GENERAL CONDITIONS OF SALE – SUMMARY
This summary of our Terms and Conditions contains the key terms which govern the relationship between us (the Seller) and you (the Buyer) except so far as they are inconsistent with any express agreement entered into between the Seller and the Buyer before the delivery.
Please call 028 37 552 550 or email us at email@example.com if you have any questions regarding pricing, customer service or any other issues or you can see our website for further information.
- All products supplied are chargeable at the sale price ruling on the date of delivery, unless as previously agreed. Such price shall include any tax, duty, delivery cost or other imposition or cost in respect of the products (other than Value Added Tax). Value Added Tax, if applicable, will be charged separately and indicated on your invoice.
- Payment for supplies will be made by the Buyer by cash/cheque on delivery, credit/debit card or in accordance with terms established from time to time by the Seller. The Seller will agree with the Buyer how payment may be made. Interest on overdue amounts shall be payable at 3% above the base lending rate of the Seller’s Bankers up to the date of judgment or settlement whichever may be earlier.
- Risk in the products shall pass to the Buyer on delivery but title to the products shall remain with the Seller until payment therefore in full has been received by the Seller. The Seller will deliver to the address provided by the Buyer at the time of order. If there are any reasonable special delivery requirements these must be specified by the Buyer at the time of order and the Seller will use reasonable endeavours (but will not be obliged) to comply with any such requirements (e.g. restricted access).
- Notice of any claim for damage, defect, variance of quality or description, or shortage in quantity shall be given by the Buyer in writing to the Seller within three days after the goods are delivered or in the case of non-delivery of the whole of the consignment within three days after receipt of invoice and such notice shall state where and when the goods may be inspected by the Seller. The Buyer shall permit the Seller access at reasonable times and upon reasonable notice to inspect and test the product which is the subject of the claim. The giving of such notice of claim by the Buyer shall be a condition precedent to any such claim and in respect of such damage, defect, variance or shortage the Buyer shall be liable to pay for the full quantity of the goods to which the invoice relates.
- Subject to Clause 4, the Seller will replace at its own expense any products which differ in quality or description on delivery from the products which the Seller had agreed to sell to the Buyer. All other warranties and conditions expressed or implied by statute or otherwise are excluded and the Seller shall not be further liable in respect of injury loss or damage directly arising from or consequential upon the sale or delivery of the products save in respect of any liability for death or personal injury.
- 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 or where the Seller’s driver, in his / her absolute discretion, considers the circumstances to be unsafe to complete the delivery.
- If the Buyer defaults on payment of monies due, the Seller shall have the right to enter upon any premises where the products are located and extract or otherwise take possession of and remove the same.
- No agent or employee of the Seller is permitted to alter or vary these Conditions in any way unless expressly authorised to do so by the Seller. If the Buyer fails to adhere to these conditions, the Seller shall be entitled to stop further deliveries under accepted or partly completed orders.
- The Seller does not accept responsibility for the dipping, checking or testing of the Buyer’s tanks. This, together with the obligation to see that the truck operator couples up with the correct feed on the Buyer’s tank, rests entirely with the Buyer. The Buyer shall also be responsible for ensuring that the storage into which the delivery is made will accommodate the full quantity ordered. The Buyer is also responsible for highlighting to the Seller’s driver any risks which may affect the Seller’s ability to make a safe delivery and which should reasonably be known to the Buyer
- The volume of the products delivered to you is specified in litres at 15°C on the front of this delivery note. This volume is determined using our metering systems but if you have any reason to believe that the volume stated is incorrect and that you have received more or less than the specified volume then please contact your local depot immediately in writing.
- 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 the Hydrocarbon Oil (Customs & Excise) Act 1971 and/or amending legislation.
HEALTH AND SAFETY INFORMATION
Health and Safety at Work Order 1979: This Order requires that we must notify you about the safety and handling precautions you must observe. To store motor spirit you must comply with the Petroleum Consolidation Act (1928) and obtain a licence.
In addition, you must observe the following health and safety requirements:
- Store motor spirit only in an approved tank or container.
- All products must be stored away from heat.
- Never bring a naked flame near the product except with heating fuels in an approved appliance.
- Never use heat on a container which has stored these products without first gas freeing it.
- Do not drink or inhale petroleum products. If this happens seek urgent medical attention.
- In the event of contact with the skin wash with large volumes of water.
- In the event of contact with eyes bathe with clean water for ten minutes.
- If clothing becomes heavily contaminated with any product it should be changed.
- Oily swabs or rags should not be carried or left in pockets.
In the Event of Spillage or Leakage Occurring:
- If motor spirit contact the emergency services.
- Do not smoke in the vicinity of the spillage or leakage
- Do not disperse with water.
- Prevent petroleum products from entering drains or watercourse. Should product enter drains or watercourse contact NIEA without delay.
In the Event of Fire:
- Call the emergency services immediately.
- Do not use water on oil fires – it will cause the fire to spread.
- Use only foam, dry powder or CO2 fire extinguishers
Our Conditions (subject to certain specified provisos) apply to all Contracts and set out the whole agreement between you and us to the exclusion of all other terms and conditions.
Any terms or conditions which you put forward (whether endorsed on, delivered with or contained in your purchase order(s) or included in any other documents) do not form part of any Contract and any attempt by you to exclude, vary or limit any of the Conditions shall be void.