GENERAL TERMS AND CONDITIONS OF SALE
Terms and Conditions of Sale applicable to all sales and deliveries of Goods of Nolan Fuel Oils Ltd (“the Supplier”) throughout the United Kingdom.
|“Contract”||these Terms & Conditions|
|“Goods”||shall include all products marketed from time to time by the Supplier howsoever defined in and for of Agreement to which these Terms and Conditions relate|
|“Supplier”||shall be deemed to include and Associated Company Subsidiary or appointed distributor of the Supplier and these Terms and Conditions|
|“Associated Company”||has the meaning ascribed to it by Section 302 of the Income and Corporation Taxes Act 1970|
|“Subsidiary”||has the meaning ascribed to it by Section 154 of the Companies Act 1948|
|“Customer”||individual or Company contracting for the purpose of purchasing goods from the Suppler/Nolan Fuel Oils Ltd|
|“Commercial Customer”||customer acting for the purpose of a trade, business or|
- SCOPE OF CONDITIONS
An order from the Customer on the Supplier for Goods shall be deemed to be an unqualified acceptance of the Customer of these Terms and Conditions (and such variation or replacement thereof as shall for the time being, be in force). No other condition term or warranty of whatsoever nature (collateral or otherwise) shall be added hereto unless expressed in writing and signed by a duly authorised officer of the Supplier on behalf of the Supplier and no oral stipulation or representation made by any servant or agent of the Supplier shall be held to vary or contradict any of these terms and conditions.
The Supplier shall be entitled at any time and from time to time to vary or replace the terms and conditions herein contained without notice.
- The Customer shall provide:
- Safe and convenient access to and egress from the delivery point for the vehicles of the Supplier or its agents and all persons driving or accompanying such vehicles from and to the public highway and the Buyer shall not allow any smoking or naked lights nor permit any stove fire or radiator to function in the vicinity of the delivery point.
- Safe suitable and clearly marked storage (“Storage”) for the Goods which shall comply in all aspects with the full relevant requirements of or regulations made by H.M. Government or any governmental body or agency or other competent authority whether local or otherwise.
- The Supplier shall not be bound to deliver Goods over roads or other surfaces affording access to the Buyer’s premises which in the Supplier’s reasonable opinion are unsafe for delivery vehicles and personnel. The Customer shall indemnify the Supplier in respect of the cost to the Supplier of making any attempted delivery of Goods which due to the default of the Customer of his/its servants or agents for whatsoever reason is not or is only partly carried out.
- Goods shall be offered for delivery in reasonable quantities which in the event of dispute shall be determined in its discretion by the Supplier.
The Customer shall ensure that the storage into which delivery of the Goods is made:-
- Is properly indicated to the Supplier’s employee or agent and the Supplier shall not be liable in any way whatsoever for damage arising out of the carrying out by the Supplier’s employee or agent of any instructions given by the Customer or his/its employee or other person purporting to give instructions on the Customers behalf in respect of such delivery.
- Will at the commencement of any arrangement for the supply of Goods by the Supplier to the Customer be properly cleared of all other brands and grades of Goods.
- Will accommodate the full quantity of the Goods ordered by the Customer and in the case of motor spirit will procure certification to this effect.
Such certification shall have regard to the regulations from time to time in force in respect of the storage and use of the petroleum spirit.
- Has proper connections at the filling points. A copy of the key or keys to each filling point shall be given to the Supplier upon respect and in default the Supplier shall be entitled to change the locks of any such filling point and charge the Customer with the cost thereof.
- The Customer shall give to the Supplier at least three clear working days’ notice of the Customer’s requirements for Goods provided that the Supplier shall not be liable for any delay in delivery.
- It is a condition of every bulk sale through hose that the quantity shown by the Supplier’s road or rail tank wagon meter dip rod or other measuring device (as may be determined by the Supplier in its discretion) employed by the Supplier shall be accepted by the Customer as the true quantity delivered; the Customer may be represented at the taking of such measurements. In all other cases the quantity shown on the delivery note of invoice shall be conclusive evidence of the amount delivered. The Supplier shall not be responsible for discrepancies in the Customers’ tanks meter dip rods or other measuring devices.
- The Customer shall strictly observe all conditions of his/its Petroleum Storage Licence or any other relevant requirements of or regulations made by H.M.
Government of any governmental body or agency of any competent authority whether local or otherwise and without prejudice to the generality of the foregoing shall comply with all requirements or regulations in respect of avoidance of smoking or permitting or suffering naked lights electric or gas stoves or radiators to function in proximity to a tank or inlet pipe into which a delivery of the Goods are being made or a dip pipe connected to such a tank. The Customer shall fully indemnify and keep indemnified the Supplier against any damages claims expenses liabilities or costs which may arise as a result of the Buyer’s failure to comply with such requirements or regulations.
- RESALE AND ADVERTISING
The Customer shall not advertise or sell or permit to be advertised or sold any of the Supplier’s Goods under the Supplier’s name or trademarks or trade description except with the express prior consent of the Supplier in writing.
- The Customer shall not advertise or sell or permit to be advertised or sold under the Supplier’s name brand or trademarks or trade description any Goods not supplied by the Supplier and shall indemnify the Supplier in respect of any breach of the provisions of this clause.
- Where the Customer is treated by the Supplier as a consumer the Customer shall not resell, transfer or otherwise dispose of at any time to any other person firm or company any of the Supplier’s Goods sold to the Customer except for direct use by the Buyer in his/its business.
- All Goods are chargeable at the ruling price contained in the Supplier’s Wholesale Price Lists in force at the date and place of delivery after taking into account any rebate discount allowance premium or surcharge resulting from the volume purchased credit terms delivery point location or load size which are subject to individual negotiation at the time of contracting. The Supplier reserves the right to vary such rebate discount allowance premium or surcharge at any time.
- All prices are subject to all Government or other taxes duties levies charges surcharges or impositions where applicable at the appropriate rate and any variations of the same at any time shall be for the Customer’s account.
- Where the Supplier’s Goods are delivered in returnable packaging (e.g., oil drum or other canister) the Customer shall pay the appropriate deposit charged by the Supplier thereon
- PAYMENT AND TITLE
- The Customer shall pay for the Goods by one of the following methods:
- bank transfer;
- i. (ii)Credit/Debit card;
- ii. (iii)direct debit / standing order; or
- bank transfer;
- cash where the Customer makes payment at the Supplier’s premises
- on or before the delivery of the Goods and in the event that payment is not so made or not made in accordance with any other terms agreed in writing by the parties, the Customer shall pay to the Supplier interest on any outstanding sums at the rate per annum of eight percent above the base rate of the Bank of England in force at the date of delivery calculated monthly in arrears until payment is made.
- Where the Customer is Commercial and in the event the payment is not so made or not made in accordance with any other terms agreed in writing by the parties the terms of the Late Payment of Commercial Debts (Interest) Act 1998 will be applied.
- Until full payment and all interest thereon has been received by the Supplier in accordance with 10(a) hereof for all Goods whatsoever supplied by the Supplier to the Customer:
- Notwithstanding anything herein before contained, the Customer shall store the Goods in such a way that they can be readily identified as being the property of the Supplier; Subject to (iv) and (v) below, the Customer shall be at liberty to sell the Customer in the ordinary course of business (but not to an Associated Company) on the basis that the proceeds of sale shall belong to the Supplier and shall be kept in a separate account, and the Customer shall account therefore to the Supplier on demand, provided that the Supplier shall have no authority to enter into any contract of sale on behalf of the Supplier and any contract of sale shall accordingly be concluded in the name of the Customer;
- The Supplier may at any time revoke the Customer’s power of sale by notice to the Customer if the Customer is in default for longer than forty eight hours in the payment of any sum whatsoever due to the Supplier or if any bill of exchange, cheque or other negotiable instrument drawn or accepted by the Customer in favour of the Supplier is dishonoured on presentation for payment or if the Supplier has bona fide doubts as to the solvency of the Customer.
- The Customer’s power of sale will automatically cease if a Receiver is appointed over any of the assets or the undertaking of the Customer or a winding up order is made against the Customer, or the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation previously approved in writing by the Supplier) or calls a meeting of or makes any arrangements or compositions with creditors or commits any act of bankruptcy.
- Upon determination of the Customer’s power of sale under (iv) or (v) above the Customer shall place the Goods at the disposal of the Supplier who shall (without prejudice to any other right or remedy of the Supplier) be entitled to, at the expense of the Customer and without the Supplier being liable for any loss or damage, enter upon any premises of the Customer for the purpose of removing such Goods and to remove such Goods from the premises (including severance from the realty where necessary) and for the purpose of locking and sealing the tanks or apparatus or the storage where the Goods are sold or stored, until such time as the Supplier wishes to dispose of such products and for the purpose of disposing of the Goods from any premises of the Customer.
- Notwithstanding the provisions of this Clause the Supplier shall have the right (without prejudice to any other right or remedy available to it) to institute proceedings to recover the full price of the Goods (or any part thereof remaining unpaid) together with interest thereon as if the same were a liquidated sum recoverable as a debt.
- The cylinders remain the property of Nolan Fuel Oils Ltd.
- Lost cylinders will be charged at £100.00 + VAT per cylinder.
Property of the Goods shall remain with the Supplier and should the Goods for whatever reason be converted into or mixed with any other product whatsoever, the conversion or mixture shall be affected by the Customer solely as agent for the Supplier but without incurring any liability on behalf of the Supplier and the Supplier shall have the full legal and beneficial ownership of the product resultant upon such conversion or mixture.
The deposits charged and paid in returnable packages will be credited in full on the return of such packages in good condition to the nearest depot of the Supplier. If packages returned by the Customer are, in the Supplier’s opinion, unfit for immediate use the Supplier shall be entitled to retain the deposit paid thereon.
- Delivery of Goods shall be completed when it passes the inlet into the Customer’s Tank (for Goods delivered in bulk) or when Goods are off-loaded from the delivery vehicle when the Supplier delivers goods to the address of the Customer or when Goods are collected by Customer (for “Packaged Goods”).
- Once the Goods have been deposited into the Customer’s tank or equipment, the Goods will be deemed as delivered and will be non-refundable. It is the Customer’s responsibility to ensure that all tanks (with the exception of residential heating oil tanks) are properly labelled, detailing the Goods contained within.
- If our drivers attempt to make a scheduled delivery and are unable to as a result of inaccessibility of the property or the tank/equipment, non-cancellation, or any other reason beyond our control, a delivery charge will be charged to the Customer at a rate of £80.00 + VAT.
- The Customer may terminate this Contract by giving written notice to the Supplier at any time prior to the Supplier leaving the Supplier’s premises to fulfil your order (provided that the Supplier’s delivery costs have not already been incurred) and that the Supplier may charge you for the Goods held to fulfil your order or which are committed to acquire or hold to supply to you under the Contract and for such costs of cancellation, subject to the Supplier using its reasonable endeavours to mitigate its loss.
- Goods which are deemed delivered to your tank, pursuant to clause 12(a), will have been mixed with fuel already contained within your tank, the delivered products shall be deemed non-refundable.
- If you have paid for Goods that have not been received, and redelivery has not been possible, then a refund will be available to the Customer.
- Notwithstanding clause 14 and clause 14(b), the Supplier will accept the return of Packaged Goods from you provided that you pay our reasonable costs incurred in receiving and checking the Packaged Goods (save where the Packaged Goods are defective) and the Packaged Goods are as fit for sale on their return as they were on delivery.
- The Supplier retains its full discretion to cancel any order by giving written notice to the Customer, prior to the scheduled delivery to the Customer’s address.
- YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
Before the Goods are delivered, you have the following rights to cancel an order for goods, including where you choose to cancel because we are affected by an Event Outside Our Control or we change these Terms to your material disadvantage
- You may cancel any order for Goods up to 24 hours before the date of delivery by contacting us, the Supplier
- If you cancel an order under clause 15(a) and you have made payment in advance for Goods that have not been delivered to you, we will refund these amounts to you.
- If you cancel an order with less notice than 24 hours before the date of delivery, then we reserve the right to charge you a reasonable cancellation fee to cover administrative costs of which we will notify you at the time of cancellation
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
If we have to cancel an order for Goods before the Goods are delivered.
- We may have to cancel an order before the Goods are delivered due to an Event Outside Our Control see clause 17 or the unavailability of stock. We will contact you promptly should this happen
- If we have to cancel an order under clause 16 (a) and the Goods have not been delivered to you, we will refund these amounts to you.
- EVENTS OUTSIDE OUR CONTROL (FORCE MAJUERE)
If either party is hindered, delayed, or prevented from producing delivery by normal means or accepting delivery of any product, through circumstances beyond its reasonable control, either party may without liability, delay, reduce or cancel orders.
A circumstance not within a party’s reasonable control includes but is not limited to :
- Acts of God, flood, drought, earthquake or other natural disaster
- Epidemic or pandemic
- Terrorist attack, civil war, riots, war, threat of preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations
- Nuclear, chemical or biological contamination
- Power shortages, breakdown of plant or machinery, shortages of raw materials from usual suppliers, transport operations
- Employments disputes
- Fuel shortages and government or industrial action or inaction
Notwithstanding the provision of Clause 12 hereof the risk in the Goods shall pass to the Customer on delivery of the Goods to the Customer or his/its agents and the Supplier shall not after the risk has passed to the Customer be liable for any loss or damage by or arising out of or in connection with the storage use or handling of the Goods or otherwise and the Customer shall fully indemnify and keep indemnified the Supplier against all damages claims expenses liabilities or costs incurred by the Supplier in connection therewith. Where Goods are delivered in bulk (whether or not through hose) delivery thereof shall be deemed to take place when the Goods pass through the outlet valve of the loading rack road or tail tank wagon barge tankship or other delivery point (or hosepipe connection where applicable).
The Customer shall fully indemnify and keep the Supplier indemnified against all liability including employer’s liability in respect of any damage to the property (moveable or immovable) of the Supplier or its employees or agents or of the death or personal injury of the said employees or agents whilst upon the customer’s premises not being damage death or personal injury caused by the negligence of the Supplier or its said employees or agents.
Any difference or dispute relating to the quantity or quality of the Goods shall be notified to the Supplier within 24 hours of delivery and (relating to price) within 24 hours of first receipt of the invoice or statement to which the difference or dispute relates failing which the Customer shall be deemed to have waived all recourse in respect thereof.
- Except as herein specified all conditions, warranties, and guarantees statutory
- or otherwise, whether express or implied oral or written and all collateral agreements, statements, descriptions, stipulations or representations (whether oral or written) made by the Supplier whether expressly or impliedly relating to the Goods their state quality or fitness or their container are hereby excluded so far as the law allows.
- Any neglect forbearance or indulgence on the part of either party hereto relating to their rights hereunder shall in no way be deemed a waiver implied or otherwise of such rights.
- Any statutory common law or other warranties conditions descriptions express or implied as to the state quality or fitness of the Goods, or their containers are hereby excluded so far as the law allows.
- SPECIAL PROVISIONS
Lubricating oil and grease quantities delivered against the Supplier’s delivery note or invoice are approximately litres of 0.9 kilograms weight.
- Duty Rebated Oils supplied against the Supplier’s delivery note or invoice must be used by the Customer in strict accordance with the current Customs regulations.