1 The following definitions, unless the context requires otherwise, apply to these Conditions:
a) the term Seller shall mean Euro Fuels Ltd and b) the term Buyer shall mean the person, company or other type of organisation that enters into a Contract to purchase Goods (and services) from the Seller.
2. All products supplied are chargeable at the prices ruling on the day of despatch irrespective of the date of the order, unless otherwise agreed at the time of ordering.
3. If a price has been agreed at the time of ordering it will be honoured on all products on despatch except in unforseen circumstances, ie. fuel shortages due to strikes, global influences and market instability. In such instances, the Buyer will be advised of the increased price and will be able to cancel their order if they wish with all monies being refunded to them.
4. If the Seller is unable to deliver the ordered quantity (due to lack of ullage in the tank, or at the request of the Buyer/Buyers agent) the Seller shall be entitled to increase the unit price of the product to reflect the delivered quantity.
5. Prices include Government Tax (if any) at the appropriate rates: any variation at anytime is for the Buyer’s account.
6. All deliveries are to be paid at the time of ordering by the following methods, debit card, credit card, Faster Payments, cleared cheque or cash before the order is despatched, unless otherwise agreed.
7. Any time or date for delivery named or accepted by the Seller is an estimate only and the Seller shall not be liable for the consequences of any delay.
8. Any Duty Rebated products supplied shall only be used by the Buyer in strict accordance with the current relevant Customs and Excise Regulations.
9. Where the Buyer is a commercial consumer, all petroleum products supplied by the seller are sold to the Buyer exclusively for the Buyer’s own use as a commercial consumer and must not be resold or otherwise disposed of to any other person or firm, except by registered RDCO dealers.
10. The risk shall pass to the Buyer from the time of delivery. Ownership of the goods shall not pass to the Buyer or his Agent until full payment has been received.
11. The Buyer shall permit entry on his property, the Seller’s staff and vehicles in order to supply his requirements, but shall indemnify the Seller against any damage, claims, expense or costs which may arise, other than that shown to be of negligence on the part of the Seller’s staff.
12. The Seller’s measurement of quantity will be accepted by the Buyer.
13. If delivery is made to an incorrect tank the Seller has the right to enter the Buyer’s property during any reasonable hour and recover the product.
14. Notice of any claim or claims for defect or variance in quality or shortage in quantity shall be given in writing not later than three days after the goods are delivered and such notices shall state when and where the Seller may inspect the goods in respect of which such claim or claims are made. The giving of such notice shall be a condition precedent to any such claim or claims and the default of such notice deems the Seller shall not be liable in respect of such defects or shortage.
15. The Seller will take reasonable and necessary steps to maintain safe deliveries to Buyers’ premises. However, Buyers should take note of the following advice:
a) Any special delivery instructions or hazards must be clearly and concisely notified at the time of order.
b) If, to effect delivery, the tanker is required to leave the public highway, the surface of any drive, access road or similar (any manlids or ducts) must be capable of accepting heavy goods vehicles.
c) In the case of multi-occupancy premises, the Buyer’s tank should be clearly marked.
d) The Buyer will ensure that their oil storage tank and associated equipment, pipe work, devices and any working tank contents gauge fitted are sound, operational, safe, in good working order, suitable for the grade of fuel ordered, properly vented, comply with applicable laws and will accommodate the full quantity of product ordered.
e) If more than one oil storage tank is located at the Buyer’s premises, the grade of oil contained in each tank should be indelibly marked or labelled at the outlet and fill point if an off set fill is fitted.
f) Any disused oil storage tanks and/or off set fill points, unsafe tanks or unsafe equipment should be marked accordingly with an appropriate label or indelibly marked.
g) If the product is delivered to an incorrect tank as a result of the Buyer/Buyer’s agent negligence, the Buyer will bear the cost of recovering the products.
h) Reasonable and safe access must be provided to each oil storage tank.
i) After effecting delivery, the oil tank equipment will be left in the same position that applied immediately prior to the delivery being made, unless otherwise advised by the Seller or instructed by the Buyer.
j) Where electric or other forms of controlled gates are present, sufficient time must be allowed for the delivery vehicle and its equipment to access or exit before closing.
k) Any gates and/or tank locks must be left open/removed unless the Buyer has given the Seller the relevant code(s) beforehand.
l) If the Seller is unable to effect delivery to the Buyer by reason of the failure of the Buyer to satisfy any of the above conditions, the Buyer shall pay the Seller a non delivery charge equal to £35 plus VAT. This fee will also be charged in the event of a customer cancelling once the order has been scheduled and/or is out for delivery.
The Buyer shall indemnity the Seller against any damages, claims, expenses or costs which may arise as a result of the Buyer’s non-observance of these conditions.