Registered Office: Rose Gas Limited, High Street, Buxted, East Sussex TN22 4LA
TERMS AND CONDITIONS OF SALE
Definitions.
In the text of these Terms and Conditions of Sale the following expressions may be used or referred to with the subsequent meaning.
a) ‘The Company” shall mean Rose Gas Limited.
b) “LPG” shall mean Liquefied Petroleum Gas – either Propane or Butane to meet current British Standards
c) “The Customer or Customers” shell mean any person, company, undertaking, organisation, their agents or representatives including as In 1d), 1e), If). applying to open a credit account – or as a cash sale customer, for the purpose of obtaining goods or services from Rose Gas Limited. Any customer requesting goads or services from The Company must supply correct address details of where the cylinder or cylinders will be used, including postcode and telephone numbers. Limited companies must supply their registration number and trading references from two other supplies. Non Limited companies must declare the names and addresses of owner/s. An Account application form must be completed In all cases. Failure to supply details may result in credit facilities being refused, and Rose Gas Limited reserves the right to use any credit reference agency, other body or Institution to verify any detail given by any customer.
d) “Trade Customers” shall mean any customer as in 1c) to whom Rose Gas Limited has agreed trade status.
e) “Dealer” shall mean any customer as In 1c) that has been authorised by Rose Gas Limited to re-sell goods or services supplied by Rose Gas Limited. Cylinder control documents may be supplied to a dealer to record the Issue of LPG cylinders bearing the mark “Rosegas”.
f) “Contract Customer’ shall mean any customer in 1c) owning LPG cylinders bearing the mark of The Customer that contract Rose Gas Limited to fill for them. Written proof of ownership or use of such cylinder will be required. All cylinders must comply with current legislation, be In test date and have tare weight and contents clearly marked. The contract customer must also indemnify Rose Gas Limited, Its agents or employees against any loss or damage however caused whilst such cylinders, employee, agent or representative of the contract customer are on any Rose Gas Limited property or vehicle. Proof of this indemnity may be requested.
g) “Cylinder or Cylinders” shall mean any LPG container whose design and construction meets current legislation. Rose Gas Limited reserves the right to refuse to fill a cylinder owned by a contract customer as In 10 that does not meet specified criteria with regard to safety or weights and measures standards.
Cylinder Use.
The Customer must declare to The Company the intended use of any cylinder or cylinders when applying far account facilities or purchasing on a cash sale basis.
a) Cylinders are issued, either on loan from The Company or against a hire and refundable deposit charge paid by a customer as In 1c), subject to the intended use of that cylinder or cylinders as stated by The Customer and should be returned for filling at the rate expected by The Company to benefit from any pricing structure associated with the use of such cylinder or cylinders. For example, bona fide central healing use would require a minimum consumption of LPG of 564kg per annum.
b) Where the use of the cylinder or cylinders does not meet any expected minimum consumption level. The Company reserves the right to refuse to supply further LPG and demand the return of any cylinder or cylinders. The Company may give one month’s written notice of termination of supply. Any cylinder not returned by The Customer within the period of notice will be charged to The Customer at full replacement cost.
Price.
The Company believes that any price quoted or charged for goods or services to be competitive, and where possible The Company will endeavour to honour en price quoted at the time of ordering by any customer, for a period of seven days from the date of acceptance of the order. This will not apply where orders are placed by use of en answer phone, or other electrical device, unless The Company confirms such order es having been received. Because the wholesale price of LPG Is subject to frequent market fluctuations beyond the control of The Company. The Company reserves the right to amend any price without further notice, and in this Instance the price charged will be that In force on the day of delivery.
Cylinders.
Cylinders carrying the mark of Rosegas are the exclusive properly of Rose Gas Limited at all times and in all circumstances Irrespective of any hire or refundable deposit charged. Cylinders must not be transferred, sold – unless as in 1d), assigned, defaced, damaged, disposed of, affixed to or with any object, or be used as a receptacle for any substance except LPG that Is filled by The Company. Cylinders are Issued to The Customer for use at The Customers address for the purpose stated as in 2a, and subject to Pb, Any cylinder or cylinders, returned by any customer, that in the opinion of The Customer does not meet required safety standards due to any action by The Customer, may result in the full replacement value of the cylinder or cylinders being charged to The Customer. The safe storage and use of cylinders at the premises of The Customer wilt be the sole responsibility of The Customer, any liability by The Customer in the advent of any leak will be limited to the cylinder of cylinders and outlet valves only. Advice on this matter can be sought from The Company.
Delivery.
The Company does not have specific delivery days, nor will It promise one. The delivery of any order placed by any customer will be scheduled et the earliest possible date alter confirmation, by The Company of acceptance of such order. No delivery will be made to any customer If payment is awaited by The Company for previous supplies. Delivery will be made to The Customers premises as requested when the order is placed. Vehicles effecting deliveries for The Company will not leave the public highway unless ground conditions are suitable for the type of vehicle In use.The Customer will be liable for any recovery costs should any vehicle being used for the delivery become stuck on or off such ground where The Customer has requested the vehicle leaves the public highway. Customers should ensure the safety of any asset, employee, agent or representative of The Company whilst on the premises of The Customer. The normal delivery point will be the entrance to The Customers premises, or where any cylinder or cylinders are normally kept within reason. Empty cylinders for return must be available at the point of delivery, where no empties are available for collection, unless agreed to by The Company, delivery of further cylinders may be refused or deposits charged. The Company will not collect cylinders owned by any other gas company unless written permission is obtained from that gas company. Absentee deliveries may be made to any customer and a delivery note left which wit be proof of delivery, access to cylinders should be allowed by any customer for the purpose of effecting a delivery between the hours of 7am and 5pm Reasonable times outside of this period will be agreed to by the company.
Payment.
Payment for goods or services supplied by The Company to any customer will be due within 14 days of receipt of an invoice for the goods or services. Any other payment terms will be at the discretion of The Company and will be confirmed in writing to The Customer. Payment is due on invoice; monthly statements are issued as a guide to activity on the account only.
a) Payment of invoices may be made either by cash, credit or debit card either in person or by telephone, or by the Autopsy and BRCS system used by banks.
b) Company cheques from customers will not be accepted unless The Company has previously granted account facilities as in 1c.
c) Failure to comply with the agreed terms of payment will result in cessation of supplies and possible legal actions being implemented.
d) The Company reserves the right to legitimately seek payment of any unpaid invoice or Invoices issued to any customer from The Customer, his or her estate. Any cost incurred by The Company being added to the debt.
e) Monthly interest of 7.5% above bank base rate may be added to any invoice value that any customer has fated to settle by the due date. This interest will be compounded on a monthly basis until The Customer’s account is settled.
Returned Goods.
Any goods correctly supplied, but subsequently returned for credit, will be subject to a re-stocking charge of up to 15% to cover transport and administration costs; this does not affect your statutory rights.
Contract.
These terms and conditions will form the basis of a contract between The Customer and The Company from the date at which account facilities are granted until after either party gives one months notice of termination. The Company reserves the right to refuse or withdraw credit facilities from any customer at any time. The granting of such account facilities does not guarantee supply of goods or services and The Company will not be held liable for any loss or damage caused by a failure to supply. Should there be a reason for The Company not to supply, every effort will be made to Inform The Customer. Customers may request copies of any Information held about them by The Company, this information will not be passed to, or shared by, any company or organisation.
Agreement.
Unless The Company receives written reasons for disputing any clause of the above Terms and Conditions from any customer within 10 days of receiving a copy, it will be deemed The Customer agrees to them. The Company reserves the right to vary these conditions and will endeavour to advise any customer in writing of any variation. The new conditions will only apply to orders placed by any customer after the date of the variation of these conditions.
Complaints.
In the unlikely event of any customer having Just cause for making a complaint against The Company, Its employee, agents of representatives, the complaint must be made In writing to The Company’s office supported by all relevant facts. Any complaint resulting in legal proceedings will be settled In the English courts of law. Product or equipment queries or complaints requiring third party adjudication will be directed to the L P Gas Association, of the Rose Gas Limited is a member, or the equipment manufacturer.
These terms and conditions apply from 1st November 2002, and supersede any others published.