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
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 firstname.lastname@example.org.
2. Use License
- 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:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Oil NRG’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- 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.
- 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.
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.
5. 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.
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.
8. 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.
STANDARD TERMS AND CONDITIONS OF SUPPLY
The following expressions shall, unless the context otherwise requires, have the meaning given to them below:
1.1. "Agreement" means the agreement between the Buyer and the Seller for the supply of Product together with any special terms and conditions agreed in writing between the Seller and the Buyer and these terms and conditions of supply (and which, in the event of any inconsistency between them, shall have precedence in the order listed) to the exclusion of all other terms and conditions.
1.2. "Buyer" means the party ordering the Product from the Seller.
1.3. "month" means a month beginning on the first day of that month.
1.4. "collect" includes procure to be collected and the term collection shall be construed accordingly.
1.5. "Delivery Point" means any location specified in the Agreement for the collection of the Product.
1.6. "Product" means petroleum product or products specified as being the subject of supply by the Seller
1.7. "Seller" means YourNRG Limited its successors or assigns.
1.8. "storage installation" means any storage tank, container or other receptacle for storing petroleum product.
1.9. "supply" means the delivery or collection of the Product pursuant to the Agreement.
1.10. "ullage" means the air space between the surface of the petroleum product in the receiving storage installation in the case of delivery, or the collection road tank wagon in the case of collection and the top of the storage installation or road tank wagon respectively.
2.1. Subject to sub-clause 2.4 below payment for Product supplied shall
2.1.1. be by cash with order, or,
2.1.2. be by such other payment arrangements as may be agreed between the Buyer and the Seller from time to time.
2.2. The Seller may at any time withhold any sum due from the Seller to the Buyer and set off the same against any sum due from the Buyer to the Seller under the Agreement or under any other contract. Notwithstanding that property in the Product may not have passed to the Buyer and that payment may be deferred under this clause the price shall be due on delivery and the Seller may maintain an action therefor.
2.3. Without prejudice to any right or remedy otherwise available to it the Seller reserves the right to charge interest in respect of all amounts remaining unpaid on the relevant payment date as from the day following such payment date as may expressly be agreed between the Buyer and the Seller but shall in default of such express agreement be at a rate of interest equal to the Bank of England Base Rate plus 4%, together with any debt recovery costs incurred.
2.4. The Seller reserves the right to suspend supply and/or to require cash payment with the order where the Buyer's credit limit has been or would by virtue of the supply be exceeded or where the Buyer has failed to make full payment by the relevant payment date.
- COLLECTION & DELIVERY
3.1.1. The Buyer shall take delivery or collect product at the Delivery point on such days and such hours as may from time to time be reasonably specified by the Seller and subject thereto the Buyer shall ensure that the Seller is informed of any particular delivery requirements. A delivery or collection date or dates given are estimates only but the Seller shall use every reasonable effort to meet the delivery or collection dates specified.
3.1.2. Each contract number issued shall be a separate Agreement, irrespective of whether each contract number refers to a single collection or delivery, or multiple collections and deliveries.
3.2.In the event the Seller has agreed to the collection of Product by the Buyer, the Buyer undertakes and warrants that:
3.2.1. All road tank wagons or units thereof will be made available to the Seller for inspection and approval (to ensure compliance with, the Institute of Petroleum's Safe Loading Scheme and any other necessary collection requirements of the Seller in relation to the Delivery Point) before being allowed to collect Product. Once approved, if there is any change to the technical specification of any road tank wagon or unit thereof, it shall not be used for collecting from the Delivery Point until that change has been inspected and approved by Seller to be in compliance with such Scheme or requirements.
3.2.2. It will permit the Seller at any reasonable time to check that the condition of any road tank wagon is still in accordance with the most recent approval given by the Seller.
3.2.3. Notwithstanding any approval given under sub-clauses 3.2.1 and 3.2.2 above the Buyer will provide and operate road tank wagons which comply with the statutory requirements in respect thereof for receiving delivery of Products.
3.2.4. When a road tank wagon is loaded to its maximum legal operating gross vehicle weight and individual axle loading weights, the load shall not exceed the legal requirements in leaving a safety margin as regards ullage expect in so far as this may be due to any neglect by or faulty equipment of the Seller its employees, agents or contractors.
3.2.5 It shall and shall procure that its employees and contractors shall comply with all site rules and regulations applying at the Seller's Delivery Point and the Seller reserves the right to refuse to allow the Buyer to collect all or any of the Product ordered if the Buyer does not comply with any of the foregoing collection conditions and/or to refuse access to or remove any person from the Delivery Point if the foregoing collection conditions are not complied with.
3.3 The Buyer accepts responsibility for (and hereby agrees to indemnify the Seller in respect of) any loss, leakage or contamination of the Products which may occur in from or by any such road tank wagon of the Buyer save only in so far as such loss. leakage or contamination shall result from any negligence on the part of the Seller, its employees, agents or contractors.
3.4 The Seller reserves the right to refuse to deliver all or any part of the Product ordered and/or to charge the Buyer with any costs reasonably incurred by the Seller as a result of the Buyer not complying with the following delivery conditions.
3.4.1. The Buyer (or its representative) shall attend and, as appropriate, assist with the delivery of the product.
3.4.2. There shall at each Delivery Point be suitable storage installation, equipment and facilities which shall meet all statutory, regulatory and other legal Health and Safety and Environmental requirements so as to enable the Product to be received, delivered and stored safely. In particular (but without limitation) the Buyer shall ensure that:
126.96.36.199. There is sufficient ullage in the storage installation for the quantity ordered;
188.8.131.52. All storage installations are clearly and correctly labelled with the description of the grade of the petroleum product stored and, where relevant, the tank number and capacity; and
184.108.40.206. It shall have a means of measuring the contents of the storage installation, immediately prior to delivery, which is accurate, properly calibrated and in working order.
3.4.3. The Buyer shall provide or procure the provision of safe and convenient access to and over the Delivery Point (whether over public or private roadways) and no hindrance or delay shall be caused to the Seller in the passage to the Delivery Point or in the delivery of the Product.
3.4.4. In the case of road deliveries the Buyer shall properly confirm to the driver of the delivery road tank wagon, immediately before delivery commences, that the storage installation has sufficient ullage and can receive and store safely the quantity of product specified in the delivery note (and without the Product causing physical loss or damage to land or water or injury to any person) and that the hose connection is connected to the correct storage installation.
3.4.5. The Seller reserves the right to effect delivery by means of a contractor.
3.4.6. The Buyer accepts responsibility for (and hereby agrees to indemnify the Seller in respect of) any loss, leakage or contamination of the Product delivered which may occur in, from or by any storage installation or other facilities or in from, or by any pipelines or equipment provided by or on behalf of the Buyer save only to the extent that such loss, leakage or contamination shall result from any negligence on the part of the Seller, its employees agents or contractors.
3.4.7 The Buyer shall provide a Competent Person trained and authorised to accept deliveries involving Dangerous Goods, as required by The Carriage of Dangerous Goods by Road Regulations 1996.
3.4.8. The Buyer will ensure that such Competent Person shall, during the whole time of a delivery of petrol into a storage tank, be in close proximity to the delivery road tank wagon and the storage tank and shall, so far as is practicable, keep a constant watch for the purpose of preventing any hazardous situation arising.
3.4.9. In the event that the Buyer cancels a delivery with less than one working days notice (on a Monday to Friday basis) of the agreed delivery date, the Seller reserves the right to charge a cancellation fee of £350.
3.4.10. In the event that the Buyer rejects a delivery, either in whole or in part, at the agreed Delivery Point, the Seller reserves the right to charge a fee of £75 per compartment rejected, up to a maximum of £350.
3.4.11. In the event that the Seller’s delivery vehicle is delayed for more than one hour at the Buyer’s nominated Delivery Point, the Seller reserves the right to charge a maximum demurrage fee of £75 per hour or part thereof.
The Seller's method of measurement shall be accepted by the Buyer but the Buyer may be represented at the taking of those measurements in order to check them if the Buyer so desires.
5.RISK AND PROPERTY
5.1. Unless otherwise agreed in writing, risk in the Product shall pass: in the case of bulk collection at the time the Product passes through the meter of the loading arm of the road-loading gantry; and in the case of a delivery at the time the Product passes through the flange and faucet valve assembly on the road tank wagon and into the Buyer’s own storage tank.
5.2. Unless otherwise agreed in writing property in the Product shall pass to the Buyer when payment of all sums due in respect of all Product supplied by the Seller is received by the Seller.
- FORCE MAJEURE
6.1. Neither the Seller nor the Buyer shall be deemed to be in breach of this Agreement or liable to the other by reason of any delay or failure in performance or in the non-performance of any of its obligation hereunder (other than for the payment of money) to the extent that such delay, failure, non-performance, or other liability arises out of force majeure.
6.2. 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:
6.2.1. flood, tempest or other adverse weather conditions, acts of God, war, whether declared or not, insurrection, civil disturbance, sabotage or terrorist activity;
6.2.2. strikes, lockouts or other industrial action, to which the Seller or the Buyer as the case may be 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;
6.2.3. compliance with any acts, regulations, bye laws, orders or restriction made or imposed by any public authority;
6.2.4. any discontinuance whether total or partial, permanent or temporary, of any of the Seller's or the Seller's suppliers’ sources, or contemplated sources, of supply of crude petroleum, the Product under this Agreement or other petroleum products, or the means of delivery of any aforementioned products.
6.3. For the purposes of sub-clause 6.2.3:
6.3.1. 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 Agreement, of any obligations arising out of any contract or arrangement by which any public authority is entitled to require crude petroleum or other petroleum products.
6.3.2. Public authority means:
220.127.116.11. any government, whether national or provincial or its agent;
18.104.22.168. any port or other public authority;
22.214.171.124. the Commission of the European Community;
126.96.36.199. any person or body acting for such government, authority, Commission, or for any agency thereof; or
188.8.131.52. any lawfully constituted court.
6.4.1. In the event of any of the circumstances in sub-clause 6.1. 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.
6.4.2. In the event of the Seller giving notice under 6.4.1, the Seller 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 Seller shall not be bound to acquire by purchase or otherwise additional quantities from other suppliers and the Buyer shall be free to purchase from other suppliers any deficiency of deliveries caused by the operation of this clause.
6.4.3. The Buyer and the Seller shall use their reasonable endeavours to resume the performance of this Agreement as soon as is reasonably practicable.
7.1. Without prejudice to any other rights the Seller may have or which may have accrued due,
7.1.1. the Seller may determine the Agreement or suspend any delivery or collection forthwith upon giving notice in writing to the Buyer if:
184.108.40.206. The Buyer shall fail to make any payment when it becomes due and payable;
220.127.116.11. The Buyer commits a breach of a material term or condition of the Agreement, provided that in the case of a breach capable of remedy the Seller shall first have given written notice to the Buyer specifying the breach complained of and requiring it to be remedied within 14 days of the notice and the Buyer shall have failed to comply with such request; or
18.104.22.168. The Buyer exceeds his line of credit as agreed and notified by the Seller.
7.1.2. The Seller or the Buyer may determine the Agreement or suspend any delivery or collection forthwith upon giving notice in writing to the other if:
22.214.171.124. The other party shall convene any meeting of creditors or make any assignment or arrangement for the benefit of creditors generally or convene a meeting for or fail to answer the allegations contained in any petition for winding up of it (except in the course of and followed by an amalgamation or reconstruction on terms approved by the other) or if an administrator or a receiver or administrative receiver is appointed; or
126.96.36.199. Any distress or execution shall be levied or sued upon or against all or any part of the material undertaking or assets of the other party.
7.1.3. The Agreement shall terminate forthwith and without notice in the event that the Buyer shall pass a resolution for winding up or a liquidator shall be appointed in respect of it or being an individual it shall commit an act of bankruptcy.
7.2. On any termination of the Agreement any orders placed but unfulfilled shall be cancelled forthwith.
8.1. The Agreement shall not be assigned or otherwise transferred in whole or in part by the Buyer directly or indirectly without the prior written consent of the Seller.
8.2. The Seller may assign or transfer the Agreement and/or any of the obligations herein on the part of the Seller to be performed and observed to any company deemed at the relevant time to be a member of the same group. For the purposes of this sub-clause, two companies shall be deemed to be members of the same group if one is a subsidiary (as defined in section 736 of the Companies Action 1985 or in Article 4(1) of the Companies (Northern Ireland) Order 1986 as the case may be) of the other or both are subsidiaries (as defined above) of a third company.
9.1. The Seller gives no warranty that the Product is fit for any particular purpose other than that expressed in writing by the Seller PROVIDED always and to the extent that the Buyer's statutory rights are not affected.
9.2. The Seller shall not be liable for any loss of profit or anticipated profit, loss of time or hire, cost of overheads thrown away, loss of production or for any business interruption, loss related to loss of use of Product or of loss of use of other property damaged by Product, physical loss or damage (in whole or in part) of or to any storage installation, equipment, road tank wagon, or other property, or for any loss of contract(s) (to the extent only that the foregoing, or any of them, are consequential, indirect or special losses or damages) nor for any other consequential, indirect or special losses or damages, arising out of or in any way connected with the performance of, or failure to perform this Agreement.
- WAIVER AND FORBEARANCE
Any neglect forbearance or indulgence on the part of the Seller shall not constitute a waiver of the right or remedy of the Seller in respect of which such neglect forbearance or indulgence is granted, and the Seller shall be entitled to exercise such right or remedy at any time thereafter.
11.1. The Agreement 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.
11.2 The Agreement contains the entire agreement between the parties in relation to the supply of Product and supersedes any previous agreements, arrangements or representations in relation thereto. The Agreement shall not be varied unless in writing executed by both parties.
11.3 If for any reason any clause or provision of the Agreement (or any part of either) shall be held to be invalid or unenforceable, the remaining clauses and provision (or part) shall continue to have full effect (mutatis mutandis) and the parties shall remain bound by the terms thereof.