1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 Who we are. We are Hermon Hodge Limited, trading as Ribble Fuel Oils, Leighton Oils and Preston Fuels, a company registered in England and Wales. Our company registration number is 01247450 and our registered office is at 281 Carnfield Place, Walton Summit, Preston, PR5 8AN. Our registered VAT number is 156 46 8439.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01772 337 367 or by writing to us at 281 Carnfield Place, Walton Summit, Preston, PR5 8AN or firstname.lastname@example.org.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We may assign an order number to your order. If so, we will tell you what it is when we accept your order. If you have been provided with one, it would help us if you can tell us the order number whenever you contact us about your order.
3.5 FPS Code of Practice. We are members of the Federation of Petroleum Suppliers so will always endeavour to comply with the FPS Code of Practice. A copy of the Code of Practice is available on our website and we would be happy to provide you with a copy on request.
4.1 Products may vary slightly from their pictures. Any images of the products on our website or in any brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or a picture in any brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.3 YOU MUST FOLLOW ANY INSTRUCTIONS PROVIDED WITH THE PRODUCTS. DUE TO THE NATURE OF OUR PRODUCTS, YOU MUST FOLLOW ANY WRITTEN OR ORAL INSTRUCTIONS PROVIDED BY US IN RESPECT OF STORAGE, INSTALLATION, COMMISSIONING, USE OR MAINTENANCE OF THE PRODUCTS. IN PARTICULAR, IT IS IMPORTANT THAT OUR PRODUCTS ARE STORED IN CONTAINERS OR AN ENVIRONMENT SPECIFICALLY DESIGNED FOR THAT PRODUCT.
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 Please note that once an order has been scheduled for delivery, it may not be possible to make changes.
6.2 More significant changes to the products and these terms. If we are required to make significant changes to the products, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7.2 Delivery details. When placing orders, the information you provide must be accurate and include the following: your full name, full postal address, a contact telephone number, an email address, specific delivery instructions and full details of any potential hazards (including pets) when delivering the products and the volume of products you require (it is important that you do not order a volume of product in excess of what your tanks can hold).
7.3 When we will provide the products.
7.3.2 If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If you are not at home when the product is delivered. If agreed in advance, you should ensure that we can gain access to your property and that any tanks that require refilling are unlocked. You should also ensure that your property is safe for us to deliver the products. We will then ensure that a completed meter ticket is either posted through your letterbox, left with the tank or somewhere else identifiable.
7.6 Checks we undertake prior to delivery. We will undertake checks as per the FPS code of practice prior to delivery being made, such checks may include:
7.6.1 whether any tanks are accessible;
7.6.2 whether there are any visible leaks in the tanks;
7.6.3 whether there is any visible rust which may affect the tank’s ability to hold the product;
7.6.4 whether there is any structural damage to the tanks;
7.6.5 whether the tank is secure and safe to make delivery;
7.6.6 visual checks to ensure there is sufficient ullage for the quantity of product ordered to be offloaded into the tank;
If, after making the checks above we determine that it is not possible or safe to deliver, we may have to cancel delivery of the products.
7.7 Refilling the tank. The amount of fuel required to refill the tank will be determined by us using our discretion (but at all times acting reasonably). If you are of the view that the tank has not been adequately refilled, please let us know as soon as possible.
7.8 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
7.9 If you do not allow us access to provide products or services. If you do not allow us access to your property or tanks to provide products or perform services as arranged (and you do not have a good reason for this), or if we cannot gain access to your property or tanks, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.2 will apply.
7.10 If you cancel the delivery when the delivery vehicle is en-route to your property. If you cancel the delivery when the vehicle is en-route to your property, we may charge you additional costs incurred by us as a result.
7.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, such as the details noted in clause 7.2 above. If so, this will have been told to you over the telephone or in the course of our email exchanges (where applicable). We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.16 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.5), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
8.1 When this clause applies. The terms in this clause 8 will only apply if you sign up to our “Top-Up Scheme”.
8.2 How often we will refill your tank. We will refill your fuel tank once every calendar month on such dates as notified in writing by us..
8.3 Refilling the tank. The amount of fuel required to refill the tank will be determined by us using our discretion (but at all times acting reasonably). If you are of the view that the tank has not been adequately refilled, please let us know as soon as possible.
9.1 When this clause applies. The terms in this clause 9 will only apply if you require a bulk delivery of fuel (for example a large delivery of fuel by tanker).
9.2 Meter Delivery or Bulk Drop. In the event of bulk fuel deliveries, the fuel will be offloaded into your tanks by either meter delivery or “bulk drop”:
9.2.1 Meter delivery. On delivery the meter ticket will be stamped by the meter system showing the quantity delivered.
9.2.2 Bulk drop. This method of delivery by passes the metering system and our driver or courier will provide evidence of the quantity of fuel loaded.
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 10.2.1 to 10.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought over the telephone or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4.5 any other circumstances where you are not permitted to change your mind pursuant to the Consumer Contracts Regulations 2013 or any other relevant laws and regulations.
PLEASE NOTE THAT DUE TO THE NATURE OF OUR PRODUCTS (I.E. FUELS), THERE MAY BE MANY CIRCUMSTANCES WHICH SATISFY THE ABOVE CRITERIA AND DO NOT PROVIDE YOU WITH AN OPTION TO CHANGE YOUR MIND.
11.1.1 Phone or email. Call customer services on 01772 337 367 or email us at email@example.com. Please provide details of what you bought, when you ordered or received it and your name and address.
11.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, where possible, we may request that you return them to us, or arrange for them to be collected.
11.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, as told to you over the telephone or in the course of our email exchanges (where applicable).
11.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling of them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.7.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
13.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01772 337 367 or write to us at firstname.lastname@example.org or 281 Carnfield Place, Walton Summit, Preston, PR5 8AN..
13.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, we may request that you return them to us. We will pay the costs of postage or collection. Please call customer services on 01772 337 367 or email or write to us at email@example.com or 281 Carnfield Place, Walton Summit, Preston, PR5 8AN to arrange collection.
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as told to you over the telephone or in the course of our email exchanges (where applicable). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order and clause 14.4 in the event of price fluctuation.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 Price Fluctuation. Please be aware that due to the nature of fuel, the price can increase and decrease within a short period of time. We will attempt to provide you with as much notice as we can if this is the case, however due to the nature of the product; sometimes this is not always possible.
14.5 When you must pay and how you must pay. We accept payment by credit or debit card. When you must pay will be notified to you during the order process. We may agree a direct debit payment plan, however whether we do so and the terms on which we do so are at our reasonable discretion.
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, you should contact us within 14 days of the date of the invoice. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
(Complete and return this form only if you wish to withdraw from the contract)
To Hermon Hodge Limited (please note our contact details above) I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of customer(s),
Address of customer(s),
Signature of customer(s) (only if this form is notified on paper),
[*] Delete as appropriate