These conditions apply except so far as they are inconsistent with any express agreement entered between the Seller and the Buyer before the delivery.
1. All products supplied are chargeable at the sale price ruling on the date of delivery. Such price shall reflect any tax, duty or other imposition in respect of the products other than Value Added Tax). Value Added Tax, if applicable, will be charged separately.
2. Payment for supplies will be effected by cash on delivery or in accordance with terms established from time to time by the Seller. Interest on overdue amounts shall be payable at 3% above the base lending rate of the Seller's Bankers.
3. Risk in the products shall pass to the Buyer on delivery but title to the products shall remain in the Seller until payment therefore in full has been received by the Seller.
4. 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 giving of such notice 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 file full quantity of the goods to which the invoice relates.
5. 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 agreed to be sold. 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 consequential upon the sale or delivery of the products.
6. 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 Sellers immediate control.
7. 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 take possession of and remove the same.
8. 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 the accepted or partly completed orders.
9. The Seller does not accept responsibility for the dipping, checking or testing of the Buyers tanks. This together with the obligation to see that the truck operator couples up with the correct feed on the Buyers 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.
10. The Sellers measure of quantity shall be accepted by the Buyer and in the case of re-heating oil it shall correct at standard litres at 15°C, the Sellers reading of which shall be conclusive. The Seller does not accept any responsibility for discrepancies in the Buyer's tanks, dip rod or other measuring devices. It is a condition of every bulk sale that the quantity shown by the Seller's dip rod or other measuring device employed shall, for the purpose of accounts, be accepted by the Buyer as the quantity delivered. The Buyer may be represented at the taking of the measurements in order to verify them if he/she so desires. If on delivery the Buyer or any representative of the Buyer, whether or not for the purpose of verifying the Seller's measurements of the quantity for the delivery, mounts any tank used on that delivery, the Buyer or his representative shall do so at his own risk, and the Seller accepts no responsibility, therefore.
11. All products supplied are sold exclusively for the Buyers own use and shall not be resold, transferred or disposed of by the Buyer to any other person private or commercial unless the products were supplied by the Seller to the Buyer specifically for resale.
12. The Buyer will strictly observe all the conditions of his petroleum storage licence (if any) and all statutory and other legal requirements imposed upon the Buyer in respect of the receipt, storage or use of the products, and will not permit smoking or naked lights nor electrical or gas fires or radiators near to a tank or inlet pipe into which a delivery of any petroleum product is being made or a vent pipe connected to such tank and will indemnify the Seller against damages, claims or costs arising out of any breach of this clause.
13. 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 relevant legislation.
14. Product Safety
In normal use fuel oil is safe but please observe the following precautions.
(a) This product supplied is flammable, and in the event of fire, a CO21 foam or dry powder extinguisher should be used.
DO NOT USE WATER as this could spread the fire.
(b) Avoid handling the product, if splashed onto eyes or swallowed, seek immediate medical assistance.
(c) This product should be stored in a properly constructed, installed and maintained tank.
15. Cancellation fee of €12 applies to any order which is cancelled, this is to cover banking and administration costs.