Terms & Conditions
TERMS AND CONDITIONS
These Terms and Conditions govern your use of the website. All orders placed through this site are subject to these terms and conditions – placing an order through the website, or telephone, signifies your acceptance of these Terms and Conditions. Please read these terms and Conditions carefully as they affect your liabilities under law.
1 Biomass Fuel Supplies Ltd is a trading name of Biomass Fuel Supplies Ltd, Company No. 8905126 and VAT reg no 189038964 Biomass Fuel Supplies ltd has its registered office at 340 HAYDOCK LANE, HAYDOCK IND EST ST HELENS, MERSEYSIDE WA11 9UY. Any orders placed on the Biomass Fuel supplies ltd site creates a contract between Biomass Fuel Supplies ltd and the customer placing the order relating to the provision of a delivered product by Biomass Fuel supplies ltd to that Customer.
BASIS OF SALE
1 These Terms and Conditions set out the entire relationship between Biomass Fuel Supplies ltd and you the customer for the sale of Goods. Please ensure that you read and understand these Terms and Conditions as these Terms are binding upon placement of an order.
2 Any samples, drawings, descriptions or advertising that appear on this site or in any marketing material are provided to give you an approximation of the goods they represent. They do not form part of the contract between the two parties – in particular promotional pricing will be superseded by the pricing indicated on the site and confirmed in your order confirmation.
3 You are considered to have placed an order and entered a binding contract with Biomass Fuel Supplies Ltd when you have:
A. Ticked that you have accepted the Terms and Conditions on the website; and
B You have made payment for the goods ordered.
4 On completion of your order you will be issued with an order number. Please quote this order number on any correspondence with Biomass Fuel Supplies ltd
5 Once an order has been placed the goods are automatically consigned for delivery to the address you have provided. If you would like to amend or cancel an order that has been placed you will be liable for any costs incurred in the creation and dispatch of that order. Any refund given on cancelled or amended orders will be reduced by the costs incurred to that point.
6 If you would like to return an order that has already been delivered, please contact us, and inform us of your reason for the return. We will organise our haulier to collect the order. It is your responsibility to ensure that the order is in a suitable state and location for collection by our haulier. Typically that means in the same or similar condition as when delivered, and in a place that our haulier may access. Please contact us if you require further guidance. You will be refunded for the full value of any goods returned to us in a saleable condition less any transport costs incurred.
7 We have the right to revise and amend these Terms and Conditions as we see fit. You will always be bound by the terms and conditions that were active at the time your order was placed.
1 We warrant that the Goods shall:
A. Conform in all material respects with the ordered specification
B Comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident or negligence (by you or a third-party).
3 We will take reasonable steps to ensure that your order arrives in good condition.
4 It is your responsibility to ensure that you store your goods in a suitable location. Please note that fuel in all its forms does not tolerate damp storage conditions.
1 The contract between Biomass Fuel supplies ltd will be deemed to be fulfilled on delivery of your order in a fit state of condition.
2 The goods will be considered to be delivered in a fit state where you, the customer, has signed the delivery note confirming the safe delivery of the order.
3 Where the customer has waived their right to inspect the state of goods by requesting delivery without a signature on delivery, the goods will be deemed to be delivered in a fit state regardless of the actual state of goods delivered, and delivery will be deemed to have been made at the time stated on the delivery note.
4 We strongly advise against customers requesting unattended deliveries or adding vague special instructions for deliveries as these can not always be fulfilled.
5 All pallet based deliveries are delivered to the kerbside. While our delivery company will normally go to great lengths to ensure that your delivery is placed exactly where you require it, the contract between yourself and Biomass Fuel Supplies includes delivery to kerbside only. Please ensure that you have the means to move the pallet(s) and their goods from the kerbside to a suitable storage location..
6 The route from the lorry’s parking space must be easily accessible and navigable by the driver.
7 If our haulier is unable to deliver the goods safely you will be liable for a failed delivery fee. This fee will never be more than the value of your order.
8 Where damages have been indicated on the delivery note, Biomass Fuel Supplies ltd will refund you the value of the goods indicated damaged. Biomass Fuel Supplies ltd is unable to replace damaged goods on future orders.
9 Where damages are not indicated on the delivery note Biomass Fuel Supplies ltd are not able to offer any refund where the customer could have been reasonably been expected to have been aware of the damages after a visual inspection of the order.
10 If there are damages on any order that were not signed off on a delivery note and that could not reasonably have been discovered by a visual inspection of the order on delivery, then the customer may apply for a refund for the damages provided they are able to:
A. Provide evidence of the damage in photographic form;
B. Provide evidence that the damage could not have been reasonably discovered by a visual inspection of the goods on delivery;
C Provide notification of the damages to Biomass Fuel Supplies ltd within 24 hours of the delivery.
11 We provide guidelines as to the expected delivery schedule of the relative delivery services offered by Biomass Fuel Supplies ltd. Please note that in all cases the timeframe’s given are guides only. Biomass Fuel Supplies ltd will not be held liable if for whatever reason a delivery does not arrive within an expected period.
12 All orders received on a standard working day prior to 3pm are dispatched that day, subject to stock. Biomass Fuel Supplies ltd endeavours to maintain a positive stock balance on all lines throughout the year. Where Biomass Fuel Supplies ltd are expecting a temporary unavailability of stock, provided the unavailability of stock will not exceed 3 days, Biomass Fuel Supplies ltd will continue offering the product for sale and dispatch the product on arrival. Biomass Fuel Supplies ltd reserves the right to substitute a product that is out of stock with another product of the same or better quality and of an equal or greater price per tonne.
13 Where stock is unavailable and not due to be available for more than 3 days, Biomass Fuel Supplies ltd will endeavour to restrict sales of the good in question or offer the customer a substitute product of the same or better quality and of an equal or greater price per tonne.
14 Standard Delivery – Order placed before 3 pm on a standard delivery basis for delivery within mainland England, Scotland and Wales will typically arrive on the third working day, including the day of dispatch (i.e. Monday pre 3pm order should be delivered on Wednesday), unless stated otherwise in special delivery instructions.Note that in busy periods deliveries may take longer.
15 Next Day delivery – orders placed before 3 pm on next day delivery will be delivered the next working day after dispatch day.(excludes weekends)
16 If a timed delivery is booked and the delivery is not received within this time, then next day rates will apply
17 It is your responsibility to ensure that there is suitable access to the delivery location. Where a delivery is attempted but is unable to complete due to a lack of access that you could have reasonably been expected to anticipate, we will charge a re-delivery fee of at least £20.00 + Vat per pallet.
18 It is your responsibility to ensure that the address and delivery instructions you provide are suitable. Where the address and instructions are vague and our haulier cannot reasonably be expected to find the delivery location from the instructions provided, we reserve the right to charge a re-delivery fee of at least £20.00 + vat.
19 It is not the responsibility of Biomass Fuel Supplies ltd if there are any problems encountered once items have left our warehouse, it is then in the hands of the courier. We do not take responsibility for any failed or refused deliveries that are down to the courier.
DAMAGE TO PROPERTY AND/OR PERSON DURING DELIVERY
1 Biomass Fuel Supplies Ltd disclaims all liability from any damage and or death to any property and or person that may occur during the delivery process.
2 Any liability for any damages that may occur during the delivery process lies strictly with our haulier.
1 If you over order pellets when placing a bulk delivery order you will pay for the quantity of the pellets ordered regardless of whether our haulier is able to deliver the entire quantity ordered.
2 If you over order and our haulier has pellets remaining in his pipe he will clear those pellets onto the ground unless a more suitable receptacle is made available. You will be responsible for disposing of those pellets at your cost.
3 If you under order pellets and our haulier has spare capacity we may not able to increase the size of your order.
4 The total length of pipe (I.e. the combined length of our pipe and your pipe) should not be longer than 25m.
5 You must provide an accessible flange with a Storz 110A connector for connecting the delivery pipe.
6 The flange must be located in an area that is safe for the driver to access – no more than 1.5m above the platform the driver stands on when making the connection.
7 The route from the lorry’s parking space must be easily accessible and navigable by the driver.
8 If our haulier is unable to deliver the goods safely you will be liable for a failed delivery fee. This fee will never be more than the value of your
DEFECTIVE GOODS AND RETURNS
1 It is your responsibility to ensure that the goods are suitable for the use to which you put them too.
2 In the unlikely event that the goods provided do not conform with these terms, please let us know. If the goods do not conform we will:-
A Remove the goods at our cost and provide you with a full refund for the value of the goods that have been removed; or
B Replace the goods at our cost.
3 If you are unsatisfied with the goods delivered, but the goods do conform to these terms and you would like to return the goods we will collect the goods and provide a refund to you provided:-
A The goods are returned to us in a sale-able condition;
B We will refund you the full value of the goods returned to us, less any transport costs incurred returning the goods to our warehouse.
4 These terms and conditions apply to any replacement goods that we may send you.
5 If your order is being returned it is your responsibility to ensure adequate access for our haulier to collect the goods. Where appropriate access is not given we will pass on any additional haulage costs to you.
6 Once items have left our warehouse responsibility is passed onto our courier and is out of our control and therefore any returns from issues with the courier such as failed or refused deliveries will be refunded minus the shipping charges.
1 VAT on domestic solid fuel is levied at either the reduced rate or standard rate of VAT. It is your responsibility to ensure that the VAT rate you utilise on your order is appropriate for your intended use. Biomass Fuel Supplies ltd will not be held responsible for the incorrect application of a VAT rate by a customer.
2 The rate of VAT levied on sales of fuel products is subject to the intended use of those products. For full details of the relevant laws please see HMRC Reference:Notice 701/19 (August 2010). A guide to the appropriate rate is given below. Please note that we will not be held responsible for the incorrect application of a VAT rate to your order. It is your responsibility to ensure that you understand the legislation, by agreeing to our terms and conditions you certify that you order is compliant with the relevant legislation. We will not be held responsible for inaccuracies in the advice tabled below.
1 Intended use:- FUEL
Fuel supplies for domestic use incur VAT at the reduced rate of 5%. Business customers may apply the reduced rate for some deliveries provided they satisfy the requirements in the Legislation. Where Business customers do not satisfy these requirements they are obliged to pay the standard rate of VAT.
2 Intended Use: OTHER
All other supplies are made at the standard rate of VAT.
Please ensure you make a purchase with the appropriate rate levied. By making a purchase on our site you are confirming that you have applied the appropriate VAT rate to your order.
LIMITATION OF LIABILITY
1 If either party 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 are a foreseeable consequence of the failure to comply with these Terms.
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 Business;
B; Loss of income or revenue;
C; Loss of anticipated savings;
D; Loss of data;
E; Any waste of time or
F; Any loss due to the sourcing of replacement goods from another provider.
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;
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.
1 We will not be responsible for any failure to perform our obligations when impeded by a Force Majeure event such as;
A; Strikes, lock out’s or other industrial action’
B; Civil commotion riot, invasion, terrorist attack, war etc.
C; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
D; Transport network failure, or
E; Communication network failure.
2 Our obligations under these terms are suspended for the duration of the Force Majeure event. We will endeavour to fulfil our obligations as soon as possible once the event has ceased.
You may not assign or transfer your rights or obligations under these Terms to any other party without the written consent of Biomassfuel supplies .
1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you,that will not mean that we will automatically waive any subsequent default by you.
3 No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English Courts.