In these terms and conditions we use the following phrases:
Goods – any goods that we agree to supply to you under these terms and conditions (including fuels).
Sometimes certain sections of these terms and conditions will only apply to the fuels that we supply (and not other goods). Where this is the case, we will use the term “Fuels”.
Services – the Planned Delivery Services as descried in section 7.
These terms and conditions apply to consumers only; that means people who want to purchase our Goods or Services for personal use and not for any business purposes.
3.1 You will need to open an account with us to order our Goods and Services. You need to provide your name, address, telephone number and email address together with any special delivery instructions. All information you provide must be true and accurate. Over 18s only.
3.2 To ensure that your credit, debit or charge card is not being used without your consent, we may carry out certain identity, credit and fraud checks, including validating the personal information you give us during our ordering process. We use third party databases to do so. We reserve the right to change our checks from time to time.
3.3 If any problems arise we may require additional information (for example, photo ID such as a driving licence or passport). We may reject or cancel an order at any time if we are not satisfied with the information. It is important for us that you know exactly what personal details we collect from you and how we look after and use them. For example, we may want to contact you by letter, phone or email with news about our products or services relevant to you.
4.1 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.
4.2 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.
4.3 Where you order by phone, a contract is formed between us when we confirm on the phone that we have accepted your order.
4.4 Where you order via our website, a contract is formed between us when we send you written confirmation of your order.
4.5 Each order you place which is accepted by us forms a separate contract.
4.6 Contracts will be concluded in English. The details of your contract will be held by us.
The Goods or Services will be described in our quotation, or on our website if you are buying online, and confirmed in acceptance of your order. More product information is at www.exswiftltd.co.uk. We may at any time and without notice: (i) alter the specification of the Goods to ensure that the Goods conform to any applicable safety or statutory requirements; and/or (ii) make minor modifications to the specification of the Goods that we consider necessary or desirable (and which should not have any material adverse effect on the performance of the Goods).
How we Deliver Goods and Services to You
5.1 We can deliver Goods within England. Our aim is to deliver to you by the delivery date in your quotation or written confirmation, or if no date is set out, within at least 30 days. However, this might not always be possible due to factors beyond our reasonable control. If there is a delay, we will try to contact you as soon as we can to agree a new delivery date.
5.2 Where you order by phone, we will deliver to the address you gave when you opened your account. If the delivery address will be different, please tell us when ordering. If you order online, we will deliver to the address you provide when ordering. We may sometimes deliver your order in instalments so don’t worry if your order seems to have been partially delivered. You will still only be charged one delivery charge though (if any applies). Each instalment will be invoiced and must be paid for separately. If you have any queries about your order, or worry that it might be incomplete, then please contact Customer Services.
5.3 Delivery will be deemed to have taken place as follows:
• for Fuels delivered in bulk by road vehicle, when on discharge it passes the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) which you use for receiving delivery at your address;
• for any other Goods (including Fuels delivered in barrels, packages or some other form), when the Goods are off-loaded from the delivery vehicle (or at such point as the Goods are collected by you).
5.4 If you ordered Fuels to be delivered in bulk and we can safely access your tank to fill it, you don’t need to be present when we deliver. In all other cases, it is your responsibility to ensure that someone is available at your delivery address on the date of delivery. If nobody is at home and there is no safe access to make the delivery, we will try to contact you by telephone. If we cannot do so, we will leave a note to explain and will try to contact you to rearrange the delivery.
5.5 If the delivery address you gave is wrong and your order is delivered to someone else, we cannot be responsible for any losses you may incur as a result and will no obligation to refund you or provide replacement Fuel – please check that the details you give us are correct.
5.6 In respect of each delivery of Fuels, you must:
• ensure that all necessary arrangements are put in place to safely accept each delivery including providing appropriate equipment to accept delivery, ensuring delivery and storage access is clear and available (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 Fuels, is clearly marked with product name (grade), safe working capacity and identification number, is provided with a safe means to check volume
in tank before and during delivery and complies with any and all applicable laws and regulations;
• not climb onto any vehicle we use to deliver the Fuels; we may stop the relevant delivery if you attempt to do so;
• indicate to us the correct fill point for your tanks (please note that we are not
responsible for dipping, checking or testing your tank(s));
• tell us about any safety or operating problems with your storage tank before we start delivery; any out of service equipment must be clearly marked and sealed / kept separate;
• act sensibly and carefully with the Fuels. Handling the Fuels incorrectly can be dangerous. It is important for everyone’s safety that you know and comply with relevant health, safety and environmental law. If you have any doubts, you can obtain further advice from your local council or see the health and safety information on your delivery note / visit www.
www.exswiftltd.co.uk. If you collect the Fuels from us then you must comply with our policies and procedures regarding access to, and conduct at, our premises.
5.7 If we believe that it would be unsafe to make a delivery of Fuels to you then we may suspend that delivery until we are satisfied (acting reasonably) that it would be safe for us to proceed.
5.8 For Fuels that are delivered in bulk by road vehicle we will invoice you for the volume of Fuels actually delivered. We will not deliver more than you ordered unless you agree. We will always try to deliver the agreed volume of Fuels, but if we are unable to do so due to reasons beyond our reasonable control (for example, if unsafe access to the tank; we deem the tank to be unsafe; or there is less space available in your tank than the amount of Fuels you ordered) and you have paid for the ordered Fuels in advance then we will only charge you for the Fuels delivered using the Unit Price (see section 5.12), to reflect the smaller amount of Fuels we were able to deliver. We will pay back to you the rest of the money you paid. If an urgent second delivery is required to top up to the amount you ordered, a Priority Charge may be payable under section 6.15 unless the under-delivery was our fault.
5.9 For Fuels that are delivered in bulk by road vehicle we record the delivery date, quantity and description of the Fuels delivered to you, and that record shall, in the absence of evidence to the contrary, be deemed to be conclusive proof of the date of delivery, the volume and type of Fuels delivered. If you believe that any information set out on your delivery note or invoice, is wrong then you must notify us in writing providing full details of any disputed element(s) as soon as possible.
5.10 If for any reason, other than our failure to comply with these terms, you: (i) fail to accept delivery of any of the Goods when they are ready to be delivered; (ii) fail to collect the Goods when they are ready for collection; (iii) wish to delay delivery, or (iv) do something which means that we are unable to deliver the Goods then we may:
• deliver the Goods you ordered to another customer which may mean that your delivery date may be delayed;
• at our option, charge you a reasonable “Failed Delivery Charge” which is the cost to us of delivering the Goods to you and returning them to our depot or another customer whichever is cheaper.
5.11 If you become aware that the wrong Goods have been delivered then you must stop using them immediately and tell us as soon as possible. We will discuss with you to arrange collection of the Goods or agree another solution.
What do you Pay for Goods and Services?
5.12 If you are ordering Goods online (excluding Fuels), the price of the Goods will be as set out on our website.
5.13 If you are ordering Fuels (whether by telephone or on our website), our quotation will clearly explain the price for the Fuels. We will tell you the:
• Unit Price – the price per litre excluding and including VAT to help you compare our prices with other suppliers and see how much you may have to pay if you take more or fewer litres of Fuels than ordered;
• Net Price – the total price for the Fuels you have ordered including VAT. We will also give you details of any other charges which may relate to your order
(e.g. credit card surcharge). This total is the price that you will pay for your order.
5.14 Delivery charges: If your delivery is subject to a delivery charge, you will be told about it before you place your order.
5.15 Priority Charge: For purchases of Fuels, we offer a priority delivery service.If you want your Fuels to be delivered urgently, you may request a priority delivery. This will be shown on your quotation as a “Urgent Delivery Charge”. If we are willing and able to make a priority delivery then we will do our best to
deliver to you by the agreed delivery date. If for any reason we are unable to deliver by the agreed delivery date, then you will not be charged the Urgent Delivery Charge (or it will be refunded to you if charged in advance).
5.16 Small Load Premium: One factor we use to calculate the Unit Price for Fuels is the amount of Fuels you have ordered. There is a cost to us in delivering each order so if we are unable to deliver your order due to something you have or haven’t done (for example, not enough space in your tank to take the amount ordered). The charges are typically £10.00 for deliveries under 500 litres and £25 for deliveries under 450 litres.
Storing Goods and Fuels
5.17 We do not accept responsibility for the Goods beyond their successful delivery, and all risk of loss or damage attributable to the use or storage of the Goods thereafter shall pass to you at the time of delivery.
5.17 By agreeing to our terms and conditions, you confirm that you have complied with all relevant environmental and safety legislation and that the storage tank, container, receptacle, vessel or fill line (as the case may be) are structurally sound, do not leak and are in a suitable condition to safely receive Fuels.
Low Delivery charges: One factor we use to calculate the Unit Price for Fuels is the amount of Fuels you have ordered. There is a cost to us in delivering each order so if we are unable to deliver your order due to something you have or haven’t done (for example, not enough space in your tank to take the amount ordered). The charges are typically £10.00 for deliveries under 500 litres and £25 for deliveries under 450 litres.
7.1 Where you are purchasing Fuels or Services by phone, normally, we send you an invoice after delivery of the Fuels and/or the Services. Sometimes, we ask you to pay for Fuels or Services when you place your order.
7.2 If we agree that you don’t need to pay in advance, you must pay the amount on the invoice within 3 days’ of receipt, unless we agree something else.
7.3 Payments for Goods can be made by credit, debit, charge card, cheque or via internet or telephone banking unless otherwise agreed. For purchases by phone we may also accept cash (up to the value of £3000). If you pay using a credit card then we will charge you a reasonable card processing fee to cover
our costs and the fees we incur from the credit card companies. Any credit card charge will be made clear to you at the time of order and will be shown on your invoice (where applicable).
Can We Help You Manage Your Budgets for Fuels?
7.4 Our Easy Payment Plan enables you to pay a monthly charge for the supply of Fuels for a 12 month period, to help you to better manage what you spend.
7.5 When you complete the form to receive the Planned Delivery Services and set up the Easy Payment Plan we ask you about your property to estimate your likely annual consumption of the Fuels. We then multiply this figure by an estimated average Unit Price (plus VAT) for the following 12 months which gives an estimated annual charge for the Fuels that you would use if you carry on as normal. This estimated annual Charge is then split into 12 equal parts to which gives a “Monthly Charge”. We will take the Monthly Charge from your bank account under a direct debit mandate which you complete with your application form. This Scheme is not open to anyone who owes us money unless you pay that money in full or we agree to other arrangements for the payment of that money. Any repayment arrangements will not affect our right to demand full payment for unpaid money immediately at any time.
7.6 We will monitor your use of the Fuels as part of our Planned Delivery Service and if we think that your use of the Fuels means that we need to vary the Monthly Charges we will tell you and will change the Monthly Charge.
7.7 Either you or we can cancel the Easy Payment Plan (and the related direct debit) by telling the other in writing one month before you/we want it to end. If the Easy Payment Plan is cancelled we will increase or decrease your last Monthly Charge to include any extra amount / refund needed so that the Monthly Charges match the Fuels you have received under the Planned Delivery Services. If you cancel the Planned Delivery Service, this Easy Payment Plan will automatically end at the same time.
8.1 If you do not pay us on time (or if your direct debit 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 other contracts we have with you);
• withdraw any current quotations or refuse to accept any further orders from you;
• cancel any discount we previously offered to you under the contract;
• without telling you suspend or cancel delivery of the Goods (and/or performance of the Services) under the contract, and any other contract, until you pay the amounts you owe us in full; and/or
• require you to pay interest on the outstanding amount, calculated on a daily basis from the due date for payment up to the date of actual payment, at the rate of 4% above the base lending rate of Natwest Bank from time to time. You must pay us this interest on top of the late payment.
You’ve Changed Your Mind and Want to Cancel
9.1 You can cancel any order for Fuels on any day prior to the date of delivery. You need to call us. If our tanker is already on the way to you on the date agreed with you then we may charge you £1.77 per mile which is the cost to us of the wasted journey.
9.2 We are sorry but for Fuels dispenses direct into your tank, once our Fuel is delivered you cannot cancel your order.
9.3 To cancel your order for Goods (including Fuels in barrels but excluding other Fuels), you must tell us that you want to cancel either by calling or emailing us.
9.4 If you cancel an order for Goods (other than Fuels), we will reimburse to you all payments received from you including the costs of delivery (except for any additional cost arising if you chose a type of delivery other than the least expensive we offer). We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. You must return any cancelled Goods you have received to us without undue delay and in any event not later than 14 days from the day on which you tell us you want to cancel. The deadline is met if you send back the Goods before the 14 days has expired. You will have to bear the direct cost of returning any Goods. Where Goods cannot be returned by post we will confirm return charges before entering the contract with you.
9.5 If you cancel an order for Services, we will repay to you all payments received from you except those set out in section 9.6.
9.6 We will not start any Services during the cancellation period set out in section 9.1 unless you clearly ask us to. You can ask us either by telephone or in writing. If you ask us to start any Services during the cancellation period, you must pay us for Services provided up to the time you cancel. You must pay an amount which is in proportion to what we have done, in comparison with everything due under the contract.
9.7 We will repay you without unnecessary delay and within:
• 14 days after the day we receive back from you any Goods supplied; or
• if earlier, 14 days after the day you provide evidence that you have returned the Goods; or
• if no Goods are supplied, within 14 days from the day you told us you want to cancel.
If you have not yet paid for your cancelled order, then we will simply not charge you for it.
9.8 Where we repay you, we will use the same method of payment you used to pay (unless you agree otherwise); we will not charge you any fees to repay you. If we are allowed to charge you for any Services under section 9.6 we may either take this out of what we repay you or ask you to pay the amount to us.
What If You Are Not Happy with the Goods/Services?
9.9 We do our best to get things right and provide our Services with reasonable skill and care.
9.10 The Goods you receive will be what we have agreed to supply when you place your order. The law says that the Goods must be as set out in the contract.
9.11 We promise to you that the Goods will:
• match the description we may have given you;
• be of satisfactory quality;
• be fit for their purpose; and
• meet all applicable legal requirements.
This promise (also known as a warranty) will also apply to replacement Goods that we provide under section 9.14
9.12 The warranties in section 9.11 do not apply to any problem caused by your (or someone else’s) negligence, failure to follow our instructions for storage, use or maintenance of the Goods or if you make any use of the Goods after realising that there is a problem with them or if you alter, modify, mishandle or try to solve the problem with the Goods without our agreement beforehand.
9.13 If you are worried about the Goods or Services we have supplied, please call Customer Services who will do their best to help you.
9.14 If the Goods do not meet the promises in section 9.11 you can tell us if you want us to replace the Goods or give you a credit note or refund at the Unit Price (plus VAT). You should tell us in writing about the problem under section 9.11 within one week of discovering the problem. We may request that you send us reasonable evidence of any Goods affected by the problem.
9.15 The guarantees provided above are in addition to your legal rights about goods that are faulty or not as described or services that are performed poorly. If you feel you need help contact your local Citizens Advice Bureau or Trading Standards office.
10.1 If we don’t do what we say we will in these terms and conditions, we will only have to pay you the purchase price of the Goods and/or Services.
10.2 Irrespective of anything else in these terms and conditions, our aggregate liability arising out of or related in any way to the purchase or delivery of Goods and or Services by you from us, whether for breach of contract, warranty or undertaking or under any indemnity, in tort, for negligence or otherwise shall not at any time exceed the purchase price of the Goods and/or Services you have agreed to purchase from us.
10.3 Nothing in these terms and conditions excludes or limits our liability
Act 1979 (this is about our ownership of the goods / Fuels);
attempt to exclude our liability.
10.4 subject to paragraphs 10.1, 10.2 and 10.3 above, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Order.
11.1 Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable). Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.
11.2 We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above).
11.3 All aspects of the contract formed in respect of your use of our site shall be governed by English law and the parties agree to the non-exclusive jurisdiction of the English courts. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction.
12.1 We always like to hear from our customers whether it is good news or a problem you need us to solve. Our Customer Services team is ready for your call on 0203 3273389 between the hours of 9:00am – 5:00pm Monday to Friday. Calls may be recorded for training purposes.
12.2 We will respond to you within 3 working days to acknowledge your call or email. Sometimes, it may take a little longer to follow up with a detailed response but we will always try to do this within 15 working days of your first contact with our Customer Relations Team.
Our full legal name is Exswift Ltd. We are a company registered in England and Wales. Our company number is 10806988 and our registered address is Basset Business Centre, 1 One Tree Hill, Stanford-Le-Hope,, Essex. SS17 9NH. Our VAT number is 273 1236 22.
© 2020 Exswift