NWF FUELS TERMS AND CONDITIONS
1.1 These Conditions apply to all orders placed with the Company for the supply of the Goods and Services and are incorporated by reference in all future Contracts.
1.2 In these Conditions the following expressions shall have the following meanings:
1.3 “Company” means NWF Fuels Ltd (and/or any subsidiary or associated companies or other associated trading entities with whom the Customer places an order).
1.4 “Contract” means the contract between the Customer and the Company for the supply of Goods and/or Services in accordance with these Conditions, which comes into existence when the Customer places an order with the Company and the Company accepts that order;
1.5 “Customer” means the person, company or other body for whom the Company performs the Services;
1.6 “Goods” means the fuel ordered by the Customer;
1.7 “Insolvent” has the meaning given in clause 8.1;
1.8 “Services” means the delivery of the Goods by the Company pursuant to an order by the Customer;
1.9 “Working Day” means any day which is not a Saturday, Sunday, a bank holiday or a public holiday in England.
1.10 These Conditions are deemed to be accepted by the Customer upon placing an order with the Company.
2. CONTRACT PRICE
2.1 The contract price for the Goods and Services is based on the cost of goods, materials, labour and transport and of conforming to statutory obligations.
2.2 If between the date of the Contract and the commencement of the Services, increases occur in the Company’s underlying costs, the contract price shall increase accordingly. The Company shall inform the Customer of the revised price prior to commencing the Services and the Customer may elect to cancel the Contract.
2.3 It is the Customer’s responsibility to confirm the correct VAT rate depending on the quantity and use of the Goods.
3.1 All accounts shall be due for payment upon delivery of the Goods or performance of the Services by the Company under the Contract, unless:
3.1.1 the date for payment is stated on the Company’s invoice or statement, in which case such date shall be the due date for payment;
3.1.2 if the payment date falls on a day other than a Working Day then payment must be made on the Working Day immediately prior to the payment date.
3.1.3 credit has been extended to the Customer, in which case payment should be made within the agreed credit period.
3.2 If any discount appears on any invoice or statement relating to the Goods or Services, the Customer shall be entitled to deduct that discount from the contract price, PROVIDED THAT payment is made on or before the due date for payment and that there are no outstanding sums due and owing by the Customer to the Company.
3.3 Any queries regarding the contract price and/or any invoice must be raised with the Company in writing within 14 days of the date of the invoice. If no queries are raised within this period, the Customer is deemed to accept the invoice in full.
3.4 If payment is not made within 30 days of the payment due date following delivery of the of the Goods or performances of the Services, the Company shall be entitled to charge statutory interest of 8% per annum on the amount (including interest) remaining unpaid on the last day of each month.
3.5 The Company shall be entitled to recover as a debt from the Customer on a full indemnity basis all costs, charges and expenses incurred by the Company in employing a solicitor or otherwise enforcing or collecting payment of any overdue account.
3.6 Payments made by the Customer, and any credits or refunds due to the Customer, shall be applied first in payment of any interest due to the Company, and secondly in reduction of the Customer’s other indebtedness to the Company.
4. CUSTOMER’S OBLIGATIONS
4.1 The Customer warrants to the Company that:
4.1.1 The Customer will provide sufficient information and access to the Company to allow the Company to perform the Services and ensure safe delivery of the Goods;
4.1.2 The Customer maintains equipment suitable to accept delivery of the Goods and Services;
4.1.3 All such equipment (including but not limited to any fuel tank, gauge and associated pipework) is regularly inspected, fit for purpose, in good working order, and is suitable to accept delivery of the Goods ordered;
4.1.4 Where the Customer specifies the quantity of Goods required, the Customer’s equipment has sufficient capacity to receive the quantity of Goods ordered.
4.2 The Customer acknowledges that the Services do not include, and the Company does not accept any liability for, the inspection, checking, dipping or testing of the Customer’s tanks or any other equipment required to accept delivery of the Goods. The obligation to ensure the suitability and maintenance of the Customer’s equipment for the Goods ordered rests entirely with the Customer.
4.3 The Customer shall be responsible for ensuring they have sufficient fuel to operate their premises and/or business without interruption (“Down Time”). The risk of Down Time shall remain with the Customer and it is the Customer’s responsibility to time the placement of orders with the Company to avoid Down Time.
5.1 The Company warrants to the Customer that it will perform the Services using reasonable skill and care.
5.2 The Customer shall be liable for, and shall indemnify the Company against, all foreseeable losses, costs, claims, damages, loss of profits and reasonable expenses arising out of any breach of the Customer’s obligations under these Conditions, including but not limited to any liability from resulting spillages.
5.3 The Customer shall have no claim against the Company for damage or loss of Goods in transit or shortage of delivery unless:
5.3.1 Wherever possible, written notice is given to the carrier of the Goods at the time of delivery; and
5.3.2 Written notice is given to the Company at NWF Group Plc, Wardle, Nantwich, Cheshire, CW5 6BP within seven days of receipt of the Goods.
5.4 The Company shall not be liable for any indirect, special or consequential and unforeseeable loss suffered by the Customer, including but not limited to loss of profit, contribution or opportunity.
5.5 To the extent that it can be limited by law, the Company’s total liability arising under these Conditions or in respect of the Goods and/or Services shall be limited to the contract price.
5.6 Nothing in these Conditions seeks to limit the Company’s liability for death or personal injury caused by the Company’s negligence.
5.7 No action or proceedings under or in respect of these Conditions or the supply of the Goods and/or the Services shall be commenced against the Company after the expiry of 1 year following the conclusion or termination of the Services.
5.8 The Contract, these Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and shall be subject to the jurisdiction of the English courts.
6. DISPATCH & DELIVERY
6.1 Any time or date for delivery of the Goods or performance of the Services (whether by instalment or not) is a business estimate only and not a contractual obligation. Where availability information and delivery estimates are listed on any of the Company’s websites, these are estimates only and are subject to change.
6.2 If the Services are hindered or delayed by any cause whatsoever beyond the Company’s reasonable control, including but not limited to civil commotion, strikes, lock-outs, shortened hours of labour, cessation of labour, epidemics, war, fire, accidents, defective materials, delays in transit and perils of the sea, rivers or air in the case of imported goods failure to arrive safely (Force Majeure), the Company shall not be liable under these Conditions.
6.3 Where a Force Majeure event occurs the Contract will not be cancelled. The delivery or the date of completion as the case may be shall be extended by the period of the delay.
6.4 The Company may at its discretion deliver Goods by instalments, in which case each instalment shall stand as a separate contract.
6.5 The Company reserves the right to withhold deliveries until all or any outstanding payments of whatsoever nature due to the Company from the Customer under this or any other contract have been made.
6.6 The volume of every delivery of the Goods shall be gauged by the meter of the Company’s fuel tanker, which shall be conclusive as to the volume of the Goods delivered.
6.7 The volume of unmetered deliveries shall be evidenced by a bill of laden, which shall be conclusive evidence as to the volume of goods delivered and the contract sum.
7. PASSING OF PROPERTY AND RISK
7.1 The Goods shall be at the Customer’s risk from delivery.
7.2 Title to the Goods shall remain with the Company until the payment of the total price thereof and any other payments of whatsoever nature due to the Company from the Customer whether under this or any other contract.
8.1 If the Customer:-
8.1.1 is or is deemed unable to pay its debts as they fall due; or
8.1.2 becomes the subject of any insolvency procedure, or any proposal for or step in connection with either an insolvency procedure (including but not limited to receivership, liquidation, administration, a notice of intention to appoint administrators, voluntary arrangements, bankruptcy, a Debt Relief Order or a County Court administration order) or a compromise, composition or arrangement with his or its creditors; or
8.1.3 ceases to trade, is struck off or an application is made for its striking off from the Register of Companies or he or it otherwise ceases to exist; or
8.1.4 is the subject of an event having the equivalent, similar or analogous effect of any of the above;
then the Customer shall be considered “Insolvent” and clause 8.2 shall apply.
8.2 Where an event set out in clause 8.1 has occurred:
8.2.1 the full price of any Goods delivered shall be immediately payable notwithstanding any previous arrangement to the contrary;
8.2.2 the Company shall have the right to cancel and/or suspend any further deliveries; and
8.2.3 the Company, at its discretion, may terminate the Contract.
9.1 Severance – Each of the provisions in these Conditions is distinct and severable from the others. If at any time one or more of those provisions is or becomes unenforceable, the remaining provisions shall not be affected.
9.2 Entire Agreement – The Contract and these Conditions supersede any previous agreements or arrangements between the parties in respect of the Goods and Services. Both parties agree that they have not in entering into this Agreement relied upon any representation or statement not in this Agreement
9.3 Variation – The Company reserves the right to make changes to these Conditions at any time. The Customer will be subject to the Conditions in force at the time the Contract is made.
9.4 Waiver – A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
9.5 No partnership or agency – Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
9.6 Third party rights – A person who is not a party to the Contract may not enforce any terms of the Contract under the Contracts (Rights of Third Parties) Act 1999.
9.7 Privacy – The Company’s Privacy Notice and Cookies & Internet Advertising policy are available on the Company’s website for the Customer’s review.
9.8 Complaints – Any complaints should be sent to the Company using the “Contact Us” form on the Company’s website, or to NWF Group Plc, Wardle, Nantwich, Cheshire, CW5 6BP.
10. CONSUMER RIGHTS
10.1 Where the Customer is a “consumer” (as defined by section 2 of the Consumer Protection Act 2015):
10.1.1 Any provision of these Conditions which would be of no effect by virtue of the Consumer Protection Act 2015 shall not apply.
10.1.2 The statutory rights of the Customer shall not be affected by these Conditions.
10.1.3 If the Customer places an order by telephone or online, the Customer has the right to cancel the Contract within 14 days, beginning on the day after the Customer receives the Goods (the “Cancellation Period”), without giving any reason. To exercise that right, the Customer must send the Company a clear, written statement of its decision to cancel before the Cancellation Period expires. A model cancellation form and relevant contact details are provided on the Company’s website, but use of the form is not obligatory.
10.1.4 If the Customer cancels during the Cancellation Period:
(i) The Company will reimburse to the Customer all payments received in respect of the Goods no later than 14 days after the Company receives return of the Goods, subject to the Company’s right to deduct any loss in value of the Goods as a result of unnecessary handling by the Customer;
(ii) The Customer will not incur any credit card or bank fees as a result of the reimbursement;
(iii) The Customer shall bear the direct cost of returning the Goods.
11. DATA PROCESSING AND CREDIT CHECKS
11.1 The Company will use the financial and personal information that the Customer provides to:
11.1.1 provide the product and/or services outlined in the Contract;
11.1.2 process payments made in accordance with the Contract;
11.1.3 inform the Customer about similar products or services that the Company provides. The Customer may stop receiving these communications at any time by contacting the Company.
11.2 The Company from time-to-time:
11.2.1 Check on the Customers’ financial and/or personal information utilizing publicly available information such as the electoral role and public asses registers; and
11.2.2 Supply the Customers’ financial and/or personal information to credit reference agencies (“CRAs”) who will provide the Company with information about the Customer (including, but not limited to, financial history). This is done to asses creditworthiness and product and service suitability, check identity, manage the customers account, trace and recover debts and prevent criminal activity. The Company will also continue to exchange information about the Customer with CRAs on an ongoing basis, including information regarding settled accounts and any debts not fully repaid on time. CRAs will share this information with other organisations. The identities of the CRAs, and the ways in which they use and share personal information, are explained in more detail at:
Call Credit: www.callcredit.co.uk/crain
11.3 More information on how the Company collect and uses personal information and the Customer’s rights are available in the Company’s Privacy Notice at: http://www.nwffuels.co.uk/privacy-notice/. The Company will not give personal data to any other third party except as described in this Condition 11 and/or as set out in the Company’s Privacy Notice. The Company may transfer personal information outside the European Economic Area provided it is always covered by adequate data protection standards.