HBS FUELS’ CONTRACT WITH YOU
1. WORDS USED IN THESE TERMS
Goods – any goods that we agree to supply to you under these Terms and Conditions, including fuels.
Services – the delivery service and engineering service we provide
2. YOUR PERSONAL DETAILS
- When becoming a customer of HBS Fuels, you will need to open an account with us to order Goods and Services. We require your name, address, telephone number and email address together with any special delivery instructions and payment details. All information provided must be true and accurate.
- When you wish to pay for your Goods/Services by debit or credit card, we register the card to your HBS Fuels account. By doing this, you give permission for us to take payment from the card after delivery/service has been made, unless agreed otherwise. To ensure that your debit or credit card is not used without your consent, we use a secure online system with a third party banking company. Our system is password protected and card details are encrypted, so we have a restricted view on our system in order to maintain high security levels.
3. HOW IS THE CONTRACT FORMED BETWEEN US?
We may give you a quotation or price in person, online, in writing or by phone. All quotes and prices are valid only on the day we issue them. We may withdraw a quote or change the price at any time prior to acceptance. A quote or price is not an offer from us and cannot be accepted.
If you place an order with us (whether online, over the phone or otherwise), then that is an offer from you and we may choose whether or not to accept your order.
Where you order by phone, a contract is formed between us when we confirm on the phone that we have accepted your order.
Where you order via our website, a contract is formed between us when we send you written confirmation of your order.
Each order you place which is accepted by us forms a separate contract.
Contracts will be concluded in English. The details of your contract will be held by us.
4. WHAT YOU ARE BUYING
4.1 The Goods or Services will be described in our quotation or on the website.
4.2 If you order Fuels to be delivered and we can safely access the tank/installation, you do not need to be present when we deliver. If nobody is home and there is no safe access to make the delivery, we will contact you by phone to rearrange the delivery.
4.3 If the delivery address is wrong and your order was delivered to someone else, we cannot take responsibility for any losses incurred as a result – please check that the details you give us are correct.
4.4 In respect of each delivery of Fuels you must ensure safe access for the driver ensuring that sufficient storage capacity is available, is suitable and in safe working capacity for the Fuels.
4.5 If we believe it would be unsafe for delivery of Fuels, we may suspend the delivery until we are satisfied that it would be safe to proceed.
4.6 For Fuels delivered in bulk, we will not deliver more than you ordered unless agreed. We will always try to deliver the agreed volume of Fuels and you will only be charged for the amount that you received. If payment was made in advance, then we will provide a refund for any overpaid amount.
4.7 For Fuels delivered, we record the delivery date, quantity and description of the Fuels delivered to you, of which you receive a copy of those details, and that record shall be deemed to be conclusive proof of delivery. If you believe any information set out on your delivery note or invoice is wrong then you must notify us as soon as possible, giving full details of any disputed element(s).
4.8 If you become aware that the wrong Goods have been delivered then you must stop using them immediately and notify us as soon as possible so that we can discuss collection or agree another solution.
4.9 When ordering Fuels, our quotation will explain the price for the Fuels including the unit price excluding VAT to help you compare our prices with other suppliers. We also provide the total price including VAT and details of any other charges that may relate to your order e.g.credit card surcharge.
5. PLANNED DELIVERY SERVICES
5.1 We offer 2 planned delivery services for Fuels; Apollo RMS Automatic Top Up: this uses an electronic device to measure the level of fuel in your tank; and the Standing Order Delivery: where we top up your tank or deliver a specified amount on an agreed cycle. Further details of these services can be found on our website.
5.2 Apollo RMS Automatic Top Up – this service requires the Apollo RMS device to allow us to monitor your tank levels and automatically top up when the tank reaches an agreed low level. In acceptance of this service, you agree to accept the delivery based on these terms and to then pay after delivery for the Fuels received. During the term of this service you also agree not to place orders with another supplier unless in an emergency run out situation and we are unable to deliver to you within a reasonable time. This would be a one-off order and you must notify us in this case. If you place an order with another supplier so that we cannot deliver the Fuels we have estimated for you from the Apollo RMS reading, you are in breach of the terms of this service and may be invoiced the cost to us of delivering the Fuels to you and returning them to our depot.
5.3 Standing Order Delivery – this service provides an automatic delivery of Fuels on a cycle agreed by you e.g. weekly, monthly or fortnightly, and will continue unless notified otherwise. This service can be tailored to suit your needs e.g. reduced in the summer and increased in the winter.
5.4 We will do our very best to ensure that you do not run out of the Fuels, however we cannot guarantee this will not happen, especially in periods of high use such as the winter when it can be difficult for drivers to make as many deliveries as required safely. If you do have a run out, we will endeavour to try out best to deliver to you as soon as possible.
5.5 If you change address, you must notify us at least 7 days prior to delivery. If you don’t and a delivery is made to your old address then you must pay for the cost of the Fuels delivered to the old address.
5.6 The contract for the Planned Delivery Service will continue unless we or you ask to end it. The contract can be ended at any time by notifying the other party by letter or email giving at least two weeks notice.
6. HOW DO YOU PAY?
6.1 Payments for Fuels can be made by credit card, debit card, cheque or via internet or telephone banking unless agreed otherwise. We may also accept cash on delivery (up to the value of £2000). If you pay using a credit card then you will incur a 2.5% surcharge fee to cover our costs and fees we incur from the credit card companies. This will be made clear to you at the time of order and will be shown on your delivery ticket.
6.2 Budget Account
6.1 Customers who wish to spread the cost of their fuel over the year can set up a Budget Account with HBS Fuels. We work out your average yearly use and divide that into 12 monthly instalments for you to pay by standing order. By paying a standing order, it is completely under your control and can be altered if necessary.
6.2 The Budget Account is set up so that you can build up credit on your HBS Fuels account and therefore helps spread the cost of your Fuel bills. If there are insufficient funds on the account to cover an order, we do ask for the balance to be settled either by card, online banking, cheque or cash on delivery.
6.3 Your Budget Account can be cancelled at any time; we only ask that you tell us in writing one month before you wish to end the standing order. Any outstanding credit left on the HBS account can then either be put towards an order, or if necessary refunded back to your bank account.
7. WHAT HAPPENS IF PAYMENT IS NOT MADE ON TIME?
7.1 If you do not pay HBS Fuels on time (or if a cheque is returned unpaid by your bank or is otherwise late) we may do any or all of the following:
- Cancel or suspend the contract and any others we may have with you;
- Withdraw any current quotations or refuse to accept any further orders from you;
- Without telling you suspend or cancel delivery of Fuels and/or Services under the contract, and any other contract, until full payment is made to settle the account.
8. CAN YOU CANCEL AN ORDER?
8.1 If you have changed your mind or no longer require the Fuels/Services and want to cancel, please call the office as soon as possible prior to the day of delivery/service. We are sorry but for Fuels, once our Fuel is mixed with your Fuel in your tank, you cannot cancel your order.