1) In these Conditions the following words shall have the following meanings unless the context requires otherwise.
a)“Account Holder”means a Customer who has an existing account with the Company;
b)“Agreement”means the agreement between the Company and the Customer comprising these terms and conditions and any other terms and conditions previously notified to the Customer that apply to the sale and supply of the Products and/or Services;
c)“Business”means a customer who orders or purchases Products for use for or in the course of a business;
d)“Company”means Gas Express
e)“Consumer”means a customer who orders or purchases Products outside of any business or trade;
f)“Customer”means a Business or Consumer, whichever is applicable in the context;
g)“Gas”means liquefied petroleum gas as may be supplied to the Customer by the Company or by a distributor or a dealer of the Company;
h)“Goods”means the cylinders ordered via the Web Site which are the property of the Company and which are used for the storage of Gas manufactured by or for the Company together with all ancillary valves, guards, regulators and other items used in connection therewith;
i)“Products”means Goods and/or Gas and/or other products for sale on the Web Site;
j)“Services”means the delivery of Products to the Customer or the delivery of Gas to the Customer’s existing storage tank;
k) “Web Site”means the website which belongs to the Company with the domain namewww.bottledgasbournemouth.co.uk.
b) The Company’s Products and Services are only available for delivery within the UK and are not available to any Customer under the age of 18.
a) The Company will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Web Site are correct at the time when the relevant information is entered onto the system. The Company reserves the right to refuse orders where Product information has been incorrectly published.
b) Prices are subject to change without notice. Prices are inclusive of VAT at the current rates only where stated and are correct at the time of entering the information onto the system. Prices displayed on the Web Site are valid and effective only in the UK.
c) Products are subject to availability.
a)When the Customer places an order request on the Web Site the Company shall email the Customer with an acknowledgement of the Customer’s intended order. The Company’s acceptance of an order does not take place until the Products have been dispatched.
b)The Company reserves the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
i)The Product being unavailable;
ii)The Company’s inability to obtain authorisation of payment;
iii)The identification of an error within the Product information, including price.
c)If there are any problems with the Customer’s order the Company shall contact the Customer. The Company reserves the right to reject any offer to purchase by the Customer at any time.
d)The laws of England shall govern the contract between the Company and the Customer and any dispute will be resolved exclusively in the courts of England. The Customer’s statutory rights are not affected.
a) When the Company has received the Customer's order a representative from the Company will contact the Customer during normal office hours to arrange a convenient delivery time. Subject to availability, delivery will usually be within 48 hours of the Customer's order being processed. Either the Company or a duly authorised distributor or dealer of the Company shall make delivery of the Products.
b)Due to geographic limitations, the Company cannot guarantee delivery to the whole of the UK. When the Customer’s order is processed a representative of the Company will contact the Customer if the delivery address provided is inaccessible for the Company. Unless delivery to another accessible address can be arranged the Customer’s order will be deemed to be cancelled. The Company accepts no liability in this regard.
c)The Company will not be liable for any delay or non-delivery.
6) If at any time the Customer is not happy with the Products or the Services the Company provides, please write to the Company at the address shown below, all correspondence to be addressed to the Gas Express, 24 Roundhaye Road, Bournemouth BH11 9JB
1. The Customer’s order will not be accepted until the purchase has been paid for in full. The Company’s acceptance of an order does not take place until dispatch of the order, at which point the purchase contract will be made and the Customer will be charged.
2. The Customer can pay for Products by Visa, Visa Debit, Visa Electron, Mastercard, Maestro, Amex and Diners Club International.
3. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer’s payment card refuses to or does not for any reason authorise payment then the Company will notify the Customer by email and not dispatch the order.
4. Delivery of the Customer’s purchase will be made to the address which the Customer’s notifies to the Company.
Cancellation of order for Consumers
6. Where the Customer is a Consumer the Customer has seven working days (beginning the day after receipt of the Products) to cancel its purchase. If the Customer wishes to cancel its order it must write to the Company at the email or postal address detailed below.. The Customer must return any Products the Company has delivered at the Customer’s cost to any authorised distributor or dealer of the Company. Refunds will be credited to the original method of payment within 30 days. If the Customer does not return the Products, the Company may arrange to collect them from the Customer at the Customer’s cost.
7. If the Company has made a mistake with any Product sent or it is faulty or damaged, the Customer must notify the Company and the Company will replace the faulty/damaged Products.
8. Once the Company has delivered Goods and Gas to the Customer the Customer shall be entitled from time to time to purchase full Goods in exchange for empty Goods in consideration of the payment of the then current price of the Gas. Gas is supplied subject to availability. The Company and its distributors and dealers are under no obligation to supply Gas to the Customer and shall not be liable to the Customer as a result of any failure to do so.
9. The Customer may only exchange empty Goods for full Goods with the Company, a distributor or dealer appointed by the Company. Save as otherwise expressly permitted under this Agreement the Customer must not part with possession of the Goods save in exchange for full Goods from such distributor or dealer.
10. The Goods will remain the property of the Company at all times. The Customer is only licensed to use the Goods under this Agreement. The Goods are not let or hired to the Customer and this licence granted to the Customer is a licence only to use or permit the Goods to be used together with Gas.
11. All exchanged, additional or replacement Goods made available to the Customer under this Agreement shall be deemed to be part of the Goods.
12. The Customer shall keep the Goods in his own physical possession at the address specified on the secure order submission pages of the Web Site and at no other address save with the written consent of the Company. Such consent must be obtained at least seven days before removal of the Goods to such new address.
13. The Customer will permit the Company or its distributors or dealers at all reasonable times to have access to the premises where the Goods are from time to time kept for the purpose of inspecting, testing and replacing any Goods which in the sole discretion of the Company need replacing.
14. The Customer will not hold himself out as owner or hirer of the Goods and shall not interfere nor allow any interference with any identification marks thereon nor attempt to do any of the said acts and shall at all times ensure the Goods remain legibly marked as being the property of the Company.
15. The Customer shall not offer for sale, sell, loan, assign, let or charge the Goods.
16. The Customer shall purchase at least six refills of Gas for each cylinder comprised in the Goods during each consecutive twelve month period from the date of first delivery of the Goods. The Company shall have the right without notice to claim relief from its obligations hereunder and/or to terminate the Agreement by notice in writing to the Customer if the Customer fails to do so.
17. The Company may demand the return of the Goods to any authorised distributor or dealer of the Company by giving the Customer 3 months notice in writing.
18. In the event of bankruptcy, liquidation or insolvency of the Customer the Customer shall return the Goods immediately.
19. Upon termination of this Agreement for whatever reason the Customer shall return the Goods into the physical possession of the Company at the Customer's risk and expense and in good order and condition. In the case of termination on receipt of the Goods in good order and condition by the Company within 3 calendar years of the date of first delivery and provided that the Customer has duly paid all amounts due to the Company and is not otherwise in breach of any terms of this Agreement, the Company shall pay to the Customer a refund of the non returns charge ("Charge") paid by the Customer calculated as follows:-
19.1. A sum equal to 50% of the Charge if the Goods are received within one year
19.2. A sum equal to 30% of the Charge if Goods are received within two years
19.3. A sum equal to 20% of the Charge if the Goods are received within three years
19.4. No Charge will be repaid when this Agreement is terminated after three years.
20. In the event that the Company must arrange for the collection of the Goods the Customer hereby grants the right to the Company, its servants and agents without previous notice to enter upon any premises upon or in which the Goods or any of them may be believed to be situate for this purpose. Where the Customer is a Consumer the Company reserves the right to take legal proceedings to recover the Goods or their value. All costs and expenses of and incidental to retaking possession of the Goods which may be incurred by the Company shall be repaid by the Customer on demand.
21. The Company shall have no liability:
21.1. for defective Products and/or Services to the extent the defect has been caused or contributed to by the Customer;
21.2. unless the Customer gives the Company a reasonable opportunity to remedy any matter for which the Company is liable before the Customer incurs any costs and/or expenses in remedying the matter itself; and/or
21.3. for any damage to the Customer's property during delivery and/or removal of the Products unless such damage is caused by the negligence of the Company.
22. Where the Customer is a Consumer, in addition to clause 21, the Company shall have no liability:
22.1. for damage, loss, liability, claims, costs or expenses solely caused or contributed to by the Customer's continued use of defective Products after a defect has become reasonably apparent to or reasonably suspected by the Customer or should have been suspected by the Customer except to the extent that any defect was due to the fault of the Company;
22.2. for any damage which occurs as a result of persons performing the Services following the Customer’s instructions, guidance and/or advice except to the extent that such damage results from the negligence of the Company;
22.3. unless the Customer provides the Company with written evidence of any claims together with written details of how the loss was caused by the Company.
23. Where the Customer is a Consumer, the Company shall only be liable to the Customer:
23.1. for losses that were foreseeable to both parties when the Customer purchased the Products; and
23.2. for losses that are caused as a result of the Company’s negligence, or a breach of contract or breach of statutory duty by the Company.
24. Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury due to its negligence, breach of duty or breach of contract.
25. The Customer agrees to accept full responsibility for all loss or damage caused by the use of the Products or any of them for which the Company is not liable and agrees to compensate the Company fully against all actions, claims, demands, proceedings, costs and expenses or otherwise arising from or attributable to the same. Without limiting the generality of the foregoing in the case of damage to the Goods of such a nature that they cannot be easily repaired the Customer shall exchange the Goods for replacement Goods and shall pay to the distributor or dealer appointed by the Company with whom the Customer deals hereunder a sum equivalent to the current cylinder charge in respect of the type of cylinder in question.
26. As a Consumer, the Customer has certain statutory rights regarding the supply of defective goods or equipment and claims in respect of losses caused by any negligence of the Company or failure by the Company to carry out any of its obligations under this Agreement. Nothing contained in this Agreement shall affect the Consumer’s statutory rights.
Limitation of Liability where the Customer is a Business
27. All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
28. Where the Customer is a Business, in addition to clause 21, the Company shall not be liable:
28.1. if any monies due from the Customer to the Company have not been paid in full;
28.2. for damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer's continued use of defective Products after a defect has become apparent to or suspected by the Customer or should have been suspected by the Customer;
28.3. unless the Customer provides the Company with written evidence of any claims together with written details of how the loss was caused by the Company and the steps the Customer has taken to mitigate the loss;
28.4. for any damage which occurs as a result of persons performing the Services following the Customer’s instructions, guidance and/or advice unless such damage results from the negligence of the Company;
28.5. to the extent that the Customer is covered by any policy of insurance and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Company.
29. The Company shall have no liability to the Customer for any:-
29.1. consequential losses;
29.2. loss of profits and/or damage to goodwill;
29.3. economic and/or other similar losses;
29.4. special damages and indirect losses;
29.5. business interruption, loss of business, contracts and/or opportunity; and/or
29.6. inconvenience, delay or loss of production.
30. The Customer agrees to accept full responsibility for all loss or damage caused by the use of the Products or any of them for which the Company is not liable and agrees to indemnify the Company fully against all actions, claims, demands, proceedings, costs and expenses or otherwise arising from or attributable to the same. Without limiting the generality of the foregoing in the case of damage to the Goods of such a nature that they cannot be easily repaired the Customer shall exchange the Goods for replacement Goods and shall pay to the distributor or dealer appointed by the Company with whom the Customer deals hereunder a sum equivalent to the current cylinder charge in respect of the type of cylinder in question.
31. Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
31.1. liability for breach of contract;
31.2. liability in tort (including negligence); and
31.3. liability for breach of statutory duty and/or common law.
32. Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury due to its negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.
33. The Customer agrees that his obligations under this Agreement are direct obligations to the Company. The Customer further acknowledges and agrees to comply with the directions of any distributor or dealer who is an agent of the Company for the purposes of carrying out the obligations of the Company and for the purpose of enforcing this Agreement as if they were the directions of the Company.
34. The Company may at any time in its sole discretion direct the Customer to deal with the Company or another duly appointed distributor or dealer of the Company rather than the distributor or dealer with whom the Customer normally deals.
35. The validity construction and performance of this Agreement shall be governed by English Law and all disputes claims or proceedings between the parties relating thereto shall be subject to the jurisdiction of the English Courts to which the parties agree to submit.