Terms & Conditions for Purchases
These Conditions apply to Orders placed through Clickoil for the supply of heating oil and/or red diesel and govern our respective dealings with you. They apply as appropriate to both Commercial Customers (as defined) and Domestic Customers (as defined). Please:
- Read the definitions set out below carefully to identify on what basis you are contracting. If you are unsure then ask us. Some Conditions will apply just to Commercial Customers and some just to Domestic Customers and these are clearly marked as such. If a Condition is silent on this subject then it applies equally to both. The latest version of these Conditions may be obtained at any time from our website (www.Clickoil.com); and
- Read these Conditions carefully to understand the basis upon which your Order has been submitted and, if your Order is accepted, the terms upon which the Goods will be supplied.
Please note: if you are an individual buying heating fuel for your home then you are likely to be a Domestic Customer.
About Clickoil - Important Notice and Disclaimer
Clickoil is a web-based service which seeks to match customers wishing to buy heating oil or red diesel. We help in carrying out this service and in administering the ordering process, including (without limitation) the administration of quotations, customer orders and customer payments as well as issuing order confirmations. Further details of our services are set out in Condition 2 below. Together these activities performed by us are referred to as "the Services" in these Conditions.
The contract for the supply of heating oil or red diesel is made between you, the Customer, and with Clickoil.
1. Application of these Conditions and Questions
1.1 These Conditions apply to:
1.1.1 all Orders placed by you for Goods to be supplied by Clickoil
1.1.2 all Services provided by us through or pursuant to Clickoil, including any Orders placed through us by telephone.
1.2 By using Clickoil and/or our Services you accept these Conditions and agree to abide by them. If you do not agree to these Conditions then you must not use Clickoil or seek to enter into a Contract pursuant to it.
1.3 If you have any general comments or queries regarding the Goods (and/or Services) then you must raise these issues before accepting any quote on Clickoil
1.4 Clickoil may, at any time and without notice to you make changes to the specification of the Goods that we believe are necessary to ensure that they conform to any applicable safety or statutory requirements and/or make minor modifications to the specification of the Goods that Clickoil consider necessary or desirable (and which should not have any material adverse effect on the performance of the Goods.
2. Clickoil Membership, Services and Process
2.1 You will become a member of Clickoil by obtaining a quote, placing an order, or registering your details with Clickoil.
2.2.1 You seek a quote from the Clickoil by entering your location and particular requirements (including, without limitation any delivery constraints)
2.2.2 Clickoil aim to offer the best and most competitive prices as possible. We also aim to meet your requirements in the area of your location with the best offer displayed on Clickoil.com.
2.2.3 If you wish to purchase the Goods at that best price quoted then you indicate your wish to purchase the Goods by completing the online order form on Clickoil.com (or calling our telephone sales team) and paying us for the Goods. As indicated on Clickoil.com, placing of your order shall be deemed to be an offer by you to purchase the Goods at the relevant price.
2.2.4 Clickoil shall hold any payments made by you until such time as a Contract has been formed between you (the customer) and we (the supplier) and the Goods are delivered by Clickoil;
2.2.5 You will receive an email confirming that your offer has been processed and the price, the estimated delivery date (this is an "Order Confirmation"), at which point the Contract between you and Clickoil to purchase the indicated volume of Goods is formed on the terms of the Supplier Conditions.
2.2.7 Clickoil reserve the right at any time to affect or procure the assignment
2.2.8 You will have the right pursuant to Condition SCHEDULE I of the Supplier Conditions to cancel a Contract by contacting Clickoil or e-mailing Clickoil at email@example.com prior to the delivery.
2.3 Fuel prices are regularly updated by Clickoil. If we fail to update and you accept a quote based on out-of-date or incorrect information, you will be notified of the anomaly by us Clickoil as soon as reasonably practicable and will be given the chance to accept or reject the new price before the Goods are delivered. If you reject the revised price then the Order will be cancelled and any relevant Contract terminated. We accept no liability for any inconvenience or costs incurred by you as a result of out of date or incorrect prices.
2.4 Clickoil has the right to refuse to process an Order if payment cannot be made.
3. Your obligations
3.1 When placing an Order for Goods through Clickoil.com, you must:
3.1.1 Provide information about any special delivery conditions or requirements at the time the Order is placed (this would include, without limitation, narrow access, constrained turning of delivery vehicles or a difficult access to or underground tank);
3.1.2 Use your best efforts to ensure that Clickoil will have safe and reasonable access to the delivery location in order that the delivery can be made; and
3.1.3 Ensure that the relevant tanks/fill pots into which delivery is to be made meet relevant statutory requirements and are safe to receive each delivery of the Goods.
3.2 A credit will be made to you where the volume of the Goods delivered is less than that Ordered or where group savings are made. The credit will be applied to your 'Account' and can be refunded back to the designated card if requested once the delivery has been confirmed to us.
3.3 Where Clickoil is not able to deliver the full Order volume of the Goods because the amount Ordered was in excess of the tank’s capacity, then we will refund the appropriate proportion of the charges paid back to you, provided that Clickoil shall have the right to amend the price per litre payable by you in respect of the Goods delivered to reflect the appropriate price band for the volume of Goods actually delivered.
3.4 It is your responsibility to manage the money in your Account, whether this be credits for over-delivery and group savings or deposits made by you into the Payment Plan.
4.1 Subject to Conditions 4.3 and 4.5, if you are a Domestic Customer and there is any claim relating to your use of Clickoil.com and/or our provision (or your receipt) of the Services as a result of any breach on our part of any of our obligations to you under these Conditions or our negligence, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach negligence or if it was contemplated by you and us at the time the Contract was made by you with Clickoil. Except in unusual or exceptional circumstances we expect these losses to be limited to the amount paid by you for the Goods which are the subject of the relevant Order.
4.2 Subject to Conditions 4.3 and 4.4, if you are a Commercial Customer and there is any claim relating to your use of Clickoil.com, our provision (or your receipt) of the Services and/or any breach on our part of any of our obligations to you under these Conditions:
4.2.1 we shall in no circumstances whatsoever be liable to you, whether in contract, tort (including breach of statutory duty or negligence), misrepresentation, restitution or otherwise for loss of profit, loss of Commercial, loss of anticipated savings, wasted time or any indirect or consequential loss arising out of or in connection with the performance or contemplated performance of our Services and/or the Contract;
4.2.2 our total liability to you whether in contract, tort (including breach of statutory duty or negligence), misrepresentation, restitution or otherwise for loss of profit, loss of Commercial, loss of anticipated savings, wasted time or any indirect or consequential loss arising out of or in connection with the performance or contemplated performance of our Services and/or the Contract shall be limited to 200% of the payment in respect of our Services which we receive from the Supplier in connection with your Order.
4.3 Nothing in these Conditions excludes or limits in any way our liability for:
4.3.1 Death or personal injury caused by our negligence;
4.3.2 Fraud or fraudulent misrepresentation; or
4.3.3 Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
4.4 When you order Goods you will be contracting with Clickoil Conditions. We give no warranties as to the quality or suitability of any Goods purchased through Clickoil.com and whilst we may agree (at our discretion) to assist in resolving any issues which have arisen in connection with an Order, any claims you may have with regard to the Goods or the delivery (or non-delivery) of the same are as between you and Clickoil and to be addressed to Clickoil under the Contract.
4.5 Please note, it is your responsibility to satisfy yourself that you wish to purchase the Goods under Clickoil’s Conditions.
5.1 Written communications
Applicable laws require that some of the information or communications we send to members should be in writing. When using Clickoil.com, you accept that communications with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Clickoil.com. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Condition does not affect your legal rights.
All notices given by you to us must be given to Clickoil at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address provided to us when placing an order, or registering with Clickoil.com. Notice will be deemed received and properly served immediately when posted on Clickoil.com, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
5.3 Events outside our control
5.3.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you that is caused by events outside its reasonable control (each a "Force Majeure Event").
5.3.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action (other than in relation to our own workforce);
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, adverse weather conditions (including, without limitation, storm, ice or and/snow), flood, earthquake, subsidence, epidemic or other natural disaster;
(d) interruption in or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) Shortage or failure in supplies;
(g) Interruption or failure in any utility service;
(h) Interruption in or impossibility of the use of public or private telecommunications networks;
(i) The acts, decrees, legislation, regulations or restrictions of any government.
5.3.3 Our performance of any of our obligations to you that may be affected by a Force Majeure Event is deemed to be suspended for the period that Force Majeure Event continues, and we will have an extension of time for performance of our obligations so affected for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations so affected may be performed despite the Force Majeure Event.
5.4.1 If Clickoil fail, at any time, to insist upon strict performance of any of your obligations to us under or in connection with these Conditions this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
5.4.2 A waiver by Clickoil of any default will not constitute a waiver of any subsequent default.
5.4.3 No waiver by Clickoil of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Conditions or any provisions of a Contract concluded through Clickoil.com are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
5.6 Entire Agreement
5.6.2 You acknowledge that, in entering into a Contract, you are not relying upon any representation or warranty (whether made by Clickoil innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
5.6.3 You (the customer) and we (the supplier) both agree that the only respective liability in respect of any representations and warranties that are set out in these Conditions (whether made innocently or negligently) will be for breach of contract.
5.6.4 Nothing in this Condition limits or excludes any liability for fraud.
5.7 Law and jurisdiction
Any dispute or claim arising out of or in connection with these Conditions and/or any contract formed thereunder will be governed by Northern Irish Law and will be subject to the exclusive jurisdiction of the courts Northern Ireland.
SCHEDULE A. Description
SCHEDULE A.1 The description of the Goods shall be as set out on Clickoil.com.
SCHEDULE B. Delivery
SCHEDULE B.1 Unless otherwise agreed in writing, Clickoil will deliver the Goods to you at the address which you have specified for delivery on Clickoil.com.
SCHEDULE B.2 Delivery of the Goods will be deemed to have taken place when on discharge the Goods pass through the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) which you have provided for receiving delivery.
SCHEDULE B.3 We will take reasonable steps to deliver the Goods by the date specified at the time of quotation or, if none is specified, within a reasonable period of time. However, any delivery dates can be estimates only and Clickoil cannot guarantee that the Goods will be delivered on or by any particular date or time. Please be aware that the Clickoil is subject to marked seasonal fluctuations in demand and that during the winter months in particular Clickoil can be subject to the twin pressures of markedly increased demand and poor driving conditions so that you must allow extra time for deliveries and factor this into the Orders which you place. Time shall not be of the essence in relation to deliveries.
SCHEDULE B.4 you must in respect of each delivery of the Goods:
(a) ensure that all necessary arrangements are put in place for the safe acceptance of each delivery including (without limitation) ensuring delivery and storage access is clear, available and accessible (noting that delivery vehicles are both larger and heavier than private cars) and ensuring that sufficient storage capacity is available, is safe and suitable for the Goods, is clearly marked with product name (grade), safe working capacity and identification number, is provided with a safe means to check the volume in the tank before and during delivery and complies with any and all applicable laws and regulations. If we find on delivery that it is unable to safely access the tank or the Supplier deems the tank to be unsafe you will be charged an aborted delivery fee;
(b) not mount any vehicle used for the delivery of the Goods and Clickoil may stop the relevant delivery if you attempt to do so;
(c) indicate to the us the correct fill point in respect of your tanks (and note that the Clickoil is not responsible for dipping, checking or testing your tank(s);
(d) in the case of highly flammable Goods and for other similar goods, comply with any and all applicable laws and regulations in relation to the health and safety risks associated with such goods;
(e) Commercial Customers only: in the case of motor spirit, (i) ensure that you are properly licensed by the appropriate local authority to store motor spirit; (ii) ensure that the connecting hose is properly and securely connected to the filling point; and (iii) observe all the conditions of your Petroleum Spirit Storage License (if any) and not allow any smoking, naked lights, fires, stoves, or heating appliances of any description in the vicinity of the storage and the fill dip and vent pipes connected to it;
(f) Commercial Customers only: inspect and check (to the extent reasonably practicable) the Goods to ensure that they conform to the Contract and ensure that your authorised representative signs a delivery note (or equivalent documentation provided by the delivery agent) to confirm the Goods are as ordered and undamaged;
(g) raise any issues regarding the safety or suitability of your storage facilities and/or tank before Clickoil commences delivery (ensuring that any out of service equipment is clearly marked and isolated);
(h) in any event, act sensibly and with all due care and caution in relation to the Goods (and receipt of the Services), acknowledging that there are health and safety issues inherent in receiving and storing the Goods, which if handled incorrectly can be dangerous; and
(i) Where the Carriage of Dangerous Goods and Use of Transportable Pressure Receptacle Regulations 2009 ('the Regulations') and/or any regulations amending or replacing the same apply, ensure that such regulations are complied with before and during delivery.
If you are unsure as to the obligations referred to above regarding the safe storage and receipt of the Goods then it is your responsibility to raise these concerns with the health and safety department at your local council who should provide you with the information you require. Please note the health and safety information printed on your delivery note.
SCHEDULE B.5 Clickoil will record the delivery date, volume and description of the Goods delivered to you, and such records shall, in the absence of clear contrary evidence, be deemed to be conclusive proof as to the date of delivery and the volume and type of Goods delivered. If you believe that the information which Clickoil has recorded, and which is set out on your delivery notice or invoice, is incorrect then you must notify Clickoil in writing providing full details of any disputed element(s) as soon as is reasonably practicable (and, for Commercial Customers only, in any event within 7 days of the date of receipt of the relevant delivery note or invoice).
SCHEDULE B.6 You must have paid for the volume of Goods ordered (through Clickoil.com) prior to delivery. We will always try to deliver the agreed volume of Goods, but if we are unable to do so (for example, if there is less space available in your tank than the ordered volume of Goods) then we will refund (on a pro rata basis) a sum to you to reflect the lower volume of Goods actually delivered, provided that Clickoil reserve the right to amend the price per litre payable in respect of the Goods delivered to reflect the appropriate price band for the volume of Goods actually delivered. If we find that the tank is full when they attempt delivery there will be an aborted delivery charge made to you.
SCHEDULE B.7 If for any reason you fail to accept delivery of any of the Goods when they are ready to be delivered or Clickoil is unable to deliver the Goods as a result of any failure on your part to observe and perform any of your obligations under these Conditions, Clickoil shall have no liability to you for late delivery and an abortive delivery charge shall be made to you.
SCHEDULE B.8 If you become aware that the wrong or defective Goods have been delivered then you must stop using those Goods with immediate effect and notify Clickoil as soon as practicable regarding the same.
SCHEDULE B.9 Following receipt of a notice from you in accordance with Condition SCHEDULE B.8 and subject to it being established that the Clickoil has delivered the wrong or defective Goods in breach of these Conditions, We shall, either (i) remove the relevant Goods, any other heating oil or kerosene (as the case may be) contained within the same storage tank, container, receptacle or vessel (as the case may be) and replace them with the correct Goods, or (ii) issue a credit note or refund to you in respect of the relevant Goods. If you are a Domestic Customer then you may nominate your preferred option. If you are a Commercial Customer then Clickoil shall determine which option is to be taken. In no circumstances shall Clickoil be under any obligation to remove the Goods or issue a credit note or refund if you have ordered the wrong Goods.
SCHEDULE B.10 Subject to Condition SCHEDULE B.7, if Clickoil fails to deliver the Goods by any agreed delivery date, or if no date has been agreed, within a reasonable time frame, then you may call Clickoil and cancel your Contract. If you do cancel the Contract in this manner then you shall have no claim against Clickoil under that Contract in respect of any failure to deliver other than in respect of the refund of the price that you have paid.
SCHEDULE B.11 Clickoil reserves the right to refuse to make a delivery for reasons such as, but not limited to, access problems and/or the condition or position of the tank (including, without limitation, where it is underground). In these circumstances Clickoil shall be entitled to terminate the Contract without liability to the Customer other than in respect of the refund of the price that the customer has paid.
SCHEDULE C. Risk and Title
SCHEDULE C.1 You shall be responsible for the Goods, and ownership of the Goods shall pass to you, from the time of delivery.
SCHEDULE D. Charges
SCHEDULE D.1 Subject to the remaining terms of this Condition SCHEDULE D, the amount that Clickoil will charge you for the Goods (the "Charges") shall be the price (including the "per litre" price, the "Unit Price") set out on Clickoil.com at the time you place your order for the Goods. The Unit Price and Charges will include the costs of delivery. The Unit Price given will be exclusive of VAT and the Charges will be inclusive of VAT.
SCHEDULE D.2 The Unit Price offered by Clickoil is only valid for so long as the quote remains live on Clickoil.com - Clickoil are free to revise or amend the Unit Price at any time prior to the Contract being formed. If due to a technical issue or otherwise the Unit Price shown on Clickoil.com is incorrect and not reflective of the actual pricing then we reserve the right to terminate the Contract with immediate effect and you will then be given the option to form a new Contract through Clickoil.com.
SCHEDULE E. Payments
SCHEDULE E.1 Unless otherwise notified to you, you will pay each invoice (in respect of the relevant Charges) through Clickoil.com and in advance at the time you place the relevant Order.
SCHEDULE F. Liability to the Supplier
SCHEDULE F.1 Commercial Customers only: you shall be liable to pay the Clickoil (on written demand) for, and indemnify Clickoil against, all reasonable costs and expenses and/or losses sustained or incurred by the Clickoil (including any direct, indirect or consequential losses, loss of profit or reputation, damage to property, loss of opportunity to deploy resources elsewhere, and legal costs) which arise in connection with your fraud, negligence or a material breach of the Contract.
SCHEDULE F.2 Domestic Customers only: if you commit a fraudulent act, you are negligent or commit a serious breach of the Contract then you will be liable to pay Clickoil (on written demand) a sum equal to the reasonable costs, expenses and/or losses which the Supplier incurs as a result of your acts or omissions.
SCHEDULE G. Warranties
SCHEDULE G.1 Commercial Customers only: Clickoil warrant that the Services will be performed with reasonable skill and care and that the Goods are free from material defect at the time of delivery and unless otherwise agreed in writing.
SCHEDULE G.2 Domestic Customers only: Clickoil warrants that on delivery the Goods and Services shall:
(a) conform in all material respects with their description (as provided on Clickoil.com and/or the Supplier's delivery documentation);
(b) be of satisfactory quality;
(c) be fit for any reasonable purpose for which you use the Goods;
(d) be free from material defects; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
This warranty is in addition to your legal rights in relation to the Goods and Services to the extent that they are faulty or do not comply with the Contract and are not intended to limit those rights in any way. Advice as to your legal rights in relation to any defective goods or services can be obtained free of charge from your local Citizens Advice Bureau or trading standards office.
SCHEDULE H. Events outside Clickoil control
SCHEDULE H.1 Subject to Condition SCHEDULE H.4, the Supplier will not be liable or responsible for any failure to perform, or delay in the performance of, any of the Clickoil’s obligations under the Contract that is caused by events outside our reasonable control (these are referred to as “Force Majeure Events").
SCHEDULE H.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond the Clickoil’s reasonable control and includes, in particular (without limitation), the following: acts of God, governmental action, war or national emergency, acts of terrorism, protest, riot, civil commotion, fire, explosion, adverse weather conditions (including, without limitation, storm, ice or and/snow), flood, epidemic, labour disputes, accident, shortage or failure in supplies, interruption or failure in any utility service or restraint or delay affecting the our delivering agents or inability or delay in obtaining the Goods.
SCHEDULE H.3 Our obligations under the Contract are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. Clickoil will take reasonable steps to bring the Force Majeure Event to a close or to find a solution.
SCHEDULE H.4 If Clickoil suffer any temporary interruptions or shortages in supply (whether or not due to a Force Majeure Event) then the impact will be minimised as much as possible.
SCHEDULE I. Cancellation
SCHEDULE I.1 You may cancel a Contract by contacting Clickoil by e-mail at email@example.com between 8.00am and 5.00pm from Monday to Friday.
SCHEDULE J. General
SCHEDULE J.1 The provisions of Conditions SCHEDULE D, SCHEDULE E, and SCHEDULE F shall continue after the Contract has terminated.
SCHEDULE J.2 Commercial Customers only: Each right or remedy that Clickoil have under the Contract is without limit to any other right or remedy whether under the Contract or otherwise.
SCHEDULE J.3 If any Condition is found by any court of competent jurisdiction to be unlawful, invalid or unenforceable to any extent then it shall, to that extent only, be severed from the remaining Conditions, and the remainder of such Condition, which shall continue in full force and effect.
SCHEDULE J.4 If a court of competent jurisdiction decides that a Condition cannot be severed (in whole or in part) then it is agreed that the relevant Condition shall be replaced with a legal, valid, enforceable and reasonable provision which achieves, to the greatest extent possible, the same effect as the original Condition.
SCHEDULE J.5 If we fail or delay in enforcing any provision of the Contract, or fails to insist that you comply with any of your obligations, this shall not mean that Clickoil has waived any of its rights under the Contract and that you do not have to comply with your obligations. Any waiver by Clickoil of any breach of, or any default under, any provision of the Contract by you shall be effective only if given in writing and it shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other provisions of the Contract.
SCHEDULE J.6 Clickoil may enforce the terms of the Contract subject to and in accordance with the provisions of these Supplier Conditions and the Contracts (Rights of Third Parties) Act 1999.
SCHEDULE J.7 Except as provided in Condition SCHEDULE J.6, no term of the Contract is intended to confer a benefit on, or to be enforceable by, any person who is not a party to the Contract.
SCHEDULE J.8 All Contracts for the supply of Goods (and provision of the Services) shall be governed by Northern Irish law and shall be subject to the exclusive jurisdiction of the Northern Ireland courts.
SCHEDULE J.9 Unless a Condition expressly provides otherwise, all communications between the parties about the Contract, including any notices to be sent or received under the Contract, must be in writing, sent by Clickoil to your registered office (or in the case of a Domestic Customer, the address provided for delivery) and by you to Clickoil.com. Notices shall be deemed served on delivery if delivered by hand, 48 hours after posting if sent by post and on completion of transmission if sent by email or facsimile.