Energy Solutions (UK) Ltd.

Registered in England No. 2904541.

Registered address:
52 – 54 Riverside, Sir Thomas Longley Road, Medway City Estate, Rochester, Kent ME2 4DP

VAT Number GB661882706

Terms and Conditions

We Are ENERGY SOLUTIONS (UK) LIMITED (English Company Number 2904541)
You are OUR CUSTOMER.

1 MAKING THE CONTRACT

1.1 If we send you a quotation then that quotation does not bind us to sell you the goods, and does not bind you to buy the goods. We may withdraw the quotation at any time without notice. All quotations lapse after 28 days. If you wish to buy goods you should send us an order.

1.2 Your order is an invitation to treat.

1.3 Our acknowledgement of order (or our delivery note if we do not send you an acknowledgement of order) is an offer to sell only the goods identified in it at those prices on these terms. As it is based on your order, it will be treated as accepted and the contract made unless we receive your written cancellation within two working days.

1.4 All goods sold by us are sold on these terms and those on the acknowledgement of order (or our delivery note if we do not send you an acknowledgement of order); only our directors are able to vary them and then only in writing. No other terms (other than those on our acknowledgement of order) whether put forward by you or implied by statute shall apply.

2 CANCELLATION

2.1 Contracts can be varied or cancelled only with our consent (which will be shown only by the issue of a revised acknowledgement of order).

2.2 If we agree to cancel or vary a contract after we have bought or manufactured goods for it, we may charge a cancellation fee to compensate us for the expenses of disposal.

2.3 If we are dependent on a supplier who fails to supply a necessary component of the goods, we will tell you and (if we are able to), offer you an alternative. If we cannot offer an alternative, or if we do not get your written approval to it (within seven days) the contract will be void (but only for those goods).

3 PRICE

3.1 The price, unless otherwise stated, excludes:-

packaging
delivery
insurance
installation
VAT.
3.2 If we suffer a major increase in costs, we may increase the price; if so, we shall tell you as soon as possible.

4 PAYMENT

4.1 Unless otherwise stated you must pay us as soon as we demand payment.

4.2 We may charge interest on late payments at 2% per month (or part). Interest accrues daily and runs before and after judgement. If you pay late, you must also pay (in full) any legal expenses incurred by us.

4.3 You may not withhold payment because of any dispute, or claim any set off.

4.4 We may apply any payment to any invoice and ignore contrary instructions given by you.

4.5 We may require a deposit as a term of the contract.

4.6 Deposits are not refundable.

4.7 We may (at any time) suspend manufacture or delivery unless you give us security for payment

(including any deposit requested).

4.8 We may change the limit on an approved credit account (if in our absolute discretion we grant you an approved credit account) at any time. If the limit is exceeded, the excess must be paid immediately.

5 DELIVERY

5.1 Delivery shall be ex works unless otherwise stated on our acknowledgement of order.

5.2 The delivery date is not of the essence and you may not reduce the price or make a claim against us if the goods are delivered after then. If we do not deliver then, we shall use our best efforts to deliver within a reasonable time afterwards.

5.3 We may deliver in stages and invoice you separately for each stage. Each stage will be treated as a separate contract.

5.4 If the goods delivered vary (by 10% or less) from the acknowledgement of order in quantity, quality or description, you must pay for them at the contract rate.

5.5 If you ask us to delay delivery, we will do so if we can, but may charge you for storage.

5.6 You give us the right of access to all premises under your control to deliver, inspect and remove the goods. That right may not be revoked until you have paid all that you may owe us.

5.7 Where:-

 5.7.1.1 your goods are in our possession; or

 5.7.1.2 you have ordered goods from us; and it is your duty to collect the goods from us or notify us of a delivery  destination, and/or pay us prior to delivery, we may, after giving you 7 days notice in writing that you have failed to do so:-

 5.7.2.1 charge a reasonable weekly storage fee until you either collect the goods or notify us of a delivery destination; and/or

 5.7.2.2 treat you as having repudiated the contract;

 5.7.2.3 make a cancellation charge. If we treat you as having repudiated the contract then we have the right to sell the goods as your agent at such price as we see fit. We will credit the proceeds of sale against the price of the goods (and any other money that you owe us).

6 RISK

6.1 The goods are at your risk from when you receive them.

7 INSPECTION AND SHORTAGES

7.1 You must inspect the goods as soon as you receive them.

7.2 If you cannot examine the goods, the delivery note must be marked "not examined".

7.3 We are not liable for shortages or defects that should have been seen on a careful inspection and which you do not tell us about within 2 days of delivery (and confirm in writing).

7.4 We are not liable for any other defects unless we receive a written complaint within 7 days of delivery.

7.5 If we are told about defects and shortages within those time limits, we will supply replacements or adjust the price but otherwise you may not make any claim or reduce the price.

8 OWNERSHIP AND TITLE

8.1 For so long as any amounts remain owing in respect of the goods or any other amounts whatsoever remain owing or which may become due to the seller (the company) from the buyer (the customer) on any account: title to and property in any of the goods shall remain with the seller and the goods shall be held by the buyer on behalf of the seller in a fiduciary capacity, but may not commit us to any liability under contract.

8.2 The buyer may sell such goods to a third party in the ordinary course of the buyer’s business, provided that any such sale shall be made as agent for the seller. Notwithstanding that delivery has taken place, the parts shall remain the sole and absolute property of the company as legal and equitable owner until such time as the customer shall have paid to the company the price together will all interest, costs and expenses which may have accrued due.

8.3 Both the third party and the customer acknowledge that they are in possession of the product solely as bailee for the company until such time as all the foregoing sums have been paid to the company.

8.4 The customer’s right to possession of the product ceases if he does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up. The company may for the purposes of recovery of its product enter upon any premises or the vessel where the same is stored or where it is reasonably thought to be stored and may possess the same.

8.5 If the product, the property of the company, is fixed or integrated with machinery, the property of the customer, the property thereof shall become and/or shall be deemed to be the sole and exclusive property of the company. If the product the property of the company is fixed or integrated with the product the property of any other person, then the customer the product thereof shall become or deemed to be owned in common with other such persons.

9 WARRANTIES

9.1 We have the right to sell the goods to you.

9.2 The goods will conform (in material respects) with any sample, but we may improve their composition or specification without notice.

9.3 The goods will be as described in the acknowledgement of order (but the delivery date is not part of that description).

9.4 Where we have serviced or overhauled your goods they will be governed by these terms in the same way, so far as possible, as goods we sell to you. In particular you must use the goods in accordance with clause 12 of these terms.

9.5 All goods supplied come with manufacturers warranties. Please ask for a copy. Those warranties form part of these terms for those classes of goods only. We are under no liability under the warranty (or any other warranty, condition or guarantee) until the total price for the goods has been paid.

9.6 Any warranty claim must initially be made to us. We will advise you of the correct warranty procedure for the goods in question.

9.7 Subject as expressly provided in these terms, all warranties, conditions, representations or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

9.8 Save as otherwise expressly provided in these terms, the following provisions set out our entire liability (including any liability for the acts and omissions of our employees, agents and sub-contractors) whether in contract, misrepresentation (other than fraudulent misrepresentation) or tort, including negligence or otherwise howsoever arising.

9.9 To the extent the law does not permit such liability to be excluded.

 9.9.1 if you are a consumer (defined in s.12 Unfair Contract Terms Act 1977), ss. 13, 14 and 15 Sale of Goods Act 1979 and the Consumer Protection Act 1987 applies;

 9.9.2 we do not exclude or restrict our liability for  death or personal injury from our negligence;

 9.9.3 we accept liability for damage to your tangible property resulting from our negligence not exceeding £1,000,000 for any one incident or series of incidents rising from a common cause.

9.10 Subject to clause 9.8.2 above, we shall not be liable for any loss of use, costs of removal, damage caused by removal, costs of transportation, costs of installation of repaired or replacement goods and making good any damage caused by removal, increased costs, expenses, loss of profits, goodwill, business, contracts, revenues or anticipated savings or any type of financial, special, indirect or consequential use including loss or damage suffered by you as a result of a claim made by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring the same.

9.11 In any event, our total liability is limited to the price of the goods or services under the contract in respect of which the claim arises, save as provided in clauses 9.9.1 to 9.9.3.

9.12 Subject to clause 9.9.2, we shall not be liable for any claim arising from your failure to use goods supplied in accordance with any written instructions supplied.

9.13 You shall indemnify us in respect of any cost, loss or liability arising in connection with any claim made by any person in connection with the misuse of goods or services provided by us.

9.14 Your statutory rights are not affected by these terms where you are a consumer and the goods are sold under a consumer transaction (defined by the Consumer Transactions Restrictions on Statements) Order 1976).

9.15 Our promotional materials give general information only unless they are specifically referred to in the acknowledgement of order form; the goods may vary from any description in them.

10 INDEMNITIES

10.1 You will indemnify us in full against claims or loss arising out of any negligence, carelessness or breach of any of these terms by you, your employees or agents.

11 FORCE MAJEURE

11.1 We are not liable for delays caused by matters outside our reasonable control, such as:-

act of God
war
riots and civil disturbances
fire or explosions
trade disputes
British or foreign government action or regulations
delay by suppliers
accidents
shortage of materials, labour or manufacturing facilities or others.

12 USE

12.1 Installation and operating manuals are available for all of our products. You must ensure that (after the goods have been delivered to you) every person who handles them or has possession of them has full instructions for their safe use, handling and installation.

12.2 You must use, store, handle and install the goods safely and in accordance with our nstructions.

12.3 You may not modify or alter the goods or any markings on them in any way without first receiving our written permission.

12.4 You must ensure that the goods are appropriate for all purposes for which you want them; they are supplied only on the basis that you have done so and are not relying on any statement we may have made.

12.5 You must not use the goods other than for normal seafaring and general boating uses. In particular you must not put them to any unusual use such as racing or competition of any kind.

13 BREACH

13.1 You will be treated as having repudiated the contract if you:-

 13.1.1 become insolvent; or

 13.1.2 commit a serious breach or one which is not remedied within 7 days of being asked to do so.

13.2 You may be treated as having repudiated the contract if you:-

 13.2.1 do not make a payment when due; or

 13.2.2 fail to accept delivery or give delivery instructions.

13.3 If you repudiate the contract:-

 13.3.1 all invoices sent to you must be paid immediately;

 13.3.2 the price of all goods not invoiced but delivered by us or manufactured or  ordered for sale to you must be paid immediately; and

 13.3.3 we will be released from all future obligations under all contracts.

13.4 You may be treated as insolvent if:-

 13.4.1 you are a company which has a petition for winding up or administration presented against it, or passes a resolution for winding up;

 13.4.2 a receiver of any of your assets is appointed;

 13.4.3 you convene a meeting of your creditors

 13.4.4 you (or any of your partners) become bankrupt;

 13.4.5 you are unable to pay your debts (defined in ss.123 or 286 Insolvency Act 1986);

 13.3.6 one of your creditors tries to serve on you a document purporting to be a statutory demand (under ss 123(1)(a), 222(1)(a) or 268(1)(a) Insolvency Act 1986);

 13.4.7 a judgement entered against you (by any creditor) remains unsatisfied after 7 days; or

 13.4.8 anything similar happens in a foreign  jurisdiction.

14 GENERAL

14.1 Written notices may be sent by post or fax to the address on the acknowledgement of order. If sent by fax, they may be treated as received on the first working day after transmission. If posted first class on the second working day after posting.

14.2 You may not transfer your rights under any contract.

14.3 If we do not exercise all of our rights under any contract, that will not constitute a waiver of any of our rights unless confirmed in writing by us.

14.4 English Law applies: English courst have non-exclusive jurisdiction.

14.5 Every reference to the goods is a reference to each of the goods.

14.6 If any provision of these terms is held by any competent authority to be invalid or unenforcable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected.

14.7 These terms and our acknowledgement of order constitute the entire agreement between us and replace and supersede any other agreements, understandings, representations or statements.

14.8 Our rights under these terms are cumulative.

Disclaimer

Information on this website is for general information purposes only

Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Cookie Policy

What Are Cookies

A cookie is a small file which is placed on your computer's hard drive to help store your user preferences, login and session states, analyse web traffic or let you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Cookies Used On This Site

The following cookies may be set. 

exp_last_visit, exp_tracker, exp_last_activity, exp_csrf_token: This site runs on the ExpressionEngine CMS which uses these cookies to track a users session, when they last visited or did something on the site. No personal information is stored in these cookies, only timestamps related to that browser session.

Google Analytics: __ga, __gat: We use Google Analytics to monitor and report on our website usage such as the number of visitors to the site, search phrases used to find us, pages visited on the site and time spent on the site. The statistics gathered are a necessary requirement in order for us to provide and improve our value added products and services and to stay competitive. The cookies do not identify users nor associate your IP address with any personally identifiable information. These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. Google's privacy policy is found here http://www.google.com/analytics/learn/privacy.html

How To Disable Cookies

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Privacy Policy

 

This privacy policy explains how ENERGY SOLUTIONS (UK) LIMITED or ‘we’ use any personal information we collect about you when you use this website.

 

Topics:

What information do we collect about you?

Why we need your data

How long will we store your data?

Marketing

Access to your information and correction

Cookies

Other websites

Changes to our privacy policy

How to contact us

 

What information do we collect about you?

We collect information about you when you buy products and services from us, fill in a contact form or email us directly. We also collect information when you voluntarily comment on our solial meadia posts and adverts, blog posts, provide feedback and participate in competitions. Website usage information is collected using cookies.

The information we collect about you may include; your name, email address, address, phone number, IP address, location, company name, products of interest, your chosen internet browser and service provider, and device plus any information you supply voluntarily. 

 

Why we need your data

We collect information about you to; fulfill your request e.g. if you fill out a ‘request a callback’ form we use this information to contact you directly, process your order, manage your account and, if you agree, to email you about other products, services, and information we think may be of interest to you. We may use your contact information to advertise our service to you on third-party websites such as Facebook and Twitter. We may also contact you directly to follow up on the service and user experience we provide. We use your information collected from the website to personalise your repeat visits to our website.

We will take cautionary measure to ensure we do not collect any personal data from you we do not need in order to provide and oversee the above services to you.

 

How long will we store your data?

If Energy Solutions provides any paid for services to you, we are required under UK tax law to keep your basic business or personal data (name, address, contact details) for a minimum of 6 years after which time it will be destroyed. Your information we use for marketing purposes will be kept with us until you notify us that you no longer wish to receive this information. 

 

Marketing

We would like to send you updates and information about products and services of ours and other companies which may be of interest to you. If you have consented to receive marketing, you may opt out at a later date. You have a right at any time to stop us from contacting you for marketing purposes. If you no longer wish to be contacted for marketing purposes please click here. We never sell or pass on your details to third parties.

 

What are your rights?

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the following address. 

Email: melanie.lay@energy-solutions.co.uk

Address: Energy Solutions, 52 - 54 Riverside, Sir Thomas Longley Road, Medway City Estate, Rochester, Kent, ME2 4DP, United Kingdom

We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.

 

Cookies

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity. For further information visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

 

Other websites

Our website contains links to other websites. This privacy policy only applies to this website so when you link to other websites you should read their own privacy policies.

 

Changes to our privacy policy

We keep our privacy policy under regular review and we will place any updates on this web page. This privacy policy was last updated on 23th May 2018.

 

How to contact us

Please contact us if you have any questions about our privacy policy or information we hold about you: 

Email: melanie.lay@energy-solutions.co.uk

Address: Energy Solutions, 52 - 54 Riverside, Sir Thomas Longley Road, Medway City Estate, Rochester, Kent, ME2 4DP, United Kingdom