Kettlewell Fuels Terms and Conditions

Version: July 2021

1. INFORMATION ABOUT US AND HOW TO CONTACT US

1.1 We are Kettlewell Fuels Limited (‘We, Our, Us’), a company registered in England and Wales. Our company registration number is 2092955 and Our registered office is at c/o Schofield Sweeney LLP, Springfield House, 76 Wellington Street, Leeds, LS1 2AY.

1.2 You can contact Us by telephoning Our customer service team at 01765 640682 or by writing to Us at Kettlewell Fuels Limited, Elizabeth House, 1 Brewery Close, Barker Business Park, Melmerby, Ripon HG4 5NL or by email to sales@kettlewellfuels.co.uk.

1.3 If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.

2. DEFINITIONS

2.1 When the following words with capital letters are used in these Terms, this is what they will mean:

2.1.1 Consumer: an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

2.1.2 Equipment: Kettlewell Fuels Monitor & Fill oil level monitoring equipment comprising of a tank sensor, a transmitter and an internet dongle.

2.1.3 Event Outside Our Control: is defined in clause 12.2.;

2.1.4 Goods: the goods that We are selling to you as set out in the Order;

2.1.5 Order: your order for the Goods;

2.1.6 Monitor & Fill Service: The Kettlewell Fuels Monitor & Fill Service as set out in clause 9 of these Terms;

2.1.7 Terms: the terms and conditions set out in this document;

2.1.8 Trader: a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf; and

2.1.9 We/Our/Us: means Kettlewell Fuels Limited as set out at clause 1.

2.1.10 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

3. OUR CONTRACT WITH YOU

3.1 These are the terms and conditions on which We supply Goods to you when you order through Our website at www.kettlewellfuels.co.uk or by calling our customer service team on 01765 640682.

3.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate. If you think that there is a mistake or require any changes, please contact Us to discuss before submitting your Order.

3.3 When you order online, these Terms will become binding on you and Us when We contact you to accept your Order, at which point a contract for the supply of the Goods will come into existence between you and Us.

3.4 When you order over the telephone, these Terms will become binding on you and Us when we confirm on the phone that we have accepted your Order.

3.5 If We are unable to accept your Order, We will contact you and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on Our resources which We could not possibly plan for, because We have identified an error in the price or description of the Goods or because We are unable to meet a delivery deadline you have specified.

3.6 We shall assign an order number to your Order and tell you what it is when we accept your Order. We will print this on the delivery note when the Goods are delivered. Please quote the order number in all subsequent correspondence with Us relating to the Order.

3.7 Unfortunately, We do not accept Orders from addresses outside the UK.

4. CHANGES TO ORDER OR TERMS

4.1 We may revise these Terms from time to time in the following circumstances:

4.1.1 changes in how We accept payment from you;

4.1.2 changes in relevant laws and regulatory requirements; and

4.1.3 changes to accepted industry practice in the distribution of the Goods.

4.2 If We have to revise these Terms under clause 4.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 13.

4.3 If you wish to make a change to an Order before it has been fulfilled, please call Our customer service team on 01765 640682. 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 Goods, 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. If We cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your Order, please see your right to do so in clause 13.

5. DELIVERY OF GOODS

5.1 Please note that timescales for delivery will vary depending on the availability of the Goods, weather conditions and your address.

5.2 When you place your Order We will deliver the Goods in a timely manner and in any event within 30 days after the day on which we accept your Order. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.

5.3 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us and:

5.3.1 in the case of delivery of Goods by tanker, delivery will be deemed to have taken place when on discharge it passes the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) provided by you for receiving that delivery; and

5.3.2 in the case of delivery of Goods by barrel or other packaging, delivery will be deemed to have taken place at the time of off-loading when the Goods are removed from Our delivery vehicle.

5.4 Where possible We will leave a delivery note confirming delivery of the Goods.

5.5 All risks associated with the storage and use of the Goods supplied shall pass to you once the Goods have been delivered.

5.6 In respect of delivery of the Goods to non-domestic premises, it is your responsibility to notify Us of any specific security or health and safety procedures that you require Us to comply with when delivering the Goods.

5.7 When you order a specific quantity it is acknowledged by you that due to the nature of the Goods there may from time to time be a shortfall in the quantity of Goods actually delivered (Shortfall).

5.8 In the event of a Shortfall, you will be charged only for the amount delivered and not the amount ordered. If a further delivery is to be made this will be treated as a separate contract.

6. IF THE GOODS ARE FAULTY

6.1 If you have any questions or complaints about the Goods, please contact Us. You can telephone Our customer service team at 01765 640682 or by writing to Us at Kettlewell Fuels Limited, Elizabeth House, 1 Brewery Close, Barker Business Park, Melmerby, Ripon HG4 5NL or by email to sales@kettlewellfuels.co.uk.

6.2 If you are purchasing the Goods as a Consumer, we are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7. CUSTOMER’S RESPONSIBILITY

7.1 We will supply and deliver the Goods (in bulk) to you subject to you ensuring that:

7.1.1 you provide Us with clear delivery instructions including full address and if applicable the location or identity of specific storage tanks;

7.1.2 there is safe, unobstructed access to your premises and storage tank;

7.1.3 the storage into which the delivery is to be made is safe, correctly installed and fit for purpose; has a secure gauging system for bulk storage and complies in all respects with all relevant statutes and regulations which may be in force from time to time;

7.1.4 the storage into which the delivery is to be made will accommodate the full quantity ordered, in the event that there is insufficient capacity in the storage tank(s) provided for the whole of the ordered amount to be delivered, you will be charged for the amount delivered only;

7.1.5 you observe good health and safety practice due to the highly flammable nature of the Goods whether or not such practice is enforceable by law; and

7.1.6 if you are present at delivery you ensure that the driver making the delivery couples up with the correct feed on your tank(s).

7.2 In the event that you fail to comply with the requirements in clause 7.1, we reserve the right not to deliver, and will not be liable for any such non-delivery (or delayed delivery) and/or any required re-delivery.

8. AUTOMATIC TOP UPS

8.1 Where you have requested Us to provide automatic top ups We shall use Our reasonable endeavours to monitor your supply and estimated usage.

8.2 Automatic top ups are calculated by way of estimate only and it is acknowledged by Us and you that there is the possibility that We may not deliver the Goods on time and your supply runs out. In the event that this happens We agree to contribute a maximum ex-gratia payment of £100 towards any proper and reasonable costs that you may incur for your boiler to be re-lit. We will have no further liability to you for failure to deliver on time. We will request a copy of any invoice you have received before payment is made.

8.3 Please note that our automatic top up service is not available online and must be ordered by calling 01765 640682.

9. MONITOR & FILL SERVICE

9.1 This clause 9 applies when you sign up for Our Monitor & Fill Service. This service differs from our automatic top up service at clause 8 of these Terms and further details can be found at www.kettlewellfuels.co.uk/fuels/monitor-and-fill/. The Monitor and Fill Service is provided in partnership with Kingspan Water & Energy Limited (Company No. NI017631) of 180 Gilford Road, Portadown, Co Armagh, BT63 5LE (Kingspan).

9.2 You can sign up for the Monitor & Fill Service by calling Our customer service team on 01765 640682. To sign up you will be required to pay a one-off fee to purchase the Equipment and pay an annual management charge. The annual management charge will be payable each year and will cover the monitoring services provided by Us.

9.3 Data Signal

9.3.1 The Equipment uses GPRS connection and built-in SIM technology to communicate the level of Goods in your tank. The Monitor & Fill Service is only available if Our service provider’s network is successfully received at the point of installation.

9.3.2 At the point of installation the engineer will be able to establish if the system will work in the area or not and, in the event that the engineer is not able to pick up a signal, a refund will be given to you for all amounts paid in relation to the installation of the Equipment and any annual management charge paid prior to the engineer’s visit.

9.4 Services

9.4.1 We will regularly collect data from your Equipment to monitor the volume of Goods in your tank. You can monitor this data yourself by using the monitoring device contained within Equipment or by downloading the “Kingspan Connect” app.

9.4.2 When your tank reaches 30% capacity (or alternatively at a re-order level agreed with you), Our customer service team will contact you to arrange delivery and take payment of the Goods in accordance with these Terms. If you are on a payment plan, our customer service team will simply contact you to arrange delivery of the Goods as there will be no need to take payment.

9.5 Damage to the Equipment

9.5.1 Should your Equipment become damaged, please call our customer services team on 01765 640682.

9.5.2 If the Equipment becomes defective within 12 months of the date of installation, We will replace the Equipment free of charge including the cost of installation.

9.5.3 If the Equipment becomes defective after 12 months of the date of installation or is damaged by you or a third party then We will repair or replace the Equipment but you will be liable for the full replacement and/or repair costs. We will notify you of any such costs before carrying out the repairs or installation.

9.5.4 Whilst the Equipment is defective, and until a replacement has been fitted and commissioned, Our obligation to provide the Monitor & Fill Service is suspended. This shall not affect your obligation to pay the annual management charge unless We fail to repair or supply replacement Equipment within a reasonable period of time.

9.5.5 You must not interfere with the Equipment or obstruct the operation of the Equipment (or allow it to be interfered with or its operation to be obstructed).

9.5.6 Should an engineer be requested after the installation of the Equipment, a call out charge may apply.

9.6 Responsibilities

9.6.1 Should we fail to deliver the Goods or We fail to contact you as required under clause 9.4.2, We agree to contribute a maximum ex-gratia payment of £100 towards any proper and reasonable costs that you may incur for your boiler to be re-lit. We will have no further liability to you for failure to deliver on time. We will request a copy of any invoice you have received before payment is made.

9.7 Non-standard Installations

9.7.1 In accordance with these Terms, the cost of a standard installation of the Equipment is inclusive in the purchase price. However, if we reasonably believe that an installation is non-standard we reserve the right to apply a charge for this.

9.8 Monitor & Fill Service Cancellation

9.8.1 You must continue to pay the annual management charge for the Monitor & Fill Service to be maintained. We reserve the right to cancel the Monitor & Fill Services if we do not receive payment of the annual management charge.

9.8.2 If you wish to cancel the Monitor & Fill Service, you must do so by giving 30 days’ written notice of cancellation by email at: sales@kettlewellfuels.co.uk The Monitor & Fill Service will then be switched off upon receipt of notice. There will be no reimbursement for the Equipment or installation.

10. PRICE AND PAYMENT

10.1 The price of the Goods fluctuates in line with crude oil prices, however the price indicated either on the Order pages when you placed your Order or as advised on the telephone and confirmed in the Order confirmation, will be fixed on the date of that Order and will not fluctuate thereafter in respect of that specific order.

10.2 The price payable by you shall be the price in accordance with clause 10.1 plus Value Added Tax (VAT) where appropriate.

10.3 It is always possible that, despite our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Good’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 Good’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.

10.4 We accept payment with Visa, Mastercard and Maestro. For Goods delivered by tanker, we will ring-fence payment for the Goods at the time of the Order, however We will only charge your credit or debit card for the amount delivered (as set out in the delivery note), the day after delivery. For Goods delivered by barrel or other packaging, payment is due and payable upon you placing the Order. We reserve the right not to accept your Order if we cannot take payment from you upon receipt of your Order.

10.5 Other forms of payment may be agreed with Us but only at our discretion.

10.6 We may issue you with an invoice on or at any time after completion of delivery. Where there are payments outstanding, they must be made within the payment terms specified on the invoice or in accordance with any credit terms agreed by Us and confirmed in writing to you.

10.7 If you do not make any payment due to Us by the due date for payment then We may charge interest to you on the overdue amount at the rate of 2% 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.

10.8 However, if you dispute an invoice in good faith and contact Us within 5 days from the date of the invoice to let Us know that you dispute it, clause 10.7 will not apply for the period of the dispute.

10.9 Subject to you satisfying our credit check requirements, We may agree for you to pay for your Goods over a 12 month period. We will notify you of the monthly amount payable, such monthly instalments must be paid by you on the agreed date each calendar month by way of direct debit or standing order. If there are insufficient funds against your account with us at the time you make an Order for Goods we will notify you and request that you make an interim payment to ensure that any shortfall is met within 14 days from the date of delivery. If you fail to comply with these terms and conditions then We reserve the right to withhold any further deliveries and demand payment in advance or cash on delivery.

11. OUR LIABILITY TO YOU

11.1 Subject to clause 11.4, if We fail to comply with these Terms, We are responsible for any loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into this contract.

11.2 Subject to clause 11.4, We will make good any damage to your property as a result of any negligent act or omission caused by Us in the course of delivery of the Goods. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of delivery by Us.

11.3 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 and for fraud or fraudulent misrepresentation.

11.4 In relation to Traders and subject to clause 11.3:

11.4.1 We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this contract; and

11.4.2 Our total liability to you in respect of all other losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods under the relevant Order against which a liability is proved.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation disruption of supply, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.

12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms

12.3.1 We will contact you as soon as reasonably possible to notify you; and

12.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 12. We will only cancel the contract if the Event Outside Our Control continues for longer than 12 weeks in accordance with Our cancellation rights in clause 16.3.

13. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

13.1 Before the Goods are delivered, you have the right to cancel an Order for Goods for any reason, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 4.1 to your material disadvantage, as follows:

13.1.1 You may cancel any Order for Goods up to 24 hours before the date of delivery by contacting Us.

13.1.2 If you cancel an Order under clause 13.1.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.

13.1.3 If you cancel an Order with less notice than 24 hours’ notice before the date of delivery then We reserve the right to charge a you a reasonable cancellation fee to cover administrative costs of which We will notify you at the time of cancellation. We will not charge you a cancellation fee if you are a Consumer and you are exercising your rights under clause 14.

14. YOUR RIGHTS TO CHANGE YOUR MIND

14.1 If you are a Consumer and the Goods have been delivered to you by barrel or other packaging, you have 14 days after the day you (or someone you nominate) receives the Goods to change your mind, cancel the contract and receive a refund, unless your Goods are split into several deliveries over different days (in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods).

14.2 Your right to change your mind in accordance with clause 14.1 does not apply where you are a Trader or the Goods have been delivered in bulk and filled in a storage tank, container, receptacle, vessel or fill line (as the case may be) as they will have become mixed inseparably with other liquids upon delivery. This does not affect your statutory rights as set out at clause 6 of these Terms.

15. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

15.1 To end the contract with Us, please let Us know by writing to Us at Kettlewell Fuels Limited, Elizabeth House, 1 Brewery Close, Barker Business Park, Melmerby, Ripon HG4 5NL or by email to sales@kettlewellfuels.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

15.2 If you end the contract for any reason after the Goods have been dispatched to you, you must allow Us to collect them from you where possible. Please call customer services on 01765 640682 or email Us at sales@kettlewellfuels.co.uk to arrange collection.

15.3 We will pay the costs of return:

15.3.1 if the Goods are faulty or misdescribed; or

15.3.2 if you are ending the contract because we have told you of an upcoming change to the Goods 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.
In all other circumstances (including where you are exercising your right to change your mind under clause 14) you must pay the costs of return.

15.4 As the Goods are not suitable for posting, you must allow Us to collect them from you and you must do so within 14 days of you informing us that you wish to cancel. We will charge you the direct cost to Us of collection, which will be advised to you in advance.

15.5 We will refund you the price you paid for the Goods by the method you used for payment. 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 Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

15.6 If you are exercising your right to change your mind, 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.

15.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then We will refund you within 14 days of your telling Us you have changed your mind

16. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

16.1 We may end the contract for Goods at any time by writing to you if:

16.1.1 you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Goods, for example, providing the correct address for delivery;

16.1.2 you do not, within a reasonable time, allow Us to deliver the Goods to you or collect them from Us; or

16.1.3 you do not, within a reasonable time, allow Us access to your premises to deliver the Goods.

16.2 If We end the contract in the situations set out in clause 16.1. We will refund any money you have paid in advance for Goods We have not provided but We may deduct or charge you reasonable compensation for costs and losses We will incur as a result of your breaking the contract depending on the date on which We end the contract, as compensation for the costs We will incur as a result of your breaking the contract (for example, aborted delivery and administrative costs).

16.3 If We have to cancel an Order for Goods due to an Event Outside Our Control, We will contact you promptly and refund any payment in advance for Goods that have not been delivered to you.

17. UKIFDA CODE OF PRACTICE

17.1 For the benefit of Our domestic customers, We can confirm that We are members of UKIFDA - UK & Ireland Fuel Distributors Association (UKIFDA) and undertake to abide by the UKIFDA’ Code of Practice. We will be happy to provide you with a copy of the UKIFDA Code of Practice and their Customer Charter at your request.

18. DATA PROTECTION

18.1 We will only use your personal information as set out in our Privacy Policy 

19. OTHER IMPORTANT TERMS

19.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

19.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.3 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.

19.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

19.5 Alternative Dispute Resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a Consumer and you not happy with how We have handled any complaint, you may want to contact the alternative dispute resolution provider We use. You can submit a complaint to UtilitiesADR via their website at www.utilitiesadr.co.uk. UtilitiesADR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

19.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a Consumer and resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a Consumer and resident in Scotland, you may also bring proceedings in Scotland.

SCHEDULE 1- Model Cancellation Form

Complete and return this form only if you are a Consumer and wish to withdraw from the contract

To Kettlewell Fuels Limited, Elizabeth House, 1 Brewery Close, Barker Business Park, Melmerby, Ripon HG4 5NL; Tel: 01765 640682; by email to sales@kettlewellfuels.co.uk.

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:

Ordered on:

Name of consumer:

Address of consumer:

Signature of consumer(s) (only if this form is notified on paper):

Date: