This agreement is made between (1) Robinsons Gas Limited in
the County of North Yorkshire (herein called ‘the Company’) and
(2) The Customer named in the schedule (hereinafter called ‘the Customer’).
1. The Customer hereby assures and guarantees to the Company that there is no
Agreement in existence (either oral or in writing) for the supply of liquified
petroleum gas between the Customer and a third party for the period or any part
thereof of the proposed Agreement hereunder.
2. TERM OF AGREEMENT
Subject to the provisions of clause 11 hereof this Agreement shall exist for the period
specified in the schedule hereto and will continue thereafter until terminated by at
least 3 months in writing given by either party to the other.
For a new LPG supply, the Contract start date will be the date of Tank installation.
If the customer fails to issue a termination notice by the end of the period shown in the
schedule hereto, the agreement will thus continue for a further 12 months and will
then be terminable by 3 months in writing at the end of the said period and thereafter will continue year after year until terminated by three months notice in writing.
3. DEFINITIONS
(a) “Gas” means any liquid petroleum gas supplied by the Company to the
Customer under this agreement.
(b) “Tank” means the gas storage vessel(s), the property of the Company, placed or
to be placed at the Customer’s premises.
(c) “Equipment” means the equipment belonging to the Company which is made
available by the Company to the Customer under this Agreement, details being
set out in the Schedule hereto.
(d) “Customer’s premises” means the premises specifed in the Schedule hereto.
(e) “Site” means such part or parts of the Customer’s premises as is/are required for
the positioning and servicing of the Tank and Equipment.
4. SUPPLY OF GAS
(a) The Company may vary the price of gas at any time provided that the Company
shall not increase the price of gas by a proportion greater than the increase in
the wholesale price.
(b) No charge is made for delivery provided that the quantity of Gas delivered is at
least 50% of the nominal capacity of the Tank, unless on Top Up.
(c) Where a “fixed price”, capped or tracker agreement is entered into, The Company
reserves the right to add a surcharge to the price if the average wholesale price
for the current month increased by more than 20% above the wholesale price
(i) at and within the first 12 months of the agreement or
(ii) within any 12-month period thereafter.
(d) Should your predicted annual usage, as indicated overleaf, be overstated by more
than one-third, the pence per litre unit price and tank rental will be subject to an
increase to bring it in line with the market price and your actual usage.
5. TANK AND EQUIPMENT AND CUSTOMER’S UNDERTAKINGS
(a) Any tank installing charge will be due for payment either prior to or on
completion of the work in one installment.
(b) The Customer shall use the Equipment and Tank only for the storage and use of
Gas supplied by the Company.
(c) The Customer shall provide such Site and base as required by the Company for
the stationing of the Tank and Equipment and shall maintain the same in a
proper condition for the delivery of Gas and the Maintenance of the Equipment
throughout the term of this Agreement.
(d) The Customer shall provide at all times safe and convenient access to the Site
from the public highway to enable the Company to deliver gas to the Tank by
the Company’s usual transport facilities without risk to person or property.
(e) The Customer shall allow the Company access at all times to inspect or maintain
the Tank and Equipment and the Customer shall put into effect such safety
precautions at the Customer’s expense as the Company in its sole discretion
considers necessary. In deciding such safety precautions, the Company shall be
entitled to take into account the advice, suggestions and requirements of any
Statutory or Local Authority.
(f) The Customer shall not move the Tanks or any of the equipment.
(g) The Customer will ensure that the Tank and Equipment are not interfered with,
damaged, marked or abandoned.
(h) The Customer shall not pledge, mortgage, lend or otherwise deal in any manner
whatsoever with the Tank or Equipment or any part thereof nor part with the
possession thereof nor hold the Customer out to be the owner thereof nor deny
the Company’s title thereto.
(i) The Customer shall notify the Company immediately of any defect or fault in the
Tank or Equipment or any damage or suspected damage thereto.
(j) The Customer shall not resell, exchange or adulterate any Gas but will use all Gas
for the Customer’s own consumption only.
(k) The Customer will comply with the H.S.E. (or relevant statutory authority
applying at the time) codes of practice relating to the storage and use of gas.
(l) The agreed rental is subject to change should the annual volume of
LPG bought be less than that estimated.
(m) Unless indicated to the contrary it is assumed the pipework is the property of
the customer.
6. CHANGE OF HEAT SOURCE OR UPLIFT
As the Company owns and is responsible for the safety of the Tank(s), the Customer
has the following options when looking to change the fuel source; (1) to uplift the
Tank(s) or (2) to decommission the Tank(s).
Should the Customer decide to install an alternative fuel source to LPG, the Company
must inform you that you shall be responsible to pay the Company the cost and
expense for the uplift or decommissioning of the Tank(s).
The uplift charge will be £350 plus vat per above ground and £900 plus vat per below
ground tank (and the Customer will be responsible for making good the hole, once
the below tank has been removed).
Should there be gas left in the Tank(s), this would have to be pumped out and for this
there is an additional charge of £300 plus vat. Any gas uplifted from the Tank(s) would
be credited at the current cost value of the total engineering invoice.
Should the decision be to decommission and leave in situ the Tank(s) the
decommissioning charge will be £2,500 plus vat per below ground tank. This charge
includes the pumping out of any gas left in the Tank(s) Any gas uplifted from the
Tank(s) would be credited at the current cost value of the total engineering invoice.
If the Tank(s) are decommissioned, the ownership and therefore entire responsibility
and liability for the Tank(s) will transfer to the Customer once the decommissioning is
complete.
The above charges apply, irrespective of the Contract status. If an agreement cannot
be reached regarding the uplift or decommissioning of the Tank(s), then legal
proceedings will be taken.
7. INSURANCE
The Company will insure the Equipment comprehensively, including Public Liability,
and the Customer will insure the Tank against the Occupier’s Liability and for its
Reinstatement Value.
8. FORCE MAJEURE
Where circumstances beyond the control of the Company prevent the supply of Gas
by the Company, then deliveries under this Agreement may be suspended or delayed.
Under these circumstances the Company may give permission to the Customer to
obtain supplies from an alternative source. Such consent will be provided in writing
by the Company and will only be considered valid under this Agreement when so
provided.
9. STANDING CHARGE
A standing charge is made for the Tank and Equipment which is the sum per annum
stated in the Schedule and is payable in full in advance. The First payment is to be
paid on the date of this Agreement and is subject to VAT at the current rate.
(a) Payments terms will be agreed on completion of credit checks and can be changed without notice should trading circumstances alter.
(b) The Company shall be under no obligation to make any delivery under this Agreement during such time as the Customer (in the opinion of the Company) is in default of any of the terms of this Agreement.
(c) If the Customer does not pay any of the above charges at the time the Company reserves the right, without notice, at any time thereafter, to charge interest on the overdue amount at the rate of 8% per annum or part of a month from the date when payment falls due and/or to withhold further supplies of Gas.
11. TERMINATION
(a) The Company may without prejudice to any other right in respect of breach of
the Customer’s obligations, terminate this Agreement forthwith, if:
(i) The Customer commits a serious breach of the Agreement; or
(ii) The Customer being a Company shall have winding-up proceedings
instituted against it or a meeting called to consider a resolution for the
winding-up of the Customer, or being an individual shall become insolvent,
commit an act of bankruptcy or have a receiving order made against them,
enter into any composition or arrangement with his creditors; or
(iii) a distress warrant is levied or threatened against the good or premises of
the Customer; or
(iv) the Customer ceases to occupy the premises where the Tank and
Equipment is installed.
(b) On the ending of this Agreement for whatever reason the Company shall be at
liberty to enter upon the Customer’s premises and to dismantle and take away
such of the Tank (whether containing Gas or not) and Equipment as the Company
may desire and the Customer will allow the Company every facility for the
purpose. Any cost and expense incurred with regard to excavation, infill and
backfill of any underground equipment shall be the responsibility of the customer.
(c) The Customer shall pay to the Company the cost and expense to the Company of
removing the Tank and Equipment. When terminated after the contract expiry, the
date shown in the Schedule, then the Customer will pay to the Company an uplift
charge of £350 plus VAT for above ground tank and £900 plus vat for a below
ground tank. The Customer shall be responsible for making good the hole once
the tank is removed.
(d) If this agreement is cancelled after 14 days from signing but before the installation
has taken place the Customer will pay to the Company £300 plus VAT.
(e) This termination notice must be sent in writing to Robinsons Gas Ltd
or emailed to helprobinsons@robinsons-gas.co.uk Tel: 01347 238177.
12. ASSIGNMENT AND NOTICE OF VACATING
(a) The Customer must give at least one month’s notice in writing to the Company
where the Customer intends to vacate the Customer’s premises.
(b) This Agreement is assignable only with the written consent of the Company.
13. WAIVER
Any concession or constitute allowed by the Company to the Customer at any time
shall not affect the Company’s rights under the terms of this Agreement or release the
Customer from liability in respect of any such terms