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COMMERCIAL TERMS AND CONDITIONS

1. DEFINITIONS

1.1 The following definitions shall apply to these Conditions:“Additional Charge(s)”: means any one or more (as appropriate) of the late payment surcharge,
priority charge, card processing charges or Failed Delivery Charges as described in Conditions 6.4 to
6.7;
“Business Customer”: any customer that is ordering or receiving Goods (and Services) whilst acting
in the course of his trade, business, craft or profession;
“Charges”: has the meaning set out in Condition 6.1;
“Conditions”: means these Terms & Conditions of Sale;
“Contract”: contract under which we will supply Goods (and Services) to you pursuant to, in
accordance with and subject to the Conditions and any Relevant Agreement;
“Delivery Point”: means the coupling between our road vehicle or the delivery arm coupling at the
applicable loading terminal and the inlet to the Storage tank, road vehicle, container or other
vehicle tank provided by you;
“Goods”: any goods that we agree in a Contract to supply to you;
“Good Industry Practice”: the exercise of such high degree of skill and care as would reasonably be
expected from an appropriately skilled and experienced person with expertise in the relevant area,
including the handling of and dealing with goods the same as or similar to the Goods;
“Insolvent”: you are unable to pay your debts as they fall due or you are, or become, the subject of
any insolvency procedure (for example, without limitation, receivership, liquidation, administration,
voluntary arrangements (including moratorium) and bankruptcy) or any application or proposal for
an insolvency procedure;
“Relevant Agreement”: additional terms, conditions and/or specifications that apply to the
Contract, whether by variation under Condition 2.2 or under a separate agreement which we have
entered into with you (and which incorporates these Conditions by reference);
“Services”: means: (i) the delivery of the Goods by us (or a third party on our behalf) to you; (ii)
making the Goods available to you for collection; and/or (iii) such other services as we may agree in
a Contract to provide to you from time to time, as appropriate.
“Storage”: means any storage tank provided by you at any designated premises;
“we”, “us” or “our”: Compass Energy Limited, company number 11722522, registered office 6
Drakes Meadow, Penny Lane, Swindon, Wiltshire, England, SN3 3LL; and
“you” or “your”: the person, company or other type of organisation that enters into a Contract to
purchase Goods (and Services) from us

1.2 In these Conditions: references to the singular include the plural and vice versa; reference to
one gender is to any gender; reference to a statute or statutory instrument is to as it is in force for
the time being and includes any amendment, extension, application or re-enactment and any
subordinate legislation made under it; headings do not affect the interpretation of these Conditions;
and the term “including” shall be construed without implying limitation (and variants of “including”
shall be interpreted accordingly).

2. Basis of Sale

2.1 Subject to Conditions 2.2 and 2.3, these Conditions apply to all Contracts and set out the
whole agreement between you and us to the exclusion of all other terms and conditions. Any terms
or conditions which you put forward (whether endorsed on, delivered with or contained in your
purchase order(s) or included in any other documents) do not form part of any Contract and any
attempt by you to exclude, vary or limit any of these Conditions shall be void. You must ensure that
you read and understand these Conditions because they will govern your dealings with us once a
Contract is formed as set out below.

2.2 Any variation to these Conditions, and any representation about the Goods and/or Services,
shall have no effect and shall not form part of the Contract unless agreed in writing by us, acting
through one of our authorised employees (which do not include any of our telephone sales staff). If
you have any particular requirements then you must make them clear at the time you place your
order and if (at our discretion) we agree to meet those requirements then we will provide you with
confirmation in writing.

2.3 Subject to Condition 2.4, we may provide you with a quotation for the Goods (and the related
Services) in person, by phone or in writing (including by email). A quotation so provided is valid only
on the same day as it is communicated to you, provided that we do not withdraw it (which we are
free to do at any time). Where we quote a price for the Goods we shall provide you with a price per
litre which excludes VAT (the “Unit Price”). The Unit Price is intended to assist you in making
comparisons between different suppliers and to provide an indication as to what we may invoice
you should you subsequently take more or less than the volume of Goods which you ordered. Unless
we expressly state otherwise, the Unit Price includes the costs of providing the related Services
(subject always to any Priority Charges which may apply, as described in Condition 6.6).

2.4 If we agree an alternative pricing formula with you in respect of the Goods then we shall apply
that formula to the volumes of Goods delivered.

2.5 If you place an order with us (pursuant to a quotation or otherwise) then that order is an offer
from you to us to enter into a Contract which we are free to either accept or reject at our discretion.
A Contract is formed (and these Conditions become binding on you) when we either: (a) confirm to
you (either orally or in writing) that we have accepted your order or (b) commence performance of
the Services, whichever is the earlier. Each order which you place and which is accepted by us shall
form a separate Contract between us.

3. Description

3.1 The description of the Goods (and Services) shall be as set out in our quotation and/or
delivery documentation. If you have any general comments or queries regarding the Goods (and/or
Services) then you must raise these issues when placing your order.

3.2 We may, at any time and without notice to you: (i) change any of the advertising or product
information materials referred to in Condition 3.1; (ii) make changes to the specification of the
Goods that we believe are necessary to ensure that they conform to any applicable safety or
statutory requirements; and/or (iii) make minor modifications to the specification of the Goods that
we consider necessary or desirable (and which should not have any material adverse effect on the
performance of the Goods).

4. Delivery

4.1 Unless otherwise agreed in writing, we will deliver the Goods to you at your premises or (if
different) the address which you have specified for delivery at the time of quotation.

4.2 Delivery of the Goods (and performance of the Services) will be deemed to have taken place
as follows:
(a) when it passes the Delivery Point; or
(b), when the Goods are off-loaded from the delivery vehicle (or at such point as the Goods are
collected by you); or
(c) when Goods are collected by you from us.

4.3 We will take reasonable steps to deliver the Goods by the date specified at the time of
quotation or, if none is specified, within a reasonable period of time. However, any delivery dates
are estimates only and we cannot guarantee that the Goods will be delivered on or by any particular
date or time. Please be aware that our business is subject to marked seasonal fluctuations in
demand and that during the winter months in particular we can be subject to the twin pressures of
markedly increased demand and poor driving conditions so that you must allow extra time for
deliveries and factor this into the orders which you place.

4.4 We may deliver the Goods (and perform the Services) in one or more separate instalments. If
we choose to deliver in instalments for operational reasons then we will not charge you extra
delivery costs for this. Each instalment will be invoiced and must be paid for separately and in
accordance with the provisions of the Contract. Each separate instalment shall be a separate
Contract. If there is an issue with one instalment and you are entitled to cancel the same then that
will not entitle you to cancel any other Contract or instalment.

4.5 You must in respect of each delivery of the Goods:
(a) ensure that all necessary arrangements are put in place for the safe acceptance of each delivery
including (without limitation) providing adequate and appropriate equipment for accepting delivery,
ensuring delivery and storage access is clear and available (noting that delivery vehicles are both
larger and heavier than private cars) and ensuring that sufficient storage capacity is available, is safe
and suitable for the Goods, is clearly marked with product name (grade), safe working capacity and
identification number, is provided with a safe means to check volume in tank before and during
delivery and complies with any and all applicable laws and regulations;
(b) not mount any vehicle used by us (or on our behalf) for the delivery of the Goods and we may
stop the relevant delivery if you attempt to do so;
(c) indicate to us the correct fill point in respect of your tanks (and note that we are not responsible
for dipping, checking or testing your tank(s) unless specifically requested to do so, in which case we
will require you to sign a safe discharge form);
(d) in the case of motor spirit, (i) ensure that you are properly licensed by the appropriate local
authority to store motor spirit; (ii) ensure that the connecting hose is properly and securely
connected to the filling point; and (iii) observe all the conditions of your Petroleum Spirit Storage
Licence (if any) and not allow any smoking, naked lights, fires, stoves, or heating appliances of any
description in the vicinity of the storage and the fill dip and vent pipes connected to it;
(e) inspect and check (to the extent reasonably practicable) the Goods to ensure that they conform
to the Contract and ensure that your authorised representative signs a delivery note (or equivalent
documentation provided by our delivery agent) to confirm the Goods are as ordered and
undamaged;
(f) raise any issues regarding the safety or suitability of your storage facilities and/or tank before we
commence delivery (ensuring that any out of service equipment is clearly marked and isolated);
(g) in any event, act sensibly and with all due care and caution in relation to the Goods (and receipt
of the Services), acknowledging that there are health and safety issues inherent in receiving and
storing the Goods, which if handled incorrectly can be dangerous. If you are collecting the Goods
from us then you must ensure that you comply with our policies and procedures regarding access to,
and conduct at, our premises; and
(h) where the Carriage of Dangerous Goods and Use of Transportable Equipment Regulations
2009/134B and/or any regulations amending or replacing the same apply, ensure that such
regulations are complied with before and during delivery.

4.6 Please note that where we are delivering highly flammable Goods or other similar Goods to
you it is important (for your safety and for the safety of our staff making the deliveries) that you are
aware of and are complying with any and all applicable laws and regulations in relation to the health
and safety risks associated with such goods. If you are unsure as to the obligations referred to above
regarding the safe storage and receipt of the Goods then it is your responsibility to raise these
concerns with the health and safety department at your local council who should provide you with
the information you require. Please note the health and safety information printed on your delivery
note. If we believe that it would be unsafe to make a delivery of Goods to you then we may suspend
the relevant delivery unless or until we are satisfied (acting reasonably) that it would be safe for us
to proceed.

4.7 We shall record the delivery date, quantity and description of the Goods delivered (and
Services provided) to you, and such records shall, in the absence of evidence to the contrary, be
deemed to be conclusive proof as to the date of delivery and the volume and type of Goods
delivered (and Services performed). If you believe that the information which we have recorded, and
which is set out on your delivery notice or invoice, is incorrect then you must notify us in writing
providing full details of any disputed element(s) as soon as is reasonably practicable and, in any
event within 7 days of the date of receipt of the relevant delivery note or invoice.

4.8 We will invoice you for the volume of Goods actually delivered (as determined in accordance
with Condition 4.7), provided that we will not (without your prior consent) deliver more Goods than
the ordered volume. We will always try to deliver the agreed volume of Goods, but if we are unable
to do so (for example, if we find on delivery that: we are unable to safely access the tank; we deem
the tank to be unsafe; or there is less space available in your tank than the ordered volume of
Goods) and you have paid for the ordered Goods in advance then we will refund (on a pro rata basis
utilising the Unit Price) a sum to you to reflect the lower volume of Goods actually delivered
(though, unless the failure to deliver the ordered volume was caused by our default, any Priority
Charge or other specified call-out charge(s) shall apply as quoted as these are charged on a ‘per
delivery’ basis). For the avoidance of doubt, where a second delivery is required to fulfil the original
order, a Priority Charge may be payable (where urgent delivery is requested in accordance with
Condition 6.6) unless the failure to deliver the ordered volume at the initial delivery was caused by
our default.

4.9 If for any reason (other than our failure to comply with these Conditions): (i) you fail to accept
delivery of any of the Goods when they are ready to be delivered; (ii) you fail to collect the Goods
when they are ready for collection; (iii) you wish to delay delivery, or (iv) we are unable to deliver
the Goods because of some act or omission on your part then:
(a) we shall have no liability to you for late delivery;
(b) we may store the Goods until actual delivery, and you will be liable to pay a reasonable sum for
all related costs and expenses (including, storage, insurance and re-delivery costs) that we may
incur; and/or
(c) we may deliver the relevant Goods to another customer which may mean that our ability to
subsequently deliver replacement Goods to you may be delayed.

4.10 If you become aware that the wrong or defective Goods have been delivered then you must
stop using those Goods with immediate effect and notify us as soon as practicable regarding the
same. We will contact you to arrange collection of the goods or to reach an alternative agreed
solution appropriate to the circumstances.

4.11 Following receipt of a notice from you in accordance with Condition 4.10, we shall, either (i)
remove the relevant Goods and replace them with the correct Goods, or (ii) issue a credit note or
refund to you in respect of the relevant Goods applying the Unit Price. We shall determine which
option is to be taken, and our liability to you in respect of that Contract shall be limited to our
undertaking our chosen option.

4.12 Subject to Condition 4.9, if we fail to deliver the Goods by any agreed delivery date, or if no
date has been agreed, within a reasonable time frame, then you may call us and cancel your
Contract provided that if you do cancel the Contract in this manner then (in the absence of any
default on our part) you shall have no claim against us under that Contract in respect of any failure
to deliver.

5. Risk and Title

5.1 You shall be responsible for the Goods from the time of delivery. Ownership of the Goods
shall pass to you when we receive (in cash or cleared funds) payment in full of all sums due for the
Goods.

5.2 Until ownership of the Goods passes, you shall:
(a) store the Goods (at your own cost) in accordance with these Conditions, Good Industry Practice
and any applicable laws and regulations;
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition, keep them insured on our behalf for their full price
against all risks for which a prudent owner would insure them and provide us with a copy of the
insurance policy on request; and
(d) deliver up the Goods to us promptly on demand.

5.3 You may resell the Goods before ownership has passed to you if such sale is a sale of the
relevant Goods on your own behalf dealing as principal in the ordinary course of your business at full
market value.

5.4 Your right to possession of the Goods shall terminate immediately if you:
(a) become Insolvent;
(b) suffer or allow any execution (legal or equitable) to be levied on your property or to be obtained
against it;
(c) suspend, cease or threaten to cease to carry on all or substantially the whole of your business; or
(d) any event or procedure is taken, with respect to you, in any jurisdiction to which you are subject
that has a similar or equivalent effect to any of the events listed above, and you shall immediately
notify us if any of the events set out in this Condition 5.4 occur (or are likely to occur).

5.5 We are entitled to recover payment for the Goods in accordance with these Conditions
notwithstanding the fact that ownership of the Goods may not have passed to you at that time.

5.6 You hereby grant us, our agents and employees an irrevocable licence to access and enter any
premises to which the Goods are to be delivered and to where the Goods may be stored at any time
to inspect them or (where your right to possession has ended) to recover them.

5.7 If any of the events listed in Condition 5.4 occur before title to the Goods passes to you or if
we reasonably believe any such event is about to occur and we notify you accordingly then, in
respect of the Goods which remain in your possession, you will deliver up the Goods to us upon
request and/or we may exercise our rights under Condition 5.6.

5.8 If we repossess any Goods or you deliver up any Goods, in accordance with these Conditions,
the Contract(s) in respect of those Goods shall be cancelled.

6. Charges

6.1 Unless otherwise agreed, the Unit Price will include the costs of delivery (subject to Condition
6.6 where appropriate). The Unit Price given will be exclusive of VAT. The Charges are exclusive of
any Additional Charges which may apply.

6.2 The Unit Price is based on the cost of materials, labour, sub-contracts, transport, exchange
rates, the volume of Goods ordered, taxes and duties, levies and all other relevant costs, together
with our margin as at the date the prices are communicated to you.

6.3 You acknowledge that the Goods are a commodity product and as such the price at which we
are able to source the Goods and certain associated costs (such as transport) are subject to a
considerable degree of fluctuation, often over very short timescales. We therefore reserve the right
to vary the Unit Price by giving notice to you (which may be given in writing, by email, telephone or
SMS) at any time prior to delivery, to take account of any variation (howsoever arising) in these costs
or the imposition or revision of any applicable rates, taxes, duties or levies between the date the
prices were provided and the delivery date.

If we revise the Unit Price pursuant to this Condition 6.3 and as a result of the new Charges which
will apply you no longer wish to receive the relevant delivery then you must inform the person
undertaking the delivery (or if you are not present when the delivery takes place, promptly within 2
business days of your receipt of the delivery note) that you wish to cancel the Contract. Provided
that you give such notice (which may be given in writing, by email, telephone or SMS), and you make
available to us any Goods which have been delivered, then we will have an option to either: (i)
confirm the Contract at the original Unit Price and invoice you accordingly or (ii) confirm that the
Contract is cancelled and remove our Goods at no charge to you (and you must provide us with the
necessary access to the relevant Goods to enable us to remove the same). We will invoice you (using
the original Unit Price) in respect of any Goods used in the period between your giving a cancellation
notice and our collecting the Goods.

6.5 Late Payment Surcharge: if you fail to pay any Charges in accordance within the timescales set
out in Condition 7.1 then by way of compensation to us for the costs we reasonably incur due to
your failure to comply with the payment terms we may require you to pay a late payment surcharge.
The late payment surcharge will be a reasonable amount to reflect our costs and we may apply this
charge automatically if you are late in paying the relevant Charges.

6.6 Priority Charge: if you should require an urgent delivery of Goods then you may request that
we undertake a priority delivery of the required Goods. If we are willing and able to make a priority
delivery then we will use our best efforts to undertake a delivery to you by the agreed delivery date.
This Service is subject to your paying (in addition to the Charges) the relevant Priority Charge quoted
to (and accepted by) you at the time you place an order for an urgent delivery. If we are unable to
make a delivery by the agreed delivery date then you will not be charged the Priority Charge (or it
will be refunded to you if charged in advance).

6.7 Card Processing Charges: If you choose to pay any Charges using a credit card then we reserve
the right to charge you a reasonable card processing fee (as detailed on your payment invoice) to
cover our costs and the fees we incur from the credit card companies. Any credit card charge will be
made clear to you at the time of order. There are no card processing charges in respect of payments
made via debit cards.

6.8 Failed Delivery Charge: if we are unable to complete a delivery of the ordered Goods due to
some default on your part (including, in circumstances where you fail to cancel an order following
the delivery of goods from an alternative supplier) then we may, at our option, charge you a “Failed
Delivery Charge” which will be a reasonable reflection of the cost to us in seeking to fulfil your order.

7. Payment

7.1 Unless otherwise notified to you, you will pay each of our invoices (in respect of the relevant
Charges and any Additional Charges) within 14 days of the date of the invoice. However, we may
require you to pay the Charges in advance at the time you place the relevant order (and any
Additional Charges in accordance with the payment terms set out in this Condition).

7.2 If we require (further) security from you in connection with the performance and discharge of
your obligations under any Contract or for any other reason we consider reasonable then you will
use your best endeavours to ensure that any additional security we require (including a third party
guarantee) is promptly provided.

7.3 We shall be deemed to have received payment under the Contract only on receipt of cash or
cleared funds from you. All sums properly due and payable to us under a Contract shall become due
immediately upon its termination.

7.4 You shall make all payments due under the Contract in full without any deduction whether by
way of set-off, counterclaim, discount, abatement or otherwise (except as may be required by court
order).

7.5 Without limiting any other rights or remedies we may have, if you do not pay us on time
(and/or if any of the events in Condition 5.4 occur), we may do all or any of the following:
(a) cancel or suspend the Contract (and any other Contracts we have with you) and/or any
outstanding quotations;
(b) cancel any discount we previously offered to you under the Contract;
(c) without notice suspend or cancel delivery of the Goods (and/ or performance of the Services)
under the Contract, and any other Contract, until you pay the outstanding amounts in full; and/or
(d) charge interest on the outstanding amount, calculated on a daily basis from the due date for
payment up to the date of actual payment. You must pay us this interest together with the overdue
amount. The rate of interest shall be determined in accordance with the Late Payment of
Commercial Debts (Interest) Act 1998.

8. Your Liability to Us and Our Liability to You

8.1 You shall be liable to pay us (on written demand) for, and indemnify us against, all reasonable
costs and expenses and/or losses sustained or incurred by us (including any direct, indirect or
consequential losses, loss of profit or reputation, damage to property, loss of opportunity to deploy
resources elsewhere, and legal costs) which arise in connection with your fraud, negligence or a
material breach of the Contract.

9. Warranties

9.1 We warrant that the Services will be performed with reasonable skill and care and that the
Goods are free from material defect at the time of delivery and unless otherwise agreed in writing
we give no other warranty in respect of the Goods or Services and all warranties, conditions and
other terms implied by statute or common law (save for the condition implied by section 12 of the
Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

9.2 Without limiting Conditions 9.3 and 9.4, if the relevant Goods do not conform with the
warranty in Condition 9.1 we shall at our option replace such Goods or issue a credit note or refund
to you at the Unit Price (plus VAT), provided that you must give us: (i) written notice of any alleged
breach of warranty within one week of the time when you discover or ought to have discovered such
breach; and (ii) a reasonable opportunity, after receiving the notice, to examine the relevant Goods.

9.3 The warranties in Condition 9.1 shall not apply to any defect which arises as a result of your
(or any third party’s) negligence, failure to follow our instructions as to the storage, use or
maintenance of the Goods (or (for Business Customers only) to comply with Good Industry Practice)
or if you make any further use of the Goods after identifying that there is any issue with them, if you
alter, modify, mishandle or try to remedy such Goods without our prior consent or fail to adopt
Good Industry Practice in handling and using the Goods.

9.4 If we comply with our obligations under Condition 9.2 we shall have no further liability to you
in respect of such Goods.

9.5 These Conditions shall apply equally to any replacement Goods we supply to you pursuant to
Condition 9.2.

10. Limitation of Liability

10.1 Subject to Conditions 10.2 and 10.4, if there is any breach of the Contract, neither you nor we
shall be responsible for any losses that the other suffers as a result, except for those losses which are
direct losses.

10.2 Subject to Condition 10.4, neither you nor we shall be responsible for losses that result from a
failure to comply with the Contract which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings; or
(e) any waste of time.
However, this Condition 10.2 shall not prevent claims for loss of, or damage to, your physical
property, where such losses or damage could reasonably have been expected to result from the
relevant breach.

10.3 Subject to Condition 10.4, our total liability to you in contract, tort (including breach of
statutory duty or negligence), misrepresentation, restitution or otherwise arising out of or in
connection with the performance or contemplated performance of the Contract shall be limited to:
(a) in relation to any damage to your physical property, a sum equal to 150% (one hundred and fifty
percent) of the Charges or £10,000 (whichever is the greater); or
(b) in relation to any other claim, a sum equal to 125% (one hundred and twenty five percent) of the
Charges or £5,000 (whichever is the greater).

10.4 Nothing in the Contract (including anything in these Conditions) excludes or limits in any way
our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by law that we own the Goods and that we are able to pass
ownership of those goods to you (under section 12 of the Sale of Goods Act 1979 and section 2 of
the Supply of Goods and Services Act 1982); or
(d) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude
our liability.

11. Events outside our reasonable control

11.1 Subject to Condition 10.4, we will not be liable or responsible for any failure to perform, or
delay in the performance of, any of our obligations under the Contract that is caused by events
outside our reasonable control (these are referred to as “Events”).

11.2 An Event includes any act, event, non-occurrence, omission or accident beyond our
reasonable control and includes, in particular (without limitation), the following: acts of God,
governmental action, war or national emergency, acts of terrorism, protest, riot, civil commotion,
fire, explosion, flood, epidemic, pandemic labour disputes (other than in relation to our own
workforce) or restraint or delay affecting our delivering agents or inability or delay in obtaining the
Goods.

11.3 Our obligations under the Contract are suspended for the period that the Event continues,
and we will have an extension of time to perform these obligations for the duration of that period.
We will take reasonable steps to bring the Event to a close or to find a solution by which our
obligations under these Conditions can be performed despite the Event.

11.4 If we suffer any temporary interruptions or shortages in supply (whether or not due to an
Event) then both you and we will use our reasonable efforts to minimise any adverse impact. If we
need to ration or allocate our available supplies of the Goods then we will do so fairly having regard
to the circumstances. You acknowledge that in such circumstances we may allocate supplies to
public utilities and emergency services before Goods are rationed and allocated to other customers.

12. Cancellation and returns

12.1 You have the right to cancel a Contract by serving written notice on us at any time prior to
our carrier leaving our premises to fulfil your order (or in the case of collections, prior to delivery)
provided that we reserve the right to charge you a reasonable sum in respect of any Goods held
specifically to meet the Contract, or which we are committed to acquire or hold ready to supply
under the Contract, and/or for any costs associated with the cancellation, subject to us using our
reasonable efforts to allocate such Goods elsewhere and otherwise to mitigate our losses.

12.2 We will accept the return of Goods from you provided that you pay our reasonable costs
incurred in receiving and checking the Goods (save where the Goods are defective and subject to
Condition 9) and the Goods are as fit for sale on their return as they were on delivery.

13. General

13.1 The provisions of Conditions 7, 8, 9 and 10 shall continue after the Contract has terminated.

13.2 Each right or remedy that we have under the Contract is without limit to any other right or
remedy we may have whether under the Contract or otherwise.

13.3 If any Condition is found by any court of competent jurisdiction to be unlawful, invalid or
unenforceable to any extent then it shall, to that extent only, be removed from the remaining
Conditions, and the remainder of such Condition, which shall continue in full force and effect.

13.4 If a court of competent jurisdiction decides that a Condition cannot be removed (in whole or
in part) then it is agreed that the relevant Condition shall be replaced with a legal, valid, enforceable
and reasonable provision which achieves, to the greatest extent possible, the same effect as the
original Condition.

13.5 If we fail or delay in enforcing any provision of the Contract, or fail to insist that you comply
with any of your obligations, this shall not mean that we have waived any of our rights under the
Contract and that you do not have to comply with your obligations. Any waiver by us of any breach
of, or any default under, any provision of the Contract by you shall be effective only if given in
writing and it shall not be deemed to be a waiver of any subsequent breach or default and shall in no
way affect the other provisions of the Contract.

13.6 A person who is not party to the Contract shall have no rights under or in connection with
the Contract (and this includes pursuant to the Contracts (Rights of Third Parties) Act 1999).

13.7 All Contracts for the supply of Goods (and provision of the Services shall be governed by
English law and shall be subject to the exclusive jurisdiction of the English courts.

13.8 Unless a Condition expressly provides otherwise, all communications between the parties
about the Contract, including any notices to be sent or received under the Contract, must be in
writing, sent to the other party’s registered office and signed by an authorised representative.
Notices shall be deemed served on delivery if delivered by hand, 48 hours after posting if sent by
post and on completion of transmission if sent by email or facsimile.
Data Protection & Credit Checks

13.9 In assessing your application for credit, to prevent fraud, to check your identity and to
prevent money laundering, we may ask our credit intelligence partners (as we may engage from
time to time) and our credit insurers to run a credit check on your business. We may also disclose
details of how you conduct your account to such companies. This information may be used by other
credit intelligence companies for making credit decisions about your business, you, and the people
with whom you are financially associated, for fraud prevention, money laundering prevention and
occasionally for tracing debtors. Information used for these purposes will include publicly available
information such as corporate accounts and county court judgments.

13.10 We may perform a check on you if you are an individual associated with a Business Customer,
such as company director. We do this in order to prevent fraud, to check your identity, to prevent
money laundering and for account management purposes. Information used for these purposes will
include publicly available information such as the electoral roll, county court judgments, assets
registered in your name on public registers, such as the Land Registry, bankruptcy orders and
repossessions. We shall not carry out these checks without obtaining your prior consent.

13.11 Marketing: We may use the personal information you provide to us to provide you with our
Goods and Services, and may also use it to inform you, by letter, fax, phone, SMS and email about
promotions, news and new products and services that we think may be of interest to you. We will
only use your information for this purpose in accordance with applicable law. More information on
our approach is available in the Privacy Policy section of our websites.

 

 

Head Office

Compass Energy Limited
Bowman House, Bowman Court
Whitehill Lane
Royal Wootton Bassett
Wiltshire SN4 7DB

©2023 Compass Energy Company Reg no. 11722522 VAT 312177434. Designed by TLA.

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