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Your NRG Ltd
Low Online Prices
No Hidden Costs
Easy Ordering
5* Customer Care
Direct Delivery
Low Online Prices
No Hidden Costs
Easy Ordering
5* Customer Care
Direct Delivery

Terms & Conditions

Savings Plan £50 Offer

This offer is only valid on our Saving Plan. Savings Plan must be set up and created by midnight 23/09/21 to receive the complimentary £50 contribution. £50 debited to heating oil account after three months. Minimum monthly direct debit spend of £20. £50 credit can only be used towards heating oil and is non-refundable. This offer cannot be claimed against buying group/syndicate orders. This offer cannot be used in conjunction with any other offer. Subject to status and availability. Management have the right to withdraw this offer at any time.

 

WIN 1000L Free Heating Oil (Facebook Photograph Competition)

These rules are governed by English Law and by entering you submit to the exclusive jurisdiction of the courts of England. The Promoter is Your NRG Ltd registered at Your NRG Ltd, Baltic Street, Hartlepool, TS25 1PW.

These promotions are only open to residents in the Your NRG Ltd standard delivery area at the time of the draw, aged 18 years or over, excluding employees and their immediate families of the Promoter and its associated companies in the Your NRG Ltd group of companies, its agencies or anyone else professionally connected with the promotion. Proof of age and address may be required.

  • The prize is to win up to a 1000 litres free 28 sec heating oil for 1 house hold and must be redeemed within 3 months in the winter season (November - March) and within 6 months in the summer season (April - October)
  • No cash alternative
  • This prize cannot be used in conjunction with any other offer
  • Subject to status and availability
  • Management have the right to withdraw this prize at any time
  • This offer cannot be claimed against buying group/syndicate orders
  • This prize is valid for one delivery only and can't be split over multiple deliveries.
  • We will only deliver the volume of oil that is safe to fit in the tank at the point of delivery. 

Terms and Conditions updated on: 27/06/22

 

WIN 1000L Free Heating Oil (Facebook Giveaway)

These rules are governed by English Law and by entering you submit to the exclusive jurisdiction of the courts of England. The Promoter is Your NRG Ltd registered at Your NRG Ltd, Baltic Street, Hartlepool, TS25 1PW.

These promotions are only open to residents in the Your NRG Ltd standard delivery area at the time of the draw, aged 18 years or over, excluding employees and their immediate families of the Promoter and its associated companies in the Your NRG Ltd group of companies, its agencies or anyone else professionally connected with the promotion. Proof of age and address may be required.

  • The prize is to win a 1000 litres free 28 sec heating oil for 1 house hold and must be redeemed by 6th July 2022
  • No cash alternative
  • This prize cannot be used in conjunction with any other offer
  • Subject to status and availability
  • Management have the right to withdraw this prize at any time
  • This offer cannot be claimed against buying group/syndicate orders
  • This prize is valid for one delivery only and can't be split over multiple deliveries.
  • We will only deliver the volume of oil that is safe to fit in the tank at the point of delivery. 

 WIN 500L Free Heating Oil

These rules are governed by English Law and by entering you submit to the exclusive jurisdiction of the courts of England. The Promoter is Your NRG Ltd registered at Your NRG Ltd, Baltic Street, Hartlepool, TS25 1PW.

These promotions are only open to residents in the Your NRG Ltd standard delivery area at the time of the draw, aged 18 years or over, excluding employees and their immediate families of the Promoter and its associated companies in the Your NRG Ltd group of companies, its agencies or anyone else professionally connected with the promotion. Proof of age and address may be required.

  • The prize is to win a 500 litres free 28 sec heating oil for 1 house hold and must be redeemed before 30th April 2022
  • Limited to one entry per household
  • No cash alternative
  • This prize cannot be used in conjunction with any other offer
  • Subject to status and availability
  • Management have the right to withdraw this prize at any time
  • This offer cannot be claimed against buying group/syndicate orders

Web Site Terms and Conditions of Use

  1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

By generating an online quote and accepting our 'Terms of Service' you are automatically being opted in to our email marketing database. To unsubscribe please click the link on the email or email sales@yournrg.co.uk.

  1. Use License
  1. Permission is granted to temporarily download one copy of the materials (information or software) on Oil NRG’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Oil NRG’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Oil NRG at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  1. Disclaimer
  1. The materials on Oil NRG’s web site are provided “as is”. Oil NRG makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Oil NRG does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
  1. Limitations

In no event shall Oil NRG or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Oil NRG’s Internet site, even if Oil NRG or a Oil NRG authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. Revisions and Errata

The materials appearing on Oil NRG’s web site could include technical, typographical, or photographic errors. Oil NRG does not warrant that any of the materials on its web site are accurate, complete, or current. Oil NRG may make changes to the materials contained on its web site at any time without notice. Oil NRG does not, however, make any commitment to update the materials.

  1. Links

Oil NRG has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Oil NRG of the site. Use of any such linked web site is at the user’s own risk.

  1. Site Terms of Use Modifications

Oil NRG may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

  1. Governing Law

Any claim relating to Oil NRG’s web site shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

 

 

These Terms and Conditions apply for the sale and supply of Goods by the Supplier

 

The Customer’s attention is drawn to clauses 7, 9 and 11 of these Terms and Conditions which are found on the Customers website ( www.yournrg.co.uk ).  If the Customer does not accept these Terms and Conditions the Customer should not order any Goods from the Supplier. 

 

  1. DEFINITIONS AND INTERPRETATION

The definitions and rules of interpretation in this clause apply in these terms and conditions.

 

1.1 “Contract” means the contract for the sale and purchase of the Goods in accordance with these Conditions.

1.2       “Conditions” means the terms and conditions set out in this document as amended from time to time.

1.3       “Customer” means the party ordering the Goods from the Supplier.

1.4       “Month” means a calendar month beginning on the first day of that month.

1.5       “Delivery Location” means any location specified in the Order for the delivery of the Goods.

1.6       “Delivery Time” means the approximate time for delivery as set out in Order.

1.7       “Goods” means the petroleum or liquid fuel product or products as set out in the Order

1.8       “Order” means the Customer’s order for the Goods as set out in the Supplier’s written acceptance of the Supplier’s quotation.

1.9       “Supplier” means Your NRG Limited (CRN: 06263424) whose registered office is Baltic Works, Baltic Street, Hartlepool, England, TS25 1PW

1.10     “Storage Tank” means the Customer’s storage tank, container or other receptacle for storing the Goods.

1.11     “Ullage” means the air space between the surface of the petroleum or liquid fuel product already existing in the Customer’s Storage Tank and the top of the Customer’s Storage Tank.

1.12     “Trade Credit Account” means an agreement between the Customer and Supplier enabling the Customer to pay for the Goods at a later scheduled date.

1.13     A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.14     A reference to a party includes its successors and permitted assigns.

1.15     A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

1.16    Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.17     A reference to writing or written includes email.

 

 

  1. BASIS OF CONTRACT

2.1       These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom practice or course of dealing.

2.2       The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions.  The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

2.3       The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence and in the case of a telephone Order at the point the Supplier verbally confirms the Order has been deemed to be accepted in accordance with these Conditions.  For the avoidance of doubt, unless expressly stated by the Supplier, verbal confirmation shall be deemed to have occurred 24 hours after the telephone Order is made by the Customer.

2.4       The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

2.5       Any samples or advertising produced by the Supplier, including on the Supplier’s website, are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

2.6       A quotation for the Goods given by the Supplier shall not constitute an offer and a quotation is subject to change by the Supplier at any time.

2.7       Each Order is a separate Contract, irrespective of whether each contract number refers to a single delivery or multiple deliveries.

 

  1. GOODS

3.1       The Goods are as described in the Order.

3.2       The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement and make minor modifications to the specification if the Supplier considers it necessary and the Supplier shall notify the Customer in any such event.

3.3       The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

               

  1. PRICE AND PAYMENT

4.1       The price of the Goods (including delivery and any other costs to be charged by the Supplier) shall be set out in the Order.

4.2       The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

4.2.1   any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing, transport and demurrage costs)

4.2.2   any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, delivery vehicle or the Specification;

4.2.3   any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

4.3       The price of the Goods excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice; and excludes the costs and charges of insurance and transport of the Goods, which shall be invoiced to the Customer.

4.4       Subject to clause 4.7, below payment for the Goods may be made in cash, by credit or debit card, cheque, direct debit, internet or telephone banking and through the Trade Credit Account.

4.5       When the Goods have been ordered through the Supplier’s website, payment is due at the time the Order is placed and accepted in accordance with these Conditions.

4.6       When the Goods have been ordered over the phone, payment is due at the time the Order is placed and accepted in accordance with these Conditions.

4.7       If the Customer has a Trade Credit Account, the Supplier reserves the right to suspend the sale of the Goods and/or to require payment with any Order at any time if the Customer’s credit limit will be exceeded by the placing of a new order.

4.8      On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid sums and if the Customer fails to pay any such sum due under these Conditions the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment at the rate of 4% above the base lending rate of the Bank of England.

 

  1. DELIVERY

5.1       The Supplier shall deliver the Goods to the Delivery Location at the approximate Delivery Time or such other time as the parties may agree.

5.2       The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note, the contract number or all relevant Customer and Supplier reference numbers and the type and quantity of the Goods (including the code number of the Goods, where applicable) being delivered to the Delivery Location.

5.3       The Supplier reserves the right to deliver the Goods in instalments which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

5.4       Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.

5.5       The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions (including changing instructions) or any other instructions that are relevant to the supply of the Goods.

5.6       If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.7       If the Customer cancels a delivery for Goods ordered within one working day prior to the Delivery Time the Supplier reserves the right to charge a cancellation fee up to £35 which must be paid in full prior to any further delivery of the Goods by the Supplier to the Customer.

5.8       The Customer shall ensure that:

5.8.1   there is sufficient Ullage in the Storage Tank for the quantity ordered in the Order prior to the Goods being delivered by the Supplier to the Delivery Location;

5.8.2   all Storage Tanks are clearly and correctly labelled with the description of the grade of the petroleum or liquid fuel product stored and, where relevant, the tank number and capacity and access to the Delivery Location and Storage Tank is clear and accessible at all times ; and

5.8.3   each Storage Tank can receive and safely store the Goods specified in the delivery note (without the Goods causing physical loss or damage to land or water or injury to any person) including, without limitation, that all pipework and the hose connection to the Storage Tank is installed and/or connected to the correct Storage Tank to receive the delivery of the Goods.

5.9       If the Customer changes the amount of the Goods ordered within one working day prior to the Delivery Time or fails to comply with its obligations at clause 5.8 above the Supplier reserves the right to charge a fee up to £20 which must be paid in full prior to any further delivery of the Goods by the Supplier to the Customer.

5.10     Without prejudice to clause 5.9 above, the Customer shall fully indemnify the Supplier in respect of any claim, loss, leakage and contamination of the Goods, which occurs or may be brought against or incurred by the Supplier in respect of the Buyer’s failure to comply with clause 5.8.

5.11     Delivery will be deemed to have taken place when the Goods start passing through the hose connection of the Storage Tank.

5.12     If the Customer fails to accept delivery of the Goods upon delivery then, except where such failure or delay is caused by a Force Majeure Event, delivery of the Goods shall be deemed to have been completed at 5:30pm on the day on which the Supplier attempted to deliver the Goods and the Supplier shall store the Goods until delivery takes place provided always that the Supplier will charge the Customer for all related costs and expenses (including insurance).

5.13     If 28 days after the day on which the Supplier attempted to deliver the Goods to the Delivery Location has not accepted actual delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs charge the Customer for any shortfall below the price of the Goods.

 

  1. MEASUREMENT OF GOODS

The Supplier’s method of measurement shall be accepted by the Customer and the Customer has no right to refuse delivery of the Goods based on the delivered volume of the Product and the Customer hereby agrees that the Goods are sold subject to normal tolerances, variations and limitations in respect of mass, composition, surface and internal conditions, chemical composition and quality and normal mill practice of up to 10% over and under consignment weight of the Goods with reasonable quality deviations arising from damage in transit.

 

  1. RISK, REPLACEMENT AND PROPERTY IN THE GOODS

7.1       The risk in the Goods shall pass upon Delivery.

7.2       Subject to Clause 7.3, if:

7.2.1   the Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Goods do not comply with the description in the Order;

7.2.2   the Supplier is given a reasonable opportunity of examining such Goods; and

7.2.3   the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost, the Supplier shall, at the option of the Supplier, replace the defective Goods, or refund the price of the defective Goods in full.

7.3       Except as provided in Clause 7.2, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the description set out in the Order.

7.4       Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer, in which case title to the Goods shall pass at the time of payment of all such sums.

7.5       Until title to the Goods has passed to the Customer, the Customer shall:

7.5.1   store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property, including applying Supplier name plates on all Storage Tanks used for the Goods;

7.5.2   maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

7.5.3   notify the Supplier immediately if it becomes subject to any of the events listed in Clause 7 of these Conditions; and

7.5.4   give the Supplier such information as the Supplier may reasonably require from time to time relating to the Goods and the ongoing financial position of the Customer.

7.5.5   require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer, including the Delivery Location or of any third party where the Goods are stored in order to recover them.

 

  1. FORCE MAJEURE

8.1       The Supplier will be responsible if it is unable to perform its obligations under the Contract due to events which are genuinely beyond its reasonable control.

8.2       The Supplier shall not be deemed to be in breach of this Contract or liable to the Customer by reason of any delay or failure in performance or in the non-performance of any of its obligation hereunder to the extent that such delay, failure, non-performance, or other liability arises out of force majeure.

8.3       For the purposes of this clause the term "force majeure" shall mean any circumstances whatsoever, which are not within the reasonable control and are without the fault or negligence of the party wishing to rely on the circumstances, including without limiting the generality thereof:

8.3.1   outbreak of disease, epidemic or pandemic, flood, tempest or other adverse weather conditions, acts of God, war, whether declared or not, insurrection, civil disturbance, sabotage or terrorist activity;

8.3.2   strikes, lockouts or other industrial action, to which the Supplier is or may be a party (whether or not the settlement thereof shall be at the discretion of the party in question) or the reasonable apprehension of any such strike lockout or labour dispute;

8.3.3   compliance with any acts, regulations, bye laws, orders or restriction made or imposed by any public authority;

8.3.4   any discontinuance whether total or partial, permanent or temporary, of any of the Supplier’s or its sources, or contemplated sources, of supply of crude petroleum, the Goods under this Contract or other petroleum or liquid fuel products, or the means of delivery of any aforementioned products.

8.4       For the purposes of sub-clause 8.3.3:

8.4.1   Compliance with any acts, regulations, bye laws, orders or restrictions made or imposed by any public authority shall be deemed to include the performance whether before, on or after the date of commencement of the Contract, of any obligations arising out of any contract or arrangement by which any public authority is entitled to require crude petroleum, other petroleum products or liquid fuel products.

8.4.2   Public authority means:

8.4.3   any government, whether national or provincial or its agent;

8.4.4   any port or other public authority;

8.4.5   any person or body acting for such government, authority, Commission, or for any agency thereof; or

8.4.6   any lawfully constituted court.

8.5       In the event of any of the circumstances in clause 8.4 above occurring, and in order for a party to rely on this clause, such party shall as soon as is reasonably practicable notify the other of the circumstances giving rise to force majeure and the estimated duration.

8.6       In the event of the Supplier giving notice under 8.4.1, the Supplier shall be at liberty to withhold, reduce or suspend deliveries or collections hereunder to such extent and in accordance with such priorities as may be reasonable and equitable in all the circumstances pertaining at the relevant time, and the Supplier shall not be bound to acquire, by purchase or otherwise, additional quantities from other suppliers and the Customer shall be free to purchase from other suppliers any deficiency of deliveries caused by the operation of this clause.

8.7       The Supplier and the Customer shall use their reasonable endeavours to resume the performance of this Contract as soon as is reasonably practicable.

 

  1. TERMINATION

9.1       Without limiting its other rights and remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:

9.1.1     the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so;

9.1.1.1  the Customer fails to make any payment when it becomes due and payable;

9.1.1.2  the Customer exceeds its line of credit pursuant to the Trade Credit Account.

9.2       Either party may terminate this Contract with immediate effect by giving written notice to the other if:

9.2.1    the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2);

9.2.2    the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors;

9.2.3    the other party applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;

9.2.4    a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company, limited liability partnership or partnership);

9.2.5    an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company, partnership or limited liability partnership);

9.2.6    the holder of a qualifying floating charge over the assets of that other party (being a company or limited liability partnership) has become entitled to appoint or has appointed an administrative receiver;

9.2.7    a person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;

9.2.8    a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party's assets and such attachment or process is not discharged within 14 days;

9.2.9    any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clauses 9.2.1 to 9.2.8 (inclusive);

9.2.10  the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;

9.2.11  the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this agreement is in jeopardy;

9.3       The Customer shall pay to the Supplier immediately on demand all principal, interest, costs (including legal costs) charges and expenses of, and incidental to, any enforcement action that the Supplier may take against the Customer to recover all sums owed to it pursuant to these Conditions.

9.4       Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

9.5      Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

 

  1. ASSIGNMENT

10.1     The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

10.2        The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.

 

  11. LIABILITY

11.1 Nothing in these Conditions limits any liability which cannot legally be limited, including liability for:

        (a)     death or personal injury caused by negligence;

        (b)     fraud or fraudulent misrepresentation; and

        (c)     breach of the terms implied by section 12 of the Sale of Goods Act 1979.

 

11.2 Subject to clause 11.1, the Supplier shall not be liable for the non-exhaustive list of specific heads of loss:

        (a)    loss of profits or anticipated profits ;

        (b)    loss of sales, business or business interruption;

        (c)    loss of agreements or contracts;

        (d)    loss of anticipated savings;

        (e)    loss of use or corruption of software, data or information;

        (f)     loss of or damage to goodwill;

        (g)    loss of or damage to the Storage Tank, associated pipework and equipment and road tank wagons; and

        (h)    indirect or consequential loss.

 

11.3     Subject to clause 11.1, the restrictions on liability in this clause 11 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence) misrepresentation, restitution or otherwise.

 

11.4     Subject to Clause 11.1 the Supplier's total liability to the Customer in respect of damage to property caused by the negligence of its employees and agents in connection with the delivery of the Goods to the Customer shall not exceed the cap (the Property Cap) for any one event or series of connected or similar events.

In this clause 11.4:

(i)  The Property Cap is the greater of £10,000 and one hundred and fifty per cent (150%) of the total charges paid by the Customer in the calendar year in which the damage to the property occurred;

(ii)  A calendar year means a 12 month period commencing with the date of the first Order or any anniversary of it; and

(iii) The total charges means all sums actually paid by the Customer in respect of goods supplied by the Supplier.

 

11.5     Subject to Clause 11.1 the Supplier's total liability to the Customer in respect of any breach (other than in relation to damage caused to the Customers property) of these Conditions occurring within a calendar year shall not exceed the cap (the Breach Cap) for any one event or series of connected or similar events.

In this clause 11.5:

(iv) The Breach Cap is the greater of £5,000 and one hundred and twenty five per cent (125%) of the total charges in the calendar year in which the breaches occurred;

(v)  A calendar year means a 12 month period commencing with the date of the first Order or any anniversary of it; and

(vi) The total charges means all sums actually paid by the Customer in respect of goods supplied by the Supplier.

 

  1. WAIVER AND FORBEARANCE

No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

  1. GENERAL

13.1     The Contract shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

13.2     The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

 

13.3     No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

13.4     If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under Clause 13.4 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

 

13.5     The Seller reserves the right to effect delivery by means of a contractor.

 

13.6     Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.

 

13.7        The Supplier may at any time, without notice to the Customer set-off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this agreement. Any exercise by the Supplier of its rights under this clause shall not limit or affect any other rights or remedies available to it under this Contract or otherwise.