BEER GAS TERMS & CONDITIONS

New cylinders are available, to purchase outright, or we will be offering a monthly subcription service.

Please call or email our store to discuss your requirements.

Full Name(s) or Full Trading Title if a Company: ________________________________________________________________________
Delivery Address: __________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Telephone Number: ________________________________________________________________________________________________
Email Address: ____________________________________________________________________________________________________
Do you have multiple sites? ________________________________________________________________________________________
Full Names of Directors or Proprietors: ________________________________________________________________________________
VAT Registration Number: __________________________________________________________________________________________
If the application relates to a Limited Company, please state the following:
Registered Office Address: __________________________________________________________________________________________
_________________________________________________________________________________________________________________
Company Number: _________________________________________________________________________________________________
Please state two references below:
Reference One: ___________________________________________________________________________________________________
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Reference Two: ___________________________________________________________________________________________________
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Contact Name for Payments: ________________________________________________________________________________________
Telephone Number for Payments: ____________________________________________________________________________________
Email Address for Payments: ________________________________________________________________________________________
Contact Name for Deliveries: ________________________________________________________________________________________
Telephone Number for Deliveries: ____________________________________________________________________________________
Email Address for Deliveries: ________________________________________________________________________________________
Please note that satisfactory trade references are required before new accounts are opened.
Painters Supply Limited reserves the right to refuse any applications at its discretion without disclosing the reason for refusal.
I/We hereby authorise Painters Supply Limited to obtain a credit reference and abide by the Terms and conditions detailed in the Supply Agreement overleaf.
Signature: ________________________________________________________________________________________________________
Position: _________________________________________________________________________________________________________
Date: ____________________________________________________________________________________________________________
Painters Supply Limited / Macclesfield Bottled Gas – Terms and Conditions
1. Definitions
In this Agreement "Customer" is referred to overleaf. "Gas" means drinks dispense gases supplied by the Company to the Customer. "Company" means Painters Supply Limited Trading as Macclesfield Bottled Gas Equipment” means all the assets provided by the Company to the Customer as per the inventory included in this document.
2. Purpose of this Agreement
This Agreement allows the Customer to use the Cylinders specified overleaf (sizes and quantities may be varied) to obtain supplies of Gas and to receive replacement Cylinders on payment for the Gas in the replacement cylinders in exchange for the equivalent Cylinders. This Agreement also allows the Customer to use all the Equipment provided by the Company as per our rental Agreement. The Equipment shall always remain the absolute property of the Company throughout the duration of this Agreement and thereafter.
3. Duration of this Agreement
This Agreement is effective on the Commencement Date and subject to any earlier termination under Condition 12 below, shall remain in force for an initial minimum period of thirty-six months and thereafter may be terminated by either party at any time by serving three months written notice of termination on the other party.
4. Price
Unless otherwise notified by the Company in writing to the Customer the price for the Gas shall be the price as set out overleaf or in written correspondence which shall be exclusive of Value Added Tax. The Company has based its prices to the Customer on the usage consumption estimates that have been provided. The Company reserves the right to amend its prices should the actual usage consumption be higher or lower than the estimates that have been provided.
Short Term Cylinder loan up to 2 weeks, Leave a deposit of £120.00 + vat, returnable £100.00 + vat. Supply of Gas is extra.
5. Payment
A credit account will be set up and you will be invoiced by Painters Supply Limited. Payment is to be made by BACS transfer to the account of Painters Supply Limited, Sort Code 20-82-13 Account No 63142493 within 10 days of delivery/ invoice. The Company reserves the right to withhold any further supplies of Gas and/or Cylinders if the Customer does not make payment pursuant to this Agreement.
6. Interest
The Company reserves the right to claim interest under the Late Payment of Commercial Debts (interest) Act 1998.
7. Set Oft
The Customer shall make no deduction from any amounts payable under this Agreement without the express authority of the Company.
8. Delivery
Where Cylinders are to be delivered to the Customer, the Company may use an agent for this purpose. All deliveries will incur a delivery charge of £5.00 inc vat. Collections are possible from 5 Chelford Road.
9. Title to the Gas
Title to the Gas shall not pass to the Customer until the Company has received in full all sums due to it in respect of the Gas and all other sums which are or become due to the Company from the Customer under this Agreement.
10. Customer's Obligations. The Customer shall:
10.1 upon termination of this Agreement return the Cylinders in good order to the Company.
10.2 not sell, transfer, charge, pledge, loan, part with possession or control of Cylinders, nor hold itself out as having any rights in breach of this Agreement, nor create or attempt to create any agency or bailment in relation to the Cylinders or to the Customer obligations under this Agreement.
10.3 be liable for the safe storage and use of the Cylinders and the safety of any equipment used with them.
10.4 during the continuance of this Agreement does not buy or offer for sale either solely or jointly with any person or as their agent, directly or indirectly any gas competitive with the Company.
11. Cylinders
Cylinders remain the property of the Company at all times and may only be filled by the Company.
Cylinders may be used only as a container for Gas and may not be sold, exchanged (other than for the purpose of this Agreement) hired, assigned, transferred, mortgaged, lent, abandoned, nor damaged defaced, decanted, filled or tampered with. In any case of wilful damage, breach of this Agreement or this Agreement is terminated the Company may repossess Cylinder/s individually and immediately and the Customer by entering into this Agreement irrevocably authorises the Company or its agent to enter on to the Customer's property for these purposes.
Cylinders will be offered on a monthly hire basis, invoiced on 1st month @ £10.00 + vat per cylinder
If on termination or cancellation of this Agreement or on any Cylinder stock check, any of the Cylinders are in the opinion of the Company damaged beyond economic repair or if the Customer fails to return all or any of the Cylinders as recorded on the Company's stock records relating to the Customer, the Customer shall pay to the Company a sum of £120.00 + VAT per Cylinder in respect of each and every such Cylinder being agreed liquidated damages in respect of the Company's loss of use of the Cylinder/s ("Cylinder Charge"). The Company will also make the Cylinder Charge for the full replacement value of each Cylinder damaged beyond economic repair and for any unreturned Cylinder.
The Company will comply with all statutory and appropriate codes of practice requirements in respect of the Cylinders, but this shall not mean that the Company has any obligations to maintain in good condition Cylinders that are in the Customer's possession.
12. Termination
The 'Company may (without prejudice to any of its rights under Condition 11 above or any other of its rights) terminate this Agreement forthwith by written notice if:
12.1 the Customer fails to make any payment in accordance with this Agreement or
12.2 the Customer fails to observe any of the terms of this Agreement; or 12.3 the Customer is subjected to any act of insolvency.
The Company reserves the right to charge a fixed fee of £200.00 exclusive of VAT for the removal of all the Equipment owned by the Company upon termination of this Agreement by either party.
13. Force Majeure
If the Company is prevented wholly or partly from performing its obligations under this Agreement by its normal means due to industrial disputes, accidents, breakdown of plant or machinery, any failure in its normal source of supply or any circumstances beyond its reasonable control it may without liability and at its sole discretion in whole or in part, suspend or terminate this Agreement.
14. Waiver
Failure or delay by the Company in enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any rights under this Agreement.
15. Notice
Any notice under this Agreement shall be in writing and shall be sufficiently served if sent by first class pre—paid post to the Registered Office address or by email to painterssupplylimited.co.uk in each case marked for the attention of Customer Services.
16. General
No terms of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
17. Law
This Agreement is governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts to resolve any dispute arising from it.
18. Use of Personal Information
18.1 Information the Customer provides or the Company hold (whether or not under this Agreement) may be used by the Company, its employees and agents or may be given to and used by the companies associated to the Company to identify the Customer when contacting the Company by telephone, e-mail or via the internet to help administer accounts and manage services and products provided by the Company now or in the future and keep the Customer informed about other services and products offered by the Company and selected third parties (to whom no personal data will be disclosed). If the Customer prefers not to receive such information the Customer should write to the Company.
18.2 The Company may carry out a credit check for the purposes of this Agreement with one or more licensed credit reference agencies and they will retain a record of the search. Payment details of the account may be recorded with a credit reference agency and may be shared with other organisations.
Safety Instructions
• Do treat a Cylinder with care to ensure that the valve is not damaged.
• Do always use Cylinders in the upright position.
• Do read the instructions and labels provided with your appliance and keep them handy for future reference.
• Do return Cylinders as soon as possible to the Company when empty or if they are not to be used for a long time.
• Don't subject a Cylinder to heat, as the pressure inside could build up to exceed the safe limit.
• Don't improvise or modify your gas Equipment. Always ask the Company for advice and do not let unqualified people tamper with or service your appliance. It could become unsafe to use.
• Don't obstruct access to Cylinders.
Inventory of Assets and Equipment
The following Equipment items listed below are the absolute property of Painters Supply Limited and are provided to the Customer on a rental basis subject to the Customer making payment to the Company pursuant to this Agreement:
• Beer Gas Cylinder £120.00 Each + vat
The Customer shall pay the Company the value stated above of each Equipment item if any of the Equipment items are in the opinion of the Company damaged beyond economic repair or removed from the Delivery Address noted on this Agreement.