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 domestic@certasenergy.co.uk 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.