These terms and conditions apply to the Agreement you (the customer) (“you”) sign on page 1 with Calor Gas Limited (“we” or “us”) for the supply of LPG (“Gas”) consisting of commercial propane or any other liqueﬁed petroleum gas to your home address or any other address agreed between us for domestic use as shown on page 1 (“your Address”). If there is anything you do not understand, please call your local Calor Centre. 1.2 These terms and conditions apply to the supply of Gas in our Cylinders at your Address. 1.3 At the start of the Agreement we will supply and connect the number of Cylinders, ﬁlled with Gas, shown on Page 1. One half of the number of Cylinders will be supplying Gas at any one time, with the rest in reserve. As Cylinders are emptied of Gas, the supply is automatically changed to the reserve Cylinder(s).We will be automatically notiﬁed by the attached telemetry and will replace the empty Cylinder(s) with Gas ﬁlled Cylinder(s). You will be charged on the basis of the Gas ﬁlled replacement Cylinder(s). For more details on charging, see clause 7 below. 1.4 We agree to install and maintain our Cylinders and Equipment (consisting of the pigtails, changeover device and any telemetry unit) at your Address for the storage, control and regulation of Gas and to supply you with Gas under the terms and conditions of this Agreement. You agree not to use the Cylinders other than for the storage of the Gas supplied by us or on our behalf. Where separately agreed, we will also install (at a price to be agreed) base, screening and extra service pipework as indicated on the Installation Sales Agreement, all of which will become your property once installed. 2. Ownership of and Responsibility for Cylinders, Equipment and Service Pipework 2.1 The Cylinders and Equipment remain our property at all times and we (and only we) will maintain them. 2.2 The “Service Pipework” is the pipe (if any is installed) which takes Gas from the outlet of the Equipment to the entry point of your Address. 2.3 It is agreed that you own the Service Pipework, and it is your responsibility to maintain and if necessary replace the Service Pipework. 2.4 Ownership and maintenance of the Cylinders, Equipment and Service Pipework is dealt with in clauses 1.4, 2.1 to 2.4 above. You own any installation pipes, ﬁttings or appliances after the outlet of the Equipment and maintenance of such pipes, ﬁttings or appliances is your responsibility, unless you have entered into a separate maintenance contract with us. 3. Installation It is your responsibility to lay and maintain a suitable base and dig a trench at your expense unless otherwise agreed and shown in the Installation Sales Agreement. Where this Agreement includes the installation of Cylinders, Equipment and service pipework, the following provisions apply: 3.1 The site details on the Installation Sales Agreement identify the work to be carried out by us and/or you. The speciﬁcation leaﬂet provided to you by our representative (where applicable) describes the work to be carried out by you. 3.2 We will make every reasonable effort to carry out the installation on your preferred installation date and complete the work within a reasonable time. 3.3 It is your responsibility where necessary to obtain any planning permission (and similar permissions) required for the installation of Cylinders and Equipment at your Address. 3.4 You will pay the Initial Charges set out on the Installation Sales Agreement. Payment is due by you when our invoice is delivered to you. This is a one-off charge to contribute to the cost of installation. 4. Start Date and Length of Agreement 4.1 By signing this Agreement you conﬁrm that you have no other agreement with any third party for the supply of Gas to your Address. You agree whilst this Agreement exists not to purchase Gas from any other person at your Address. 4.2 Subject to clause 4.5, this Agreement will be effective on the date on which we both sign it and will (unless terminated under one of the grounds for earlier termination set out in this Agreement) continue for a minimum period of two years (the “Minimum Period”) starting from the date on which we ﬁrst deliver Cylinders. 4.3 At the end of the Minimum Period, this Agreement will continue but may be brought to an end by either of us giving to the other the 42 days’ written notice under clause 9.1.2 below. 4.4 At the end of the Minimum Period you will be eligible to change to another Gas supplier as set out in clause 9.1.2 below. 4.5 If we do not receive a satisfactory response to a credit check carried out in accordance with clause 10.2, this Agreement will be cancelled. In that event, we will write to you to conﬁrm that this Agreement is cancelled. 5. Supply of Gas 5.1 We will: 5.1.1 deliver Gas in Cylinders in accordance with a delivery pattern established by us. Alternatively, should you choose to order yourself, you should give us not less than 7 days’ notice. We reserve the right to make deliveries by sub-contractor, although this will not relieve us of our obligations or responsibilities under this Agreement. 5.1.2 provide a delivery note in respect of each Gas delivery which in the absence of any evidence to the contrary is proof of delivery and evidence of the quantity of Gas delivered whether signed by you or not; 5.1.3 not make delivery if for any reason it appears to us that it would be unsafe to do so. 5.2 You must advise us in writing of any additional usage of Gas or extra appliances installed to enable us to assess whether they may alter your delivery or storage requirements. 5.3 The Gas delivered becomes your property once you have paid for it. 6. Emergency, Safety & Maintenance 6.1 We will: 6.1.1 provide a 24 hour emergency service to deal with any leakage of Gas or emergency arising out of the supply of Gas under this Agreement; 6.1.2 insure the Cylinders and Equipment. 6.1.3 maintain the Cylinders and Equipment in accordance with current statutory requirements or UKLPG Codes of Practice; 6.1.4 Reserve the right to charge you for any additional reasonable costs which we incur should you fail to comply with your obligations in clause 6.2. below and we have to meet those obligations at our cost. 6.2 You must: 6.2.1 at all times respect our ownership of the Cylinders and Equipment supplied under this Agreement which at all times will remain our property and under no circumstances shall they without our prior written consent be removed, re-sited or have put into them any substances other than Gas supplied by us; 6.2.2 not deface, damage, abandon or in any way move or interfere with the Cylinders or Equipment or any markings on or relating to them, and you acknowledge that Calor and the Calor logo are the Registered Trademarks of Calor Gas Limited, and you will not use the trademarks in any way, claim any rights in respect of them, or allow anyone else to do so; 6.2.3 not (nor attempt, or claim to be able, to) sell, transfer, lend, charge, abandon or part with possession or control of any Cylinders. Cylinders may only be removed from your Address by us, or by those whom we have speciﬁcally previously authorised and for the purpose of returning the Cylinders immediately to us. 6.2.4 if you breach this Agreement or cause wilful damage to our Cylinders or Equipment allow us to repossess Cylinders immediately and you authorise us to enter on your Address for these purposes 6.2.5 not cause or allow the transfer of Gas into any Service Pipework, pipe appliance or equipment which is substandard or not speciﬁcally designed for the purpose of transporting or consuming Gas; 6.2.6 provide and maintain at all times safe and suitable facilities and safe and convenient passage and access to the Cylinders for the purposes of inspecting, delivering, replacing, maintaining or removing the Cylinders and Equipment and delivering Gas and maintenance; 6.2.7 obtain our written permission (which will not be unreasonably withheld) prior to carrying out any work which may affect access, either of a permanent or temporary nature; 6.2.8 notify us of any defect in our Cylinders or Equipment as soon as it appears and allow us access at any reasonable time (or, in the event of an emergency, at any time) for the purpose of inspection, repair, removal and replacement; 6.2.9 keep the area around any pipework and the Cylinders clear of weeds, rubbish and combustible materials to a distance of 1 metre and maintain the base for the Cylinders (where applicable) and must take such other security precautions as may be required from time to time by us or the Fire Prevention Officer of your Local Authority. 6.2.10 implement and maintain any safety measures or precautions you are asked to (these may include for example ﬁre walls maintained to their original speciﬁcation; or the maintenance of safety distances from openings); 6.2.11 read and comply with the summary of your current obligations and our operating instructions, emergency advice and guidance relating to the storage and use of the Gas contained in the Calor “Welcome brochure”; 6.2.12 use the Gas delivered by us for your own consumption and/or at your Address only; 6.2.13 be responsible for and compensate us in full for any reasonable cost of loss or damage to our Cylinders and Equipment except where such loss or damage is caused by fair wear and tear or by our employees’ or contractor’s negligence; and 6.2.14 compensate us in full for the cost of any claims or legal proceedings arising from your use of the Gas negligently or otherwise in breach of this Agreement which are brought or threatened against us by any other person. 7. Charges and Payment 7.1 We will charge you per Cylinder of Gas delivered at the price applicable at the time it is delivered, a Standing Charge for the Equipment as referred to on page 1 plus any other charges or taxes, such as VAT, which apply at the time. The Standing Charge is your contribution to emergency, safety and maintenance services. We will inform you of any changes to the Standing Charge and the prices set out on page 1.The Standing Charge will not increase by an amount exceeding the rate of increase (if any) in the Retail Price Index. 7.2 Payment for Gas and Standing Charges shall be due by you when our invoice/ account or statement is delivered to you (unless you are party to a budget plan or we have agreed alternative terms of payment with you). 7.3 If any payment is not made within 14 days of its due date we may:- – withhold further supplies of Gas; and/or – request from you a deposit; and/or – ask you to execute a direct debit mandate in our favour before re-supplying Gas; and/or – charge you interest on sums due from the date they become due on a daily basis, at an interest rate of 2% per annum above the Base Rate of Lloyds Bank plc in force at the time; and/or – Give you notice of termination under clause 9.1.3 below. You may not terminate this Agreement if we withhold supplies under this clause. 8. Our Liability 8.1 Subject to clauses 8.2 and 8.3 below, we will not be liable to you under this Agreement for any loss or damage caused by us or our employees or agents unless: 8.1.1 The loss results from our negligence or breach of contract; and 8.1.2 At the time we entered into this Agreement the loss was a reasonably foreseeable result of the negligence or breach of contract; or 8.1.3 The loss was not a reasonably foreseeable result of the negligence or breach of contract, but you have speciﬁcally drawn the potential loss to our attention before we entered into this Agreement. 8.2 If you have increased any loss through your own negligence, misuse or breach of contract we will not be liable for such increased loss. 8.3 We will not be liable in any event for any losses related to any business of yours such as business interruption or lost sales or proﬁts. 8.4 Nothing in this Agreement shall limit our liability for causing death or personal injury. 9. Ending This Agreement 9.1 This Agreement cannot be terminated before the end of the Minimum Period except where clauses 9.1.1, 9.1.3 or 9.1.4 apply. It may be terminated in one of the following ways: 9.1.1 If you are leaving your Address: At any time if you are vacating your Address or if you are moving home, by you giving us at least one month’s notice in writing (see clause 11.2 below for how to do this). If you are selling your house you should advise your solicitor of the existence of this Agreement. He will need to tell your buyer’s solicitor and, if a leasehold, your landlord’s solicitor of our ownership of the Cylinders and Equipment and your ownership of the Gas in the Cylinders. If you are selling your house yourself without using a solicitor, you will need to put all of this information into the appropriate forms. 9.1.2 Termination at or after the end of the Minimum Period: This Agreement may be terminated by either of us giving the other 42 days’ notice in the way described in clause 11.2 below to expire at or after the end of the Minimum Period. Accordingly, if you wish to end this Agreement at the end of the Minimum Period we should receive your notiﬁcation 42 days before that. 9.1.3 Termination for breach: This Agreement may be terminated immediately by us by written notice if any payment by you is not made 28 days after it has become due under clauses 3.4 or 7 above or if you fail to observe any important term or obligation of this Agreement which signiﬁcantly affects our relationship. You may terminate this Agreement by written notice if we are in fundamental breach of the terms of this Agreement. If you terminate this Agreement before the end of the Minimum Period other than (i) under clause 9.1.1 above, or (ii) under clause 13 (events beyond the control of either of us) below, or (iii) for our fundamental breach, we reserve the right to recover from you, as well as any other amounts you may owe us for Gas, Standing Charges, interest, initial charges as set out on page 1, or any special offers given to you at the start date of this Agreement, installation costs not already paid by you and any administration costs we have incurred (not exceeding £30) in addition to our right to remove our Cylinders and Equipment under clause 9.2 below and to charge you the uplift charges under clause 9.3 below. If we terminate this Agreement under this clause 9.1.3, in addition to those matters referred to in the above paragraph we also reserve such other rights as we may have against you for breach of your contract with us, such as (but not limited to) the cost of any damage to our Cylinders and Equipment. 9.1.4 Events beyond the control of either of us: This Agreement may be terminated by either of us in the circumstances set out in clause 13 below. In that event, the uplift charges set out in clause 9.3 below will not apply. 9.2 Arrangements on Termination On termination of this Agreement we have the right to remove our Cylinders and Equipment from your Address. You will allow us or our agent access at any reasonable time to carry out this work. 9.3 Uplift Charges Where applicable, the cost of uplifting the Cylinders and Equipment is £100 + VAT. Whilst we will take care at your Address we will not be liable for any damage or disturbance caused by such works. We reserve the right to increase the above charges by an amount not exceeding the rate of increase (if any) in the Retail Prices Index.When the Cylinders are uplifted we will not credit you for any Gas contained therein.We will invoice you and you will become liable for the uplift charge forthwith. 10. Use of Personal Information 10.1 Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and agents or may be given to and used by other companies in our group to identify you when contacting us by telephone, fax, e-mail or via the internet to help administer accounts and manage services and products provided by us now or in the future and keep you informed about other services and products offered by us and selected third parties (to whom no personal data will be disclosed). If you prefer not to receive such information please write to us. 10.2 We may carry out a credit check for the purposes of this Agreement with one or more licensed credit reference agencies and they will retain a record of the search. Payment details of your account will be recorded with a credit reference agency and may be shared with other organisations to assess further applications by you and members of your household, and also for occasional debt tracing and fraud prevention. This includes tracing those who have moved house and are in default. You can write to us and request a copy of the personal data held about you upon payment of a fee within the limits set by the Data Protection Act 1998. If any data is incorrect you may request rectiﬁcation. 11. Assignment, Ownership and Notices 11.1 We may assign all or any of our rights and obligations under this Agreement to another person at any time. Your new Gas supplier will acquire the rights and assume the obligations as if it had been the original party to this Agreement with you. We will be released from all our obligations under this Agreement and, from then on, your dealings will be with the new supplier. All the terms of this Agreement will therefore continue to apply between you and the new supplier, including your rights to terminate under clauses 7.2 and 9.1 above. This Agreement is not assignable by you without our prior written consent, which will not be unreasonably withheld. 11.2 Notices given to us under this Agreement shall be either in writing and sent by ﬁrst class post to: Calor Gas Limited, Athena House, Athena Drive, Tachbrook Park, Warwick, CV34 6RL, marked for the attention of the Customer Services Department or by fax to the same address on 0870 400 6900 or you may e-mail us on account_enquiries@calor.co.uk in each case marked for the attention of the Customer Services Department. In cases of electronic notice proof of delivery and authenticity shall be a transmission report. 11.3 Where you have entered your email address on page 1 and have ticked the box to opt into this arrangement, you agree that we may contact you and manage your account by email, and that you may access and check your account online. 12. Waiver If we fail to enforce any of the conditions of this Agreement at any time this will not be taken as a precedent stopping us from enforcing those conditions at any subsequent time. 13. Events Beyond Your or Our Control Neither we nor you will be liable for failing to carry out any of the terms of this Agreement to the extent that we cannot do so because of circumstances beyond our control. However, we must each use all reasonable efforts to bring an end to such circumstances as soon as possible. If such circumstances continue for a period longer than three months, then whichever party is not affected by the circumstances may terminate this Agreement by giving one month’s notice in writing.