BWOC Terms and Conditions
These conditions apply to the supply of Goods and/or Services to customers who are customers ordering and/or receiving goods and/or services.
The customer's attention is drawn in particular to the provisions of clause 11
Definitions. In these Conditions, the following definitions apply:
Commencement Date: has the meaning set out in clause 2.3.
Conditions: these terms and conditions as amended from time to time in accordance with clause 3.2.
Contract: the contract between the Supplier and the Customer for the supply of Goods and/or Services in accordance with these Conditions.
Customer: the person/private individual who purchases or receives the Goods and/or Services, from the Supplier for personal use and not for business purposes.
Delivery Note: the delivery note detailing the volume of Goods delivered provided by the Supplier to the Customer following delivery of the Goods.
Delivery Location: has the meaning set out in clause 4.2.
Events Outside Our Control: has the meaning given to it in clause 13.
Goods: the goods (or any part of them) set out in the Order or as the Supplier agrees to Supply to you in a Contract.
Order: the Customer's order for the supply of Goods and/or Services, as set out in the Customer's purchase order form, or the Customer's written or oral acceptance of the Supplier's quotation, or overleaf, as the case may be.
Services: means: (i) the delivery of the Goods by us (or a third party on our behalf) to you; (ii) making the Goods available to you for collection; and/or (iii) such other services as we may agree in writing or in a Contract to provide to you from time to time, as appropriate.
Supplier: BWOC Ltd. Registered in England & Wales. Number 3256076. Registered Office: 5th Floor, Portland House, Cardinal Place, London SW1E 5RS NB. All correspondence pursuant to these Conditions should be sent to BWOC Limited
BW Estate, Oldmixon Crescent, Weston-super-Mare, BS24 9BA
Supplier’s Website: www.lynxfuels.co.uk
Construction. In these Conditions, the following rules apply:
a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
a reference to ‘Our’, ‘We’ or ‘Us’ is given in the context of the Supplier and a reference to ‘Your’ or ‘You’ is given in the context of the Customer;
any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
a reference to writing or written includes faxes and e-mails.
2. BASIS OF CONTRACT
2.1 The Supplier may provide a quotation or price for Goods and/or Services via the Supplier’s Website, by telephone or in writing (including email). All prices quoted are the prices available for the requested quantity and grade of goods valid on the day they are given only and may be amended or withdrawn by the Supplier at any time prior to acceptance by the Supplier pursuant to these Conditions.
2.2 The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Conditions. When you sign and submit an Order to the Supplier or place an Order by telephone, this does not mean the Supplier has accepted your order for Goods. The Supplier’s acceptance of the Order will take place as described in clause 2.3. If the Supplier is unable to supply the Customer with the Goods, the Supplier will inform you of this and will not process the Order.
2.3 The Order (placed by the Customer pursuant to a quotation or otherwise) shall only be deemed to be accepted when the Supplier issues written or oral acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.4 Any samples, descriptive matter or advertising issued by the Supplier and any illustrations or descriptions contained on our website or in the Supplier's brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them for sale. The Supplier does not deliver to addresses outside of England or Wales.
2.5 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
2.6 For all new accounts between the Customer and the Supplier, the Customer must provide their name, address, telephone number and email address together with any special delivery instructions. All information you provide must be true and accurate The Customer confirms that they are over 18 years of age.
2.7 If any problems arise with processing your request for an account with the Supplier, the Supplier may require additional information (for example, photographic evidence of your identity). The Supplier may reject or cancel an Order at any time if the Supplier is not satisfied with the information.
3.1 The Goods or Services are described on the Supplier’s Website, in a written or oral quotation or in the Order.
3.2 The Supplier reserves the right to: (i) change any of the advertising or product information materials referred to in Condition 2.4; (ii) make changes to the specification of the Goods that the Supplier believes necessary to ensure that they conform to any applicable safety or statutory requirements; and/or (iii) make minor modifications to the specification of the Goods that the Supplier considers necessary or desirable (and which should not have any material adverse effect on the performance of the Goods). If the Supplier has to revise these Conditions, the Supplier will give the Customer reasonable notice of any changes to these Conditions before they take effect.
4. DELIVERY OF GOODS
4.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a Delivery Note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods, special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
4.2 The Supplier shall deliver the Goods to the Customer’s premises as set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready. If the delivery address the Customer has given is wrong and the Goods are delivered to somebody else, the Supplier is not responsible for any losses the Customer incurs as a result.
4.3 Delivery of the Goods (and performance of the Services) will be deemed to have taken place at the Delivery Location as follows:
a) for Goods 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 have provided for receiving delivery at your address;
b) for Goods 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); or
c) for Goods collected by you from us (for example barrels or cans of fuel), when the relevant Goods pass through the meter of the loading arm of our loading gantry
and the Goods will be the Customer’s responsibility from that time.
4.4 The Supplier shall record the delivery date, quantity and description of the Goods delivered and such records, in the absence of evidence to the contrary, be deemed proof of the date of delivery and the quantity and type of Goods delivered.
4.5 Unless a delivery date is agreed by the Supplier in advance, the Supplier will contact the Customer with an estimated date for delivery which will be within 30 days after the day on which the Supplier has accepted the Order.
4.6 Any dates quoted for delivery of the Goods are estimates only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.7 If the Customer fails to accept or take delivery of the Goods when they are ready to be delivered, or the Customer fails to collect the Goods when they are ready for collection, or the Supplier is unable to deliver the Goods due to an act or omission of the Customer, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods:
a) The Supplier shall have no liability to the Customer for late delivery;
b) the Supplier may store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance and re-delivery costs); and
c) the Supplier may deliver the Goods to another customer.
4.8 Subject to Condition 4.6, if the Supplier fails to deliver the Goods by an agreed delivery date, or if no date has been agreed, within a reasonable time frame, then you may cancel your Order straight away if any of the following apply:
a) We have refused to deliver the Goods; or
b) you told Us before we accepted your order that delivery within the delivery deadline was essential.
4.9 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 4.8 you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
4.10 If you do choose to cancel your Order for late delivery under clause 4.7 or 4.8 after the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.
4.11 If the Supplier is not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, the Supplier will deliver the Order in instalments. The Supplier will not charge the Customer extra delivery costs for this.
4.12 When the Supplier delivers by instalments, all delivery vehicles have meters, which are inspected annually. The meters are sealed units. On instalment deliveries, the Supplier’s delivery note will record the meter readings before and after delivery to verify the volume delivered. If the Supplier’s delivery note indicates that the Supplier has delivered less than the quantity ordered the Supplier will (at the Customer’s option): charge the Customer only for the quantity delivered; or deliver the balance to the Customer as soon as the Supplier is able to (however the Supplier is not obliged to do so and the Customer shall have no right to reject the goods if the shortfall is less than 500 litres). If the Supplier’s delivery note indicates that they have delivered more than the quantity ordered the Supplier will either: charge the Customer for the full quantity delivered; or should the excess be more than 500 litres, and fit for resale, remove it as soon as the Supplier is able to (if the Customer wishes the Supplier to do so and it is practicable to do so). If the Customer believes that their metered delivery note does not accurately record the quantity delivered, the Supplier will arrange for their delivery vehicle’s meter to be checked, but first the Customer must demonstrate, to the Supplier’s reasonable satisfaction, that the discrepancy has not arisen, after delivery, from misappropriation or leaks. The Supplier will bear the cost of checking the meter if, on checking, it is found to be inaccurate and that inaccuracy is the cause of the alleged short delivery. Otherwise they Customer will have to bear that cost (and we may require a full deposit against that cost before the meter is checked).
Customer’s Delivery Obligations
4.13 The Customer 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) providing adequate and appropriate equipment for accepting 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, the storage container or tank is safe and suitable for the Goods and that it is clearly marked with the product name (grade), safe working capacity and identification number, the delivery driver 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;
b) not mount any vehicle used by the Supplier (or on the Supplier’s behalf) for the delivery of the Goods and the Supplier may stop the relevant delivery if you attempt to do so;
c) the Customer must indicate to the Supplier/Supplier’s delivery agent the correct fill point in respect of their tanks (and note that the Supplier is not responsible for dipping, checking or testing the Customer’s tank(s));
d) the Customer must inspect and check (to the extent reasonably practicable) the Goods to ensure that they conform to the Contract and ensure that the Customer signs a delivery note to confirm the Goods are as ordered and undamaged;
e) the Customer must raise any issues regarding the safety or suitability of their storage facilities and/or tank before the Supplier commences delivery (ensuring that any out of service equipment is clearly marked and isolated);
f) in any event, the Customer must act sensibly and with all due care and caution in relation to the Goods, acknowledging that there are health and safety issues inherent in receiving and storing the Goods, which if handled incorrectly can be dangerous. If the Customer is collecting the Goods from the Supplier then the Customer must ensure that they comply with the Supplier’s policies and procedures regarding access to, and conduct at, the Supplier’s premises; and
g) the Customer must inform the Supplier clearly-when placing their order-of any special delivery instructions or hazards (and confirm those in writing); the drive or access road (including man-hole covers and lids) over which the Supplier’s vehicle must pass will accept a heavy goods vehicle.
4.14 Please note that where the Supplier is delivering highly flammable Goods or other similar Goods to the Customer it is important (for the Customer’s safety and for the safety of the Supplier’s delivery agents) that the Customer is aware of and is complying with any and all applicable laws and regulations in relation to the health and safety risks associated with the Goods. If the Customer is unsure as to the obligations referred to above regarding the safe storage and receipt of the Goods then it the Customer’s 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. If the Supplier believes that it would be unsafe to make a delivery of Goods to you then the Supplier may decline or suspend the relevant delivery unless or until the Supplier is satisfied (acting reasonably) that it would be safe for the Supplier to proceed.
4.15 If the Customer becomes aware that the wrong or defective Goods have been delivered then the Customer must stop using those Goods with immediate effect and notify the Supplier as soon as practicable regarding the same. The Supplier will contact the Customer to arrange collection of the Goods or to reach an alternative agreed solution appropriate to the circumstances.
4.16 Following receipt of a notice from the Customer in accordance with Condition 4.16, the Supplier shall, either (i) remove the relevant Goods and replace them with the correct Goods, or (ii) issue a credit note or refund to you in respect of the relevant Goods. The Supplier shall determine which option is to be taken, and the Supplier’s liability to the Customer in respect of that Contract shall be limited to our undertaking our chosen option.
5. QUALITY OF GOODS
5.1 The Supplier warrants that on delivery, the Goods shall be free from material defects, match the description we may have given to you, be of satisfactory quality, be fit for purpose and meet all applicable legal requirements.
5.2 Subject to clause 5.3, if:
a) the Customer gives notice in writing within a reasonable time of discovery (such time period being no more than 7 days) that the Goods do not comply with the warranties set out in clause 5.1;
b) the Supplier is given a reasonable opportunity of examining such Goods; and
c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost,
you can tell the Supplier that you want the Supplier to replace the defective Goods, or refund the price of the defective Goods in full, save that the Supplier can request reasonable evidence of any Goods that do not comply with clause 5.1.
5.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
c) the defect arises as a result of the Supplier following any directions supplied by the Customer;
d) the Customer alters or repairs such Goods without the written consent of the Supplier; or
e) the defect arises as a result of the Customer’s or any third party’s wilful damage or negligence.
5.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Supplier under clause 5.2.
6. RISK AND TITLE
The risk in the Goods shall pass to the Customer on completion of delivery and the Customer will own the Goods once the Supplier has received payment in full.
7. SUPPLY OF SERVICES
7.1 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
7.2 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
8. CUSTOMER'S OBLIGATIONS
8.1 The Customer shall ensure that the terms of the Order and the Goods ordered are complete and accurate and shall cooperate with the Supplier in all matters relating to the Services.
8.2 If the Supplier's performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
a) the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 8.2; and
c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
9.1 The price for Goods and Services (ordered by telephone or through the Supplier’s Website) shall be the prices as confirmed by the Supplier to the Customer when accepting an Order.
9.2 The price of the Goods and Services is inclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall be paid by the Customer when it pays for the Goods. These charges will be made clear in the Order.
9.3 The Customer acknowledges that the Goods are a commodity product and as such the price at which the Supplier is able to source the Goods in the time frame given at the time the Order is made, and certain associated delivery costs, are subject to a considerable degree of market fluctuation, often over very short timescales and beyond the control of the Supplier. The Supplier therefore reserves the right to vary the charges by giving notice to you which may be given in writing, by email or telephone at any time prior to delivery, to take account of any variation in these costs or the imposition or revision of any applicable rates, taxes, duties or levies between the date the prices were provided and the delivery date. The Supplier will only seek to re-quote the Price pursuant to this clause in the event the Customer is unable to accept less than 80% of the Goods ordered.
9.4 If the Supplier revises its charges pursuant to this clause and as a result of the new Charges which will apply you no longer wish to receive the relevant delivery then you must inform the Supplier (or if you are not present when the delivery takes place, promptly within 2 business days of your receipt of the delivery note) that you wish to cancel the Contract. Provided that you give such notice in writing, and you make available to us any Goods which have been delivered, then we will have an option to either: (i) confirm the Contract at the original price and invoice you accordingly or (ii) confirm that the Contract is cancelled and remove our Goods (and you must provide us with the necessary access to the relevant Goods to enable us to remove the same).
10. PAYMENT TERMS
10.1 Subject to clause 10.3, the Customer shall pay for all Goods and Services in cleared funds in advance of delivery or if agreed by the Supplier, within 14 days of each invoice.
10.2 If the Customer opts to pay using a credit card then the Supplier may charge a reasonable card processing fee (as itemised on the Customer’s invoice) to cover the Supplier’s costs and the fees incurred from the credit card companies. Any credit card charge will be made clear to the Customer at the time of order. There are no card processing charges in respect of payments made via debit cards.
10.3 If the Customer holds an approved account with the Supplier in respect of an ongoing supply of Goods and Services, payment shall be due on the agreed payment dates as stated in the Order. If any payment is not paid when due or any Direct Debit mandate is cancelled by the Customer or a Direct Debit collection or cheque is returned unpaid by the Supplier’s bank, the account(s) of the Customer shall automatically become due and payable immediately in full, the Supplier may suspend or cancel any ongoing Services or discounts offered. The Supplier reserves the right to charge a per item administration fee of £30.00 on any returned Direct Debits or cheques.
10.4 On application for an approved account, you consent to the Supplier placing a credit check as detailed in clause 14 below.
10.5 EasiPay Accounts may be offered to Customers at the discretion of the Supplier. If an EasyPay acount is opened at the same time as an Order is placed a payment of 50% of the cost of the Order is required in advance. The minimum order quantity for an EasiPay Account will be 900 litres. The account is expected to return to credit between deliveries and will operate within the parameters of a fixed credit limit up to 4 times of the agreed monthly payment.
10.6 Either you or we can cancel the EasiPay Account (and the related direct debit) by telling the other in writing one month before you/we want it to end. If the EasiPay Account is cancelled all outstanding balances must be settled in full at the time of cancellation.
10.7 For Orders placed pursuant to clause 10.5, the Customer shall pay each invoice submitted by the Supplier:
a) within 30 days of the date of the invoice; and
b) in full and in cleared funds to a bank account nominated in writing by the Supplier, and
c) time for payment shall be of the essence of the Contract.
10.8 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.
10.9 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 3% per annum above Lloyds Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
10.10 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
11. LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
11.2 If We are installing the Goods in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
11.3 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. TERMINATION AND CANCELLATION RIGHTS / RETURNS
12.1 The Customer may terminate this Contract by giving written notice to the Supplier at any time prior to the Supplier’s carriers leaving the Supplier’s premises to fulfil your Order (provided that the Supplier’s delivery costs have not already been incurred) and that the Supplier may charge you for the Goods held to fulfil your Order or which we are committed to acquire or hold to supply to you under the Contract and for such costs of cancellation, subject to the Supplier using its reasonable endeavours to mitigate its loss.
12.2 Unfortunately, once our Goods are mixed with Your fuel in your tank, you cannot cancel the Contract.
12.3 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens we will promptly contact you to let you know and if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
13. EVENTS OUTSIDE OUR CONTROL
13.1 The Supplier will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Conditions that is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond Our reasonable control.
13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 12. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 12.3.
14. DATA PROTECTION AND CREDIT CHECKS
14.1 By placing an Order the Customer provides consent for its data to be processed for the administration, management and implementation of this Contract. Your data may be shared with credit reference agencies for the purpose of assessing your credit score, to process your payment for such Goods, to ensure your credit or debit card is not being used without your consent and to ensure and protect our mutual business dealings, our business partners, suppliers and sub-contractors for the performance of our contract.
14.2 Credit limits and performance are reviewed periodically and this could result in further checks being made with credit reference agencies and credit insurers.
14.3 The Supplier may use your personal information to inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
15. HOW TO CONTACT US
15.1 We are a company registered in England and Wales. Our company registration number is 3256076 and Our address is Lynx Fuels, Unit 5, The Olive Grove, Plews Way, Leeming Bar Industrial Estate, Leeming Bar, North Yorkshire, DL7 9UG
15.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01677 455140 or by submitting an email enquiry via the Supplier’s Website.
15.3 If you wish to contact Us in writing, or if any clause in these Conditions requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Lynx Fuels at the address above. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
16. OTHER IMPORTANT TERMS
16.1 We may transfer Our rights and obligations under these Conditions to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
16.2 This Contract is between you and Us. No other person shall have any rights to enforce any of its terms.
16.3 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
16.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Master version of the Offset Product Clauses (for BWOC’s various GTCs)
In addition to the above, Company may, but is not obliged to, offer Customer and Customer may purchase a separate service whereby Company will purchase verified carbon credits from a reputable third-party provider in Company’s name to voluntarily offset the carbons (CO2) produced by and/or for the product and/or goods purchased by Customer under the Agreement (“Carbon Offsets”). Such product and/or goods shall be labelled “Offset Product”.
Company will purchase Carbon Offsets within a reasonable amount of time, which shall be determined by Company on a case-to-case basis, following Customer’s purchase of such Offset Product. Customer may request evidence of Carbon Offsets in writing to Company who shall then promptly provide Customer with copies of the relevant certificates for the Carbon Offsets applicable to Customer’s Offset Product.
When Customer purchases Offset Product it shall pay Company the ("Offset Product Tariff") in accordance with and subject to all terms and conditions above.
Customer acknowledges that all offers to sell and purchases of Offset Product hereunder are for the respective unregulated, voluntary market and are not reportable by Customer to any regulatory institution, including but not limited to, as evidence for compliance with any carbon reducing or like obligations at law or otherwise.