Terms and Conditions (“Terms”)
Last updated: 24th August, 2022
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2.1 Who we are. We are Par Petroleum a company registered in England and Wales. Our company registration number is 02590491 and our registered office is at Par House, Lumley Sixth Pit, Woodstone Village, Houghton Le Spring, Tyne and Wear DH4 6DU. Our registered VAT number is GB 569 5754 79
2.2 How to contact us. You can contact us by telephoning our customer service team at 0191 385 8001 or by emailing us at or writing us at Par House, Woodstone Village Industrial Estate, Fencehouses, Houghton Le Spring, Tyne and Wear DH4 6DU.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us. We have referred to our contract as an agreement throughout these terms.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to the UK. Our website, https://www.par-petroleum.co.uk/, is solely for the promotion of our products in the United Kingdom. We deliver to addresses within the United Kingdom however, there may be some exclusions which will be made clear to you during the order process. Orders may be placed from outside the United Kingdom, but an order must be for delivery to an address in the United Kingdom.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only.
4.2 Making sure your measurements are accurate. If we are providing the product to volume/capacity that you have given us, you are responsible for ensuring that these measurements are correct.
4.3 Quotations for products. Any quotations provided by us for the products shall not constitute an offer. A quotation is valid until close of our business on the date in which we provide the quote to you.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7. Customer obligations
You shall adhere to and comply with the following obligations:
(a) ensure that the terms of your order are complete and accurate;
(b) co-operate with us in all matters relating to delivery of the goods and/or supply of the services;
(c) provide us, our employees, agents, consultants, and subcontractors, with access to the delivery premises and other facilities as we reasonably require;
(d) provide us with such information and materials as we may reasonably require to delivery the product goods and/or supply of the services and ensure that such information is complete and accurate in all material respects;
(e) prepare the delivery premises and equipment for delivery of the goods and/or supply of the services;
(f) inform us of any safety or operating problems relating to your storage tanks;
(g) ensure the storage tanks have sufficient storage capacity and that they are suitable to store the goods;
(h) ensure the storage tanks have a safe means to check the volume in the tank before delivery of the goods;
(i) ensure the tanks are clearly marked with a product name (grade), safe, working capacity and identification number;
(j) clearly identify to us any equipment that is out of service and seal such equipment ahead of delivery of the goods;
(k) comply with all health, safety and environmental laws relating to the storage and use of the goods and/or receiving of the services;
(l) obtain and maintain all necessary licences, permissions and consents which may be required for the acceptance of the goods and/or services;
(m) indicate to us the correct fill points for the storage tanks;
(n) be responsible for dipping, checking and testing the storage tanks; and
(o) comply with any additional obligations that are reasonably requested by us.
8. Providing the products
8.1 Delivery costs. The costs of delivery (if applicable) will be as displayed to you on our website or as discussed with you during the order process.
8.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services, we will also tell you during the order process when and how you can end the agreement.
8.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the agreement and receive a refund for any products you have paid for but not received.
8.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will contact you informing you of how to rearrange delivery.
8.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the agreement and clause 2 will apply.
8.6 If the delivery will be unsafe. If we deem that it would be unsafe to deliver the products to you at the delivery premises, we may suspend the delivery until we are reasonably satisfied that it would be safe to do so. If, despite our reasonable efforts, we are unable to make a safe delivery we may end the agreement and clause 2 will apply.
8.7 If you do not allow us access to provide the products. If you do not allow us access to your property to provide the products (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the agreement and clause 2 will apply.
8.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we unload the product to the address you gave us or you or a carrier organised by you collects the product from us.
8.9 When you own goods. You own the goods once we have received payment in full.
8.10 What will happen if you do not give required information to us. We require you to comply with the obligations set out at clause 7 so that we can supply the products to you. If you do not comply with such obligations, we may either end the agreement (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not complying with the obligations set out at clause 7.
8.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product notified by us to you (see clause 6).
8.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the agreement for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than twelve (12) weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the agreement.
8.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 2) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 15.4).
9.1 You can always end your agreement with us. Your rights when you end the agreement will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the agreement and whether you are a consumer or business customer:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the agreement (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13 if you are a consumer and clause 14 if you are a business;
(b) you are a consumer and wish to exercise your right to change your mind, see clause 4;
(c) if you want to end the agreement because of something we have done or have told you we are going to do, see clause 2; or
(d) in all other cases see clause 3.
9.2 Ending the agreement because of something we have done or are going to do. If you are ending the agreement for a reason set out at (a) to (e) below the agreement will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than twelve (12) weeks; or
(d) you have a legal right to end the agreement because of something we have done wrong.
9.3 Ending the agreement where we are not at fault. You can still end the agreement before it is completed, but you may have to pay us compensation. An agreement for goods is completed when the product is delivered and paid for. An agreement for services is completed when we have finished providing the services and you have paid for them. If you want to end an agreement before it is completed where we are not at fault, please contact us to let us know. The agreement will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the agreement.
9.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer and have purchased our products online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you have paid for, including the delivery costs. This is subject to some conditions set out below.
9.5 When you can’t change your mind. You can’t change your mind about an order for:
(a) services, once these have been completed;
(b) goods which have become mixed inseparably with other products after their delivery;
(c) goods that are made to your specifications; or
(d) products which have been unloaded into your storage tank.
9.6 The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:
(a) the day we deliver your product, if it is goods; or
(b) the day we confirm we have accepted your order, if it is a service.
9.8 You have to pay for services you received before you change your mind. If you bought a service, we don’t refund you for the time you were receiving it before you told us you’d changed your mind.
10.1 Tell us you want to end the agreement. To end the agreement with us, please let us know by calling our customer services on 0191 385 8001 or email us at . Please provide your name, delivery address, details of the order and, where available, your phone number and email address.
10.2 Returning products after ending the agreement. If you end the agreement for any reason after products have been dispatched to you or you have received them, you must return them to us. Please call customer services on 0191 385 8001 or email us at to arrange collection.
10.3 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.4 When your refund will be made. We will make any refunds due to you as soon as possible.
11.1 We may end the agreement if you break it. We may end the agreement for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not comply with your obligations as set out at clause 7;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
11.2 You must compensate us if you break the agreement. If we end the agreement in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the agreement.
13.1 If you are a consumer we honour our legal duty to supply products that are in conformity with this agreement. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
If your product is services, for example, the Consumer Rights Act 2015 says:
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
13.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. Please call customer services on 0191 385 8001 or by email us at . This must be done before the products are unloaded into your storage tank.
14.1 If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform with their description; and
(b) be free from material defects in material in line with the British Standards for the respective product ordered
14.2 Subject to clause 14.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
14.3 We will not be liable for a product’s failure to comply with the warranty in clause 1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any specification supplied by your;
(d) you alter the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, willful damage, negligence, abnormal conditions or an issue with your storage tank.
(f) Except as provided in this clause 14, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 1.
(g) These terms shall apply to any repaired or replacement products supplied by us under clause 2.
15.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
15.2 When you must pay and how you must pay. We accept payment with most credit and debit cards, by bank transfer and with cheques. You must pay each invoice prior to delivery. For our credit customers, each invoice must be paid within thirty (30) days of the date of the invoice. If we have agreed to an alternative payment plan, this must be confirmed in writing by us. All invoices must be paid in full and in cleared funds to our nominated bank account.
15.3 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of four (4) % a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us immediately to let us know.
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 1; and for defective products under the Consumer Protection Act 1987
16.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
16.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
17.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.2 Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
17.3 Subject to clause 17.1:
(a) 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 any indirect or consequential loss arising under or in connection with any agreement between us; and
(b) our total liability to you for all other losses arising under or in connection with any agreement between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such agreement.
How we will use your personal information. We will only use your personal information as set out in our www.par-petroleum.co.uk/privacy-policy/.
19.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
19.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 Nobody else has any rights under this agreement (except someone you pass your guarantee on to). This agreement is between you and us. No other person shall have any rights to enforce any of its term
19.4 If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
19.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
19.6 Which laws apply to this agreement and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
19.7 Which laws apply to this agreement and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with an agreement between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
If you have any questions about these Terms, please contact us.