TERMS AND CONDITIONS
EASYGAS (“www.easygasng.com”) owns and operate this Website. This document governs your relationship with www.easygasng.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.easygasng.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.easygasng.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.easygasng.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.easygasng.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.easygasng.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.easygasng.com or may in some cases be a third party. Where a contract is made with a third party www.easygasng.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail of receipt of your online order. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. Full payment is expected to be made upon delivery of the product, unless otherwise agreed in writing by Easygas. Failure to make payment terminates the sales contract and goods delivered are expected to be returned intact.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.easygasng.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.easygasng.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.easygasng.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.easygasng.com.
You agree to indemnify, defend and hold harmless www.easygasng.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
www.easygasng.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments via our Customer Care Line +234 7011960720 or via email; email@example.com
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.easygasng.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.easygasng.com.
STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS
EASYGAS ENERGY SOLUTIONS
In this document the following words shall have the following meanings:
- “Buyer” means the organisation or person who buys Goods from EASYGAS;
- “Goods” means the articles to be supplied to the Buyer EASYGAS;
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
- “List Price” means the list of prices of the Goods maintained by EASYGAS as amended from time to time;
- “Seller” refers to EASYGAS ENERGY SOLUTIONS LTD, 10 MARINA, LAGOS, otherwise referred to as “EASYGAS”
These Terms and Conditions shall apply to all contracts for the sale of Goods by EASYGAS to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by EASYGAS in
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by
3 RICE AND PAYMENT
- The price shall be that in EASYGAS’ current List Price, or such other price as the parties may agree in The price is exclusive of VAT or any other applicable costs. Carriage shall be paid for by the BUYER where applicable.
- Payment of the price and VAT and any other applicable costs shall be due upon delivery or the date of receipt of the invoice supplied by
- EASYGAS shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 15% per annum.
- If payment of the price or any part thereof is not made by the due date, EASYGAS shall be entitled to:
- require payment in advance of delivery in relation to any Goods not previously delivered;
- refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
- terminate the
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by EASYGAS. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- The date of delivery specified by EASYGAS is an estimate only. Time for delivery shall not be of the essence of the
- If EASYGAS is unable to deliver the Goods for reasons beyond its control, then EASYGAS shall be entitled to place the Goods in storage until such times as delivery may be effected.
- The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify EASYGAS of any fault/leakage/damage within 24 hours of delivery.
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from EASYGAS`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until EASYGAS has been paid in full for the Goods.
- Where the Goods provided by EASYGAS are found to be defective, EASYGAS shall repair, or in its sole discretion, replace defective Goods free of charge within 7working days from the date of delivery, subject to the following conditions:
- the Buyer notifying EASYGAS in writing immediately upon the defect becoming apparent;
- the defect being due to the faulty design, materials or workmanship of
- Any Goods to be repaired or replaced shall be returned to EASYGAS at the Buyer’s expense, if so requested by EASYGAS.
- Where the Goods have been manufactured and supplied to EASYGAS by a third party, any warranty granted to EASYGAS in respect of the Goods shall be passed on to the
- EASYGAS shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been
- The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11
- No liability of any nature shall be incurred or accepted by EASYGAS in respect of any representation made by EASYGAS, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
- the correspondence of the Goods with any description;
- the quality of the Goods; or
- the fitness of the Goods for any purpose
- No liability of any nature shall be accepted by EASYGAS to the Buyer in respect of any express term of this contract where such term relates in any way to:
- the correspondence of the Goods with any description;
- the quality of the Goods; or
- the fitness of the Goods for any purpose
- All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to EASYGAS or not) are hereby excluded from the
11 LIMITATION OF LIABILITY
- Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, EASYGAS shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract
- Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of EASYGAS for death or personal injury as a result of EASYGAS’ negligence or that of its employees or
12 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of EASYGAS, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in EASYGAS by the execution of appropriate instruments or the making of agreements with third parties.
13 FORCE MAJEURE
EASYGAS shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and EASYGAS shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as EASYGAS considers unreasonable, it may, without liability on its part, terminate the contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of EASYGAS.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of NIGERIA and the parties hereby submit to the exclusive jurisdiction of the NIGERIAN courts.