Wood Fuel Heating Specialists

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Terms & Conditions

These Terms and Conditions govern your use of the website. All orders placed through this website are subject to these Terms and Conditions – placing an order through the website, electronically, or telephonically, signifies your acceptance of these Terms and Conditions. Please read these Terms and Conditions carefully as they affect your liabilities under law.

LC Energy Ltd is a trading name of LC Energy Ltd, Company No. 6296861 and VAT reg 909 2547 12, LC Energy has its registered office at Netley House, Shere Road, Gomshall GU5 9QA.

Any orders placed on the LC Energy site creates a contract between LC Energy and the customer placing the order relating to the provision of a delivered product by LC Energy to that customer.

These Terms and Conditions set out the entire relationship between LC Energy and you the customer for the sale of Goods. Please ensure that you read and understand these Terms and Conditions as these Terms are binding upon placement of an order.

Any samples, drawings, descriptions or advertising that appear on this site or in any marketing material are provided to give you an approximation of the goods they represent i.e the design of the bag or the colour of pellets may vary and are not a definitive match to the pictures on the website. They do not form part of the contract between the two parties.

You are considered to have placed an order and entered a binding contract with LC Energy when you have:

1. Ticked that you have accepted the Terms and Conditions on the website; and

2. You have made payment for the goods ordered.

On completion of your order you will be issued with an order number. Please quote this order number on any correspondence with LC Energy.

Once an order has been placed the goods are automatically consigned for delivery to the address you have provided. If you would like to amend or cancel an order that has been placed you must inform LC Energy within 24 hours. You will be liable for any costs incurred in the creation and dispatch of that order. Any refund given on cancelled or amended orders will be reduced by the costs incurred to that point.

You must check your confirmation email to ensure the delivery address is correct. Whether the order was placed online or over the phone you are responsible to ensure the delivery address on the confirmation email is correct as you will be liable for any costs incurred in the creation and dispatch or amendment of that order. Any refund given on cancelled or amended orders will be reduced by the costs incurred to that point.

We have the right to revise and amend these Terms and Conditions as we see fit. You will always be bound by the terms and conditions that were active at the time your order was placed.

We warrant that the Goods shall:

1. Conform in all material respects with the ordered specification;

2. Be free from material defects in design, material and workmanship

3. Comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.

This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident or negligence (by you or a third-party).

Please be advised if changing pellet brand we recommend monitoring your boiler for the first week of use to ensure optimum burning rate. All pellets differ slightly despite being within the EN Plus specification and adjustments may need to be made to your boiler to accommodate new pellets.

We will take reasonable steps to ensure that your order arrives in good condition.

It is your responsibility to ensure that you store your goods in a suitable location. Please note that fuel in all its forms does not tolerate damp storage conditions.

When LC Energy are expecting a temporary unavailability of stock we will endeavour to restrict sales of the goods in question.

The contract between LC Energy will be deemed to be fulfilled on delivery of your order in a fit state of condition.

It is your responsibility to ensure that there is suitable access to the delivery location and the delivery instructions you provide are suitable.

Where a delivery is attempted but is unable to be completed due to a lack of access, gravel or a on slope that you could have reasonably been expected to anticipate or where a delivery address and instructions are vague or incorrect and our haulier cannot reasonably be expected to find the delivery location, we will charge a redelivery fee of at least £50 + VAT per pallet.

All pallet based deliveries are delivered to kerbside. While our delivery company will normally go to great lengths to ensure that your delivery is placed exactly where you require it, the contract between yourself and LC Energy includes delivery to kerbside only. Please ensure that you have the means to move the pallet(s) and their goods from the kerbside to a suitable storage location.

All order notes are passed on to our delivery company as guidelines and are not contractual. Please note we cannot guarantee the delivery company will call prior to delivery.

7.5 tonne lorries can be requested for restricted access deliveries; however this is subject to availability and the local delivering depots have the final decision on the size vehicle they deem fit for a safe, successful delivery to kerbside.

The tail lift on 7.5 tonne lorries cannot take the entire weight of the pallet, therefor occasionally the pallet will be broken into two separate pallets.

Damage to property during the delivery process:

  1. LC Energy Ltd disclaims all liability from any damage and or death to any property and or person that may occur during the delivery process.
  2. Any liability for any damages that may occur during the delivery process lies strictly with our haulier.

We provide guidelines as to the expected delivery schedule of the relative delivery services offered by LC Energy. Please note that in all cases the time frame’s given are guides only. LC Energy will not be held liable if for whatever reason a delivery does not arrive within an expected period.

All orders received on a standard working day prior to 2pm are dispatched that day, subject to stock. LC Energy endeavours to maintain a positive stock balance on all lines throughout the year.

Standard Delivery – Orders placed on a standard delivery basis for delivery within mainland England, Scotland and Wales will typically arrive on the third or fourth working day, excluding the day of order (i.e. Monday before 2pm order should be delivered on Thursday). We endeavour to ensure all deliveries are on time, however, please be aware that delays can occur and are out of our control. During busy periods such as Christmas, deliveries are likely to take longer.

Next Day Delivery – Orders placed on a Next day delivery for an additional charge will be delivered the next working day after order day. Order days are working days only, meaning next working day for orders placed on a Saturday or Sunday will be taken as placed on a Monday before 2pm, so delivery will be made on the Tuesday. During busy periods such as Christmas, deliveries are likely to take longer.

If your order is not delivered next working day, LC Energy shall refund you the additional expedited delivery charge. Please be aware that delays can occur and are out of our control and LC Energy will endeavour to deliver as soon as possible.

Bagged pellet deliveries are made between 9am and 5pm, occasionally during busy periods deliveries can be made outside of this time frame. If you do not wish to receive your delivery outside of these hours, please contact the office to arrange a timed delivery at additional cost.

Where your order has received some level of damage in transit it is imperative that you mark the damage that has occurred on the delivery note that the driver provides and provide notification and photographic evidence of the damages by email to LC Energy customer services at info@lcenergy.co.uk within 48 hours.

If you are not present at the time of delivery, please provide notification and photographic evidence of the damages by email to LC Energy customer services at info@lcenergy.co.uk within 48 hours.

If there are damages on any order that could not reasonably have been discovered by a visual inspection at the time of delivery, then the customer may apply for a refund for the damages provided they are able to:

  1. Provide evidence of the damage in photographic form;
  2. Provide evidence that the damage could not have been reasonably discovered by a visual inspection of the goods on delivery;
  3. Provide notification of the damages to LC Energy customer services at info@lcenergy.co.uk within 48 hours

LC Energy can only offer a refund for damaged goods, we cannot replace damage goods.

Once the pallet has been dismantled, we cannot arrange collection as the pallet is no longer safe to travel through the transportation network unless it is in the original wrapping.

In the unlikely event that the goods provided do not conform to their specification, i.e EN Plus A1, we will:

  1. Require a sample of the pellets for independent testing
  2. We will not process a refund or replacement prior to the results of the independent test which can take up to 2 weeks from receipt of the pellet sample.
  3. Provide you with a full refund for the value of the goods if they are proven to be out of specification; or Replace the goods at our cost, however we can not uplift the faulty goods if the pallet has been dismantled and is not it is original wrapping.

If the test results deem the goods to conform to their specification, i.e EN Plus A1, we will pass on the cost of £250 + VAT for the test and the cost of the collection of goods to you. 

Any additional damage to your system caused by continuing to use pellets that are confirmed to be, or are potentially out of specification once your claim has been made is at your
own risk and cost.

If you would like to return the goods, you may do so within 48 hours from delivery, only if:

  1. The goods are returned to us in a sale-able condition i.e a complete full pallet in its original wrapping.
  2. We will refund you the full value of the goods returned to us, less £50 per pallet to cover the transport costs incurred returning the goods to our warehouse.

If your order is being returned it is your responsibility to ensure adequate access for our haulier to collect the goods. Where appropriate access is not given we will pass on any additional haulage costs to you.

If goods are incorrectly delivered to you, we can only accept their return at our cost if they are in in a sale-able condition i.e a complete full in original wrapping, and we are notified within 48 hours from delivery.

These terms and conditions apply to any replacement goods that we may send you.

Fuel purchases for domestic use incur VAT at the reduced rate of 5%.

Please choose the 5% VAT option, unless you:
– Intend to resell the product
– Will use the product for less than 60% non-business use
– Will not use the product as fuel

For full details of the relevant laws please see HMRC Reference: Notice 701/19 https://www.gov.uk/guidance/vat-on-fuel-and-power-notice-70119. A guide to the appropriate rate is given below. Please note that LC Energy will not be held responsible for the incorrect application of a VAT rate to your purchase. It is your responsibility to ensure that you understand the legislation, by agreeing to our terms and conditions you certify that your purchase is compliant with the relevant legislation.

Businesses may apply the reduced rate providing they meet the requirements in the legislation. Where businesses do not satisfy these requirements, they are obliged to pay the standard VAT rate of 20%. All other purchases are made at the standard VAT rate of 20%. Please ensure when making a purchase the appropriate VAT rate is levied.

If either party fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

Neither of us shall be responsible for losses that result from our failure to comply with these terms including, but not limited to losses that fall into the following categories:

  1. Loss of Business;
  2. Loss of income or revenue;
  3. Loss of anticipated savings;
  4. Loss of data;

 

Any waste of time or any loss due to the sourcing of replacement goods from another provider.

This clause does not include or limit in any way our liability for:

  1. Death or personal injury caused by our negligence; or
  2. Fraud or fraudulent misrepresentation;
  3. Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
  4. Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
  5. Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

We will not be responsible for any failure to perform our obligations when impeded by a Force Majeure event such as;

  1. Strikes, lock out’s or other industrial action’
  2. Civil commotion riot, invasion, terrorist attack, war etc.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
  4. Transport network failure, or
  5. Communication network failure.

 

Our obligations under these terms are suspended for the duration of the Force Majeure event. We will endeavour to fulfil our obligations as soon as possible once the event has ceased.

You may not assign or transfer your rights or obligations under these Terms to any other party without the written consent of LC Energy. 

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you.

No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English Courts.

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