Legality of selling surplus gas bottles

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Parksy

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Nov 12, 2009
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Parksy said:
colin-yorkshire said:
KeefySher said:
This is another noseweight gauge thread, isn't it?

Yup :woohoo: :woohoo: :woohoo: :woohoo: :woohoo: .

[

:lol: :lol: :lol: I've got the popcorn, this one could run and run :lol: :lol: :lol:

Gagakev said:
Think you could be wrong just for once Parksy.... :)

When every ones gas runs out it will fizzle away :lol: :lol: :lol:
But somebody is sure to re-ignite it to add weight to their point of view Kev. :lol:

In August last year we struggled to obtain a 6kg propane gas bottle and White Arches caravans were kind enough to let us have one which had been reserved for their sales dept. The local main Calor depot couldn't help and the guy on the phone said that a shortage had occured because many cylinders had been either abandoned or sold for their scrap metal value which I found hard to believe .
Imagine a scrap merchant cutting a lpg bottle which might hold residual gas with an oxy acetelyne torch :woohoo:
Calor seem to accept no responsibility for the collection of unwanted calor containers, they turn up at council tips on E-bay and in classified ads.
 
May 7, 2012
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I do not believe selling the cylinder to someone who is going to use it is theft. Theft required the intention to deprive the legal owner of the goods permanently. If the buyer exchanges it for another cylinder the owners Calor have got it back so no crime has been committed. There is a breach of contract assuming they can find the contract but for the value of a cylinder I do not see Calor taking any action.
If you sell it for scrap that would be a crime however as it deprives the owner of it permanently.
Our local authority will collect them and I assume returns them to Calor so if that is correct there is no crime in leaving it there.
Essentially therefore selling it to another user is a civil wrong, selling it to someone who will scrap it is a crime. I will make no comment on the moral point.
 
Mar 13, 2007
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with respect to Damian T&C's have little to do with it either, what the problem is [if there is a problem] which I for one don't think there is"", is that there is no monitoring of the actual bottles once a person has paid the deposit and got the first cylinder, after that he only pays for the premium priced gas it contains, this is Calor's main concern and why they are in the business of selling bottled gas. the container is secondary, and of little importance where the customer got the container, as he is going to pay for the gas on refill.
having a sliding scale to nothing in the value redeemable on a bottle that is no longer is required and has no monetary value in the effort required to return it, becomes a logistical nightmare, so the company doesn't bother. it sells gas the more bottles [however obtained] that are sent back for refilling the better.
this is made very clear in the e-mail reply, a contract is of no consequence to the company as long as you exchange it for another one., therefore in the real world the contract is worthless, if it is worthless it is not enforceable,

slightly off subject but still connected is beer barrels and shopping trollies both of which are owned by the company that supplies them. yet they are everywhere simply because there is no provision to monitor them, supermarkets do not stop people taking them away from the store, and breweries do not control the return process of the empty kegs and casks, which are so often turned into planters, water features. or weighed in for scrap, even though it is illegal to do so, but nobody cares, except the few, so it doesn't matter how you obtained, or disposed of the cylinder you have or had Calor don't mind just keep paying for the expensive contents and their happy.
 
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EH52ARH said:
https://www.calor.co.uk/news/calor-...elling-potentially-dangerous-adaptors/[/quote
ok yes very interesting !! so now you know, :woohoo: all you law abiding caravanners out there will now go and hand in all your illegally obtained bottles and the ones you have lost the contract for to a Calor stockist, who won't take it back without a contract to cancel, [been there done that got a "T" shirt].
and then buy a new contract and refill at £40 per bottle extra, so you can pontificate to being totally legal :whistle:,

sounds like cuckoo land to me. :blink: :blink: ,
 
Mar 27, 2011
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As I said previously I think it's about how far over the line you cross, ok so calor 3 years ago successfully prosecuted someone exporting hundreds of cylinders to Ghana, if it's so easy to prosecute why is there still hundreds of gas cylinders openly for sale on eBay? The answer is simple really companies like calor really don't care about the little man who buys an empty so as to avoid the initial start up agreement, but if I set up a business selling bottles nationally on a large scale or collecting them nationally for scrap then I would be an easy target and they could say to the press they're doing all they can to stop the trade, truth is the cost of individual prosecutions is just not worth the hassle so it's just never going to happen, if calor really wanted to stop it I'm sure a letter to eBay stating that they were allowing people to sell stolen goods on there would put an end to that route, but even if they did it wouldn't stop the sale of them as there are loads of ways of aquiring them, with the miles I drive on a daily basis I reckon if I were in the scrap business in a month I could probably pick up a dozen or more that I'd find just laying around in lay-bys, grass verges etc etc, I sold my old caravan last week, as I wasn't including my full bottle in the sale the purchaser bought a 15kg empty on eBay for a fiver, took it to a garage and exchanged it for a smaller full bottle, calor are not going to prosecute that person as they've just added to the company profits, legal? No! Who cares? Pretty much no one it seems to me.

BP
 
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Interesting reads Hutch thank you for those links from the calor site. More interestingly two of the prosecutions mention safety aspects which I suspect has a lot to do with the terms and conditions set out by calor than them being worried about losing the odd bottle. If you buy a full bottle of gas from calor it will cost you £40 for the bottle which you can then return on the sliding scale refund thing; I am no expert n such things but the bottles are probably churned out for less than £40 each. obviously they will have a life but I am guessing that they last quite along time and obviously there has to be a lot of spare bottles available in stock to allow for changing in. My point being that I doubt that calor are that worried about bottles changing hands so long as they get the bottle back to refill, after all they are charging for the refill. Obviously the contract is the contract and you are in breach of the contract by giving a bottle away or by selling one but calor have mitigated against being sued for any incidents that occur by stating that you can not sell or dispose of the bottle to anyone but them and that only they can refill the bottles.

I doubt that anyone has ever been prosecuted for privately selling a single gas cylinder or giving one away even though as has been established it may be against the theft act 1968 id intent can be proved and that by selling or giving away the bottle you are in breach of contract.

Parksy said:
In August last year we struggled to obtain a 6kg propane gas bottle....
.... guy on the phone said that a shortage had occured because many cylinders had been either abandoned or sold for their scrap metal value which I found hard to believe .

A few years back scrap metal was commanding a high price because unlike today there just wasn't enough to satisfy demand, we had roof being nicked off churches, copper railway cables being dug up, unoccupied buildings being stripped of anything metal and cars going for scrap were making two grand for the owners. Obviously things have changed a lot since then.

As for the oxy acetylene torch on a gas cylinder, if you open the valve to vent off any pressure and then unscrew the valve from the top you can quite happily cut a hole in the side without any risk of and explosion (unless you are doing it in the middle of winter with a butane bottle) (not that I condone this sort of action), the number of chimneas made from domestic gas cylinders being sold on e-bay is astronomical.
 
Jun 20, 2005
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Here we go again and again. Amazing how many legal professionals we have on here :woohoo:
A contract is a Legally binding agreement between two parties.Each signs the contracts and an original copy given to each.
It seems most of us no longer have our Contract if we ever did :silly:
The conundrum is that Calor themselves cannot produce a copy of anyone's signed Contract. If they cannot produce the signed Contract how can they prove one exists and how can I be bound by it or culpable in any way under the Theft Act? :sick: :p
 
Mar 14, 2005
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It doesn't matter how you try to dress it up, the fact is the bottles remain the property of Calor in perpetuity.

That being the case no one other than Calor has the right to sell or even purchase a Calor Bottle.

As Hutches posting proves , Calor can if they so choose prosecute successfully.

It is widely known that Calor do not permit their bottles to be sold, so the chances are that anyone selling or buying them is aware of the true owners rights in the matter, thus they know it is against the contracted agreements to attempt to sell or purchase them.

Just because a piece of paper is not present, does not mean the contract is not enforceable.

It has become quite common to see Calor bottles illegally for sale but that is not a reason to join the band of criminals buy buying them.

Whilst the question was raised about CALOR bottles, its quite possible similar agreements exist for other suppliers.

Consider this, If you have purchased (legally) a refillable gas bottle, would you like someone to steal it from you and sell it? It's no different to what has been discussed on this thread.
 
Mar 8, 2009
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Oh ek! - I've been breaking the law for almost 40 years now, (I wonder how close they are to 'getting' me. - Ps I reckon Calor commit more highway robbery than I do!)
 
Nov 16, 2015
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I like this thread, and it makes me smile remembering changing a gas cylinder in Lagos , Nigeria for our BBQ, and getting a 6 kg calor gas one back for a very strange cylinder, we swopped. Ogi, the dealer was not a Calor gas dealer. And we only got a half full one.
:evil:
 
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ProfJohnL said:
It doesn't matter how you try to dress it up, the fact is the bottles remain the property of Calor in perpetuity. Not sure there is any challenge to that in this thread.

That being the case no one other than Calor has the right to sell or even purchase a Calor Bottle. Do Calor sell gas bottles? Thought it was a contractual rental of the bottle and purchase of the gas you have continually espoused throughout this thread.

As Hutches posting proves , Calor can if they so choose prosecute successfully.

It is widely known that Calor do not permit their bottles to be sold, so the chances are that anyone selling or buying them is aware of the true owners rights in the matter, thus they know it is against the contracted agreements to attempt to sell or purchase them. Who has purchased a Calor bottle? Not me :p

Just because a piece of paper is not present, does not mean the contract is not enforceable.

It has become quite common to see Calor bottles illegally for sale but that is not a reason to join the band of criminals buy buying them.is that the same as getting rid of them? :p

Whilst the question was raised about CALOR bottles, its quite possible similar agreements exist for other suppliers.

Consider this, If you have purchased (legally) a refillable gas bottle, would you like someone to steal it from you and sell it? It's no different to what has been discussed on this thread.Again you have totally misinterpreted the facts, you cannot legally buy a Calor Gas bottle, they are only available to rent from Calor, as your posts in this thread

Flogging a dead horse springs to mind :p :p
 
Jun 20, 2005
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ProfJohnL said:
It doesn't matter how you try to dress it up, the fact is the bottles remain the property of Calor in perpetuity.

That being the case no one other than Calor has the right to sell or even purchase a Calor Bottle.

As Hutches posting proves , Calor can if they so choose prosecute successfully.

It is widely known that Calor do not permit their bottles to be sold, so the chances are that anyone selling or buying them is aware of the true owners rights in the matter, thus they know it is against the contracted agreements to attempt to sell or purchase them.

Just because a piece of paper is not present, does not mean the contract is not enforceable.

It has become quite common to see Calor bottles illegally for sale but that is not a reason to join the band of criminals buy buying them.

Whilst the question was raised about CALOR bottles, its quite possible similar agreements exist for other suppliers.

Consider this, If you have purchased (legally) a refillable gas bottle, would you like someone to steal it from you and sell it? It's no different to what has been discussed on this thread.
Prof.
You surprise me.
There is a fundemental difference between Statute, Tort and Contract Law.
How can you combine them into one and say Calor are in Contract with me or any others :unsure: :sick:
Why not invite Calor to sue Hay market for the identity of all us "thieves" and then they can sue me in Contract for a Contract that doesn't exist.
Weird!
Ray wood gave the most sensible advice on here and I have to say we will all be wiser if we listen to Ray.
 
Mar 14, 2005
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KeefySher said:
ProfJohnL said:
It doesn't matter how you try to dress it up, the fact is the bottles remain the property of Calor in perpetuity. Not sure there is any challenge to that in this thread.

That being the case no one other than Calor has the right to sell or even purchase a Calor Bottle. Do Calor sell gas bottles? Thought it was a contractual rental of the bottle and purchase of the gas you have continually espoused throughout this thread.

As Hutches posting proves , Calor can if they so choose prosecute successfully.

It is widely known that Calor do not permit their bottles to be sold, so the chances are that anyone selling or buying them is aware of the true owners rights in the matter, thus they know it is against the contracted agreements to attempt to sell or purchase them. Who has purchased a Calor bottle? Not me :p

Just because a piece of paper is not present, does not mean the contract is not enforceable.

It has become quite common to see Calor bottles illegally for sale but that is not a reason to join the band of criminals buy buying them.is that the same as getting rid of them? :p

Whilst the question was raised about CALOR bottles, its quite possible similar agreements exist for other suppliers.

Consider this, If you have purchased (legally) a refillable gas bottle, would you like someone to steal it from you and sell it? It's no different to what has been discussed on this thread.Again you have totally misinterpreted the facts, you cannot legally buy a Calor Gas bottle, they are only available to rent from Calor, as your posts in this thread

Flogging a dead horse springs to mind :p :p

Sadly your response just shows that you have not read my comment carefully.

I never suggested that Calor sell bottles, I was making the point that the choice of whether to sell bottles is in Calors hands. If bottles cannot be sold, then they cant be purchased, thus anyone selling or buying Calor bottles is acting contrary to the the original hire contract that was signed.

I never suggested that you personally had purchased (not rented) a Calor bottle. But if you have then this applies to you.

For every Calor bottle in public circulation there must have been an original rental agreement. Those expressly state you cannot sell or lend or otherwise dispose of a bottle except to Calor. This means the bottles supplied under that agreement should always be in the possession of the rentee or Calor.

If you have not signed a Calor rental agreement you should not have a Calor bottle.

Regardless of who actually has a Calor bottle, the only proper method of disposal is back to Calor who own the bottles.

The OP's question was can he sell a Calor Bottle.The answer is legally NO. Everything else that has followed stems from contributors who are trying to justify an illegal practice.

Flogging a dead horse - probably YES
 
Mar 13, 2007
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flogging a dead horse, eh Prof probably, there will never be agreement on the issue, as the basis of the discussion is smudged by innuendo and false representation, lets dissect what you just posted.

quote" I never suggested that Calor sell bottles, I was making the point that the choice of whether to sell bottles is in Calors hands. If bottles cannot be sold, then they cant be purchased, thus anyone selling or buying Calor bottles is acting contrary to the the original hire contract that was signed.

this would be true if all the bottles in circulation, could be traced back to the original hirer [they can't] as you well know any company no matter the size only keeps records for a set amount of time typically 10 years, after that the records are redundant and either deleted [electronically] or destroyed [paper form] once this happens any contract that the records apply to are also redundant, this means a bottle that was obtained before this time period expired no longer has a valid contract attached to it.
the company accepts this on a custom and practice principal as it does not ask for a current contract before supplying a refilled cylinder, and never renews a contract when the time lapse has expired, indeed to the contrary it is only interested in the value of the gas supplied in the refill, note" you carefully described the practice of buying and selling bottles as a breach of contract, and not illegal this is right, as it is a civil matter and not a criminal matter, in order to be a criminal matter you would have to deprive the owner [Calor] of the said cylinder, but the cylinder has not been stolen if they get it back in exchange for a refill, the only difference is the deposit they insist on for the first cylinder, one cannot say contract as the contract may well be no longer in existence.
the case referred to earlier was different as a large scale exportation of cylinders clearly shows the intent of depriving the company of their property, and that is completely different no one is ever going to be held in breach of contract while the company cannot prove there was a contract to begin with.

quote" For every Calor bottle in public circulation there must have been an original rental agreement. Those expressly state you cannot sell or lend or otherwise dispose of a bottle except to Calor. This means the bottles supplied under that agreement should always be in the possession of the rentee or Calor.

If you have not signed a Calor rental agreement you should not have a Calor bottle.


this is true to some extent, however, only a small percentage of users will have their original agreement and I will guarantee that if that agreement is more than 20 years old, it will be the only one in existance as Calor would have no record of it by now. you are a great one for the abidance of all the rules this we come to accept on all matters, yet the crux of the matter is body of proof, it may be handy to prove you have an agreement, but a world away from proving you never had one, again the company is only interested in the the value of the refill not who presents it for exchange.

quote" Regardless of who actually has a Calor bottle, the only proper method of disposal is back to Calor who own the bottles.

if it was only that simple :eek:hmy: there would be less rogue bottles around, take it back to the stockist yeah believe me I did try, and probably so did hundreds of others it is not that simple, that is why there are so many cylinders at the recycling centres, I suppose if you were that concerned, they may take it at one of the filling and distribution centres but who is going to take a unwanted cylinder maybe hundreds of miles at their own expense to hand it back not me for one, the company doesn't care so neither do I,

at this point I challenge you to report an abandoned cylinder at the side of the road, or out in the street and see how long it takes them to recover it, don't hold you breath while doing so, I did just that last year and guess what "oh yes thank you sir" if you ring the local council the environmental health dept they will come and pick it up. :whistle: :whistle:.
notice the council not them, and who pays for that us not them. and guess where it would end up, at the recycling centre with all the others.

quote" Everything else that has followed stems from contributors who are trying to justify an illegal practice.
Please define ILLEGAL as in a criminal act, and where does that differ from a breach of contract [civil] in practice.

as a foot note I would add, the agreement one gets from Calor really isn't and agreement at all but a set of terms and conditions, not to satisfy the continuation of supply or use but a get out clause in case of an incident, so it is the end user who takes the blame for not following the conditions, not them, that is why their terms are so explicit. they don't really want to restrict the use and supply of the cylinders. just make a profit selling the gas on a refill, how that cylinder gets to the refilling point, is no concern to them, just that it gets there, the cylinder is just the vessel that the gas goes into nothing more, as long as they keep getting them back refilling them and selling the gas inside. everyone is happy.
whether there is a moral issue is a different matter, suppose it depends on how high the horse is your sat on, some peoples horses are very tall indeed.
 
Mar 27, 2011
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Morning All, we are off on our first trip in our new (to us) caravan this morning, really looking forward to this week away but just thought I'd put a last post on this thread.

Prof, while I respect all that you put on this forum and find your knowledge of products and technical matters at times astonishing, on this occasion I will say, speaking purely for myself I am in no way trying to justify any of my actions be they legal or illegal, I have a clear conscience and don't feel the need to justify anything I do to anyone but myself, what I will though agree with you on is that yes we are definitely flogging a dead horse on this subject.
I am realistic though in as much that I accept that the world I live in is far from perfect and there are always going to be grey areas that are open to interpretation but I actually prefer it to be like this, I'm glad I don't live somewhere like North Korea where every aspect of my life is controlled by rules and regulations to the point where I'm not allowed to even think for myself, so without trying to justify anything I'll continue to maybe break a law or three on occasions but there are far more serious crimes being committed every day so I reckon I will still sleep soundly and don't think I'll be getting a knock on the door from the boys in blue (who I actually work with from time to time) just yet.
Have a great week everyone, looks like the Suns putting in an appearance again this week, that's the big bright thing in the sky for anyone who's forgotten.
Life is fun and I'm gonna be a long time dead so I'm enjoying every minute.

BP
 
May 7, 2012
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The references provided do show what I posted to be correct. You cannot be prosecuted for selling on the cylinder to someone who is simply going to use it and exchange it as Calor do not lose the cylinder. That is a civil matter and as far as I can see nothing has ever been done where this happens. Scrapping exporting and altering the cylinders is a criminal offence though.
 
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colin-yorkshire said:
as a foot note I would add, the agreement one gets from Calor really isn't and agreement at all but a set of terms and conditions, not to satisfy the continuation of supply or use but a get out clause in case of an incident, so it is the end user who takes the blame for not following the conditions, not them, that is why their terms are so explicit. they don't really want to restrict the use and supply of the cylinders.

My point exactly, the contract is more for mitigation against being sued rather than controlling the usage of the cyclinders, there is also legal obligations imposed on the supplier that have to be met and by stipulating conditions for the cylinders' usage the company can demonstrate that there are meeting (or at least laying down the frame work) these obligations.
 
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saint-spoon said:
colin-yorkshire said:
as a foot note I would add, the agreement one gets from Calor really isn't and agreement at all but a set of terms and conditions, not to satisfy the continuation of supply or use but a get out clause in case of an incident, so it is the end user who takes the blame for not following the conditions, not them, that is why their terms are so explicit. they don't really want to restrict the use and supply of the cylinders.

My point exactly, the contract is more for mitigation against being sued rather than controlling the usage of the cyclinders, there is also legal obligations imposed on the supplier that have to be met and by stipulating conditions for the cylinders' usage the company can demonstrate that there are meeting (or at least laying down the frame work) these obligations.

A contract is defined by its terms and conditions, and before Calor(or their agent) will supply a first cylinder, the hirer has to sign to agree to those T&C's. As such it is a contract. It is breach of contract if you fail to adhere to any of the terms and conditions.

As far As I can tell the contact is only terminated when a cylinder is returned (i.e not exchanged) to Calor or their agent, and there is no specific time limit on that aspect of the contract.

Calor may allow the net value of the original deposit to diminish overtime so that a person surrendering a cylinder will not get back the entire if any of the hire deposit, but that does not mean the cylinders are no longer covered by the contract.

Calor have successfully demonstrated that the contract is valid by prosecuting company directors who were attempting sell Calor bottles, and consequently Calor, if they chose to, could pursue individuals in the same way.

Clearly there are those amongst our readers and contributors who are happy to take money for what is not theirs to sell. Each person will have to search their own conscience about their culpability in such things and accept the consequences if they are pursued.

But as it stands, it is illegal to sell Calor cylinders regardless of how many actually do sell them.
 
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I doubt that they would get anywhere suing individual customers to be honest, it goes back to the intent thing. I have four bottles, 2x 4.5 KG butane and 2x 6kg propane and I know that I have signed a contract for one of the propanes but not for the others. One of the butanes was given to me, the other I think was signed for by an ex-girlfriend about 25 years ago; one of the propanes came with the caravan as part of the starter pack (although I will concede that there was a contract supplied by the caravan dealership in amongst the bumf, I just never signed it nor did they ask me to) and the last prop I got from an outdoors superstore that I did have to sign an agreement for. Until I signed the last consumer agreement how on earth were they going to prove intent or that I knew what was on the agreement in the first place?
 
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Hello, I have a confession to make which some may find disturbing ........
My name is Keith and I have a signed agreement with Calor for my cylinder.

This is Calor cylinder users anonymous isn't it? :huh:
 

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