PUFFIN ENERGY TERMS & CONDITIONS OF SALES, DELIVERIES & COLLECTIONS.

STANDARD PUFFIN ENERGY LTD TERMS & CONDITIONS OF SALES, DELIVERIES & COLLECTIONS

 

1.Interpretation

The definitions in this clause apply in the terms and conditions set out in this document: “Puffin” Puffin Energy Limited, a company incorporated and registered in Scotland with company number SC319513 whose registered office is at North Road Industrial Estate, North Road, Insch, Aberdeenshire, AB52 6XP. VAT number is GB 911 4426 55.

“Business Day” a weekday (other than a Saturday, Sunday, or public holiday)

“Customer” the person or organisation purchasing goods from Puffin.
“Design Guide” the UKPC design guide as referred to in clause 4, a copy of which is available from the UKPC website www.pelletcouncil.org.uk

“Force Majeure Event” shall have the meaning given in clause 9.
“Goods” the products that Puffin sells to the customer as set out in the order.
“Order” the customer’s order for the Goods.
“Order confirmation” shall have the meaning given in clause 2.4.
“Relevant Sample” shall have the meaning given in clause 3.10.
“Terms” the terms and conditions set out in this document.
“Writing” or written includes e-mail.

“Kerbside” as close to the property as possible

 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.

 Headings do not affect the interpretation of these terms.

2.             Basis of sale

 2.1        Puffin Energy Ltd terms & Conditions and the order are considered by Puffin to set out the whole agreement between the customer and Puffin for the sale of the Goods (including any instalment or delivery of the Goods or parts of them). The customer must ensure that it reads and understands these terms before submitting an order, as the customer will be bound by the terms once a contract comes into existence in accordance with clause 2.5.

2.2        If any of these terms are inconsistent with any term of the order, the details contained on the order shall prevail.

2.3        The order is an offer by the customer to enter a binding contract, which Puffin is free to accept or decline at its absolute discretion.

2.4        These terms shall become binding on the customer and Puffin when Puffin issues the customer with written acceptance of an order (order confirmation).

2.5        The customer must ensure that the details on the order confirmation are complete and accurate. Puffin will only accept changes to an order confirmation that are confirmed in writing.

2.6        Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.4. All quotations shall be valid only for 7 days from date of issue.

2.7        Puffin shall assign an order number to the order and inform the customer of this in the order confirmation.

2.8        Delivery of the Goods will not be scheduled until after the order has been placed. Consequently, an order confirmation will not usually include a proposed delivery date. The customer will be notified subsequently of the proposed delivery date. If the proposed delivery date is not acceptable, the customer may request an alternative date which Puffin will try to facilitate.

2.9        Should the customer amend or cancel an order within 48 hours of the proposed delivery date, the customer shall indemnify Puffin in full against all loss (including loss of profit), costs (including the costs of labour, haulage and materials used), damages, charges and expenses incurred by Puffin because of cancellation. The customer’s minimum liability to Puffin in such circumstances shall be at the managers discretion.

2.10      The Goods are supplied for use at the delivery location. If the customer, or one of their agent moves the Goods on to other sites and/or to other users, Puffin will not be liable or responsible for the condition of the Goods.

2.11      Puffin may revise and amend these terms from time to time and with no notice.

3.             The Goods

3.1           Puffin warrants that the Goods shall:

3.1.1 conform in all material respects with the ordered specification

3.1.2 be free from material defects in design, material, and workmanship; and

3.1.3 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

3.2        Puffin will take reasonable steps to ensure that the customer receives the order in good condition. However, upon delivery, the customer shall immediately inspect the Goods delivered and ensure that they correspond with the description and quantity indicated on the order. The customer will be deemed to have accepted the Goods if they are retained for more than seven days without notifying Puffin that they have been rejected.

3.3        These terms shall also apply to any replacement Goods supplied in the unlikely event that the original Goods are faulty or do not otherwise conform with these terms.

3.4        Should the customer wish to make a complaint regarding the Goods delivered, the consignment of the Goods as a whole must be retained or returned and no claim whatsoever shall be accepted for a portion or any part of any consignment of goods unless agreed in writing by one or more of our Puffin’ authorised employees or agents, following examination of the Goods and the carrying out of testing on a Relevant Sample (as defined in clause 3.10).

3.5        In the event of a discovered defect or damage the customer shall provide to Puffin notice of the defect by email along with photographic evidence, clearly specifying the nature of the defect or damage no later than 24 hours after the goods were delivered, unless the defect or damage was not capable of being identified on first inspection, in which event notice of the defect or damage shall be provided no later than one week after delivery.

 

4.             Delivery

4.1        For bulk deliveries:

4.1.1     Delivery of the order shall be completed when the Goods reach the agreed delivery point.

4.1.2       The customer is responsible for ensuring that Puffin can deliver the Goods on arrival at the delivery site, where it must ensure that there is safe access for Puffin and that the delivery vehicle can avail of a suitable parking space adjacent to the customer’s store. If Puffin, or its agents are unable to park in a location suitable for delivery, it reserves the right to abandon the delivery. The cost of this delivery/transport shall be borne by the customer.

4.1.3        In the event that Puffin cannot deliver the Goods safely and conveniently the customer will be liable to pay a Delivery Charge. Puffin will be under no obligation to attempt a further delivery. The onus will be on the customer to request a further delivery, which Puffin will be under no obligation to accept. If Puffin accepts a request for a further delivery, the customer will be liable to pay the full cost of this (including Delivery Charge)

4.1.4        It is the customer’s responsibility to order the correct quantity of the Goods.

4.1.5        If the customer cancels or reschedules the delivery within 2 working days of the delivery, the customer will be liable for Puffin’ Cancellation Charge (as set out in clause 2.9).

4.1.6      The customer must specify any special requirements when requesting a quote. However, Puffin cannot guarantee to meet any special requirements.

4.1.7      Puffin will not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the customer’s failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.1.8 The installation as a minimum must comply with the recommendations of the latest UKPC design guide for storage of wood pellets. A copy of this is available to download on the UKPC website www.pelletcouncil.org.uk.

4.1.9 The quantity deemed to have been delivered will be the quantity recorded by the weighing system on the delivery vehicle, to within a margin of error of 20kg. Puffin will endeavour to keep the weighing system on the delivery vehicle in good condition and calibrated according to the manufacturer’s instructions. The customer will be invoiced and pay for the weight delivered. Minimum order levels will apply and surcharges may be issued for any deliveries under the minimum order level.

4.1.10 If the customer chooses to pay for what it takes and takes a different quantity than specified in the order, Puffin will charge the customer the agreed price per tonne for the quantity delivered (as measured by the weigh loader on the truck), and any other extras in the agreed price.

4.1.11 If the customer chooses to pay for what it orders and orders more than it can take, so that Puffin cannot deliver the full amount specified in the order, or if Puffin are not able to complete a delivery for reasons that Puffin could reasonably expect the customer to have anticipated, the customer will be liable to pay for the ordered quantity at the quoted price as specified in the order.

4.2         For deliveries of bagged pellets:

            4.2.1 All deliveries will be 3-5 days from despatch

            4.2.2 Orders received before 2pm will be despatched on the next working day

4.2.3 Pallets will be delivered by a member of the pallet network and will be delivered to kerbside

            4.2.4 Normal deliveries are Monday to Friday 8am-6pm. The courier is requested to call the customer prior to the delivery. They are not obliged to provide specific delivery times

            4.2.5 All offshore destinations will be subject to a delivery surcharge

            4.2.6 Delivery drivers are not expected to manoeuvre the pallet beyond the rear of the vehicle and in the event of the delivery not being possible due to poor access or the inability to manoeuvre the pallet due to ground type, the pallet will be left kerbside and as close to the property as possible. 

            4.2.7 All goods must be checked on arrival and delivery paperwork signed. If customer agrees for the courier to leave the pallet without the customer signing, it will be at the customer’s own risk.

            4.2.8 Any delivery issues or damage to goods must be reported to Puffin immediately.

            4.2.9 Lead times may be extended during busy periods

5.             Defective goods and returns

5.1        It is the customer’s responsibility to ensure that the Goods are suitable for their intended use. Puffin warrants only the quality of the Goods and their delivery, and not their suitability for the customer’s application.

5.2        In the unlikely event that the customer suspects that the Goods or the manner of delivery do not conform with these terms, Puffin should be contacted to arrange for testing of a Relevant Sample in accordance with clause 3.10. If, following the testing of a Relevant Sample it is demonstrated that the Goods or the manner of delivery did not conform with these terms, Puffin will:

5.2.1 remove the Goods at its own expense and provide the customer with a full refund for the value of the Goods that have been removed; or

5.2.2 replace the Goods at its own expense.

5.3        The customer may request that a representative of Puffin attends their site. This will be at Puffin’ cost if the Goods do not conform with these terms. Otherwise, the customer will be liable to Puffin for the cost of its time, travel and reasonable expenses incurred in the process of attending the site.

5.4        As it is impossible for Puffin to verify that a sample of pellets taken from the customer’s store is representative of the Goods supplied and that their condition is a consequence of Puffin’ services rather than the customer’s installation and operation, Puffin will not accept any assessment of any sample other than a Relevant Sample taken by a Puffin representative. The customer will have recourse only if it can demonstrate that the Goods or the manner of delivery do not conform with these terms, according to the methods specified in these terms.

5.5        Fines build up on the floor of the fuel store, and on the surface of the pellets, due to segregation of different particle sizes. The customer should not judge the fines content of the Goods according to the fines observed as the Goods are running down in the store. This is a known and predictable phenomenon of Bulk Solids Handling. Puffin will not accept responsibility for any such concentrations and will charge for costs associated with responding to issues that are traced back to this phenomenon. To minimise problems from the build-up of fines, the customer should have its fuel store cleaned at least once per year and more often in the case of multiple deliveries.

5.6        These terms will apply to any replacement Goods supplied.

6.             Title and risk

6.1        The Goods will be the customer’s responsibility from the time of delivery.

6.2        Notwithstanding delivery and the passing of risk in the Goods, title to the Goods shall not pass to the customer until Puffin has received payment in full, in cash or cleared funds, for the price of the Goods.

6.3        Until such time as title to the Goods passes to the customer in accordance with clause 6.2, Puffin shall be entitled at any time to require delivery up of the Goods to it.  If the customer fails to do so forthwith, Puffin shall be permitted to enter upon any premises of the customer or any third party where the Goods are stored (or reasonably believed to be stored) and repossess the Goods.

6.4        The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the Goods which remain the property of Puffin but if it does all monies owing to Puffin shall, without prejudice to any other of our rights or remedies, forthwith become due and payable.

6.5        Risk of damage to or loss of the Goods shall pass to the customer upon the Goods reaching the agreed delivery point or upon collection by customer

6.6       If the customer has chosen to collect from either the Insch or Boyndie depot, the loading of the goods onto the customers vehicle will be at the discretion of the site manager. Goods should be checked prior to loading and customers should ensure that they secure the load prior to departing from the site. Puffin are not responsible for any damages once goods are loaded.

7.             Price and payment

7.1        The price of the Goods will be as set out in the quotation Puffin provides to the customer or, if it has not provided a quotation or the quotation has expired, in its pricing structure in force at the time it confirms the order. Prices are liable to change at any time, but price changes will not affect orders that have been confirmed in writing by one or more of our authorised employees or agents.

7.2        These prices exclude VAT. By default, VAT will be applied at the appropriate rate. If the rate of VAT changes between the date of the order and the date of delivery, Puffin will adjust the VAT paid, unless the Goods have been paid for in full before the change in the rate of VAT takes effect.

7.3        If the customer does not make any payment due to Puffin by the due date for payment (as set out in clauses 7.4 and 7.5), Puffin may charge interest on the overdue amount

7.4        Without limiting any other remedies or rights Puffin may have, if payment is not made on time, it may cancel or suspend any other outstanding order until the customer has paid the outstanding amounts.

8.             Warranties and limitation of liability

8.1        If we, Puffin fail to deliver the Goods for any reason other than at the customer’s fault or any cause beyond the reasonable control of Puffin, and it is accordingly liable to the customer, Puffin’ liability shall be limited to the excess (if any) of the cost to the customer (in the cheapest available market) of similar goods to replace those not delivered, over the price of the Goods.

8.2        Where Puffin accepts the return of the Goods, it shall be entitled to offer replacement goods or, if such replacement goods are not available, to provide credit to the customer for the Goods.

8.3        In no circumstances should Puffin’ liability (in contract, tort or otherwise) to the customer, arising out of, or in connection with the contract or the Goods supplied, exceed the invoice price of the Goods in respect of which a complaint has been made.

8.4        Except in respect of death or personal injury resulting from Puffin’ negligence, Puffin shall not be liable to the customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under the express terms of these terms, for any consequential or indirect economic loss or damage arising out of or in connection with the supply of the Goods or their use or resale by the customer.

9.          Force Majeure

9.1        For the purposes of this contract ‘Force Majeure Event’ means an event beyond the reasonable control of Puffin including but not limited to an act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, orders, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, or power failure or breakdown in machinery and pandemic or epidemic.

9.2        Puffin shall not be liable to the customer because of any delay or failure to perform its obligations under this contract because of a Force Majeure Event.