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.