Fingal Wind Ltd T/A BDS Biomass is a private company, whose registered office is 20 Mannin Way, Lancaster Business Park, Caton Road, Lancaster, Lancashire, LA1 3SW, Company Number 09299445, hereinafter referred to as “the supplier”. The operating address is The Railway Goods Yard, Middleton, Carnforth, LA6 2NF.
Biomass specification
The wood pellets will meet or exceed the minimum standards required by ENplus A1 in accordance with our EnPlus Licence No UK311 and shall be fully compliant with the requirements of the Biomass Suppliers List (BSL Registration No 0053522-002 and BSL Registration No 0053522-004) specifications.
The wood pellets will be derived only from the following source:
Land Energy Ltd, Girvan. This guarantees full traceability of all materials throughout the supply chain and changes to these arrangements will be notified prior to individual deliveries.
Delivery of biomass
Wood pellets will be supplied in bulk form and delivered to the end user by a suitable vehicle for delivery into the end user’s fuel store.
A risk assessment and method statement may be prepared in advance by the supplier following an initial site visit and discussion with the end user, to take account of the hazards on site and the risks posed to pedestrians, vehicles and property on the site during the wood pellet delivery and offloading. This shall be formally reviewed annually, or whenever a change to the hazards and risks on site are identified.
On the dispatch of any consignment of wood pellets, a paper copy of the Delivery Note shall be provided to the end user at the site(s) with the delivery of each consignment.
The notice period for requesting delivery of wood pellets from the end user will be a minimum of 5 working days.
Responsibility for checking levels of wood pellets within the fuel store and informing the supplier of the need for a fuel delivery rests with the end user only.
In the event of the requirement for a delivery at less than the notice period of a minimum of five working days an additional fee of £250 plus VAT will be payable to cover the costs of an emergency delivery.
Unless otherwise agreed in advance with the end user, deliveries shall be made between the hours of 0500h and 2200h, or any other time agreed with the end user in advance between Monday and Saturday.
If a delivery cannot be made within the hours specified above or whole or part of the delivery is not possible due to obstructions on the end user’s site that are beyond the control of the supplier, the supplier will be entitled to compensation to cover the cost of transport and payment of an additional surcharge of 20% of the value of the wood pellets ordered, unless the end user informs the supplier of said obstruction within the notice period of five working days.
Upon delivery of the wood pellets to the end user, visual checks shall be made by the end user to ensure conformity to the agreed specification.
If checks reveal that the wood pellets do not conform to the agreed specification, the end user reserves the right to reject the load in full. In the event that it is not possible to visually check the fuel load until it is in the fuel silo, but the wood pellets is subsequently found to not conform to the agreed specification within 24 hours of delivery, then the end user reserves the right to reject the fuel. Rejected fuel will be removed by, and at the expense of, the supplier. Any such dispute over the specification of the wood pellets will be resolved as per below In The Event of a Dispute.
The wood pellets shall remain at the risk of the supplier until delivery to the customer is complete (i.e. the wood pellets are offloaded into the end user’s store), when ownership of the wood pellets shall pass to the end user.
Sampling
The end user may at any time send representative samples of wood pellets for evaluation, analysis, testing and approval. All samples must meet the specification. Such tests are to be at the end user’s expense.
The strategy for maintaining the original quality of the wood pellets once the supplier has delivered it on site is the responsibility of the end user.
Terms of payment
The supplier will invoice the end user upon delivery. This will be recorded by weight and will be subject to current rates of VAT.
Terms for credit customers are payment from 7 days from date of invoice unless agreed otherwise in writing. For new customers, payment will be made in full before delivery is made.
In the event that any payments are overdue the supplier has the right to refuse to make further supplies until all outstanding overdue invoices have been settled.
Interest shall be payable on amounts overdue at the daily published Bank of England base rate plus 4% per annum.
Other terms and conditions
Boiler outage or operational problems that are a direct result of sub-standard maintenance, boiler misuse/neglect, boiler defects or pellets supplied from another supplier are not the responsibility of the supplier. In this instance, any cost that is incurred by the supplier as a result of not being able to deliver fuel will be charged to the end user.
The supplier will have public liability insurance of £10,000,000.
The supplier’s liability under this Agreement (including under any indemnity) shall be limited to £5,000.
It is highly recommended that your hopper is cleaned by an independent specialist in hopper cleans (we are happy to recommend a company that can offer this service) prior to pellets from BDS Biomass being put in your store if you have had pellets from another supplier. We are not responsible for pellet quality from other suppliers.
You may be asked to sign a disclaimer should you choose not to have a hopper clean prior to pellets being supplied by BDS Biomass.
In the event of a dispute
Both parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the contract within thirty days of either party notifying the other of the dispute. Initially the party who wishes to bring the dispute to the notice of the other will do so in writing. The other party will respond to this in writing within 5 working days of receiving the notification of a potential dispute. Where the potential dispute relates to on-site issues at either the end-user or supplier sites, a joint site meeting will normally take place within 8 working days of the potential dispute being brought to the other party’s attention.
In the event of a dispute over wood pellet quality, the supplier will follow the Complaint Management Procedure, as set out in the EnPlus Handbook and EnPlus Storage Guidelines (copies available upon request).
Where a resolution has been agreed after one or more meetings, including a site meeting (if appropriate), this shall be communicated in writing and noted by both parties.
Where a resolution cannot be agreed after several attempts, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
Force Majeure
The supplier, provided that it has complied with the provisions set out within these Terms & Conditions of Supply, shall not be in breach of supply, nor liable for any failure or delay in performance of any obligations (and, the time for performance of the obligations shall be extended accordingly) arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:
(a) Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
(b) War, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(c) Compliance with any law;
(d) Fire, explosion or accidental damage;
(e) Extreme adverse weather conditions;
(f) Collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
(g) Any labour dispute, including but not limited to strikes, industrial action or lockouts;
(h) Non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and
(i) Interruption or failure of utility service, including but not limited to electric power, gas or water.
The corresponding obligations of the other party will be suspended to the same extent as those of the party first affected by the Force Majeure Event.
Any party that is subject to a Force Majeure Event shall not be in breach of the Terms & Conditions of Supply provided that:
(a) it promptly notifies the other parties in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance; and
(b) it could not have avoided the effect of the Force Majeure Event by taking precautions which, having regard to all the matters known to it before the Force Majeure Event, it ought reasonably to have taken, but did not; and
(c) it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event to carry out its obligations under this agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
Third party rights
A person who is not a party to this agreement shall not have any rights under or in connection with it.
Governing law and jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.
