These terms and conditions apply to the supply by NOF Energy Limited of the Services (“Services”) and/or products (“Products”) listed on the website www.nofenergy.co.uk (“Site”). Please read these terms and conditions carefully before ordering any Services and/or Products from our Site. You should understand that by ordering any Services and/or Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1 INFORMATION ABOUT US
www.nofenergy.co.uk is a site operated by NOF Energy Limited ("We", “Us” and “Our”). We are registered in England and Wales under company number 05933450 and have our registered office at First Floor, Thames House, Mandale Business Park, Belmont Industrial Estate, Durham, DH1 1TH which is also our trading address. Our VAT number is 499342693
2 SERVICE AVAILABILITY
Our Site is only intended for use by individuals resident in the United Kingdom acting on behalf of businesses. We do not accept orders from individuals resident outside the United Kingdom.
3 YOUR STATUS
By placing an order through our Site, you warrant that:
(a) You are legally capable of entering into a binding contract; and
(b) You are at least 18 years old; and
(c) You are resident in the United Kingdom; and
(d) You are accessing our Site from within the United Kingdom; and
(e) You are an individual acting on behalf of a business; and
(f) You are not a consumer.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
a. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Services and/or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail confirming that the Services and/or Products have been purchased (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
b. The Contract will relate only to the Services and/or Products, the purchase of which we have confirmed in the Order Confirmation. We will not be obliged to supply any other Services and/or Products which may have been part of your order until the purchase of such Services and/or Products has been confirmed in a separate Order Confirmation.
5 OUR SITE
a. We may provide links on our Site to the websites of other companies. We cannot give any undertaking that services or products which you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your information related to that transaction to the third party seller.
b. The description of the Services and/or Products shall be as set out on our Site. Any typographical error, clerical or minor / other error or omission in any document or info issued by us shall be subject to correction without any liability on our part.
c. Our employees or agents are not authorised to make any representations concerning our Site, the Services or the Products unless confirmed by us by e-mail or otherwise in writing.
d. You must ensure that the terms of your order placed through our Site are complete and accurate and that you give us any necessary information relating to the Services and/or Products on your order form to enable us to duly perform the Contract.
a. Access to any user account will be gained by using the username and the password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.
b. You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.
c. We reserve the right to refuse service or terminate a user account if we suspect an unauthorised person is attempting to access it.
d. You agree that we shall not be liable for any losses which you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security.
7 DATA PROTECTION AND POLICY
8 AVAILABILITY AND DELIVERY
a. The Services and/or Products will be supplied on the date agreed or within the time agreed as set out in the Order Confirmation or, if no date or time is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
b. Time of delivery and/or performance is not of the essence.
c. No claim for damage to Products will be considered unless we are given written notice within seven days of delivery. If no such notice is received by us, you are deemed to have accepted the Products.
d. No claim for non-delivery will be considered unless we are given written notice within seven days of the date when the Products would in the ordinary course of events have been received.
e. In the event of your failure to give the appropriate notices as specified in clauses 8c and d above any claim is deemed to have been waived.
9 PRICE AND PAYMENT
a. The price and availability of any Services and/or Products will be as quoted on our Site from time to time, except in cases of obvious error. Prices are exclusive of any applicable VAT.
b. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
c. Our Site provides for the sale of a number of Services and/or Products and it is always possible that, despite our best efforts, some of the Services and/or Products listed on our Site may be incorrectly priced. We will normally verify prices when issuing an Order Confirmation so that, where the correct price of the Services and/or Products is less than our stated price, we will charge the lower amount when supplying the Services and/or Products to you. If the correct price of the Services and/or Products is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before supplying the Services and/or Products, or reject your order and notify you of such rejection.
d. We are under no obligation to supply the Services and/or Products to you at the incorrect (lower) price and are entitled to withdraw from the Contract, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
e. Payment for all Services and/or Products must be by credit or debit card. We accept payment with switch, mastercard, visa, maestro and american express. We will not charge your credit or debit card until we issue the Order Confirmation to you.
10 OUR CANCELLATION POLICY
a. Our cancellation policy can be found HERE. We will usually refund any money received from you using the same method originally used by you to pay for the Services and/or Products which have been cancelled.
11 RISK AND PROPERTY
a. The Products remain our property until:-
i. their full price has been received by us; and
ii. all other sums which are or which become due from you on any account with us have been received by us.
b. If payments received from you are not stated to refer to a particular invoice we may appropriate such payments to any outstanding invoice.
c. The Products are at your risk from the time of delivery.
12 WARRANTY AND DEFECTS
a. We warrant to you that:-
i. the Products will correspond with their description at the time of delivery;
ii. the Products will be of satisfactory quality on delivery; and
iii. the Products will be fit for their normal purpose.
b. We warrant to you that any Services which you purchase from us will be supplied with reasonable skill and care.
c. We do not warrant that the Services and/or Products will meet your specific requirements.
d. We shall not be liable under this warranty (or any other warranty, condition or guarantee) if:-
i. the total price for the Services and Products has not been paid by the due date for payment; or
ii. any defect in the Products arises from any information supplied by you.
e. Any claim made by you which is based on the quality of the Services or on any defect in the quality or condition of the Products or their failure to correspond with description must be notified to us within fourteen days from the date of delivery or performance or, where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure.
f. You shall not be entitled in any event to reject the Products on the basis of any defect or failure which is so slight that it would be unreasonable for you to reject them.
g. If you do not notify claims in accordance with clause 12e above then:-
i. you shall not be entitled to reject the Services and/or Products; and
ii. we shall have no liability for such defect or failure; and
iii. you shall be bound to pay the full price for the Services and/or Products.
h. In the event that you have a valid claim which has been notified to us pursuant to clause 12e above, we shall be entitled to carry out the Services again or replace the Products (or the part or element in question) free of charge or, at our option, refund to you the price of the Services or Products (or a proportionate part of the price), but we shall have no further liability to you.
13 OUR LIABILITY
a. Our liability for losses which you suffer as a result of any breach by us of these terms and conditions or arising in connection with your access to or use of our Site or any material on it is strictly limited to the price of the Services and/or Products which you purchased under which the claim arises.
b. This does not include or limit in any way our liability:
i. For death or personal injury caused by our negligence;
ii. For fraud or fraudulent misrepresentation; or
iii. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
c. We are not responsible for any indirect losses which you may suffer as a result of any breach by us of these terms and conditions or which arise out of or in connection with your access to or use of our Site or any material on it and which are not foreseeable by you and us, including but not limited to:
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, or
vi. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 13 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13a or any other claims for direct financial loss that are not excluded by any of categories i-vi inclusive of this clause 13c.
d. Where you buy any services or products from a third party seller through our Site, the seller's individual liability will be set out in the seller's terms and conditions.
You agree to indemnify us against any loss, claim, damage, costs or expenses suffered by or made against us arising out of the performance by us of the Services and/or the delivery of the Products save where such loss, claim, damage, costs or expenses arise wholly or in part from negligence on our part.
a. The Contract shall terminate immediately upon the happening of any one or more of the following: -
i. you are dissolved or have a bankruptcy order made against you or you make an arrangement or composition with your creditors; or
ii. you (being a body corporate) convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory); or
iii. you have a receiver, manager, administrator or administrative receiver appointed of the whole or any part of your undertaking, property or assets; or
iv. a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order over you; or
v. any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction to which you or any of your assets are subject.
b. The Contract shall terminate immediately upon service by us of written notice of termination on you on the happening of any one or more of the following:-
i. you have, suffer or allow any execution to be levied on your assets or obtained against you; or
ii. you commit a material breach of any of your material obligations under the Contract or under any other contract with us; or
iii. you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or
iv. you cease or threaten to cease to trade.
c. Termination of the Contract shall not affect rights and duties accrued before termination.
a. In providing the Services and/or Products we shall endeavour to keep any confidential information provided by you to us, confidential and secret.
b. We shall only use the confidential information for the purpose of performing the Contract.
c. The obligations set out in Clause 16a. and b. shall not apply to any information which:
a. was known or in our possession before it was provided by you to us;
b. is, or becomes, publicly available through no fault on our part
c. is provided to us by a third party, who did not breach any confidentiality obligations by making such disclosure;
d. was developed by us (or on our behalf) without direct access to, or use or knowledge of the confidential information supplied by you; or
e. is required to be disclosed by order of a court of competent jurisdiction
d. The obligations set out in this clause 16 shall survive termination of the Contract for a period of 12 months.
17 WRITTEN COMMUNICATIONS
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.
Any notice to be given by either us to the other under these terms and conditions must be by e-mail addressed to the other party at the e-mail address which you provide in your order or to our e-mail address as set out in the Order Confirmation.
19 TRANSFER OF RIGHTS AND OBLIGATIONS
a. The Contract between us is binding on you and us and on our respective successors and assigns.
b. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
c. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20 EVENTS OUTSIDE OUR CONTROL
a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
b. 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:
i. Strikes, lock-outs or other industrial action.
ii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
iv. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
v. Impossibility of the use of public or private telecommunications networks.
vi. The acts, decrees, legislation, regulations or restrictions of any government.
c. Our performance under the 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.
a. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these 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.
b. A waiver by us of any default shall not constitute a waiver of any subsequent default.
c. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18.
If any of these terms and conditions or any provisions of the 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.
23 ENTIRE AGREEMENT
a. These terms and conditions together with the Annex(es) expressly referred to in them and attached to them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
b. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to the Contract except as expressly stated in these terms and conditions.
c. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
24 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time. This right shall not affect the existing terms and conditions accepted by you at the time you purchased particular Services and/or Products which shall govern our contractual relationship with you in respect of those Services and/or Products.
25 LAW AND JURISDICTION
Our Site is operated and controlled from the United Kingdom and contracts for the purchase of any Services and/or Products through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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