make payment of any sums which are due to us or are otherwise in breach of any of your obligations under the Contract.
12.2 If you wish to terminate the Data Services during the Minimum Term (other than pursuant to your cancellation rights at clause 10) we reserve the right to charge you a termination fee. This termination fee will be calculated by multiplying the number of whole months left in the Minimum Term by the monthly charge for the Data Services.
12.3 If you fail to return a Loaned Device you will also have to pay a non-return charge of £115 (VAT included).
12.4 If you fail to install a Loaned Device within 2 months from the delivery date, you will have to pay for the Device in full £115 (VAT included).
Planned Delivery Services for Domestic Customers – Please check Certas energy domestic terms and conditions available on the website.