1. Terms of website use

The information below (together with any documents referred to in it) explains the terms of use which will apply when you use our website, www.calor.co.uk (“our site”), Calor account online, whether as a guest or a registered user. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

Please read these terms of use and any documents referred to in these terms of use carefully before you start to use our site. We recommend that you print or save a copy of these terms of use for future reference.

2. Other applicable terms

These terms of use refer to the following additional terms which also apply to your use of our site:

(i) our privacy policy, found here, which sets out how we use personal information which you provide to us or which we otherwise collect from you. By using our site, you consent to such processing and you warrant that all the data provided by you is accurate;

(ii) our cookie policy, found here, which sets out information about the cookies used on our site; and

(iii) our acceptable use policy, found here, which sets out your permitted use of our site. You must comply with our acceptable use policy when using our site.

3. Information about us

This website is operated by Calor Gas Limited ("Calor/ Us / We"). We are registered in England and Wales under company number 00303703 and have our registered office at Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL. Our VAT number is 207610984.

We are members of the UKLPG, the national body for the LPG industry in the UK. Its website is 'www.uklpg.org'.

4. Accessing our website

Access to our site is made available free of charge and is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our site without notice (see further below).

We will not be liable if for any reason our site is unavailable at any time, and we reserve the right to restrict access to all or part of our website to registered users at our sole discretion.

You are responsible for making all arrangements necessary for you to access our site. You are also responsible for ensuring anyone accessing our site through your internet connection is aware of these terms, and that they comply with them.

5. Intellectual property rights

We are the owner or licensee of all intellectual property in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

All information presented, unless specifically indicated otherwise is under copyright to us or our licensors. Information is freely available for downloading and browsing but may not be altered, transmitted, distributed, reproduced, duplicated, copied, or re-sold without our prior written consent.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Reliance on Information Posted

Commentary and other materials posted on our site are not intended as advice on which reliance should be placed, but are provided for general information only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content of our site.

7. Accuracy of information

Our site contains information relating to us and our subsidiaries. All information or advice provided as part of our site is correct at the time of inclusion, but we make no representation or warranty as to the completeness, accuracy, currency, adequacy or suitability of that information. We are not liable for any action you may take, or for any loss or damage suffered, as a result of relying on such information or advice.

The information included in our site has been compiled from a variety of sources and is subject to change without notice. We recommend that you print these terms of use and keep a copy of these for your records.

8. Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

9. Availability of our site

Due to the nature of the internet, we cannot guarantee that our site will always be accessible. Our site may be unavailable or suspended to allow for repairs, maintenance or the introduction of new facilities or services.

10. Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation (and in particular if you are a business user) any liability for:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If you are a commercial user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you which will be set out in our shop terms and conditions (found here).

Nothing in these terms of use affects our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

11. Emails and Information sent to us

Any email or attachment sent to us will not be encrypted and we therefore do not accept any liability if emails sent by you are compromised (including, but not limited to, their security or confidentiality). We do not, to the extent permitted by law, accept any liability for any external compromise of security and/or confidentiality in relation to transmissions sent by email.

12. Information about you and your visits to our site

We process information about you in accordance with our privacy policy (found here). By using our site, you consent to such processing in accordance with our privacy policy and agree that all data provided by you is accurate.

13. Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

14. Username and password

If you use our site, you are responsible for keeping your username, password and any other identification code or login details confidential and for restricting access to your computer to prevent unauthorised access to your account. You must not disclose such information to any third party and you agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you have reason to believe that your password has become known to anyone else, or is likely to be used in an unauthorised manner.

Please ensure all details provided to us are accurate and complete. Inform us immediately of any changes to the information that you provided when registering.

We reserve the right to refuse access to the site, and to terminate accounts, remove or edit content at our discretion. We have the right to disable any username or password at any time if, in our opinion, you have failed to comply with any of these terms of use.

15. Linking to our site

You must not create links to any part of our site without our prior written permission. If you wish to request such permission, please email webmarketing@calor.co.uk . Linked web sites, whether permitted or not, do not have implied affiliation with our site. If we grant you permission to create links to any part of our site, the website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

16. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Jurisdiction and applicable law

These terms of use, their subject matter and formation (including any non contractual disputes and claims) are governed by English law.

If you are a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. However, if you are a resident of Scotland you may also bring proceedings in Scotland.

If you are a business, you and we both agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

18. Trademarks

“CALOR”; “LPGENIUS”; “CALOR GAS”; “CALOR BBQ GAS”; “THE THINK TANK”; and “GAS TRAC” are the registered trademarks of Calor Gas Limited.

19. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

20. Your concerns

If you have any concerns about material that appears on our site or questions in relation to these terms of use, please contact us by email at webmarketing@calor.co.uk.

Thank you for visiting our site.

1. The promoter of the offer is Calor Gas Limited (company number 00303703) (the “Promoter”) whose registered is at Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL. 2. The offer is available to new fuel switch domestic bulk gas account customers. 3. The offer is for fuel switch domestic bulk customers who sign-up to the Promoter’s 2 year Bulk Domestic Customer Supply Agreement and offers a one (1) year fixed price plan. The price will be fixed at the Promoter’s zonal rate applicable at the time of signing its Bulk Domestic Customer Supply Agreement. 4. At the end of the fixed one year period, the price will revert to the Promoter’s variable price for the remaining term of the Bulk Domestic Customer Supply Agreement.  5. The offer is only available if a domestic bulk gas account is set up by a Calor specialist following an appointment by the Promoter.  6. The closing date for the offer is 31ST March 2023 and all domestic bulk gas accounts must be set up by this date. 7. This offer cannot be used in conjunction with any other offer or promotion of the Promoter. 8. No cash alternative is available. 9. The Promoter reserves the right to amend these terms and conditions at any time without notice, if in its opinion, events or circumstances occur outside its control.  

SHOP TERMS AND CONDITIONS
Please read these terms and conditions carefully before ordering any products from our website as they affect your rights and liabilities under the law and set out the terms under which we make the products available to you.

1. INFORMATION ABOUT US
1.1. www.calor.co.uk is a website operated by Calor Gas Limited (“Calor/us/we”). We are registered in England and Wales under company number 00303703 and with our registered office at Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL. Our contact details in respect of Products ordered from our website are: Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL. Our e-mail address for general queries is shop@calor.co.uk . Our VAT number is GB 207 610 984.
1.2. Calor is a member of Liquid Gas UK, which is the national trade body for the LPG industry in the UK. Its website is at https://www.liquidgasuk.org/

2. SHOP TERMS & CONDITIONS
2.1. The information below (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products (including gas and other goods) (“Products”) listed on our website https://shop.calor.co.uk/all/gas-bottles.html (the “site”) to you (the “Shop Terms and Conditions”).
2.2. Your use of our Site and the contract formed by your placing orders through the site (the “Contract”) are subject to:
2.2.1. the general terms and conditions of the Site set out at: https://www.calor.co.uk/terms-and-conditions;
2.2.2. these Shop Terms and Conditions  
2.2.3. our Privacy Policy for customers, business partners and suppliers at: https://www.calor.co.uk/privacy, which set out how we use your personal information; 
2.2.4. if you require a cylinder and are not returning an empty cylinder to Calor, the terms of the Cylinder Refill Agreement available in the Cylinder Refill Agreement drop-down on the Site; and 
2.2.5. if you are using a Calor online account then any applicable supply agreement provided to you via the Calor online account,
2.3. By ordering any of our Products from our Site, you will be deemed to have accepted and be bound by these Shop Terms and Conditions. 
2.4. If you do not accept these Shop Terms and Conditions, you should not place an order for any Products from our Site.

3. » PRODUCTS
3.1. Images of Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. The packaging of Products may vary from that shown on images on our Site.

4. » YOUR STATUS
4.1. By placing an order through our site, you confirm and agree that:
(a)you are legally capable of entering into binding contracts (and if you are a business user, you confirm that you have the authority to bind any business on whose behalf you use our site to order Products);
(b)you are at least 18 years old;
(c)you are resident in mainland Great Britain, or are ordering to a location within mainland Great Britain; and
(d)you will abide by the “Using Calor Gas Cylinders Safely” instructions set out here
4.2. The Gas Safety (Installation and Use) Regulations 1998 require that any person carrying out any work in relation to a gas fitting must be competent to do so, and in most cases be Gas Safe registered. Certain like-for-like hose/regulator replacement activities do not require Gas Safe registration provided the person undertaking the work is competent, and it is undertaken in accordance with the manufacturer's instructions. Calor recommends that all gas work is undertaken by an LPG qualified Gas Safe registered installer. For further guidance, and a list of suitable Gas Safe registered installers in your area, please contact Gas Safe at: www.gassaferegister.co.uk  .

5. » HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1. Your order is an offer to buy from us. When you are placing an order, the following steps must take place before a Contract for the sale of Products is made between Calor and you in relation to your order:
(a)browse our site and add any items that you wish to buy to the shopping cart by clicking ‘Add to basket’. After you have finished your selection, click on ‘Proceed to Checkout’. You will be asked to complete your personal details, delivery details and method of payment (or if you already have an account with us, you will be asked to sign into your account);
(b)you begin to place your order for the Product(s) in your basket by pressing the “Pay Now” button, and then input your payment details at this point of the checkout process;
(c)before placing your order, the checkout process will give you the opportunity to review and, if necessary, to change your selection of Products and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process;
(d)before your order can be submitted, you will be asked to click to confirm that you accept our Shop Terms and Conditions. If you do not wish to be bound by what you read, you should not place any orders through our Site;
(e)once you have submitted your order, you will see an on-screen acknowledgement and you will receive an automatic e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 5.1(f) below; and
(f)unless we contact you to notify you that we do not accept your order, your order will be accepted by us when we despatch the Products to you. In addition to the rights set out in paragraph 7 below, you can cancel your order at any time before the Products are despatched (at no cost to you). You can log into your account and view orders placed at any time.
5.2. We take payment from your card when we have checked your card details and process your order.

6. » YOUR CYLINDER GAS SUPPLY
6.1. Where your order includes Cylinder Gas, you agree:
(a)that you are bound by a Cylinder Refill Agreement, the terms of which are available in the Cylinder Refill Agreement drop-down below. If you do not wish to be bound by the Cylinder Refill Agreement, then you should not place an order with us. You can cancel your order at the checkout stage;
(b)that you will comply with the “Using Calor Gas Cylinders Safely” instructions displayed here and provided to you on confirmation of your order;
(c)to notify Calor immediately of any defect or fault in or damage to the Cylinder or any failure in performance thereof; and
(d)to comply with all operating instructions and recommendations of Calor and with any statute, regulation, order, bye-law or code of practice for the time being in force relating to the storage or use of LPG .
6.2. Cylinders remain the property of Calor at all times and may only be filled by Calor.
6.3. In this paragraph 6, “Cylinder Gas” means Gas supplied in Cylinders, where “Cylinder” means a Calor cylinder and “Gas” means liquified petroleum gas (“LPG”) supplied by Calor to you either directly or via an authorised retailer of Calor.

7. » CANCELLATION OF A CONTRACT (IF YOU ARE A CONSUMER)
7.1. We believe you’ll be delighted with your purchase, but if you are a consumer and have purchased Product(s) online, you have rights under various legislation to cancel the Contract (including under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Sale of Goods Act 1979 and the Consumer Rights Act 2015 (in each case as amended, consolidated, re-enacted or replaced from time to time). We have set out these rights below for convenience. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards Office.
7.2. You have a right to cancel a Contract for any reason, including if you change your mind, until 23:59 on the 14th (fourteenth) day after the day on which you (or the person you have identified to take delivery of the Products) takes physical possession of the Product.
However, if you have ordered:
(a)more than one Product in a single order (for example, you have ordered Gas Cylinders as well as other Products), your legal right to cancel will not end until 23:59 on the 14th (fourteenth) day after the day on which we complete the delivery of the last of those Products or items; or
(b)a regular delivery of Products over a defined period (if applicable), your legal right to cancel will end at 23:59 on the 14th (fourteenth) day after the day on which we complete the delivery of the first of those Products.
7.3. You can tell us that you wish to cancel the Contract in the period set out in paragraph 7.2 by:
(a)sending us an e-mail to shop@calor.co.uk; 
(b)calling us on 0800 181 4512; or
(c)sending the cancellation form which appears at the bottom of these Shop Terms and Conditions to us either by email or post.
You have the right to cancel a Contract if the Product(s) are faulty or not as described.  
7.4. If the Products are not of satisfactory quality, fit for purpose (i.e. fit for the purpose for which it was intended to be used or a purpose made known to us in writing) or are not as described, you may either:
(a)reject the Products and claim a refund – you have a “short-term right to reject” the Product(s) and claim a refund within 30 days of delivery (see paragraph 7.5(b)); or
(b)request a repair or replacement of the Product(s) – if you request a repair or replacement, we will carry out the repair or replacement at no extra cost, within a reasonable time and without significant inconvenience to you. If you request a repair or replacement within 30 days of delivery, you have the remainder of the 30 days’ period (or 7 days if longer) to check whether the repair or replacement has been successful and to decide whether to reject the Products and claim a refund (see paragraph 7.5(b). Please note that in some circumstances it may not be possible to offer a repair or replacement.
7.5. If you request a repair or replacement as set out in paragraph 7.4(b), and the repaired or replacement Product(s) are not of satisfactory quality or fit for purpose as mentioned in paragraph 7.4, you may either:
(a) keep the Product(s) and claim a price reduction- please note that if you have had the Product(s) for more than 6 months, we may deduct a reasonable amount from the amount due to you; or
(b) reject the Product(s) and claim a refund– you then have a “final right” to reject the Product(s) and claim a refund (see paragraph 8.4.3 below).
7.6. The rights above do not affect your right to claim compensation for any losses you may have suffered as a result of the faulty Product(s).
7.7. Please note that we do not accept returns or provide refunds if a fault arises from fair wear and tear, wilful or accidental damage, negligence by you or a third party, abnormal or inappropriate storage or working conditions, failure to operate or use the Product(s) in accordance with the user instructions or unauthorised misuse or alteration of the Product(s) by you or a third party. Under no circumstances will we accept returns or provide refunds more than 6 years after the date of delivery.

8. » OUR RETURNS AND REFUNDS POLICY (IF YOU ARE A CONSUMER)
8.1. Returns and collection
8.1.1. If you cancel a Contract for any reason, or reject the Product(s) for being faulty, we will collect the Product(s) from you for free. We will telephone you (using the number you included in your order) to confirm certain details in order to arrange the collection. You will need to make the Product(s) available to us without undue delay and in any event not later than 14 days after the day on which you have given notice of your cancellation.
8.1.2. Please note that if your order includes Cylinder Gas, and you cancel the Contract, either under the fourteen-day period as set out in paragraph 7, or for any other reason (e.g. defective Products), the collection of the Cylinder will be at a different time, and possibly a different day, to the collection of any other Product(s) that you are returning.
8.1.3. If you cancel a Contract, all ancillary contracts you have entered into associated with the cancelled Products will be automatically cancelled (for example, the Calor Refill Agreement but subject to return of the Cylinder to Calor).
8.2. Refunds
8.2.1. We will make any refund due to you using the same method originally used by you to pay for your purchase. You will not incur any fees as a result of the reimbursement.
8.3. If you cancel the Contract within 14 days for any reason
8.3.1. If you cancel the Contract within 14 days for any reason (see paragraph 7.2), we will process the refund due to you as soon as possible and, in any case:
(a)if we have collected the Product(s) from you, no later than 14 days after the day on which you gave notice of your cancellation; and
(b)if we ask you to post the Product(s) back to us using the pre-paid envelope, no later than 14 days of us receiving either the Products or proof that they have been returned (whichever is the sooner).
8.3.2. We will refund the price that you paid for the Product in full, including any costs of standard delivery.  If you have selected a different delivery option, we will only refund up to the amount of our usual standard delivery costs. You should take reasonable care of the Product(s) while they are in your possession as we have the right to make a deduction from any refund due to you if the Product(s) are not returned in a reasonable condition. In particular, we reserve the right to deduct a sum from the refund of the price for the Product(s) to reflect the reduced value of the Product(s) if the Product(s) have been handled more than is necessary (i.e. in a way which would not be permitted in a shop).
8.4. If the Product is faulty or defective
8.4.1. If the Product is faulty or defective, you should contact us by sending us an email to shop@calor.co.uk or by telephone on 0800 1814512. If you contact us by email, our first action will be to call you on the phone number in your order to discuss the issue with you. We will examine the returned faulty or defective Product(s) and notify you within a reasonable time by telephone or by email if you are entitled to a refund. We will process the refund for defective or faulty Product(s) as soon as possible and in any event within 14 days of us agreeing that you are entitled to a refund.
8.4.2. If you exercise your “short-term right to reject” the faulty or defective Product(s) within 30 days of delivery (see paragraph 7.4), we will refund to you the full price of the faulty or defective Product(s) including any delivery changes. We may ask you for evidence that the defect or fault was there at the time of delivery or further information about the defect or fault.
8.4.3. If you exercise your “final right” to a refund (having requested a repair or replacement and this having been unsuccessful – see paragraph 7.5(b)):
(a) within 6 months of the date of delivery- we will refund to you the full price of the defective or faulty Product(s) including any delivery charges. In such circumstances we will assume the defect or fault was there as at the time of delivery unless it is obvious that this is not the case; or
(b) after 6 months from the date of delivery- we will refund to you the price of the defective or faulty Product(s) but this may be reduced to take into account any use you have had from the defective or faulty Product(s). In such circumstances we may require you to prove that the defect or fault was there at the time of delivery.

9. » AVAILABILITY AND DELIVERY
9.1. Products are subject to availability. In the event we are unable to supply the Products, for example because that Product is not in stock or no longer available, we will telephone or email you as soon as possible (and no more than 48 hours following receipt of your order) and we will not process your order. If possible, we will give you the option of continuing with your order with a longer delivery lead time or continuing with part of your order. A full refund will be given as soon as reasonably possible by the same method in which the payment was originally made, where you have already paid for any Product(s) which cannot be supplied.
9.2. Deliveries are restricted to mainland Great Britain. You may place an order for Product(s) from outside mainland Great Britain, but this order must be for delivery to an address in mainland Great Britain.
9.3. Our aim is to deliver the Products to you within the times displayed on the Site for the Product. If we cannot deliver the Products within the time shown, we will contact you by either telephone or e-mail to provide you with a revised estimate.
9.4. Products will be dispatched by one of our fulfilment agents or, in the case of Cylinder Gas, either by us or an authorised Calor Gas retailer.  Important: where your order is for more than one Product, please note that we use different fulfilment agents across our range of products. Due to the need to comply with health and safety legislation relating to the transport of gas cylinders, these may be delivered by a separate delivery vehicle therefore, we are unable to guarantee that all the items in your order will be delivered at the same time, or on the same day.
9.5. Time for delivery shall not be of the essence. This shall not affect any rights which you may have as a consumer.
9.6. Delivery will be made to the address specified by you when you place your order. This must be an address within mainland Great Britain. Please note that for safety reasons, deliveries are not made to flats which are above four stories and we do not deliver to basement storeys in any circumstances. Please note that deliveries to flats of up to four stories are only permitted if the flats are of traditional build (to be determined in our reasonable opinion). Without affecting any other rights which we may have we will cancel the Contract if the delivery address is to a flat above four stories or is of non-traditional build, or to a basement storey.
9.7. You must ensure that someone is available to take delivery of the Products (see paragraph 9.4 above about multiple deliveries). You must also ensure that suitable access is available for the purpose of delivery of the Products. If you fail to take delivery of the Products or fail to ensure that suitable access is available for the purpose of the delivery then we will attempt to redeliver the Products at another time.
9.8. It is your responsibility to arrange inspection of the Products immediately upon delivery. You will be required to confirm receipt of the Products by signing a delivery note when taking delivery. However, your inspection of the Products and your confirmation of receipt does not affect any rights you may have if the Products are defective on delivery.
9.9. Any delivery charges will be clearly marked on our Site and at the checkout and added to your order.

10. » RISK AND TITLE
10.1. The Products will be at your risk and responsibility from the time of delivery. Delivery will be completed when we deliver the Products to the address you gave us and you (or a person you have identified) have taken physical possession of the Products.
10.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges, but note that ownership of Cylinders always remains with Calor – see paragraph 6.2.

11. » PRICE AND PAYMENT
11.1. The price of any Products will be as quoted on our Site. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered on the system. However, if we discover an error in the price of Product(s) you ordered, please see paragraph 11.5 below.
11.2. Prices on our Site include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.3. Prices of Products quoted on our Site do not include delivery charges or any cylinder refill. Our delivery charges and cylinder refills are as set out on our Site from time to time.
11.4. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already despatched the Products.
11.5. Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that:
(a)where a Product's correct price is less than the price stated on our Site at the time you placed your order, we will charge the lower amount when dispatching the Product to you.
(b)if a Product’s correct price is higher than the price stated on our Site at the time you placed your order, we do not have to provide the Product(s) to you at the incorrect (lower) price as the Contract between us will not yet have been formed. We will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct (higher) price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11.6. Payment for all Products must be by either Apple Pay, Google Pay or credit or debit card (excluding American Express) and in pounds sterling only. We accept payment from all major credit and debit cards providers. When placing an order, you confirm that the form of payment you use to make payment to us is yours and that you have authority to place the order.
11.7. We use Stripe to protect your credit or debit card information and ensure your security. We only see the last four digits of your credit/debit card information. When the order is processed it will be encrypted and processed by Stripe. 

12. » PRODUCT SPECIFICATION
12.1. Sometimes the Product specifications from the manufacturer may change, in which case we will contact you to ask for your instructions and ask you if you would like a substitute of the same or better quality at the same price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12.2. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

13. » OUR LIABILITY
13.1. Wherever possible, we will pass on the benefit of any manufacturer’s warranty to you. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13.2. This paragraph 13.2 only applies if you are a consumer.
13.2.1 If you are a consumer, subject to paragraph 13.2.3, we are responsible for losses you suffer as a result of us breaching these Shop Terms and Conditions or for our negligence if the losses are a foreseeable consequence of our breach or negligence. Losses are foreseeable where they could be contemplated by you and us at the time Calor and you entered into the Contract. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13.2.2 If you are a consumer, nothing in these Shop Terms and Conditions excludes or limits in any way our liability:
(a)for death or personal injury caused by our negligence;
(b)for defective products under the Consumer Protection Act 1987;
(c)for fraud or fraudulent misrepresentation;
(d)for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(e)for breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(f)for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Where you are contracting as a consumer, no provision of these Shop Terms and Conditions will affect your statutory rights.
13.2.3 Subject to paragraph 13.2.2 above. our total aggregate liability to you under or in connection with the Contract for all claims whether in contract, tort or otherwise, shall not exceed the amount you have paid for the Products.
13.3. This paragraph 13.3 only applies if you are a business user.
13.3.1 If you are a business user, we only supply the Products for internal use by your business and you agree not to use the Product for any resale purposes. Subject to the provisions in the below paragraph, if you are a business user, we shall not be liable to you in connection with any Contract for any:
(a)loss of income;
(b)loss of revenue;
(c)loss of profit;
(d)loss of data;
(e)loss of opportunity;
(f)loss of contracts;
(g)damages arising from any breach of a customer contract; or
(h)waste of management or office time;
(i)loss of goodwill or reputation; or
(j)indirect or consequential losses or special or exemplary damages, however arising and whether caused by breach of contract, negligence or otherwise.

13.3.2 If you are a business user, nothing in these Shop Terms and Conditions excludes or limits in any way our liability:
(a)for death or personal injury caused by our negligence;
(b)for fraud or fraudulent misrepresentation;
(c)for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
(d)for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

13.3.3 Subject to paragraph 13.3.2 above, our total aggregate liability to you under or in connection with the Contract for all claims whether in contract, tort or otherwise, shall not exceed the amount you have paid for the Products.
13.4 Except as expressly stated in these Shop Terms and Conditions, in relation to business users we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. » WRITTEN COMMUNICATIONS AND NOTICES
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.2. All notices given by you to us in accordance with these terms must be emailed to us at shop@calor.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above (although communications related to your order will not be via notices on our website).
14.3. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. » TRANSFER OF RIGHTS AND OBLIGATIONS
15.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. However, we will not withhold our consent without good reason.
15.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract but this will not affect your rights or our obligations under the Contract. However, we would notify you of any such action and, if the Contract has yet to be performed by us, you would have the right to cancel the Contract.

16. » EVENTS OUTSIDE OUR CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
16.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)strikes, lock-outs or other industrial action;
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e)impossibility of the use of public or private telecommunications networks; or
(f)the acts, decrees, legislation, regulations or restrictions of any government.
16.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.4. In the event that a Force Majeure Event continues for a period of 30 days or longer, you shall have a right to cancel a Contract. To cancel a Contract, you must inform us by calling us on 0800 181 4512. We will process any refund due to you as soon as possible.

17. » TERMINATION
17.1. We may end a Contract by notice to you in writing (such notice to have immediate effect), without affecting any other rights which we may have if:-
(a)except in the case of a genuine dispute, you have failed to pay any amount which you owe us under this Contract; or
(b)you commit any material breach of the terms and conditions of this Contract.

18. » DATA PROTECTION
18.1. We will use the personal data that you provide to us as part of your order, or during subsequent correspondence or communications, for the purpose of processing your order and managing your account and in accordance with our privacy policy at: https://www.calor.co.uk/privacy. Also, if you agree, by ticking the box where prompted on the order form, we (or one of our group companies) may send you e-mails with details of other products or services we think may be of interest to you. However, you can opt out of receiving further marketing at any time by using the opt-out function in any e-mail you receive from us, or by contacting us at shop@calor.co.uk. We will not share your personal data for marketing purposes with companies outside the Calor group.
18.2. When you visit our website we issue a “cookie” that allows us to identify your computer. The cookie contains information that allows customers to navigate through the Site. This information is removed from the cookie at the end of the checkout process. Navigational information may be used to monitor customer traffic patterns, website usage and help us develop the design and layout of our website. Please see our cookies policy for further details on how we use cookies (http://www.calor.co.uk/cookies). For further information about cookies, 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, some of our website features may not function as a result.

19. » WAIVER
19.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Shop Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

20. » SEVERABILITY
If any of these Shop Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. » ENTIRE AGREEMENT
This paragraph only applies if you are a business user.
Without prejudice to any other contract you have entered into with us, these Shop Terms and Conditions and any document expressly referred to in them (which includes, for the avoidance of doubt and where applicable, the Cylinder Refill Agreement) represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty that is not set out in these Shop Terms and Conditions.
22. » OUR RIGHT TO VARY THESE SHOP TERMS AND CONDITIONS
22.1. We have the right to revise and amend these Shop Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
22.2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Shop Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Shop Terms and Conditions before we despatch the Products (in which case we will assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).

23. THIRD PARTY RIGHTS
23.1. A person who is not a party to a Contract shall not have any rights under or in connection with it under the Contract (Rights of Third Parties) Act 1999.

24. » LAW AND JURISDICTION
24.1. Contracts for the purchase of Products through our Site will be governed by English law.
24.2. If you are a consumer, we and you both agree that any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. However, if you are a resident in Scotland, you may also bring proceedings in Scotland.
24.3. If you are a business user, we and you both agree that any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

25. » CONTACT INFORMATION
If you wish to contact us for any reason, including because you have a complaint, you can contact us by calling 0800 181 4512, emailing us at shop@calor.co.uk or writing to us at Calor Gas, Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL.
IF YOU ARE A CONSUMER who has purchased a Product through our online shop and we have not resolved your complaint to your satisfaction, you may be able to refer your complaint to an approved Alternative Dispute Resolution (“ADR”) body. An ADR body relevant to goods and services provided by Calor is The Consumer Ombudsman. The Consumer Ombudsman is a free and independent service for consumers to resolve disputes which can be accessed at http://www.consumer-ombudsman.org/. Or you may wish to raise a complaint via the Online Dispute Resolution (“ODR”) platform. You can access the ODR platform at http://ec.europa.eu/odr.
Please note that Calor is not a member of The Consumer Ombudsman and it is not obliged to use any ADR service.
Suggested Cancellation Form:
In accordance with paragraph 7 of these Shop Terms and Conditions, as a consumer you may (but are not obliged to), within 14 days of the delivery of the Product ordered, use the form below to cancel your order for one or more Products. If you would like to use this form, please complete the form and send it to us by email to shop@calor.co.uk and/or post to the address set out below.
The cancellation notice is deemed to be served as soon as it is posted or, in the case of email, from the day it is emailed to us.
----------------------------------------------------------------------------------------------------
Date of posting:
To: Calor Gas Limited, Athena House, Athena Drive, Tachbrook Park, Warwick, CV34 6RL. 
I/We hereby give notice that I/we wish to cancel my/our Contract for the purchase of the following Product(s):
 ……………………………………………………………….
ordered on / received on: ……………………………………………………………….
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
Date:

In these conditions, “Company” means Calor Gas Limited, and “CALOR Outlet” means any CALOR Centers, Dealers, Retailers, Stockists or other supply points approved by the Company. “CALOR” is the Registered Trademark of Calor Gas Limited. “Refill Agreement Charge” means the Refill Agreement Charge included in your order or where you are exchanging a cylinder this refers to the charge previously paid for the first issue of the cylinder(s). “User” means the customer named on the online order form who is party to a Cylinder Refill Agreement (“the Agreement”).

1. Purpose of the Refill Agreement Charge

In consideration for the Refill Agreement Charge, the Company agrees to refill the Calor Cylinder(s) (“Cylinder(s)”) included in your order with supplies of CALOR gas (“Gas”) during the currency of this Agreement. The Company will fulfill its obligation to refill the Cylinder by providing the User with a pre-filled Cylinder in exchange for the empty Cylinder, but reserves the right to refill the Cylinder by any other means. A Cylinder(s) can only be exchanged for a similar replacement refill Cylinder(s) within the same category as the current Cylinder(s), otherwise a new Agreement is required. Please see our exchange policy for further details about exchanging Cylinder(s).

2. Future supplies of Gas

In entering into this Agreement the User also understands that he/she will pay additional sums at the prevailing rate for the Gas contained in the Cylinder and for all future supplies of Gas as and when the Cylinder is refilled in accordance with paragraph 1.

3. Cylinders remain the property of the Company at all times and may only be filled by the Company

The company makes the cylinder(s) available to the user as a means of safely transporting and storing the gas supplied. This agreement is not a rental agreement and it does not provide the user with title in the cylinder. The user will not part with possession or control of the cylinder(s) (other than to a CALOR outlet) nor claim to have any rights that conflict with this agreement, nor create or purport or attempt to create any agency or bailment in relation to the cylinder(s) or to the user’s obligations.

4. Use of Cylinders

Cylinders may be used only as a container for Gas and not be sold, exchanged (other than for the Purpose of the Agreement), hired, assigned, transferred, mortgaged, lent, abandoned, nor damaged, decanted, filled or tampered with.

5. The Company’s rights over the Cylinders

The User is liable for the safe storage and use of Cylinder(s) and the safety of any equipment used with them but the Company may inspect or test Cylinder(s) and any fittings used with them at any time and remove and replace Cylinder(s) if defective, or for any other reason, but without the Company being under any obligation to do so. In any case of wilful damage or breach of this Agreement the Company may repossess Cylinder(s) immediately and the User by entering into this Agreement irrevocably authorises the Company or their agent to enter on the User’s property for these purposes and in that event this Agreement is terminated. The Company may charge the User for loss of use of a Cylinder, in the event of loss or damage to the Cylinder but this charge shall not give the User any rights in the Cylinder. Unless the Company, at its discretion, decides otherwise, the User will forfeit any rights or benefits conferred upon this by this Agreement.

6. Statutory obligations

The Company will comply with all statutory and appropriate Code of Practice requirements in respect of Cylinders but this shall not mean that the Company has any obligation to maintain in good condition Cylinders which ate in the User’s possession.

7. Termination by the User

This agreement remains in force for 50 years. The User may terminate this agreement by returning the Cylinder(s) in good order to a CALOR outlet nominated for this purpose and shall be entitled on presenting this agreement to a refund of a proportion of the Refill Agreement Charge as follows:

Number of years from date of this agreement within which a Cylinder is returned (and not exchanged for a replacement Cylinder).	1	2
Percentage of Refill Agreement Charge charged on this agreement which will be refunded:	50%	25%

All Cylinders remain the property of Calor and should be returned to a CALOR outlet when no longer required. Notwithstanding the table above, Calor may from time to time offer a discretionary payment for Cylinders returned after the 2-year period for up to a maximum of 5 Cylinders per annum. The User should contact their CALOR outlet for more information.

 

8. Termination by the Company

This Agreement may be terminated by the Company in the event of any act of insolvency or breach of this Agreement on the part of the User.

9. Delivery

Where a Cylinder is to be delivered to the User the Company may use an agent for this purpose.

10. Other

This Agreement is governed by and constructed in accordance with English Law. VAT and any other applicable taxes will be charged at the appropriate rates.

9.1.1         If you are leaving your Address: At any time if you are vacating your Address or if you are moving home, by you giving us at least one month’s notice in writing (see clause 11.2 below for how to do this). If you are selling your house you should advise your solicitor of the existence of this Agreement. He will need to tell your buyer’s solicitor and, if a leasehold, your landlord’s solicitor of our ownership of the Cylinders and Equipment and your ownership of the Gas in the Cylinders. If you are selling your house yourself without using a solicitor, you will need to put all of this information into the appropriate forms.

9.1.2         Termination at or after the end of the Minimum Period:

This Agreement may be terminated by either of us giving the other 42 days’ notice in the way described in clause 11.2 below to expire at or after the end of the Minimum Period. Accordingly, if you wish to end this Agreement at the end of the Minimum Period we should receive your notification 42 days before that.

9.1.3         Termination for breach:

This Agreement may be terminated immediately by us by  written notice if any payment by you is not made 28 days after it has become due under clauses 3.4 or 7 above or if you fail to observe any important term or obligation of this Agreement which significantly affects our relationship. You may terminate this Agreement by written notice if we are in fundamental breach of the terms of this Agreement. If you terminate this Agreement before the end of the Minimum Period other than (i) under clause 9.1.1 above, or (ii) under clause 13 (events beyond the control of either of us) below, or (iii) for our fundamental breach, we reserve the right to recover from you, as well as any other amounts you may owe us for Gas, Standing Charges, interest, initial charges as set out on page 1, or any special offers given to you at the start date of this Agreement, installation costs not already paid by you and any administration costs we have incurred (not exceeding £30) in addition to our right to remove our Cylinders and Equipment under clause 9.2 below and to charge you the uplift charges under clause 9.3 below. If we terminate this Agreement under this clause 9.1.3, in addition to those matters referred to in the above paragraph we also reserve such other rights as we may have against you for breach of your contract with us, such as (but not limited to) the cost of any damage to our Cylinders and Equipment.

9.1.4         Events beyond the control of either of us:

This Agreement may be terminated by either of us in the circumstances set out in clause 13 below. In that event, the uplift charges set out in clause 9.3 below will not apply.

9.2       Arrangements on Termination

On termination of this Agreement we have the right to remove our Cylinders and Equipment from your Address. You will allow us or our agent access at any reasonable time to carry out this work.

9.3       Uplift Charges

Where applicable, the cost of uplifting the Cylinders and Equipment is £100 + VAT. Whilst we will take care at your Address we will not be liable for any damage or disturbance caused by such works. We reserve the right to increase the above charges by an amount not exceeding the rate of increase (if any) in the Retail Prices Index.When the Cylinders are uplifted we will not credit you for any Gas contained therein.We will invoice you and you will become liable for the uplift charge forthwith.

10.     Use of Personal Information

10.1      Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and agents or may be given to and used by other companies in our group to identify you when contacting us by telephone, fax, e-mail or via the internet to help administer accounts and manage services and products provided by us now or in the future and keep you informed about other services and products offered by us and selected third parties (to whom no personal data will be disclosed). If you prefer not to receive such information please write to us.

10.2      We may carry out a credit check for the purposes of this Agreement with one or more licensed credit reference agencies and they will retain a record of the search. Payment details of your account will be recorded with a credit reference agency and may be shared with other organisations to assess further applications by you and members of your household, and also for occasional debt tracing and fraud prevention. This includes tracing those who have moved house and are in default. You can write to us and request a copy of the personal data held about you upon payment of a fee within the limits set by the Data Protection Act 1998. If any data is incorrect you may request rectification.

11.     Assignment, Ownership and Notices

11.1      We may assign all or any of our rights and obligations under this Agreement to another person at any time. Your new Gas supplier will acquire the rights and assume the obligations as if it had been the original party to this Agreement with you. We will be released from all our obligations under this Agreement and, from then on, your dealings will be with the new supplier. All the terms of this Agreement will therefore continue to apply between you and the new supplier, including your rights to terminate under clauses 7.2 and 9.1 above. This Agreement is not assignable by you without our prior written consent, which will not be unreasonably withheld.

11.2      Notices given to us under this Agreement shall be either in writing and sent by    first class post to: Calor Gas Limited, Athena House, Athena  Drive, Tachbrook Park, Warwick, CV34 6RL, marked for the attention of the Customer Services Department or by fax to the same address on 0870 400 6900 or you may e-mail  us on account_enquiries@calor.co.uk in each case marked for the attention of the Customer Services Department. In cases of electronic notice proof of delivery and authenticity shall be a transmission report.

11.3      Where you have entered your email address on page 1 and have ticked the box to opt into this arrangement, you agree that we may contact you and manage your account by email, and that you may access and check your account online.

12.     Waiver

If we fail to enforce any of the conditions of this Agreement at any time this will not be taken as a precedent stopping us from enforcing those conditions at any subsequent time.

13.     Events Beyond Your or Our Control

Neither we nor you will be liable for failing to carry out any of the terms of this Agreement to the extent that we cannot do so because of circumstances beyond   our control. However, we must each use all reasonable efforts to bring an end to such circumstances as soon as possible. If such circumstances continue for a period longer than three months, then whichever party is not affected by the circumstances may terminate this Agreement by giving one month’s notice in writing.

1. A telemetry unit will need to be installed by Calor, for the purpose of enabling Calor to remotely measure the quantity of LPG contained within the bulk tank(s) and schedule deliveries accordingly.
2. Subject to the telemetry unit being able to receive signal.
3. A Gas Supply Agreement is required.
   

What is telemetry?

Our smart telemetry system monitors the levels of gas left in your bulk tank(s) and automatically tells us when a top-up is needed.

The list of installers provided by Calor Gas Limited (“Calor”) on the Installer Finder Tool is not exhaustive and other installers may be available. Each installer referenced is independent from Calor, and Calor cannot accept responsibility for the workmanship of any installer. Any work undertaken represents an agreement between the installer and the customer, and Calor shall not be involved to any extent. The terms and guarantees relating to any product purchased by the customer from Calor shall remain independent from Calor's Installer Finder.

These Conditions apply to all purchases made by Calor under an Order, save where Calor and the Supplier have entered into a separate written agreement with respect to the supply of such products and/or services which are the subject of an Order and such agreement has been signed by duly authorised representatives of Calor and the Supplier (in which event such written agreement shall take precedence over these Conditions). 

1. DEFINITIONS AND INTERPRETATION
1.1 Except as otherwise stated in these Conditions or required by their context:
(a)references to statutory provisions are to those provisions as in force from time to time; 
(b)the words including, include, in particular, or any similar terms shall be construed as illustrative only and shall not limit the sense of the words preceding those terms; 
(c)headings to Conditions are for ease of reference only.
1.2 In these Conditions:
Affiliate(s) means any other legal entity that, directly or indirectly through one or more intermediaries, Controls, is Controlled by, or is under common Control with Calor;       
Background IP means the Intellectual Property Rights of either Calor or the Supplier which are in existence prior to the Order or which are developed by either party independently of the Order;
Calor means Calor Gas Limited and its Affiliates and their successor or assigns from time to time;
Calor Materials means all Calor data, materials, documents, pictures, photographs, graphics, artwork, equipment and tools, drawings, specifications or other outputs of any kind supplied by Calor to the Supplier in connection with an Order;
Conditions means these terms and conditions;
Control means the ability of a person to direct or cause the direction of the management and policy of another person whether through ownership of the voting rights in securities or capital stocks or assets, by contract or otherwise and Controlled shall be read accordingly;
Data Controller and Data Processor have the meanings set out in the applicable Data Protection Laws; 
Data Protection Laws means the UK Data Protection Legislation and any other  applicable law or regulations in any relevant jurisdiction relating to the privacy, use or processing of personal data in force from time to time (including the EU GDPR); and any guidance, codes of practice or opinions issued or recognised by the relevant data protection or supervisory authority and applicable to a party, in each case as updated, amended or replaced from time to time;
Employment Taxes means income tax, national insurance contributions and any other liability, deduction, levy including without limitation any apprenticeship levy, arising from or made in connection with the performance of the Services;
EU GDPR means the European General Data Protection Regulation (Regulation (EU) 2016/679); Force Majeure means the occurrence of any event beyond the reasonable control of a party which directly causes that party to be unable to comply with all or a material part of its obligations under an Order provided that a circumstance beyond the Supplier’s reasonable control shall not include any cause which: (i) is attributable to the Supplier’s wilful act, omission or negligence;  (ii) merely increases the Supplier’s cost of performing its obligations; (iii) is attributable to any industrial dispute relating to the Supplier or its personnel; or (iv) is attributable to any analogous failure in the Supplier’s supply chain;
Intellectual Property Rights means all rights in patents, trademarks, service marks, copyrights, moral right, design rights, software or database rights, and rights in know how or any other intellectual property right of whatever nature subsisting in any part of the world;
IR35 means the intermediaries legislation known as IR35 concerning off payroll working which as at the date of these Conditions is set out in Chapters 8 and 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (as may be amended from time to time) and any other legislation or secondary legislation dealing with the tax and national insurance contributions treatment of workers whose services are provided via intermediaries;
Labour Supply Chain means the Supplier’s supply chain as it relates to the provision of labour or personnel to assist in the provision of the Services and includes without limitation all subcontractors at any level or tier of that supply chain, whether or not there is a formal contract in place in respect of such assistance;
Order means the purchase order issued by Calor to the Supplier for the purchase of the Products and/or Services, which order shall include these Conditions and any specification for the Products or Services which Calor and the Supplier have agreed in writing shall be incorporated into the order;
Personal Data has the meaning set out in the applicable Data Protection Laws;
Prices means the prices to be charged for Products or Services set out in the Order;
Process, Processing, Processed has the meaning set out in applicable Data Protection Laws;
Products means the Products as set out in the Order;
Services means the Services as set out in the Order;
Supplier means the party appointed by Calor to supply the Products and/or Services as set out in the Order;
Tax Authority means HMRC and/or any court, tribunal or other competent tax authority;
UK Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018; the UK GDPR; and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; and UK GDPR has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
2. AGREEMENT
2.1Save where Calor and the Supplier have entered into a separate written agreement with respect to the supply of such products and/or services which are the subject of an Order and such agreement has been signed by duly authorised representatives of Calor and the Supplier (in which event such written agreement shall take precedence over these Conditions), the Supplier agrees that these Conditions contain the only terms upon which Calor is prepared to contract for the purchase of Products and/or Services. 
2.2 These Conditions shall govern the Order to the entire exclusion of all other terms or conditions. The Supplier irrevocably waives its rights under the provisions of any of its standard terms and conditions whether contained or referred to in any quotation, acknowledgement or acceptance of order, specification, delivery note, invoice or other similar document. 
2.3 Any delivery of Products or commencement of performance of Services shall be deemed to constitute acceptance of an Order under these Conditions. 
2.4Calor reserves the right to cancel an Order (in whole or in part) if it has not been accepted in writing within 14 days of issue.
2.5Calor’s appointment of the Supplier is non-exclusive and nothing in these Conditions or the Order shall oblige Calor to purchase Products and/or Services exclusively from the Supplier and, unless expressly stated in the Order, there are no quantities of Product or Services committed to be purchased by Calor in terms of either product items or value.
2.6 Orders are placed in reliance upon such samples, tenders, quotations, drawings, illustrations, photographs, plans etc. as have been provided by the Supplier. These, together with any weights, measurements, powers, capacities, times, and other particulars provided, are therefore an essential term of the Order and the Supplier accepts full responsibility for deviations from them, except where such deviations are minor and immaterial, or where deviations are due to inaccurate information or particulars provided by Calor.
3. PERFORMANCE OF SERVICES
3.1 The Supplier warrants undertakes and represents that:
(a)Services will be carried out by appropriately qualified and trained personnel using all reasonable skill and care and to such high standard of quality as is reasonable for Calor to expect in all the circumstances;
(b)Services will be performed using first class materials suitable in all respects for their purposes; and
(c)the Services will be performed in accordance with their specifications, the service levels and other performance metrics, and the timescales and dates set out in the Order and time shall be of the essence in performance of the Services. 
3.2 If any Services are not performed or accepted by their due date, or fail to comply with the provisions of the Order by reason of (without limitation) their quality, quantity or otherwise, then Calor may, at its sole discretion, cancel the relevant Order in whole or in part, and: 
(a)direct the Supplier to, whereupon the Supplier shall immediately, re-perform or rectify performance of such Services, so that they comply with the terms of the relevant Order; or
(b)purchase equivalent Services from another supplier and recover from the Supplier any additional costs incurred by Calor in obtaining such equivalent Services from that other supplier. 
3.3 This Condition shall apply to Services re-performed or rectified as it does to Services as originally performed. 
3.4 The Supplier will be responsible for providing all facilities, labour, materials, tools, equipment and for provision and supervision of all personnel necessary for performance of the Services.
3.5 The Supplier shall procure that personnel performing Services while on Calor premises shall observe all site rules and regulations applicable to such premises and notified to the Supplier and the Supplier indemnifies Calor against all claims and liabilities arising from any failure by such personnel to observe such rules and regulations. The Supplier shall remove from performance of the Services at Calor’s request any of its personnel failing to observe such rules and regulations.
3.6 Any Services performed by the Supplier shall not be deemed to have been completed unless Calor has agreed in writing that the Services have been performed or provided in full and in accordance with the terms of these Conditions (“Completion”). Should Calor consider that any Services have not been Completed it shall notify the Supplier with reasons and the Supplier shall perform such further services or make such modifications as are necessary to complete the Services.
4. SPECIFICATION OF PRODUCTS
4.1 The Products shall conform in all respects with the Order and with any representations previously made by or on behalf of the Supplier. 
4.2The Supplier warrants, undertakes and represents that:
(a)all usual precautions have been and will be taken to secure excellence of materials, equipment and workmanship, and that the Products are free from defects in design, material and workmanship and free of any charge or encumbrance;
(b)Products shall in all respects be in accordance with all samples, patterns, descriptions and specifications agreed between the Supplier and Calor or specified in the Order;
(c)the Supplier is aware of the use for the Products intended by Calor and the Products shall be of satisfactory quality and fit for their purpose;
(d)Products shall comply in design, construction and quality with all relevant industry codes of practice (including national and EU standard specifications) and all other regulations or legislation affecting the Products in any territory notified to the Supplier by Calor or in which the Products are to be delivered or used; 
(e)where Calor has previously issued an approval certificate for goods and/or appliances of the type to be supplied hereunder the Products supplied hereunder will be identical in all respects with the goods and/or appliances for which the certificate was given; 
(f)in the case of cylinders and pressure vessels intended for the purpose of containing liquefied petroleum gases, that they shall comply with all laws, statutes and regulations in force for the time being and also the recommendations of Liquid Gas UK and, in particular, will comply in all respects with the details set out in the specifications provided by Calor; and
(g)the Products will not infringe any Intellectual Property Rights of a third party or rights of any third party in confidential information.
4.3 The Supplier warrants, undertakes and represents that any documents relating to the Products delivered to Calor are valid and that the information contained in such documents is true, accurate and not misleading.
4.4 The Supplier shall use its best endeavours to assign to Calor the benefit of any third party manufacturer’s warranties, guarantees or similar rights that may apply to the Products.
5. DELIVERY OF PRODUCTS
5.1 The Supplier shall deliver the Products by the date and time stipulated in the Order. Time shall be of the essence in delivery of the Products and the Supplier will accept full responsibility for any delay beyond the time specified for delivery in the Order.
5.2 The Supplier shall ensure that each delivery is accompanied by a delivery note which shows, inter alia, the Order number, date of the Order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered.
5.3 Unless otherwise stipulated by Calor in the Order, deliveries shall only be accepted by Calor in normal business hours.
5.4If any Products are not delivered on or accepted by the due date, or fail to comply with the provisions of the Order by reason of (without limitation) their quality, quantity or otherwise, or are delivered in error then Calor may, at its sole discretion reject such Products, cancel the Order in whole or in part, and: 
(a)return at the Supplier’s risk and expense the Products or any instalment and immediately upon such return the Supplier shall refund to Calor any monies paid in respect of such Products; or
(b)direct the Supplier to, whereupon the Supplier shall immediately, replace, repair or rectify such Products, so that they comply with the terms of the relevant Order; or
(c)purchase equivalent Products from another supplier and recover from the Supplier any additional costs incurred by Calor in obtaining such equivalent Products from that other supplier. 
5.5 The provisions of this Condition shall apply to Products repaired and replaced as they do to Products as originally supplied. 
5.6 The making of any prior payment shall not prejudice Calor’s rights under these Conditions, including the right to reject any of the Products and/or Services.
5.7 Any carrier appointed by the Supplier in connection with the Order shall be deemed to be the Supplier’s agent and not that of Calor. Where Products upon delivery are found to be damaged or defective, in any way, the Supplier accepts full responsibility therefore so long as a claim is made in writing within a reasonable time; the Supplier will also accept responsibility for losses in transit, but in each case Calor will provide all reasonable assistance with respect to the return of damaged goods and making claims upon carriers.
5.8The Supplier shall: 
(a)comply with any standing instructions or policies of Calor in respect of the making of deliveries; 
(b)deliver or procure delivery of Product using well-maintained, suitable and roadworthy vehicles complying with all relevant legal requirements;
(c)warrant, undertake and represent that the labelling and packaging of the Products complies with all laws and other legal requirements of all countries where the Products are supplied to Calor; and
(d)supply with the Products all written instructions, information and warnings relating to the Products necessary for their safe use or for Calor to comply with any obligation it may have under statute or otherwise.
6. RISK/PROPERTY
6.1Subject to Condition 6.2, risk of loss or damage in the Products and title to the Products shall transfer from the Supplier to Calor on delivery of the Products, notwithstanding any attempt by the Supplier to transfer risk at an earlier date or any purported retention of title by the Supplier until some later date. 
6.2Where Products are subject to acceptance testing or other processes establishing when Products are or are deemed to be accepted set out in an Order, risk in and title to such Products shall pass to Calor on acceptance unless the Order otherwise provides.
7. PRICES AND PAYMENT
7.1 Unless otherwise expressly stated in the Order Prices are fixed and as set out in the Order and, unless otherwise agreed in writing by Calor, shall be exclusive of value added tax (“VAT”) but inclusive of all other charges (including any charges for packaging, shipping, carriage, insurance or delivery of the Products). No variation in the price nor extra charges will be accepted by Calor.
7.2 The Supplier shall ensure that each of its invoices include all supporting information required by Calor to verify the accuracy of the invoice, including but not limited to: (i) Calor’s relevant Order number; (ii) the Supplier’s bank account details; (iii) the Supplier’s VAT registration number (where applicable); and (iv) such other information as Calor may reasonably request to meet UK tax or legal requirements.
7.3 Where transactions relating to an Order are processed using a recognised electronic data interchange process system, the Supplier shall send to Calor a composite monthly financial statement showing Order numbers, the composition of all invoices raised and the Price for all the Products and/or Services supplied to Calor during the statement period.  
7.4 The Supplier shall maintain complete and accurate records of the time spent and materials used by the Supplier in providing the Products and/or Services, and the Supplier shall allow Calor to inspect such records at all reasonable times on request. If errors or omissions in any of such processes, calculations, invoices or statements are found, the Supplier shall promptly refund to Calor any excess payments made by Calor.
7.5 In consideration of the supply of the Products and/or Services, Calor shall pay the Supplier all undisputed and correctly rendered invoices in accordance with the payment terms set out in the relevant Order or, where no payment terms are stated in the Order, within 60 days of receipt of a valid VAT invoice, to a bank account nominated in writing by the Supplier.
7.6 Both parties reserve the right to charge interest on any payment not made when due in accordance with these Conditions  (“Late Payment”) at the rate of 2% above the Bank of England’s base rate from time to time.  Interest will be charged from the day that any amount becomes a Late Payment until it represents cleared funds in the relevant party’s bank account.   The parties acknowledge that this is a substantial contractual remedy for the purpose of Section 8 of the Late Payment of Commercial Debts (Interest) Act 1998.
7.7Without prejudice to any other right or remedy which Calor may have whether under these Conditions or otherwise, if any sum of money shall be recoverable from the Supplier or payable by the Supplier to Calor, whether under these Conditions or otherwise, Calor may deduct such sum from any sums payable to the Supplier under an Order.  
8. CONFIDENTIALITY/PUBLICITY
8.1 Each of Calor and the Supplier undertake that they shall not at any time disclose to any person any information concerning the business, affairs, customers, clients or suppliers of the other party (“Confidential Information”), except as permitted by this Condition 8.
8.2 Each party may disclose the other party’s Confidential Information:
(a)to its employees, officers, representatives, contractors, sub-contractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under an Order. Each party shall ensure that its employees, officers, representatives, contractors, sub-contractors or advisers to whom it discloses the other party's Confidential Information comply with this Condition 8;
(b)as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.3 Neither party shall use the other party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with the relevant Order.
8.4 The restrictions in this Condition 8 shall not apply to:
(a)the disclosure of information where required by law or order of a regulatory authority (provided that to the extent permitted by such law or order, the disclosing party notifies the other of such requirement in advance); 
(b)information which is made public other than through a breach of this Condition; or 
(c)information in a party’s possession or provided to a party without obligations of confidence.
8.5 The Supplier shall not make, or permit any person to make, any public announcement, communication or circular concerning an Order, or promote or publicise in any way that Calor is a customer of the Supplier, without the prior written consent of Calor.  

9. INTELLECTUAL PROPERTY RIGHTS
9.1 Each of Calor and the Supplier shall retain its rights in its Background IP.
9.2 Except as expressly set out in these Conditions, the Supplier shall not acquire any right, title or interest in any Intellectual Property Rights owned by, or licensed to, Calor.
9.3 The Supplier shall not in any way use or copy Calor’s trademarks or trade names for any purpose without Calor’s prior written consent. If Calor gives its consent, the Supplier shall use the relevant trademarks or trade names in compliance with Calor’s brand guidelines, as they may be amended from time to time, a copy of which can be provided to the Supplier on request, and in accordance with any terms and conditions of Calor’s consent.
9.4 All Intellectual Property Rights developed or created specifically in connection with the production of Products and/or the performance of Services for Calor under an Order shall be owned by Calor. The Supplier grants to Calor, or shall procure the direct grant to Calor of, a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy and modify the Products and Services for the purpose of receiving and using the Products and Services. Acceptance of an Order by the Supplier shall be taken to guarantee undisturbed use by Calor of any Intellectual Property Rights under which the ordered items are manufactured or supplied.
9.5 All property in any Calor Materials supplied by Calor to the Supplier for the purposes of the Order shall remain with Calor. The Supplier shall treat all Calor Materials as confidential and shall use them only for the purposes for which they were supplied and shall deliver them up to Calor upon (a) completion of such purposes; (b) Calor’s request; or (c) termination of the Order; and except for the right to use such Calor Materials as necessary to perform the relevant Order no Intellectual Property Rights in such Calor Materials will be granted to the Supplier.
10. TERMINATION
10.1 Calor may terminate an Order in whole or in part at any time with immediate effect by giving the Supplier no less than 7 days’ written notice, whereupon the Supplier shall discontinue all work on the Order. Should Calor terminate an Order pursuant to this Condition 10.1, it shall pay the Supplier fair and reasonable compensation for any work in progress on the Products or Services at the time of termination, but such compensation shall not include loss of anticipated profits or any consequential loss.
10.2 Calor may terminate an Order in whole or in part at any time with immediate effect without liability by giving the Supplier written notice if:
(a)the Supplier fails to fulfil or comply with any of its obligations under an Order and such failure is not remediable, or where such failure is remediable the Supplier has failed to remedy such failure within 7 days of written notice from Calor specifying the failure and requiring its remedy; or
(b)acting reasonably, it believes that any of the events mentioned in Condition 10.3 is about to occur in relation to the Supplier and notifies the Supplier accordingly; or
(c)there is a change of Control of the Supplier; or
(d)the Supplier commits a breach of Conditions 17.1 or 17.2 (compliance with laws).
10.3 Calor or the Supplier shall be entitled to terminate an Order immediately without liability by giving notice in writing at any time if the other party:
(a)makes or proposes any voluntary arrangement with its creditors (within the meaning of insolvency legislation) or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order, is wound up or goes into liquidation (other than for the purpose of a solvent amalgamation or reconstruction); or
(b)has a receiver, administrative receiver, administrator or similar officer appointed over any of their property or assets, or documents are filed at court or any action taken in relation to the appointment of an administrator; or
(c)ceases, or threatens to cease, to carry on business; or
(d)is unable to pay its debts as they fall due; or
(e)suffers the occurrence of an event equivalent or similar in effect to any of the above events in any other jurisdiction.
10.4 Without prejudice to any other rights of Calor under these Conditions or otherwise, on the termination of an Order, the Supplier shall:
(a)deliver to Calor or at Calor’s direction destroy all copies of Calor’s Confidential Information;
(b)return all Calor Materials supplied to the Supplier pursuant to the Order, unless the Supplier still requires such Calor Materials to provide Products or Services or meet its obligations under another Order; and
(c)if so requested by Calor, at no cost, provide all assistance reasonably required by Calor to facilitate the smooth transition of any Services under the Order to Calor or any replacement supplier appointed by Calor. 
10.5 The termination of any Order under these Conditions shall be without prejudice to either party’s rights then accrued arising from such Order or any breach thereof and to any provision of these Conditions which is expressly or by implication intended to survive such termination.
10.6 On termination of the Order the Supplier shall not be entitled to payment for any costs incurred in relation to any Products supplied and/or Services performed after the effective date of such termination
10.7 Any Condition that expressly or by implication is intended to come into or continue in force on or after termination or expiry of an Order shall remain in full force and effect.  


11. INDEMNITIES 
11.1The Supplier shall indemnify Calor and/or its Affiliates against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other professional costs and expenses suffered or incurred by Calor and/or its Affiliates arising out of or in connection with:
(a)breach of any warranty of the Supplier in relation to the Products and/or Services;
(b)breach by the Supplier of any of these Conditions;
(c)negligence for which the Supplier is responsible in relation to Products and/or Services;
(d)any claim made or bought against Calor for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, the receipt, use, sharing or supply of the Products or Services; 
(e)any claim made against Calor by a third party for death, personal injury or damage to property arising out of, or in connection with, the Products or Services; and/or
(f)any claim, action, adjudication, decision or fine made against Calor by a third party (including any regulatory body) arising out of or in connection with the supply of the Products or Services.
12. LIABILITY
12.1Subject to Condition 12.5, neither party shall have any liability to the other under or in connection with an Order, whether in contract or tort or otherwise, for any loss or damage which is indirect or consequential and which, whether or not it arises as a direct and natural result of a breach of these Conditions, is not a reasonably foreseeable result of such a breach.
12.2 Subject to Condition 12.5, the total aggregate liability of Calor under or in connection with an Order for all claims whether in contract, tort or otherwise, shall not exceed the amounts payable by Calor under such Order.
12.3 Subject to Condition 12.5, the total aggregate liability of the Supplier under or in connection with an Order for all claims whether in contract, tort or otherwise, shall be limited to:
(a)for any claim relating to damage to property caused by the negligence of the Supplier its employees, contractors or agents in connection with an Order or for losses or liabilities suffered or incurred by Calor arising out of or in connection with any third party claim against Calor which has been caused by the acts or omissions of the Supplier, an amount equal to £5,000,000 (five million pounds) for any one claim or series of related claims;
(b)for all other loss or damage which does not fall within Condition 12.3(a) an amount equal to 200% of the total Prices payable under an Order (where the total Prices means all sums paid or payable by Calor under the Order in respect of the Products and Services supplied or to be supplied under that Order, whether or not invoiced to Calor) for any one claim or series of related claims.
12.4 The Supplier’s limitation of liability set out in Condition 12.3 shall not apply in respect of the indemnities in Conditions 11.1(d) to (f) inclusive, Condition 16.2 and Condition 22.3 and any amounts recovered under such indemnities shall be excluded in calculating the Supplier’s total liability under Condition 12.3.
12.5 Nothing in these Conditions shall limit the liability of either party for personal injury or death caused by its negligence or for fraud or fraudulent misrepresentation.
13. INSURANCE
13.1The Supplier shall take out and maintain in force with reputable and substantial insurers the following insurances (and the Supplier agrees that the insurance policies shall note the interest of Calor by means of an indemnity to principals clause or similar and shall be evidenced by certificates and receipts confirming payment of the premiums for the insurances to be made available to Calor within 7 days of request): 
(a)employers’ liability insurance in the amount of £10,000,000 for any one occurrence and unlimited in the period of insurance;
(b)public liability insurance (including product liability) in the amount of at least £5,000,000 for any one incident and unlimited in the period of insurance but in the aggregate in respect of product liability; 
(c)all risks property insurance in a sum adequate to cover all Calor Materials or Products in the Supplier’s possession or control from time to time on a reinstatement basis;
(d)professional indemnity insurance in the amount of at least £1,000,000 for any one occurrence; and
(e)any other insurances required at such levels required to adequately insure against the Supplier’s liabilities and obligations under an Order.
14. FORCE MAJEURE
14.1 If either party is prevented, hindered or delayed from or in performing any of its obligations under an Order by Force Majeure, then:
(a)that party’s obligations under the Order shall be suspended for so long as the Force Majeure continues and to the extent that it is so prevented, hindered or delayed;
(b)as soon as possible after the start of the Force Majeure that party shall give notice to the other party of the nature of the Force Majeure, the date and time at which it started and the likely effects of the Force Majeure on its ability to perform it obligations;
(c)that party shall use all reasonable endeavours to mitigate the effects of the Force Majeure on the performance of its obligations under the Order; and
(d)as soon as practicable after the end of the Force Majeure that party shall notify the other party and resume performance of its obligations under the Order.
14.2 If the Supplier is prevented, hindered or delayed from or in performing any of its obligations under an Order by Force Majeure, Calor may engage an alternative service provider to provide the Products and/or Services for the duration of the event of Force Majeure and for a reasonable period thereafter. If this occurs then payment to the Supplier will be suspended and the Supplier’s invoice adjusted accordingly to account for the reduced or no service.
14.3 If the Supplier is prevented, hindered or delayed from or in performing any of its obligations under an Order by Force Majeure for a continuous period in excess of 7 days Calor may terminate the relevant Order immediately by giving notice in writing to the Supplier.
15. MANAGEMENT INFORMATION AND AUDIT
15.1 The Supplier will provide Calor with monthly management information regarding the purchase activity for the Products or Services by Calor. Such information shall include:
(a)overall invoiced values for the then current month and year to date;
(b)overall volumes of purchases of Products or Services for the current month and year to date;
(c)reports on service delivery with reference to any service criteria as set out in an Order; and
(d)such other information or reports as Calor may reasonably require from time to time.
16. GENERAL DATA PROTECTION
16.1 Both parties shall comply with all applicable requirements of Data Protection Laws.
16.2 The Supplier shall indemnify and keep indemnified in full and on demand Calor and each of its Affiliates against all liabilities, claims, proceedings, costs,  damages, losses and fines (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other professional costs and expenses suffered or incurred by Calor and/ or its Affiliates arising out of or in connection with any breach by the Supplier of Data Protection Laws.
16.3 If the provision of the Services involves the processing of Personal Data by the Supplier on behalf of Calor, the parties agree that they shall enter into a separate data processing agreement. Unless the Supplier is otherwise required by the Data Protection Laws or any other applicable laws of the European Union or any of its members (“EU Laws”), the Supplier shall only act on instructions and directions from Calor. The Supplier shall comply promptly with all such instructions and directions received from Calor from time to time. Where the Supplier is relying on such EU Laws as the basis for processing Personal Data, the Supplier shall promptly notify Calor of this before performing any processing required by the EU Laws. 
17. COMPLIANCE WITH LAW AND CODE OF CONDUCT
17.1 The Supplier undertakes and agrees that in connection with an Order and the transactions contemplated by the Order, it will comply with all applicable laws, statutes, regulations, rules, decrees and/or official governmental orders of the United Kingdom in force from time to time, including all guidelines and codes of practice issued or recognised by any statutory, regulatory or relevant industry body and will obtain, and at all times maintain, all licences and consents which may be required for the provision of the Services or Products.
17.2 Without prejudice to the generality of Condition 17.1, both parties shall comply with all applicable laws relating to: (i) bribery and anti-corruption including the Bribery Act 2010; (ii)  slavery and human trafficking including the Modern Slavery Act 2015; and (iii) UK and foreign tax evasion facilitation including the Criminal Finances Act 2017.
17.3 Calor has a Business Partner Code of Conduct (the “Calor BPCoC”), an electronic copy of which is available via:
https://cip-glob-cdn.azureedge.net/-/media/sites/greatbritain/pdfs/business-partner-code-of-conduct.pdf?rev=2134ffb305d9421094cfd60887bb5365
17.4 The Supplier shall:
(a)carefully review the Calor BPCoC;
(b)ensure that the Calor BPCoC is disclosed to all Supplier’s personnel; and
(c)undertake and agree that, in connection with Supplier performance under an Order, all Supplier personnel shall act consistently with the applicable principles of the Calor BPCoC in all material respects.
18. SUB-CONTRACTING AND ASSIGNMENT
18.1 The Supplier shall not sub-contract any part of its obligations under an Order (except in respect of delivery of the Products) without Calor’s prior written approval.
18.2 The Supplier shall be fully responsible for those elements performed by its sub-contractors and for the acts and omissions of all its sub-contractors to the same extent as its own acts and omissions.
18.3 The Supplier shall not assign, transfer or otherwise dispose of all or any part of its obligations under an Order without the prior consent in writing of Calor, such consent not to be unreasonably withheld or delayed.
18.4Calor may assign its rights under an Order in whole or part.
19. NOTICES
19.1 Any demand, notice or communication shall be deemed to have been duly served:
(a)if delivered by hand, when left at the proper address for service (except that where such delivery is not on a working day service shall be deemed to occur on the next working day);
(b)if given or made by prepaid first class post, two working days after being posted;
19.2 Any demand, notice or communication shall be made in writing to the recipient at its registered office and, in the case of Calor, shall be addressed to the General Counsel. 
20. TRANSFER OF EMPLOYEES
20.1 It is the parties’ intention that neither the commencement nor the termination of the provision of any Services under an Order will give rise to a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (the “Regulations”).
20.2 In the event that the Regulations apply to the expiry or termination of an Order (in whole or in part), the Supplier shall (not less than 30 days prior to the expiry or termination of the relevant Order (or the relevant part of the Order) and to the extent lawfully permitted, provide Calor with the employee liability information (as defined in the Regulations) for all personnel engaged in the provision of the Services (“Relevant Employees”).
20.3 The Supplier shall fully indemnify and hold harmless Calor and its Affiliates from and against all costs, claims, liabilities and expenses (including legal expenses) incurred, suffered or paid by Calor or its Affiliates in connection with, or as a result of:
(a) any claim or demand by or on behalf of any Relevant Employee arising from any act, fault or omission of the Supplier on or before the Transfer Date;
(b)any failure by the Supplier to comply with its obligations under the Regulations unless such failure arises from the failure of Calor to comply with its obligations under the Regulations;
(c)a claim by any person whose employment transfers or is alleged to have transferred under the Regulations but whose name is not notified to Calor prior to the relevant alleged Transfer Date;
(d)the service of a notice terminating the employment of a person whose employment has transferred under the Regulations within 6 months after the Transfer Date (including all statutory or contractual redundancy payments payable in respect of such person, and any compensation or damages paid to such person for unfair and/or wrongful dismissal or as a reasonable settlement of a claim for such compensation or damages).
20.4 In this Condition the “Transfer Date” is the date of transfer of a relevant person’s employment under the Regulations.


21. EXPORT CONTROLS AND SANCTIONS
21.1 The parties shall each comply with all applicable laws pertaining to their respective obligations under these Conditions with respect to the import, export, distribution, sales and marketing of the Services.  Furthermore, the parties shall not engage in any business or dealings with any embargoed countries, blocked persons,  restricted parties identified or proscribed by the USA Bureau of Industry and Security (“BIS”), or individuals or entities listed as a sanctions target by the USA  (for example, the USA  Department of the Treasury's Office of Foreign Assets Control (OFAC)), United Kingdom, European Union or any other relevant country’s legislation (including  facilitating transactions with third parties that involve embargoed countries, blocked persons or BIS restricted parties).
22. EMPLOYMENT TAXES
22.1 The Supplier represents and warrants that in the provision of the Services it shall not operate as an IR35 intermediary (including, without limitation, a personal service company) and shall not contract, engage with or provide the services of any party operating via an IR35 intermediary in its Labour Supply Chain and the Supplier shall notify Calor immediately should such representation and warranty no longer be correct.
22.2 If Calor or any of its Affiliates is liable to withhold and account for any Employment Taxes due to any act, omission or default of the Supplier or any member of the Labour Supply Chain, the Supplier will take or procure the taking of all necessary action to ensure that Calor and/or any such Affiliate ceases to be responsible for such liabilities as soon as practicable.
22.3 The Supplier will indemnify Calor and/or its Affiliates from and against all liabilities, costs, expenses, damages, fines, penalties and losses (including, for the avoidance of doubt, any liability to pay any Employment Taxes and any penalty, fine or interest incurred or payable by Calor or any Affiliate in connection with or in consequence of any liability, deduction, contribution, assessment or claim for any individual or by a Tax Authority in respect of the application of IR35 where recovery is not prohibited by law) arising out of or in connection with:
(a)any breach of (including without limitation any breach of any warranty or representation) or failure of the Supplier to comply with the provisions of Conditions 22.1 and 22.2 above;
(b)Calor or any Affiliate of Calor being responsible for deducting and accounting for any Employment Taxes as a result of any action, omission or default of the Supplier or any member of the Labour Supply Chain; and/or
(c)any claim brought against Calor or any Affiliate of Calor by any worker not employed by Calor or such Affiliate where such claim is based on or connected with any worker or deemed employment status as a result of assistance or involvement in the provision of the Services.
23. GENERAL
23.1 The rights and remedies of Calor under these Conditions are without prejudice and in addition to any other rights or remedies it may have under or in connection with an Order or at law.
23.2 The Supplier warrants that in providing the Products and/or performing the Services under an Order it has not incurred significant capital expenditure nor has it purchased equipment, fleet or premises nor has it recruited new employees especially for the purpose of the Order. Where it intends to do so, the Supplier agrees it shall notify Calor in writing of such intention and in so doing acknowledges it does so entirely at its own risk and in the knowledge that any Order is not exclusive or perpetual and does not grant the Supplier any guaranteed volume or value of purchases.
23.3 No variation to these Conditions is valid unless it is in writing and signed by the duly authorised representatives of Calor and the Supplier. 
23.4 A waiver of any right or remedy under these Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
23.5 Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
23.6 If any term of an Order incorporating these Conditions to any extent is held to be invalid, void or unenforceable, then that term or provision shall be inoperative and void to the extent necessary to comply with law, but the remaining terms shall nevertheless continue in full force and effect and the rights and obligations of the parties shall be construed as if such Order did not contain that particular term held to be invalid, void or unenforceable.
23.7 Except as otherwise provided in these Conditions, a person who is not a party to an Order has no right to enforce any of these Conditions.
23.8 The terms of the Order and these Conditions constitute the entire agreement between the parties in relation to the subject matter of the relevant Order and supersede any previous agreements or understandings between the parties in relation to the subject matter of the relevant Order. 
23.9 Conditions 1, 2, 3, 4, 5, 7.6, 7.7, 8, 9, 10.4, 10.5, 10.6, 10.7, 11, 12, 13, 16, 17, 19, 20, 22 and this Condition 23 shall survive termination of any Order incorporating them.
23.10 These Conditions and any Order shall be governed and construed in all respects in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

Free Calor 5kg Patio Gas Cylinder with Free Ooni Pizza Oven (“Street Food Expo Competition”) Terms & Conditions: 

Word	Meaning
"CRA"	The Calor Cylinder Refill Agreement Terms & Conditions (“CRA”) allowing the Winner use of the LPG Gas Cylinder.
"Calor"	Calor Gas Limited (registration number 303703) located at Athena House, Athena Drive, Tachbrook Park, Warwickshire, CV34 6RL.
"LPG"	liquified petroleum gas.
"LPG Gas Cylinder"	a single 5 kg Calor cylinder owned by Calor and filled with LPG supplied by Calor together with a CRA to be given free of charge to the Winner as a one-time only free of charge offer.
"Prize"	an Ooni brand pizza oven together with the LPG Gas Cylinder to be provided, all at no cost to the Winner.
"Prize Draw"	the selection by Calor of the Winner of the Street Food Expo Competition.
"Terms and Conditions"	the terms and conditions set out below and the terms and conditions set out in the CRA.
"Winner"	a person aged 18 years or more who is not a Calor employee or an immediate family member of a Calor employee or in any other way professionally connected to Calor and who resides in the Great Britain (i.e., England, Wales or Scotland).

1. By entering the Street Food Expo Competition, you agree that: 
   a) you are aged 18 years and over;
   b) you are resident of England, Wales or Scotland;
   c) you are not an employee of Calor; and
   d) you accept and are bound by the Terms and Conditions.
2. The Street Food Expo Competition will run from 15th to 16th October 2024 inclusive.  The Prize Draw will take place on or before 31st October 2024.  The Winner will be chosen at random and will be contacted by Calor via email or telephone, whichever the Winner indicates to Calor is the preferred method of communication.
3. The Winner will be required to complete a CRA (issued free of charge) on or before receiving the LPG Gas Cylinder.
4. The Street Food Expo Competition is free to enter, and no purchase is necessary.
5. The Prize is non-exchangeable, non-transferable and no cash alternatives will be offered.
6. Inclusion of the Ooni pizza oven in the Street Food Expo Competition does not imply an endorsement by Calor of that brand of pizza oven or any appliance distributed or sold under that brand name.
7. In the event of circumstances outside of Calor’s control, Calor reserves the right to replace the LPG Gas Cylinder with an alternative size LPG gas cylinder at no extra cost to the Winner.
8. At no extra cost to the Winner, Calor will deliver the Prize to the address within the UK that is provided to Calor by the Winner.  In the event the Winner provides an incorrect or incomplete address to Calor and the Prize cannot be delivered to the Winner (or an authorised agent as made known to Calor by the Winner), Calor will deem the Prize to be unwanted and the Winner's claim to the Prize will be forfeited.
9. The Winner must allow at least fourteen (14) days from the date of the Prize Draw for delivery of the Prize.  It is understood and agreed that the Prize is the only goods Calor is obligated to deliver to the Winner.
10. Calor accepts no responsibility for the Street Food Expo Competition being postponed or cancelled.  In the event the Street Food Expo Competition is cancelled, the components of the Prize will no longer be part of the Street Food Expo Competition. However, the LPG Gas Cylinder may be purchased at regular cost from any Calor network distribution centre. 
11. Calor will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained by the Winner in connection with the Street Food Expo Competition, the Prize Draw or accepting or using the Prize, save for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 
12. If there is any reason to believe that there has been a breach of the Terms and Conditions, or the spirit of the Street Food Expo Competition, or the Prize Draw, Calor may, at its sole discretion, refuse to supply and deliver the Prize.
13. Calor has sole discretion to cancel, amend, terminate or temporarily suspend the Street Food Expo Competition or the Prize Draw at any time.  
14. Calor’s decision in relation the supply and delivery of the Prize is final and binding.

1. Follow Calor & Hamilton’s Gas Products and like this post
2. Entrants must be aged 18 and over and reside in Great Britain (i.e. England, Wales and Scotland);
3. Entrants should not be an employee of Calor Gas Limited or an immediate family member of an employee of Calor or Hamilton’s or in any other way professionally connected to Calor or Hamiltons; 
4. Winners chosen at random
5. Competition is free to enter and no purchase necessary.
6. No cash alternatives to prizes are available
7. Hamilton Gas Products will supply the Belle Chic 4.2Kw Blue Flame Portable Gas Cabinet Heater direct to the winner and Calor Gas to supply a 15kg butane gas bottle direct to the winner. 
8. Always follow manufacturers guidelines 
9. Entrants will be required to complete a Calor Gas Cylinder Refill Agreement (“CRA”) (issued free of charge) on or before receiving the gas bottle;
10. Calor to be allowed at least fourteen (14) days from the date of informing the successful entrant for delivery of the gas bottle.
11. Competition runs from 10/10/24 to 24/10/24
12. Winner will be contacted by Instagram direct message on 25/10/2024