TERMS AND CONDITIONS

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BJE CELLAR GASES TERMS & CONDITIONS

Terms & Conditions - JESP Engineering Ltd / BJE Cellar Gases

By signing the Invoice / Contract document on delivery or collection the customer is agreeing to JESP Eng. Ltd / BJE Cellar Gases Terms & Conditions for the duration of the loan of all cylinders.

Before signing with and choosing JESP Eng. Ltd / BJE Cellar Gases as your sole gas supplier please ensure before changeover that you have no outstanding contract with an existing supplier. Do not put JESP Eng. Ltd / BJE Cellar Gases cylinders on their equipment.

Lost or stolen cylinders

The company/person who loaned the cylinder(s) will be liable for the costs of replacing or repairing cylinders that are lost, stolen, destroyed or damaged in the company/persons possession. If at any time the customer/person can not account for the full stock of cylinders that they have signed for, JESP Eng. Ltd / BJE Cellar Gases may treat the shortfall as lost, unless the company/person can prove otherwise.

If cylinders are lost or stolen, the current replacement costs are as follows; £40+vat for 7lb cylinders, £55+vat for 14lb cylinders and £80+vat for 10L, 20L and 28lb cylinders. Any deposits previously paid on cylinders are exempt in the case of lost, stolen or damaged cylinders and will not be deducted from any invoice regarding these cylinders unless agreed with JESP Eng. Ltd / BJE Cellar Gases previously.

Length of time cylinders are loaned

JESP Eng. Ltd / BJE Cellar Gases reserve the right to collect or insist on the return of cylinders which have been considered to be on loan for an excessive period of time. This could be incorporated after 1 month from Invoice / Contract date on which the cylinders were signed out. Extra charges for non-return of cylinders within a reasonable time period will be at the discretion of JESP Eng. Ltd / BJE Cellar Gases. Any deposits paid on cylinders which have not been exchanged within 1 year of Invoice / Contract will be lost and further costs for loss of revenue may be incurred. Gas remaining in these said cylinders will not be due for credit unless agreed & ascertained in writing by JESP Eng. Ltd / BJE Cellar Gases management.

Third Party use

The cylinder(s) belong to JESP Eng. Ltd / BJE CELLAR GASES and will never be owned or filled by a third party.

The customer does not acquire any rights in respect to them & it will be the responsibility of the customer should any third party acquire possession of any cylinder(s).

Change of ownership of company

If for any reason the circumstances of the company / persons who loan the cylinders should vary i.e. the ownership of the company is changed, it must be put in writing within 1 month who the cylinder responsibilities would be transferred to. The changeover must be authorised by JESP Eng. Ltd / BJE Cellar Gases before hand and JESP Eng. Ltd / BJE Cellar Gases reserve the right to terminate the current contract and collect with no refund on remaining gas or deposit. New Terms & Conditions would be implemented for the new customer with JESP Eng. Ltd / BJE Cellar Gases upon signature of the Invoice / Contract document.

Pricing

Pricing can be subject to change due to the instability of bulk gas prices and JESP Eng. Ltd / BJE Cellar Gases current supplier negotiations on other associated products. It is the customer’s responsibility to check the current price on the product that they require prior to ordering.

LPG gas

Cylinder loans are subject to our sub-contractors current Terms & Conditions. Prices again can be subject to change without prior warning.

Transportation of cylinders & collection

Once Invoice / Contract is signed and cylinders are transferred to the customer they must follow the Safe Transportation of Gas Cylinders and adhere to all current regulations regards Health & Safety. To include loading safely, manual handling, ventilation, transporting of pressured gas and abide by the Carriage of Dangerous Goods by Road Regulations. Any damage to vehicle or person handling the product is the responsibility of the customer and they do so at their own risk.

Codes of practice are in place covering the use, handling, processing, storing and transporting of gas and cylinders and the customer must ensure that persons who use, handle, process, store or transport gas equipment receive adequate training and safety literature from the customer.

Cylinder deliveries

All deliveries must be supervised and the Invoice / Contract document signed at the time will prove conclusive for the current stock control, whether that be increasing, decreasing or the stock level remaining the same. When the customer or staff are not present, hence the document remains unsigned, the drivers word and signature is final as to the stock delivered and returned. If cylinders are left outside, the customer is responsible if a shortfall occurs.

JESP Eng. Ltd / BJE Cellar Gases do not permit our drivers to change cylinders on any systems. The customer is required to make available adequate and safe access to the site of delivery, providing all safety information and documents for the vicinity. We request the customer to make available the easiest access for the driver. If cylinders are requested by the customer to be transported through their establishment, JESP Eng. Ltd / BJE Cellar Gases hold no responsibility to fixtures and fittings if damage should occur due to the nature of carrying & transporting heavy cylinders.

JESP Eng. Ltd / BJE CELLAR GASES reserves the right to vary the sizes of containers supplied to the customer if required for cylinder availability reasons and if the turnover of the cylinder(s) is deemed to be insufficient for that particular size being kept in stock.

Late payments & represented / returned cheques

JESP Eng. Ltd / BJE Cellar Gases reserve the right to charge interest on late payments of 10% per calendar month from date of Invoice / Contract after the terms agreed have over ran. Any cheques that are returned due to insufficient funds are to be re-paid immediately to include any bank charges incurred. Any represented cheques will also be subject to current bank charges incurred. JESP Eng. Ltd / BJE CELLAR GASES reserves the right to claim compensation for debt recovery costs when Invoice / Contracts are not paid according to agreed credit terms.

Sole gas provider

JESP Eng. Ltd / BJE Cellar Gases upon signature of Invoice / Contract reserve the right to be the customer’s sole gas supplier ensuring regular turnover of cylinders. If it is suspect that JESP Eng. Ltd / BJE Cellar Gases are not the customers only gas supplier, we reserve the right to terminate contract with immediate effect for the protection of our cylinders being taken by other companies.

Stock control

JESP Eng. Ltd / BJE CELLAR GASES may at time to time upon reasonable notice enter customer sites to audit and inspect any cylinders or equipment loaned, to monitor stock levels and condition of cylinder stock.

Faulty cylinder procedure

Customer must report any suspected fault on the cylinder as soon as possible. After correctly identifying the cylinder in question and returning said cylinder to depot, JESP Eng. Ltd / BJE Cellar gases will follow their procedure to check the cylinder and the customer is able to witness the test if requested. No refunds will be given for remaining gas content when cylinder is proven to have no fault.

Condition of cylinders returned

All cylinders must be in a reasonable clean condition and available for resale when returned. Charges will be incurred for cleaning cylinders and any damage which would require imminent repair will also be chargeable.

The customer must not obliterate, remove or deface identification marks or notices on the cylinder and/or alter or tamper with any cylinder without the prior written consent of JESP Eng Ltd / BJE CELLAR GASES.

Responsibility of Gas stock levels

JESP Eng. Ltd / BJE Cellar Gases accept no liability to loss of revenue due to inadequate stock levels. The customer holds the responsibility to ensure that they have ordered the correct amount of stock to cover these rare occasions and the customer must be fully aware of our current delivery schedules and when their next delivery is due. JESP Eng. Ltd / BJE Cellar Gases cannot accept responsibility for none delivery due to adverse weather conditions including natural disasters, vehicle breakdowns etc. If a special trip is made due to a gas leak, inadequate orders or customer unavailable for delivery on normal deliver day a pre-arranged callout charge may be imposed.

Delivery days are subject to change and prior notice cannot always be given. This can be due to delivery driver absence, vehicle availability & rescheduling due to Bank Holidays etc.

Lending cylinders

Any cylinders lent to another venue must be authorised by JESP Eng. Ltd / BJE Cellar Gases beforehand. For the avoidance of doubt, no re-sale of any gas by the customer shall relieve the customer of any of their obligations under the agreement. The customer is responsible for all Health & Safety, insurances and technical advice etc. regarding any of the cylinders in question. Any costs involved in retrieving cylinders lent out will be the responsibility of the customer.

Discrepancies

Any invoice discrepancies must be notified within 24 hours.

Technical advice

JESP Eng. Ltd / BJE Cellar Gases are not required to provide any technical advice once cylinders are supplied and connected to the system / valve adaptor. Any given is down to experience with good faith and is subject to change. It is the customer’s responsibility to keep up to date with the latest recommended use of the goods we supply. We always advise that gas monitors are fitted where cylinders are stored inside.

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