Conditions of Supply
1. All products supplied are chargeable at the price ruling on the day of despatch irrespective of the date of the order or the amount of cash sent with the order. All goods are subject to cash with order unless credit is granted by the Company when accounts shall be subject to payment by the 20th day of the month following the month of despatch of that delivery by the Company.
2. Prices include Government Tax (if any) (other than Value Added Tax) at the appropriate rate; any variation at any time is for Customer’s account, Value Added Tax, if applicable, will be charged separately.
3. Where the Company delivers in bulk, it is the Customer’s responsibility
a) To provide a safe and suitable bulk storage which complies in all respects with all relevant requirement of and/or regulations made by any competent authority
b) To ensure that the storage into which delivery is to be made will accommodate the full quantity ordered and in the case of Motor Spirit to produce certification to this effect and also to the effect that the connecting hose is properly and securely connected to the filling point. In this regard the Customer is referred to the regulations currently in force relating to the storage and use of petroleum spirit.
c) To observe all the conditions of the Customer’s Petroleum Storage Licence or any other regulations laid down by any competent authority and in particular without limiting the generality of the foregoing in respect of avoidance of smoking, naked lights, stoves, electric or gas fires or radiators to function in proximity to a tank or inlet pipe into which a delivery is being made or a dip pipe/or vent pipe connected to such tank. The Customer will indemnify the Company against all damages, claims, expenses or costs which may arise as a result of the Customer’s non –observance of these conditions.
4. It is a condition of every bulk sale that the quantity shown by the Company’s tank wagon dip rod or other measuring devices employed by the Company shall for the purpose of accounts be accepted by the Customer as the quantity delivered. The customer may be represented at the taking of these measurements in order to verify them if he so desires. The Company cannot accept responsibility whatever for discrepancies in the Customer’s tanks, dip rods or other measuring devices. If on any delivery the Customer or any representative of the Customer whether or not for the purposes of verifying the Company’s measurements or quantity for that delivery mounts any tank wagon used on that delivery the Customer or his representative (as the case may be) shall do so at his own risk and the Company accepts no responsibility whatsoever therefor.
5. PASSING OF RISK
All goods shall be at the sole risk of the Customer from the moment delivery is made to the Customer’s premises or to any other premised designated by the Customer for delivery of the goods. The deposits charged on Returnable Packages (which remain the property of the Seller) are due for payment with the account and will be credited in full on return of such packages in good condition, carriage forward. Other packages on which no deposit is charged are non-returnable.
6. RESERVATION OF TITLE
Notwithstanding delivery and passing of risk the property and title in the goods shall remain in the Company and shall not pass to the Customer until the Customer shall have discharged all sums due by the Customer to the Company at the date of final handing over of possession of the goods (hereinafter referred to as “all Relevant Sums”) whether such sums shall be due on foot of this transaction or shall be due on foot of some other transaction or transactions between the Customer and the Company. In such circumstances the following provisions shall apply:
The Company hereby confers on the Customer the right to sell or otherwise dispose of the goods, subject to as hereinafter provided in the normal course of business. If the Customer (who shall in such case act on his own account and not as agent for the Company) shall so sell or otherwise dispose of the goods the Customer shall hold all monies received for such sale or other disposition in trust for the Company and undertake to maintain an independent account for all sums so received and on request shall provide all details of such sums and accounts. Notwithstanding the property remaining in the Company all risks shall pass to the Customer on delivery of the goods to the Customer’s premises and so long as the title in the goods shall remain in the Company the Customer shall hold the goods as Bailee for the Company and store the goods safely and suitable so as to clearly show them to be the property of the Company and identifiable as such. The Customer hereby authorises the company to enter upon the premises of the Customer or any other premises designated by the Customer for delivery of the goods to recover possession of the goods at all reasonable times without notice to the Customer. Nothing in this clause shall confer on the Customer any right to return the goods. The Company may maintain an action for the price not withstand that property and title in the goods shall not have vested in the Customer.
Prior to the payment in full of all sums due by the Customer to the Company under this contract the Customer shall be entitled to sue the goods as provided above but may not offer the goods or their proceeds where sold or otherwise disposed of as security for the performance of any obligation of the Customer to any third parties. At any time prior to the Customer paying all relevant sums the Company may, by notice in writing delivery to the Customer’s last known address or place of business, determine the Customer’s right to use the said goods in the manner detailed above or at all, whereupon the Customer shall forthwith return the goods to the Company or the Company may enter the Customer’s premises at all reasonable timers for the purpose of recovering the said goods or any part of them. Further, in the happening of any of the events set out below, such event shall forthwith without any necessity for notice, determine the Customer’s right to use, sell or otherwise dispose of the goods.
a) Any notice to the Customer that a Receiver of Manager is to be or has been appointed.
b) Any notice to the Customer that a petition to wind up is to be or has been presented or any notice of any resolution to wind up the Customer (save for the purpose of reconstruction or amalgamation) has been passed
c) A decision by the Customer that the Customer intends to make an arrangement with its creditors.
d) The insolvency of the Customer within the meaning of Section 62 Sub-Section 3 of the Sale of Goods Act 1893. Furthermore and independently of the above, where any of the foregoing provisions do not apply the Company hereby reserves the right of disposal as provided by Section 19 (1) of the Sale of Goods Act 1893. Where credit is granted the contract for the sale of the goods is subject to the reservation of the title.
If packages returned by the Buyer are unfit for the Seller’s immediate use the Buyer shall forfeit as liquidated damages the deposit paid thereon or such lesser sum as the Seller shall in its sole discretion think fit and the Buyer shall be liable for Value Added Tax thereon applicable by law.
a) All claims for damage to or partial loss of materials in transit (where appropriate) must be submitted in writing by the Customer to the carrier and the Company within three days of delivery.
b) All claims for non-delivery of the whole of any consignment or any separate package forming part of a consignment must be submitted in writing by the Customer to the carrier (where appropriate) and the Company within ten days of the date of the invoice or of advice of despatch whichever is the earlier.
c) In the event of notification of claims within the times mentioned in a) and b) above goods shall be deemed to have been delivered in accordance with the contract.
d) Claims the goods are non-stated quality or quantity can only be considered subject to:
i) The Company being notified in writing immediately of such claim
ii) The Company being afforded a reasonable opportunity to carry out any inspection and to have a representative present at the time of the extracting of any sample by the Customer from any tank or other container for the purpose of analysis with one part of such sample being delivered to the Company’s representative.
e) The Company’s liability for damages arising out of any such claims shall in no event exceed the purchase price of the delivery in respect of which any claim is made. In no circumstance will the Company be liable for any consequential loss or damage, no matter how arising.
8. FORCE MAJEURE
In no circumstances will the Company be liable for any breach of contract due to lockouts, strikes, industrial disputes, shortages of material, delay in transit, accident, unforeseen hindrance or any other cause outside the Company’s control.
9. MOTOR SPIRIT AND DIESEL FUEL FOR ROAD VEHICLES TO COMMERCIAL CONSUMERS
Motor Spirit and DERV Fuel are sold exclusively for the Customer’s own use as a Commercial Consumer and are not to be used in private cars, re-sold or transferred to any other person or firm. In the event of any infringement of this condition the Company may decline to continue deliveries and may refer the Customer for further supplies to the Ordinary trade channels at full retail price.