Device: TankScout™ an oil level monitoring device.
Force Majeure Event: has the meaning given in clause 8.
Monthly Payment Scheme: the WFL (UK) Limited (or subsidiary companies / divisions) monthly payment scheme.
Service: the TankScout™ fuel monitoring services which we are providing to you as set out in clause 2.1 of these Terms.
Terms: the terms and conditions set out in this document.
Tank: the customer's oil tank.
We / Us: WFL (UK) Limited trading as Watson Fuels, Keltic Fuel Oils, Minster Fuels, Hardy Craske Fuels, Southdown Oils, Shelford Energy, Nigel Collison Fuels, Rutland Oil, Castle Liquid Fuels and Linton Fuel Oils and Cooke North East.
1. Basis of Sale
1.1 Who owns it?
Except where you buy the Device outright, the Device remains the property of WFL (UK) Limited. Upon cancellation of the Service by either the customer or Us (in accordance with guidelines set out in this agreement), We reserve the right to remove and reclaim the Device.
If the Service is cancelled within the first twelve months by the customer, the customer will be liable for the costs associated with the installation and removal of the Device, plus the cost of the Device itself. This is currently charged at £199.99 + VAT but is subject to change without notice should our suppliers increase the cost of the equipment.
1.3 Data Signal?
The Device uses GPRS connection and built-in SIM technology to communicate the level of oil. The Service is only available if our service provider's network is successfully received at the point of install. At this time the engineer will be able to establish if the system will work in the area or not and the Service will be cancelled with immediate effect at no cost to the customer if no signal can be picked up. 98% of the United Kingdom currently will pick up this signal.
2.1 Data Collected
We will collect data from your Device periodically - normally every seven days - to gauge the volume of product in your Tank within a projected accuracy of +/- 1cm of level. Depending on the cross-section of your Tank, this will translate to a particular volume of which we will inform after the installation is complete.
2.2 Web Provision
Available on www.tankscout.co.uk reporting your stock position.
2.3 36 month Provision
The Service will be supplied for a period of 36 months or until otherwise terminated in accordance with these Terms.
2.4 Fuel supply
It is WFL (UK) Limited's responsibility to deliver fuel to the customer in accordance with its standard delivery terms and conditions (full details of which are available on request and can be found on all fuel oil delivery tickets) and in such amounts as indicated to us by the system.
2.5 Priority customers
We will ensure that all Tankscout customers are dealt with, as a priority customer, after such customers as the emergency services, hospitals and schools, which remain the top priority.
3. Damage to TankScout
3.1 Should the Device be damaged and require maintenance or replacement and it is deemed that the damage was inadvertently caused by the customer, then the customer will be liable for the replacement or repair costs of the equipment.
3.2 In the event a Device becomes or is defective we will repair or replace the Device for you or us to fit in place of the failed Device. You will return the Device to us at our expense following the returns procedure that we will specify at the time of the return. Whilst a Device is defective and until a replacement has been fitted and commissioned our obligation to provide the Service is suspended. This shall not affect your obligation to pay the price for the Services unless we fail to supply a replacement Device within a reasonable period of its return terms.
3.3 If We become aware that a system is faulty (either on notification by customer or on generation of an error message by the system itself) unless the fault is as a result of accident, negligent or improper use, damage, theft or vandalism, We will use all reasonable efforts to notify the customer to arrange for the repair to the system or to make available a suitable replacement system (not necessarily of the same type and age) for delivery and installation to the customer as soon as is practicable, if the Device is beyond economical repair.
4. Duties of Customer
It is the duty of the customer to notify us within 48 hours if at any time the Tank is locked or inaccessible or if we are in any other way prevented from making deliveries of fuel and customer shall provide such details as necessary to enable us to make deliveries.
Access to the Tank during normal office hours may be required for maintenance of the equipment. If this becomes necessary, then prior arrangement with the customer will be made by the engineering company carrying out the work.
4.2 Run out - Problems gaining access
We cannot be held liable should the customer run out of fuel if access cannot be gained to the Tank or Device when it requires maintenance, or should the Tank develop a fault rendering it unsafe to deliver to. In any of these instances, clause 5 below would not apply.
4.3 Make sure all is ok
Customers must ensure that the system is operated properly and not interfere with or obstruct its operation.
4.4 Replacement of battery
We will notify the customer if we need to send replacement batteries.
5. Our responsibilities
We will reimburse the customer for the reasonable costs involved in an oil fired boiler engineer's visit to restart the boiler due to failure by Us to deliver fuel (other than in the case of the exceptions referred to in clauses 4.2, 6.4 and 8 of these Terms). £80 is considered the maximum reasonable cost for an engineer to restart and bleed the boiler, and We will reimburse the customer for an invoice of up to this amount. Any invoice greater than this must be agreed with Us prior to any work being done or reimbursement will not be authorised. We reserve the right to organise the engineers visit direct, in which case all charges will be handled between the engineering firm and Us direct.
6. Price & Payment
Prices include VAT. However, if the rate of VAT changes we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
We may invoice you for the Services on (at any time after we have provided the Services to you). You must pay the invoice in cleared monies within 14 calendar days of the date of the invoice. For customers that use our Monthly Payment Scheme, payments can be added to your existing direct debit payments. For customers not on our Monthly Payment Scheme, payments will be yearly in advance. An invoice for your annual subscription will be sent on or around the 15th of the month prior to the subscription anniversary. Payment will be 14 days from invoice date.
6.3 6.2 above shall not apply to customers who have chosen to pay the full amount for the Device at the date of the agreement.
Should an order be placed on hold at the request of the customer or due to unresolved credit issues, clause 5 above would not apply.
7. Limitation of Liability
7.1 Subject to clause 7.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
7.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
a) Loss of income or revenue;
b) Loss of business;
c) Loss of anticipated savings or;
d) Loss of data.
However, this clause 7.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
7.3 This clause does not include or limit in any way our liability for:
a) Death or personal injury caused by our negligence; or
b) Fraud or fraudulent misrepresentation; or
c) Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
d) Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
e) Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8. Events outside of our control
8.1 Delivery impossible
We cannot be held responsible for a failed delivery due to adverse road conditions, to the client refusing a delivery or in the case of unresolved credit issues with the account. In these instances, clause 5 above would not apply.
8.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control (Force Majeure Event).
8.3 A Force Majeure Event includes any act, event, non-occurrence, omission, or accident beyond our reasonable control and includes, in particular (without limitation), the following:
a) Strikes, lock-outs or other industrial action; or
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
e) Impossibility of the use of public or private telecommunications networks.
8.4 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force of Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
9.1 We will provide the Services for the period of 36 months (the Minimum Term). At the end of the Minimum Term, the contract will expire and the Services will be reviewed and a new contract sent to you for agreement.
9.2 You may terminate the Agreement at any time during the Minimum Term by providing us with 30 calendar days prior notice in writing. If you terminate the Agreement during the Minimum Term you will pay our reasonable costs of the Device less any sums received from you in respect of the Device.
9.3 Termination will not affect either party's outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
9.4 Should you choose to no longer source oil from Us, We reserve the right to remove the system and terminate the Service immediately. If this occurs within the first twelve months of the service, clause 9.2 above is applicable.
9.5 No payment will be due under clause 9.2 if the reason for termination is that the customer ceases to own or occupy the premises at which the system is installed, provided the customer has given 30 days notice.
9.6 If any of the events set out in clause 9.6.1 to 9.6.4 below occur, the loan constituted by this agreement shall automatically terminate without notice and no payment subsequently accepted by WFL (UK) limited without knowledge of such termination shall in any way prejudice or affect the operation of this clause:
9.6.1 If customer fails to comply with or commits a breach of this agreement; or
9.6.2 If customer is an individual and dies; or
9.6.3 If customer is an individual and (i) an interim order (within the meaning of the Insolvency Act 1986) is made against him, or (ii) he enters into a voluntary arrangement, or (iii) a statutory demand is made against him, or (iv) a petition for bankruptcy order is presented; or
9.6.4 If customer is a company and (i) enters into liquidation, or (ii) calls any meeting of its creditors, or (iii) has a receiver or receiver manager of all or any of its undertaking or assets appointed, or (iv) an administrator is appointed under the provision of part 11 of the Insolvency Act 1986 or a petition for appointment of an administrator is presented, or (v) is deemed by virtue of section 123 of the Insolvency Act 1986 to be unable to pay its debts.
9.7 We may terminate this agreement on giving 30 days notice to customer at any time.
9.8 The termination of this agreement shall not affect any rights of WFL (UK) Limited or liabilities of customer subsidising at the date of termination.
9.9 Without prejudice to the above provisions or to WFL (UK) Limited's claim for damages for any breach by customer of this agreement or any other rights under this agreement. We or our authorised representatives may at any time after termination of this agreement on prior notice enter upon the premises at which the system is installed and retake possession of the Device. Customer shall be responsible for all costs, charges and expenses incurred by Us or our authorised representatives in retaking possession of the Device, except following termination by WFL (UK) Limited under clause 9.7.
10. Data Protection
We will only use the personal information you provide us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties. This includes the data collected from the Device. We shall be entitled to use this data collected from the Device on an aggregated basis provided that it in no way indentifies you or your property.
All notices sent by you to us must be sent to WFL (UK) Limited, Lindum House, Causeway End, Brinkworth, Chippenham, SN15 5DN and/or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us in the Agreement. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.