Tate Fuel Oils LTD
TERMS AND CONDITIONS OF SALE
1.1 Any order placed by the Buyer, whether orally, in writing or electronic form, shall constitute a binding contract of sale once the Seller has accepted it.
1.2 Unless otherwise agreed in writing by the Seller, all products shall be supplied in accordance with the conditions of sale to the exclusion of any terms and conditions (if any) stipulated by the Buyer.
1.3 The Buyer shall be solely responsible for ensuring the accuracy of the terms of any order.
2.1 The product shall be charged at the price agreed on the date the order is made, subject to any increase equal to any new or increased tax duties or other imposts or any market variations imposed or occurring up to the date of delivery.
2.2 The price shall include all duties levies or other imposts (excluding VAT).
2.3 If no price is agreed on the day of sale, the order will be priced based on the day of delivery.
- Payment terms
3.1 Payment terms are cleared funds by card or bank transfer unless otherwise agreed by the Seller.
3.2 Credit shall only be available to the Buyer subject to the completion of the Seller’s credit application form. The offer of credit to any Buyer and the continuation of such credit terms shall be at the Seller’s sole discretion.
3.3 If credit is granted to the Buyer payment for each delivery shall be made no later than 7 days from date of invoice by direct debit unless otherwise agreed by Seller.
3.4 If any accounts are overdue the Seller shall be entitled without notice to cancel, terminate or suspend the agreement.
3.5 In the event that the Seller incurs legal costs or fees as a result of late payment the Seller shall be entitled to reclaim those fees from the Buyer on an indemnity basis.
3.6 If you suspend payment of your debts, or are unable to pay your debts as they fall due or admit an inability to pay your debts, or (being a Seller) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply; then Seller may cancel or suspend all further deliveries under these terms and conditions or under any other contract between you and the Seller without incurring any liability to you, and all outstanding sums in respect of goods delivered to you shall become immediately due.
4.1 Prompt payment shall be a condition precedent to further deliveries and in the event of the failure of the Buyer to pay in accordance with the credit terms, statutory late payment interest will be charged in line with the commercial debts (interest) act 1998.
5.1 The Seller will make every effort to effect delivery in accordance with the Buyer’s requirements and the Seller will in any event try to deliver within three working days of the order.
5.2 No delivery date is guaranteed and time shall not be of the essence.
5.3 Where delivery is taken at the Buyers premises the Buyer shall provide safe access for the delivery vehicle between the public highway and the actual delivery point.
5.4 The Buyer shall provide every facility to ensure that the products are promptly discharged or offloaded.
5.5 The Seller accepts no liability for any damage howsoever caused resulting from the Buyer’s failure to carry out their responsibilities under clauses 5.3 – 5.6
5.6 In the event the Seller is unable to effect delivery to the Buyer by reason of the failure of the Buyer to satisfy the Conditions in clauses 5.3, 5.4 and 6.2 or for any other reason (including the buyer’s refusal to accept the delivery of the products or part thereof) the Buyer shall pay to the Seller a delivery charge equal to £50 or 10% of the order value, whichever is the greater.
6.1 The Seller shall not be responsible for dipping checking or testing the Buyer’s tank.
6.2 The Buyer shall be solely responsible for ensuring that the fuel is delivered into the correct feed on the buyer’s tank which shall have sufficient capacity to receive the ordered quantity.
6.3 The Seller shall accept no responsibility for any damage whatsoever caused resulting from the failure on the part of the Buyer to comply with 6.1 and 6.2 above.
7.1 The Seller shall remain the owner of all product supplied until such time as full payment of all sums owing to the Seller have been paid.
8.1 The Seller’s liability in terms of these Conditions is in lieu of and to the exclusion of all other warranties conditions or obligations imposed or implied by statute or otherwise in relation to the quality or description of the goods or their fitness for any particular purpose and all liability for any loss or damage whether direct, indirect or consequential (howsoever arising) is hereby expressly excluded.
8.2 The Buyer shall indemnify the Seller against all claims for personal injury loss or damage to property brought against the Seller by third parties arising from the delivery storage or use of the products unless such injury loss or damage is solely attributable to the negligence of the Seller or the Seller’s employees or agents.
8.3 Without prejudice to the foregoing the Buyer is warned that the products are unsuitable for any use other than as petroleum products and no liability of any kind whatsoever is accepted by the Seller for any consequences of using the products for any other purpose.
8.4 In the event the Buyer is a consumer as defined under the Sale of Goods Act 1979 or any statutory modification thereof any provision of these conditions which is of no effect by reason of such statute regulation or otherwise shall not apply. For the avoidance of doubt the statutory rights of a consumer are not in any way affected by these Conditions.
9.1 This Agreement is personal to the Buyer and shall not be assignable in whole or by part by the Customer without the written consent of the Seller which may transfer all or any of its rights, benefits and obligations under this Agreement to any person at any time. Following any transfer, references to the Seller will be read as references to the transferee to the extent of the transfer.
9.2 The Seller reserve the right at all times to vary any of the terms of this Agreement and such variation shall take effect 30 days after written notice of such variation is served on the Customers by The Seller provided always that upon receipt of such variation the Customer shall be entitled to serve 30 days written notice to terminate within the 30-day period such notice to have the effect of postponing any change as regards the Customer until the date of termination.
9.3 This Agreement shall be governed by English Law and the parties submit to the exclusive jurisdiction of English Courts.
9.4 The Seller shall not be liable for any loss the Customer may suffer if it is prevented from or delayed in providing any service (including production of statements) due to strikes, industrial action, failure of power supplies or equipment or causes beyond its control or that of its suppliers, agents or contractors.
9.5 The Seller may at its discretion obtain information from third parties to ascertain the Buyer’s credit status.
9.6 For quality and security purposes all phone calls are recorded.