Please retain for your records
Your attention is drawn in particularly to clause 3.3, which specifies the minimum term of the Contract, to clause 9.2 which specifies the early termination fee which will be charged if you wish to terminate before the end of this minimum term and to clause 6 which specifies the limits of our respective liability to each other.
1.1 These terms and conditions (the “Certas Energy Smart Monitor Terms”) together with our standard terms and conditions of sale (the “Conditions”) and the Planned Delivery Terms and Conditions form the basis of the Contract that will govern our installation and provision, and your ownership and use, of the Smart Monitor by Certas Energy device (the “Device”). These Certas Energy Smart Monitor Conditions form a “Relevant Agreement” for the purposes of the Conditions.
1.2 The Contract will apply to the installation and provision of the Device to both Business Customers (as defined in the Conditions) and Domestic Customers (as defined in the Conditions). Please read the definitions in the Conditions carefully to identify on what basis you are contracting with us. If you are unsure then please ask us. Some Conditions and Certas Energy Smart Monitor Terms will apply just to Business Customers and some just to Domestic Customers and these are clearly marked as such.
If a Condition or Certas Energy Smart Monitor Term is silent on this subject then it applies equally to both. The latest version of the Conditions may be obtained at any time from our website or by contacting your local depot – if we make any substantial changes to these Certas Energy Smart Monitor Terms these will be set out on your delivery note and so you should check the reverse of each delivery note upon receipt.
1.3 Terms and words defined in the Conditions shall have the same meaning when used in these Certas Energy Smart Monitor Terms.
2. SUPPLY OF THE DEVICE
2.1 If you wish to receive a Device and/or the Planned Delivery Services then you must confirm the same to us either by telephone, or by completing and returning a copy of the Certas Energy Smart Monitor application form. In either case, you must provide true and accurate details regarding you and your tank to enable us to supply the Device and/or the Planned Delivery Services. The Contract shall be formed at the point where we accept your confirmation.
2.2 We will provide data services to you as explained over the telephone and/or confirmed in writing to you (the “Data Services”) and a Data Charge (as defined in clause
2.3 and as confirmed in writing to you) shall apply in respect of such services. 2.3 Unless otherwise agreed, you must pay in respect of the Device: 2.3.1 A one-off Device and Installation Fee for the Device; and
2.3.2 An ongoing monthly data fee (the “Data Charge”) which is payable (in advance) on the Commencement Date and every month thereafter. The Device and Installation Fee are payable immediately on entering into the Contract and will be as agreed with us by telephone and confirmed in writing by us. The Data Charge will be collected by us on a monthly basis by direct debit.
2.4 The amount of the Installation Fee and Data Charges due under the Contract will be as stated to you by telephone at the point of the order and/or confirmed in writing to you on or prior to the Commencement Date. We agree that we will not increase the Data Charges payable by you for the period of the Minimum Term (as defined in clause 3.3 below).
2.5 As new products or systems become available we may, at our discretion, replace any device or system which we have previously installed with an alternative device or system, such replacement device or system then becoming the Device for the purposes of the Contract.
3. OWNERSHIP OF DEVICE AND MINIMUM TERM
3.1 Subject to payment of the Device and Installation Fee, the Device will become your property on the date on which the Device is delivered and installed at your premises (the “Commencement Date”).
3.2 We will use our reasonable efforts to install the Device on the agreed date, but cannot guarantee that we will be able to do so. We will do our best to advise you of any anticipated delay(s).
3.3 The Minimum Term for the Data Charge is 24 months from the Commencement Date. If you wish to terminate the Contract prior to the end of the Minimum Term, an early termination payment shall be payable calculated in accordance with clause 9.2 below.
4. OUR GUARANTEE IN RESPECT OF THE DEVICE
4.1 We have a legal duty to supply products that are in conformity to this Contract. Nothing in these terms shall affect your legal rights.
4.2 Subject to the exceptions set out in this Section 4, we guarantee that the Device will function as promised for a period of two years from the Commencement Date.
4.3 The guarantee set out in this Section 4 shall not apply where:
4.3.1 The Device has been damaged by you or by someone (other than us) at your property touching or tampering with the Device; or
4.3.2 The Device has been removed from the tank onto which it was initially installed.
4.4 If you wish to exercise your rights under this Section 4, please contact us by any of the methods set out in our initial introductory letter or simply contact your local depot.
5. OUR OBLIGATIONS
5.1 During the term of the Contract, we shall (to the extent you have agreed for us to provide the Planned Delivery Services to you) provide the Planned Delivery Services (and supply the relevant Goods) in accordance with the terms of the Contract.
5.2 If you have agreed for us to provide the Planned Delivery Services, we will monitor the Device for the purposes of checking the level of fuel in your tank so as to enable us to provide the required Planned Delivery Services to you.
5.3 If you have not signed up for our Planned Delivery Service, we will monitor the Device and may use that information to contact you to determine if you would like to place an order for Goods from us. You may opt out of this notification process at any time by contacting your local depot.
5.4 If we become aware of a fault with the Device then we will use our reasonable efforts to repair or replace the Device as soon as is reasonably practicable. If we identify that any fault is due to your misuse of the Device then we reserve the right to charge you a reasonable sum in respect of any maintenance services we are obliged to provide. This sum will be confirmed with you prior to any work being carried out.
5.5 We will use our reasonable endeavours to provide the Data Services to you without interruption. However, you understand that, as with any provision of information services, it will not be possible to provide the Data Services 100% of the time to you. We will use our reasonable endeavours to minimise any downtime to the Data Services, but you understand that, subject to us carrying out our obligations under this clause 5.5, we cannot be liable to you in respect of a failure to provide such Data Services from time to time.
6. YOUR OBLIGATIONS
6.1 During the term of the Contract, you shall:
6.1.1 Use the Device properly, sensibly and in accordance with the terms of the Contract (and any manufacturer’s materials or instructions provided to you);
6.1.2 Where you have agreed for us to provide the Planned Delivery Services to you, comply with your obligations regarding the receipt of the Planned Delivery Services (including those set out in Condition 14 of the Certas Energy Terms and Conditions which can be viewed at www.certasenergy.co.uk/policies/domestic-terms-conditions)
6.1.3 Pay any reasonable costs we incur in supplying and/or installing any accessories, extras or additions to the Device which you have requested and we have agreed to provide;
6.1.4 Remove the Device prior to any replacement of your tank (we will then arrange for the Device to be reinstalled into your new tank (and we reserve the right to charge you a reasonable sum in respect of the costs we incur in reinstalling the Device)
6.1.5 Permit us, or our authorised representatives, at all reasonable times to enter the premises where the Device is located to inspect and test the Device; and
6.1.6 Notify us promptly if the Device is (or appears to be) faulty, damaged or stolen.
6.2 Both prior to the installation of your Device and during the term of the Contract, you must ensure that your tank is fit for purpose. In particular, the tank must not be damaged or warped and must be situated on a flat, level base in line with OFTEC regulations and guidelines. Failure to ensure your tank is so fit for purpose may lead to discrepancies with the Device and the Data Services.
7. YOUR LIABILITY TO US AND OUR LIABILITY TO YOU
Our liability to you and your liability to us is governed by the terms of Contract, including, for the avoidance of doubt, Conditions 9 and 11.
8. DATA PROTECTION
8.1 We will monitor the Device for the purposes set out in clauses 5.2 and 5.3 above in accordance with the provisions of those clauses.
8.2 We will only use the personal information you provide in respect of your name/address, contact details and tank details for the purpose of arranging and carrying out the installation of the Device and as set out in clause
8.3 below. To achieve this, we work with Kingspan Environmental (“Kingspan”) and so, for the purpose of performing the Contract with you, we will provide such information to Kingspan solely for this purpose. From time to time Kingspan may use approved third party installers to provide this service and, in such event, your information may be provided to such installers again for the sole purpose of carrying out this service. Such information shall not be used for any other purpose. 8.3 We will use the data generated by the Device (e.g. fuel usage patterns) on an anonymised basis for the purpose of establishing trends and patterns across our customers using the Device. We may also use this data to market products and services to you. You may opt out of this marketing at any point by contacting us.
8.4 Provision of personal information under this Contract shall not impact on any other use of your personal information which arises other than pursuant to this Contract. You can find out more about our approach to data protection on our website at https://www.certasenergy.co.uk/privacy-policy
9.1 We will provide the Planned Delivery Services (if applicable) and the Data Services on a continuing basis unless or until the Contract is cancelled by you or by us by giving the other not less than four weeks’ prior written notice. In the case of the Data Services, if you wish to terminate the Data Services prior to the end of the Minimum Term then we will charge you an early termination charge in accordance with clause 9.2 below. In addition, we may stop providing the Planned Delivery Services at any time if you fail to make payment of any sums which are due to us or you are otherwise in breach of any of your obligations under the Contract.
9.2 If you wish to Terminate the Data Services during the Minimum Term (other than pursuant to clause 9.3 below), we reserve the right to charge you a termination fee. This termination fee will be calculated by multiplying the number of whole months left in the Minimum Term by the monthly Data Fee. This termination fee must be paid by you to us prior to the expiry of your contractual notice period stated under clause 9.2 above, failing which such termination notice shall not be valid and the Contract will automatically continue unless and until a further notice is served and payment of the termination fee is made.
9.3 If you are a consumer, you may cancel your contract for Data Services within 14 days beginning on the day that we have confirmed we have accepted your Certas Energy Smart Monitor account application or your receipt of the goods whichever is later. To cancel the contract for Data Services you must tell us that you want to cancel either by writing to the address set out in your cover letter, by emailing us at email@example.com or by calling your local depot.
If you cancel the contract we will repay all payments received from you in respect of Data Services unless we have started to provide Data Services, in which case we will refund a proportional element of the Data Charges paid by you to reflect the Data Services provided. We will refund you within 14 days of receipt of the Certas Energy Smart Monitor.
9.4 If you a consumer, you may cancel the Contract for the purchase and installation of the Device in accordance with clause 9.3 above. However, if your Device is installed by us or on our behalf within the 14 day period, this right of cancellation shall cease as at the time such installation commences.
Planned Delivery Services for Domestic Customers – Please retain for your records
1. Our estimates are based on either:
(i) the information provided by the Certas Energy Smart Monitor device,
(ii) our understanding as to your available storage, weather patterns and your past patterns of use, and/or
(iii) our agreed delivery cycle. If you anticipate that there is likely to be a material change in your storage capacity or pattern of consumption of the Goods (for example, you buy a new, smaller, tank or you extend your property) then you must notify us so that we can take such factors into account.
2. We will use our best efforts to ensure (based on the provisions above) that you do not run out of the Goods. However, we cannot guarantee that this will not happen (especially in periods of high use such as the winter when it can be very difficult for our drivers to make as many deliveries, safely, as may be required) and it is important that you do, from time to time, take a look at the fuel level in your tank and if you believe that you are due to run out of the Goods or anticipate any material fluctuations in demand that you let us know as soon as you can so that we can seek to arrange to make the required deliveries to you.
3. If you realise that you have run out of (or are about to run out of) the Goods then you should contact us by telephone and we will use our best efforts to make an urgent delivery of the Goods to you.
4. You acknowledge that there are benefits to you in receiving the Planned Delivery Services (such as continuity and security of supply and the convenience of not having to place individual orders). As a Planned Delivery Services customer, the Unit Price we charge in respect of Goods delivered (and Services provided) to you will be as described below. The Unit Price is set so as to reflect the benefits you receive together with any additional costs which we incur in providing the Services to you, which means that the relevant Charges that apply in respect of each delivery to you can be higher than those that you might otherwise have paid if you had placed a one-off (or ‘spot’) delivery in respect of the same volume of Goods on that date.
5. Charges in respect of the Planned Delivery Services (for Domestic Customers only):
During the term of the Planned Delivery Service we will provide you with the relevant Unit Price (and a VAT inclusive price per litre) for the Goods in advance of your next delivery. We will send this pricing information to you by email or a text (SMS) message to the email address or phone number nominated by you at the start of the Planned Delivery Service provision. Following receipt of this pricing information, you have the option to cancel your next delivery by contacting your local depot (whose contact details will be set out in the pricing notification) by 1pm (one o’clock) on the day following the day on which we provided the pricing information to you. If we do not hear from you by 1pm then we will proceed to plan your delivery as part of the normal service.
You only need to contact us if you wish to cancel your next delivery.
In addition to the right of cancellation outlined above, following each delivery, you have the option (which you may exercise at any time within 7 days following the date of delivery) to contact us in respect of the price per litre which we applied in respect of the relevant delivery and we will then, upon request, recalculate the cost of your delivery using the average price per litre paid by our spot customers in a similar area and on the same date of delivery and (if this would be lower) we will revise your invoice accordingly. If you choose not to provide us with a contact email address or mobile phone number then you are nevertheless still entitled to rely upon this option.
6. Whenever we make a delivery to you pursuant to the Planned Delivery Services our driver will leave with you (or post at your premises as appropriate) a meter stamped delivery note which sets out the applicable Unit Price and the delivery volume (and in the absence of any clear evidence to the contrary, the volumes shown on this note will be deemed to be the quantity of the Goods that we delivered to you).
7. You must pay the Charges through our Budget Payment Scheme or by variable direct debit in accordance with our normal terms of settlement, which are (for Business Customers only) 25 days or (for Domestic Customers only) 14 days of the date of the invoice. If your direct debit is returned unpaid by your bank or any payment is otherwise overdue, we may suspend deliveries under the Contract until all outstanding payments are made.
8. We will provide the Planned Delivery Services on a continuing basis unless or until it is cancelled by you or by us by giving the other not less than two weeks prior written notice. In addition, we may stop providing the Planned Delivery Services at any time if you fail to make payment of any sums which are due to us or you are otherwise in breach of any of your obligations under the Contract.
9. As noted above, we plan our deliveries based around our estimate as to your requirements and so if you purchase fuels from another supplier and we are not aware of this; then this may result in wasted time and costs being incurred by us when we come to deliver the estimated volume of the Goods that we believe you will require. You therefore agree not to place orders with another supplier during the term of the Contract, provided that if you contact us regarding an urgent requirement for the Goods and we are unable to fulfil the same within a reasonable time period then you may in those limited circumstances place a one-off order with a third party supplier.
If we identify that you have placed an order with another supplier so that we cannot deliver the relevant volume of the Goods to you then we may, in addition to any other rights we might have, invoice you in relation to our reasonable wasted delivery costs.
10. If you are no longer resident in a house or vacate your premises then you must give us at least 7 days advance notice of any change of address. If you fail to do this and a delivery is made to your old address then you will be obliged to pay for the cost of the Goods delivered to that address.