TERMS & CONDITIONS

Composite Cylinders UK Limited (CCL) Refill Agreement

Please retain this agreement with your receipt.

1. Definitions

In this Agreement the following words shall have the following meanings unless the context requires otherwise:

• (a) The Company: Composite Cylinders UK Ltd (CCL), its successors and assigns.
• (b) The Customer: The person named within this agreement or by providing online consent.
• (c) The Goods: The cylinders specified are the property of the Company and are used for the storage of Gas manufactured for the Company together with all ancillary valves, guards, regulators, and other items used in connection therewith.
• (d) Gas: Liquefied petroleum gas as may be supplied to the Customer by the Company, via the Company’s website or by a distributor or a dealer of the Company.
• (e) Authorised Dealer: An agent nominated by the Company who has a valid contract with CCL and is authorised to sell LP Gas to you and to act as an agent on behalf of CCL to supply bottles to you and to collect the bottle Refill Charge.

2. Customer Obligations

The Customer agrees that their obligations under this Agreement are direct obligations to the Company notwithstanding the fact that the Customer has dealt with and may have been given this Agreement to sign by a distributor or dealer appointed by the Company, or online. The Customer further acknowledges and agrees that any distributor or dealer with whom the Customer has dealt immediately prior to signing this Agreement is an agent of the Company for the purpose of carrying out the obligations of the Company hereunder and for the purpose of enforcing the terms of this Agreement with the Customer, and the Customer will comply with the directions of such a distributor or dealer concerning compliance with and the enforcement of this Agreement as if they were the directions of the company.

3. Supply of Goods and Gas

Upon signature of this Agreement and following payment of the cylinder charges (where applicable) to the Company or its distributor or dealer, the Customer will be provided with the Goods and shall be entitled from time to time to purchase full Goods in exchange for empty Goods in consideration of the payment of the then current price of the Gas. Gas is supplied subject to availability. The Company and its distributors and dealers are under no obligation to supply Gas to the Customer and shall not be liable to the Customer as a result of any failure to do so.

4. Exchange of Goods

The Customer may only exchange empty Goods for full Goods with the Company, a distributor or dealer appointed by the Company. Save as otherwise expressly permitted under this Agreement, the Customer must not part with possession of the Goods save in exchange for full Goods from such distributor or dealer.

5. Maintenance of Goods

The Company or its distributor or dealer will during the period of this Agreement endeavour to maintain the Goods in reasonable repair and condition and from time to time will wash and paint the Goods.

6. Refund Process

Please bring your original receipt and a copy of this document to reclaim your refund:

• (a) You shall not return the bottles to anyone but an Authorised Dealer or directly to the Company.
• (b) The bottles may be returned by you to an Authorised Dealer at any time and thereupon this Agreement shall terminate.
• (c) If the bottles are in good condition when returned pursuant to Sub-clause (b), you will be refunded £10.00 inc VAT.

7. Replacement Goods

All exchanged additional or replacement Goods made available to the Customer during the period of this Agreement shall be deemed to be part of the Goods.

8. Location of Goods

The Customer shall during the period of this Agreement keep the Goods in their own physical possession at the address specified overleaf and at no other address save with the written consent of the Company. Such consent must be obtained at least seven days before removal of the Goods to such new address.

9. Inspection and Testing

The Customer will permit the Company or its distributors or dealers at all reasonable times to have access to the premises where the Goods are from time to time kept for the purpose of inspecting and testing the same and replacing any Goods which, in the sole discretion of the Company, need replacing.

10. Ownership

The Customer will not hold themselves out as the owner or hirer of the Goods and shall not interfere with any identification marks thereon, nor attempt to do so, and shall at all times ensure the Goods remain legibly marked as being the property of the Company.

11. Prohibited Actions

The Customer shall not offer for sale, sell, loan, assign, let or charge the Goods or the benefit of this Agreement.

12. Termination

Should the Customer fail to comply with any conditions of this Agreement, the Company may terminate this Agreement by sending notice in writing to the Customer by pre-paid post to the Customer’s address overleaf or any other address of the Customer at the time of posting such notice.

13. Limitation of Liability

The Company will not be liable to the Customer for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the Customer or by a third party whether direct or consequential (including but without limitation any economic loss or other loss of turnover, profits, business, or goodwill) arising out of any use of the Goods or any of them, save that the Company will be responsible for all liability in respect of death, personal injury or damage to property caused by the use of the Goods provided that they have been properly used by the Customer in conjunction with the Gas and no other gas, and provided that the Company is shown to have been negligent when undertaking the design, manufacture or supply of the Goods.

14. Customer’s Liability

The Customer agrees to accept full responsibility for all loss or damage to the Goods and for any liability in respect of death, personal injury or damage to property caused by the use of the Goods or any of them for which the Company is not liable. The Customer agrees to indemnify the Company fully against all actions, claims, demands, proceedings, costs and expenses or otherwise arising from or attributable to the same.

15. Joint Liability

Where two or more persons sign this Agreement as Customer, it is hereby agreed by such persons that all obligations and liabilities assumed thereby by them are assumed by them jointly and severally.

16. Dealer Direction

The Company may at any time in its sole discretion direct the Customer to deal with the Company or another duly appointed distributor or dealer of the Company rather than the distributor or dealer with whom the Customer normally deals.

17. Governing Law

The validity, construction and performance of this Agreement shall be governed by English Law and all disputes, claims or proceedings between the parties relating thereto shall be subject to the Jurisdiction of the English Courts to which the parties agree to submit.

18. Data Protection and Use of Personal Information

Information that CCL may require about the Customer, whether in accordance with this Agreement or otherwise, may be used by CCL, its employees, or agents to:

• 18.1 Identify the Customer during any communication between CCL and the Customer.
• 18.2 Assist in the administration of accounts, services or products provided by CCL or any other associated company to the Customer throughout this Agreement and following termination.
• 18.3 Assist in detecting fraud or loss.
• 18.4 Write to or telephone the Customer with information about other services or products offered by CCL or any associated company. CCL shall not contact the Customer in this way unless the Customer has consented in the Cylinder Agreement.

CCL Security Clause: In the interest of safety and security, it is CCL policy to record and hold the contact details of all customers who purchase gas from CCL directly or via a dealer or distributor of the company. It is the responsibility of the customer to complete this agreement and post it back to CCL. CCL and its dealers and distributors reserve the right to ask for proof of identity. Further details of how and when CCL use your personal data can be found at gas2go.co.uk.

Composite Cylinders UK Limited
Chapel Road, Rotherwas Industrial Estate, Hereford, HR2 6LD
Company Registration 15608819