1. Price on the invoice assumes that conditions relating to that price are met otherwise the appropriate premium will be added.
2. Ownership of Goods supplied shall pass only when payment has been received by us in full and not on delivery of goods.
3. Payment for supplies will be effected by cash on delivery in accordance with terms established from time to time by the Seller. Interest on overdue amounts shall be payable at 3% per month above the base lending rate of the Seller’s Bankers.
4. If the ordered volume does not fit in the Buyer’s tank/container then the price will be readjusted to the nearest 100 litres as priced on date of order and a credit will be raised on your account with us.
5. The buyer is responsible for providing suitable storage AND FOR ENSURING THAT IT WILL TAKE THE FULL QUANTITY ORDERED. The Buyer will also indemnify the Seller against claims, damages, expenses or costs which may arise as result of the Buyer not observing these conditions.
6. It is a condition that every bulk sale through hose that the quantity shown on the tank wagon dip rod or other measuring devices employed by the seller shall, for the purpose of accounts be accepted by the Buyer as the quantitydelivered. The Seller does not accept any responsibility whatever for a discrepancy in the Buyer’s tank dip rods or other measuring devices, therefore the Buyer should when convenient to himself be present at thetaking of measurements to verify them. If on delivery the Buyer or any representative of the Buyer wheter or not for the purposes of verifying the Seller’s measurements of quantity for that delivery, mounts any tank wagon used on that delivery the Buyer or his representative (as the case may be) shall do so at his own risk and the Seller accepts no responsibility whatsoever therefore.
7. It is the responsibility of the Buyer that all measuring devices e.g. gauga valves, are in a secure state and fit for an oil delivery.
8. The Seller shall not be responsible for any failure to make deliveries if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which are not within the Seller’s immediate control e.g. weather.
9. If the Buyer defaults on payments of the monies due, the Seller shall have the right to enter upon any premises where the products are located and take possession of and remove the same.
10. If 205 litre 180 kg and/or 120 litre barrels are deemed by the Sellers nominated barrel reconditioners agent to be unfit for reconditioning no refund will be payable.
11. Prices include any government tax (other than Value Added Tax) in force at the time of supply. Any variation in the rate of existing tax or any additional taxation for the Buyer’s account. Value Added Tax if applicable will be charged separately.
12. No products obtained from the Seller will be used as a fuel in mechanically propelled vehicles constructed or adapted for use on the roads in contravention of th Hydrocarbon Oil (Customs and Excise) Act 1971 and/or amending legislation.
13. In accepting this delivery the Buyer warrants that the Buyer is entitled to purchase the Seller’s products outside any contractual commitments with any other party and indemnifies the Seller against any claim by any such other party arising from any such commitment.
14. PRODUCT SAFETY
In normal use, fuel is safe, but please observe the following precautions:
(a) This product supplied is FLAMMABLE and in the event of fire, a CO2 foam or dry powder extinguisher should be used.
(b) DO NOT USE WATER as this could spread the fire.
Avoid handling the product, if splashed onto the eyes or swallowed seek immediate medical assistance.
(c) This product should be stored in a properly constructed, installed and maintained tank.
15. Due to the nature of the products, the Seller shall not be responsible for oil traces left by the delivery tanker or equipment on the Buyer’s property.
16. Acceptance of delivery will be treated as acceptance of foregoing conditions.
17. If next day delivery option is selected, orders must be made before 15.00 that day to ensure they are delivered the next working day, if not they may be delivered the following day. Please note Monday to Friday are working days and not Saturday.
18. If you have any problems or issues with your delivery it must be reported to the company by the end of the next working day.
19. Events outside our control.
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you that is caused by event outside its reasonable control (each a “Force Majeure Event”)
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the foloowing:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invation, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, adverse weather conditions (including, without limitation, storm, ice or and/snow), flood earthquake, subsidencem epidemic of other natural disaster;
(d) interruption in or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Accident or failure of delivery vehicle;
(f) Shortage of failure in supplies;
(g) Interruption or failure in any utilty service;
(h) Interruption in or impossibility of the use of public or private telecommunications networks;
(i) The act, decrees, legislation, regulations or restrictions of any government.