Calor Cylinder Refill Agreement

September 13, 2021

22. On 28 February 2007, following the discovery of Homebase`s memorandum, his lawyers sent a letter prior to the complaint requesting that Homebase not handle Calor`s cylinders and warned that, if not, it would initiate proceedings and seek an injunction. As I said, the proceedings were initiated on 12 March 2007. 31. According to Mr Turner, the circumstances of the present case are that Homebase is not merely a passive and involuntary receiver of Calor cylinders. On the contrary, Homebase made a clear business decision to maintain and manipulate the Calor cylinders against the will of the property owner. The case is therefore substantially identical to that of Judge Walton in Calor Gas Limited/Bricolage Motor Caravan Centre Ltd and another (25 January 1985). That case also concerned a former Calor dealer who, after being dismissed, wanted to argue that he could lawfully obtain Calor cylinders as a representative for the final consumer, with the sole aim of returning them immediately to Calor. Justice Walton dismissed this argument as an artifice. 11. A member of the public who wishes to purchase LPG in a Calor cylinder must first complete and sign a Form 167.

In accordance with the agreement reached with Form 167, the end user makes a one-time payment (currently 29.99) for Calor`s authorization to be in possession of the cylinder and to use it. After that, he only pays for the LPG he consumes. If the final consumer wants more LPG, they can go to any authorized Calor distributor or distributor or a Calor center and replace their empty cylinder with a full one, while paying only for LPG. If he does not wish to be recharged, he can return the empty cylinder and, against the prescription of his copy of Form 167, he is entitled to a refund of part of the initial fee calculated on a sliding scale according to the duration from the conclusion of the contract. 2. Calor cylinders specific to LPG shall remain the property of Calor at all times. 23. In his second testimony, Mr. McCabe cites two other internal instructions that have been given to Homebase employees since the end of the agreement. . . .

Calor Cylinder Refill Agreement · September 13, 2021 · 9:22 am
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