PRIORITY CLUB TERMS AND CONDITIONS
Your attention is drawn in particular to clause 5.2, which specifies the minimum term of the contract; to clause 10.5 which specifies the early termination fee which will be charged if you wish to terminate before the end of your minimum term and to clause 15 which specifies the limits of our liability to you.
- THESE TERMS1.1What these terms cover. These are the terms and conditions on which NWF Fuels Limited (“us,” “our”, “we” or “NWF Fuels”), provides the NWF Fuels Priority Club (the “Priority Club”). We may, from time to time, trade under different trade names however where we do so, this will not affect the identity of the company that you enter into a contract with, which shall be NWF Fuels Limited.
1.2 Why you should read them. Please read these Terms carefully before you apply to become a Priority Club Member (as defined below in clause 3.1). These Terms tell you who we are, how we will provide the Priority Club Service (as defined below in clause 3.1) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions relating to these Terms, please contact us at priority@nwffuels.co.uk or in the manner indicated on the ‘Contact Us’ page of our Website (as defined below in clause 3.1), which includes completing the contact form.
1.3 To whom do these Terms apply. These Terms will apply to any contract for the provision of the Priority Club Service to you. Separate terms and conditions of supply apply in relation to any Fuel ordered by you. Such terms and conditions of supply can be found on our Website using the link https://www.nwffuels.co.uk/terms-conditions/.
1.4 Changes to these Terms. We may, at our discretion, revise these Terms (which shall include making a change to the Priority Club Subscription, as defined in clause 3.1 below) at any time by notifying you in writing and displaying the updated Terms on the Website. If we do so, any updated Terms will be effective from the next Renewal Period (as defined below in clause 3.1). If you do not agree to any of the updated Terms, you may contact us to end the contract immediately before the changes are due to take effect in accordance with clause 10.2.1.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. NWF Fuels Limited is a limited company registered in England and Wales under company number 1117133, with its registered address at Wardle, Nantwich, Cheshire CW5 6BP. Our registered VAT number is 278838788.
2.2 How to contact us. You can contact our Priority Club enquiry team at priority@nwffuels.co.uk or in the manner indicated on the ‘Contact Us’ page of our Website.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application for Priority Club Services.
2.4 What we do. We are a fuel, lubricants and AdBlue distributor operating from 25 depots across England and Wales. We operate a fleet of over 150 tankers, delivering to homes, farms and industry for over 120 years.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
- DEFINITIONS USED IN THESE TERMS3.1Definition of certain words used in these Terms:In these Terms references to the following shall mean:3.1.1 “Application Acknowledgement” shall have the meaning set out in clause 4.1;
3.1.2 “Device” the NWF Fuels tank telemetry unit supplied by us as part of the Priority Club Service;
3.1.3 “Fuel” means heating oil, white diesel, red diesel or AdBlue;
3.1.4 “Minimum Term” a minimum period of 12 months from the Start Date;
3.1.5 “Priority Club Member” a person registered with us in order to benefit from Priority Club Service and other associated services (as notified by us to you in writing);
3.1.6 “Priority Club Service” includes the supply and installation of the Device, remote monitoring of your Fuel usage by us and automatic re-ordering of Fuel on your behalf. Full details of the Priority Club Service is provided here;
3.1.7 “Priority Club Subscription” the fees payable by you to us for the supply of the Priority Club Service to you, details of which are included in clause 6 of these Terms;
3.1.8 “Renewal Period” – shall have the meaning set out in clause 5.2;
3.1.9 “Start Date” shall have the meaning set out in clause 4.1;
3.1.10 “Website” means www.nwffuels.co.uk (as such site may be updated by us from time to time); and
3.1.11 “Welcome Email” shall have the meaning set out in clause 4.1.
4. OUR CONTRACT WITH YOU
4.1 How the contract is formed between you and us. To become a Priority Club Member, you will need to apply for an account by calling us. There is also a form on the Website which allows you to register an interest to become a Priority Club Member. Where you have registered an interest with us via the Website, one of our representatives will be in touch to give you further information about the Priority Club Service and provide details on how to apply. After you have spoken with us and have applied to become a Priority Club Member, you will receive an email from us acknowledging that we have received your application and setting out the details of the application (“Application Acknowledgement”). However, please note that this does not mean that your application has been accepted. Your application is a request to become a Priority Club Member and no contract exists between you and us at this point. The contract between you and us will be formed at the point when we notify you (whether in writing or otherwise) that the Device has been installed by us at your premises in accordance with clause 7.1 (“Start Date”). Shortly after the Start Date, we will send you an email providing further information about, amongst other things, the benefits of being a Priority Club Member (“Welcome Email”).
4.2 You must ensure that we have accurate information about you. You must provide accurate and complete information when applying for an account (including in relation to yourself and your storage tank) and keep that information up to date at all times. If you are moving home, you must provide us with at least 1 month’s prior written notice. In such circumstances, we will get in touch with you to discuss your Priority Club Service account, explore what options may be available to you to service your Fuel requirements at your new home (if required) and notify you of the date that we will stop providing the Priority Club Service to you at your current home and when the contract between us comes to an end. At the end of the contract, we reserve the right to collect the Device in accordance with clause 11.2 and you shall immediately pay to us any outstanding debit balance on your membership account (as notified by us to you).
5. NWF FUELS PRIORITY CLUB SERVICE
5.1 Costs of the Priority Club Service. The costs of the Priority Club Service are as set out in clause 6.
5.2 How long will the Priority Club membership last. Membership of the Priority Club will commence on the Start Date and shall continue for the Minimum Term. Unless you notify us in accordance with clause 5.3 or these Terms are otherwise terminated earlier in accordance with these Terms, these Terms shall automatically extend for further consecutive periods of 12 months (each a Renewal Period) at the end of the Minimum Term and at the end of each Renewal Period.
5.3 Automatic Renewal of your Priority Club membership. As set out in clause 5.2 above, your membership of the Priority Club shall automatically extend at the end of the Minimum Term and at the end of each Renewal Period (as applicable). If you do not wish for your membership of the Priority Club to automatically extend at the end of the Minimum Term or the relevant Renewal Period (as the case may be), you must notify us in writing not later than 14 days before the end of the Minimum Term or the relevant Renewal Period (as applicable) to end your membership of the Priority Club.
5.4 Our right to make changes. We may make changes to the Priority Club Service at any time to reflect changes in relevant laws and regulatory requirements and to implement technical adjustments and improvements. If any proposed change(s) will have a materially detrimental effect on the quality of the Priority Club Service, we will notify you in advance of the change(s) being made.
6. PRICE AND PAYMENT
6.1 Where to find the price for the Priority Club Service. The price of the Priority Club Service (which includes VAT) will be the price indicated when you submitted your application for an account and as confirmed by us in writing in the Application Acknowledgement. We will provide details of any change to the Priority Club Subscription prior to the next Renewal Period (which will be effective from the start date of such Renewal Period).
6.2 How the amount of your direct debit for the Fuel will be determined. With the Priority Club Service, we spread the cost of your Fuel bill over the year so you will need to set up a direct debit. Please refer to your Welcome Email for important facts on the operation of your direct debit. Your direct debit may change if the price of the Fuel increases or if we review your payment and Fuel orders and you have been supplied with more Fuel than you have paid for.
6.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Priority Club Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Priority Club Service in full before the change in the rate of VAT takes effect.
6.4 When you must pay and how you must pay. Payment must be made by direct debit monthly in advance. The Priority Club Subscription fees will be added to the monthly payment for goods and services associated to the supply of Fuel.
6.5 When a scheduled payment has been unsuccessful. The payment will be re-presented to the bank within 30 days of the failed payment date. Should the re-presented payment also fail, this will result in suspension of the Priority Club Service until payments are brought up to date and we may charge you an administration fee in such circumstances (further details of which are included in the Welcome Email).
7. INSTALLATION OF THE DEVICE
7.1 When will installation take place. Following your application to become a Priority Club Member, your Device will be scheduled for installation by one of our approved installers. We endeavour to notify you in advance to arrange a mutually beneficial date to install. We may require your Wi-Fi details to activate the Device.
7.2 How will the Device be installed. The Device will be installed by an approved installer. The Device will be mounted at the top of your storage tank and secured into the telemetry aperture. If there is an existing device installed in this aperture, the installer will replace the existing device with the Device. If this is not possible, a new aperture will be drilled into the tank for safe and proper installation. The installer may require your Wi-Fi details, including password, to set up and maintain the Device’s connectivity. If the Wi-Fi signal is not sufficient to reach the storage tank, a home Wi-Fi extender device may be required. The purchase and installation of the Wi-Fi extender is your sole responsibility. If your Wi-Fi signal does not meet our minimum requirements (as notified by us to you from time to time), this may lead to discrepancies with the Device and/or the Priority Club Service.
7.3 Your obligations. During the term of your contract with us, you shall:
7.3.1 use the Device properly, sensibly and in accordance with these Terms and our written instructions and directions;
7.3.2 permit us, or our authorised representatives, at all reasonable times to enter the premises where the Device is located to inspect and test the Device;
7.3.3 notify us promptly if the Device is (or appears to be) faulty, damaged or stolen.
7.3.4 ensure that at all times your storage tank is fit for purpose. In particular, the storage tank must not be damaged and must comply with the directions notified by us from time to time. A failure to ensure that your storage tank is fit for purpose may lead to discrepancies with the Device and/or the Priority Club Service.
- ACCESS TO DIGITAL CONSUMPTION CHART8.1 Your username and password. To access your digital consumption chart through our mobile application (App), you will need a username and password. You will either be provided with the username and password by the Device installer or be asked to create an account on the App. It is your responsibility to keep this information private and not to disclose it to any other person. If you think that somebody else might know your username or password, then you must log in to your account and change these details as soon as possible.8.2 We may disable your account.We may disable your account at any time if you fail to comply with any of these Terms or if we consider (at our absolute discretion, acting reasonably) that there may be a security risk.
8.3 Use of the App. The App is operated and managed by a third party. Use of the App is subject to separate terms and conditions which are displayed within the App.
9. PROVIDING THE PRIORITY CLUB SERVICE
9.1 We are not responsible for delays outside our control. If our supply of the Priority Club Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under these Terms that is caused by any event that is outside of our reasonable control. An event outside of our control may include, for example, fire, flood, explosion, earthquake, subsidence, epidemic or pandemic (including Coronavirus and any potential mutations or variants of the disease), other natural disaster, or failure of public or private telecommunications networks. If the delay continues for a period of more than 1 month, you may contact us to end the contract and receive a refund for any Priority Club Service you have paid for but not received.
9.2 If you do not allow us access to provide the Priority Club Service. If you do not allow us access or we cannot gain access to your property to perform any part of the Priority Club Service as arranged (and you do not have a good reason for this) we may charge you additional costs reasonably and properly incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property, we may end the contract and clause 12.2 will apply.
9.3 When you become responsible for the Device. You are responsible for loss of or damage to the Device from the time we install the Device onto your storage tank and you shall notify us in accordance with clause 7.3.3 if the Device is (or appears to be) faulty, damaged or stolen. In such circumstances, we will use our reasonable efforts to repair or replace the Device (as determined by us at our absolute discretion) as soon as is reasonably practicable. Any associated costs shall be borne solely by you (except where any fault and/or damage is caused by us, in which case we shall be responsible for such costs).
9.4 Ownership of the Device. Title to the Device shall not pass to you until the contract for the Priority Club Service has been in effect for a period of 3 years or longer. Until such time has passed, title to the Device shall remain with us. Your right to use the Device will end when your membership to the Priority Club Service ends. If title to the Device has not passed to you at the end of your membership of the Priority Club Service, we reserve the right to collect the Device from you and clause 11.2 shall apply.
9.5 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Priority Club Service to you. We will contact you to ask for this information in accordance with clause 2.3. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Priority Club Service late, or not supplying any part of the Priority Club Service, if this is caused by you not providing the information we need within a reasonable time of us asking for it.
9.6 Reasons we may suspend the supply of the Priority Club Service to you. We may suspend the supply of the Priority Club Service to you to:
9.6.1 deal with technical problems or make minor technical changes to the Device;
9.6.2 update the Priority Club Service (including the Device) to reflect changes in relevant laws and regulatory requirements; or
9.6.3 make changes to the Priority Club Service (including the Device) as requested by you and agreed by us or where notified by us to you.
9.7 Your rights if we suspend the supply of the Priority Club Service. We will use all reasonable endeavours to contact you in advance to tell you we will be suspending supply of the Priority Club Service unless the problem is urgent or an emergency. If we must suspend the supply of the Priority Club Service for longer than 1 month in any calendar year we will adjust the Priority Club Subscription price so that you do not pay for the Priority Club Service while it is suspended. You may contact us to end the contract for the Priority Club Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the Priority Club Service in respect of the period after you end the contract.
9.8 We may also suspend supply of the Priority Club Service if you do not pay. If you do not pay us for the Priority Club Service when you are supposed to (see clause 6.4), we may suspend supply of the Priority Club Service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Priority Club Service. We will not suspend the Priority Club Service whilst we investigate any disputed unpaid invoice. We will not charge you for the Priority Club Service during the period for which it is suspended.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 You can always end your contract with us. Your rights when you end the contract will depend on how we are performing and when you decide to end the contract. When you or we end the contract in accordance with these Terms, you shall immediately pay to us any outstanding debit balance on your membership account (as notified by us to you).
10.2 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at clause 10.2.1 to 10.2.4 below, the contract will end immediately and we will refund any sums you have paid in advance for the Priority Club Service in respect of the period after you end the contract. The reasons are:
10.2.1 we have told you about an upcoming change to the Priority Club Service or these Terms which you do not agree to;
10.2.2 there is a risk that supply of the Priority Club Service may be significantly delayed because of events outside our control and such delay continues for a period of more than 1 month in accordance with clause 9.1;
10.2.3 we have suspended supply of the Priority Club Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
10.2.4 you have a legal right to end the contract because of something we have done wrong.
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). As a consumer, for most services bought online or by telephone, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms. To exercise this right you must inform us of this in writing sent to priority@nwffuels.co.uk. You can use the cancellation form set out in Appendix A at the end of these Terms but it is not obligatory. By applying to become a Priority Club Member and agreeing to these Terms (including by arranging for installation of the Device) you agree to us providing the Priority Club Service with immediate effect from the Start Date.
10.4 How long do you have to change your mind? You have 14 days after the day the contract is formed between us in accordance with clause 4.1. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the Priority Club Service, you must pay us for the services provided up until the time you tell us that you have changed your mind.
10.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 10.3), you can still end the contract before it is completed by contacting us (see clause 11.1), but you may have to pay us a termination fee. If we are not at fault and you are not a consumer who has a right to change their mind, and you end the contract earlier than the expiry of the Minimum Term or a Renewal Period (as the case may be), we will refund any sums paid by you for the Priority Club Service or Fuel not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a termination fee. The termination fee shall represent an amount equal to the Priority Club Subscription for the remainder of the Minimum Term or the relevant Renewal Period (as applicable). Unless you tell us otherwise, we may charge your termination fee directly to the debit card (or collect from your bank account) which you have provided us with details of as part of your application to become a Priority Club Member and by accepting these Terms, you authorise us to do so. We will give you reasonable notice before making the charge.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)11.1 Tell us you want to end the contract.To end the contract with us, please let us know by contacting our customer service team at priority@nwffuels.co.uk or in the manner indicated on the ‘Contact Us’ page of the Website. If you are exercising your right to change your mind in accordance with clause 10.3, you can use the cancellation form set out in Appendix A at the end of these Terms but it is not obligatory.11.2 Collecting the Device after ending the contract. If you or we end the contract in accordance with these Terms after the Device has been installed and ownership of the Device has not passed to you in accordance with clause 9.4, we reserve the right to access your property where the Device is located in order to remove the Device from your storage tank and to take it back to the NWF Fuels local depot. Where we exercise such right, we will contact you in accordance with clause 2.3 to arrange a mutually agreed collection slot and you may be responsible for associated costs (see clause 11.4 for further details). We strongly recommend that you do not remove the Device from your storage tank yourself. If you do so, we will not be liable or responsible for any damage to your property or any other losses that you suffer or incur (including damage to the storage tank) and if you damage the Device, we will charge you a reasonable sum to compensate us.11.3 When we will be responsible for the costs of collection. We will be responsible for the costs of collection:11.3.1 if the Device is faulty or misdescribed; or
11.3.2 if you are ending the contract because we have told you of an upcoming change to the Priority Club Service or these Terms or there has been a delay in delivery of the services due to events outside our control for more than 1 month; or
11.3.3 because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay for the costs of collection (see clause 11.4 for more details).
11.4 What we charge for collection. If you are responsible for the costs of collection and we are collecting the Device from you in accordance with clause 11.2, we will charge you the direct cost to us of collection. The costs of collection will be £48 (inclusive of VAT).
11.5 How will we refund you. If you are entitled to a refund under these Terms, we will refund you by the method you used for payment. However, we may make deductions from the price, as described below.
11.6 When we may make deductions from you. If you are exercising your right to change your mind in accordance with clause 10.3, we may deduct from any refund due to you an amount for the supply of the Priority Club Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.7 When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within 30 days of your telling us you have changed your mind.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may end the contract at any time by writing to you (including by email) if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
12.1.2 you commit a serious breach of, or repeatedly breach, any provision of these Terms;
12.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Priority Club Service;
12.1.4 you do not, within a reasonable time, allow us to deliver the Priority Club Service or the Device to you; or
12.1.5 you do not, within a reasonable time, allow us access to your premises to supply any part of the Priority Club Service.
12.2 You must compensate us if you break the contract. If the contract is ended in the situations set out in clauses 4.2, 9.2 or 12.1, we will refund any money you have paid in advance for the Priority Club Service which we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.3 We may withdraw the Priority Club Service. We may write to you (including by email) to let you know that we are going to stop providing the Priority Club Service. The reasons for this may include us no longer providing Fuel deliveries to your area or because we are unable to communicate with your Device. We will let you know at least 1 month in advance of our stopping the supply of the Priority Club Service and will refund any sums you have paid in advance for the Priority Club Service which will not be provided.
13. IF THERE IS A PROBLEM WITH THE PRIORITY CLUB SERVICE
If you have any questions or complaints about the Priority Club Service, please contact our customer service team at priority@nwffuels.co.uk or in the manner indicated on the ‘Contact Us’ page of the Website.
14. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRIORITY CLUB SERVICE
14.1 We are under a legal duty to supply products (such as the Priority Club Service, the Device and the App) that are in conformity with the contract. In respect of the Device and the App which are ancillary to the Priority Club Service, consumer laws require that such products are as described, fit for purpose and of satisfactory quality. For the Priority Club Service, which is the main purpose of the contract, see the box below which provides a summary of your key legal rights. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
For services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Priority Club Service and under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property. When providing services at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.4 We are not liable for business losses. We only supply the Priority Club Service to you for domestic and private use.
15.5 Interruption to the Priority Club Service. We will use our reasonable endeavours to provide the Priority Club Service to you without interruption. However, you understand that, as with any provision of information services, it may not be possible to provide certain parts of the Priority Club Service to you (for example, the remote monitoring of your Fuel usage) 100% of the time. We will use our reasonable endeavours to minimise any downtime, but you understand that, we cannot be liable to you in respect of a failure to provide such parts of the Priority Club Service from time to time.
15.6 Financial cap on liability. Without affecting clauses 15.2 and 15.7, our maximum aggregate liability to you under or in connection with these Terms in respect of all claims occurring during the Minimum Term or any Renewal Period (as applicable) shall not exceed an amount equal to 3 x the total charges paid and payable for your membership of the Priority Club Service during the Minimum Term or the relevant Renewal Period (as the case may be), in which the relevant claim arose.
15.7 Legal Rights. Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Notice at www.nwffuels.co.uk/privacy-notice/.
17. OTHER IMPORTANT TERMS
17.1 We may transfer the contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Notices. Unless set out in these Terms, any notice or other communication to be given by you to us under this contract must be delivered to us in writing to the address set out in clause 2.1, or any such other address as may be notified by us to you from time to time. We will give notice to you under this contract using the contact details supplied by you when you applied to become a Priority Club Member.
17.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Priority Club Service, we can still require you to make the payment at a later date.
17.7 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Priority Club Service in the non-exclusive jurisdiction of the English courts. Nothing in this clause shall prevent you from bringing legal proceedings in the country where you are resident and your legal rights under applicable consumer laws shall not be affected.
aPPENDIX A – 14 Day Cancellation Form
You can use this form to cancel your contract under clause 10.3 of the terms and conditions, but it is not obligatory. If you wish, you can simply contact us using the details below.
To: NWF Fuels Limited, Wardle, Nantwich, Cheshire CW5 6AF.
I hereby give notice that I wish to cancel my contract with NWF Fuels Limited in relation to the Priority Club Service.
Priority Club Membership number:
Priority Club start date:
Name of member:
Address of member:
Signature of member (if notified on paper):
Date: