Terms And Conditions
Niall Clarke Oil’s Ltd does not accept responsibility for the dipping or testing of the buyer’s tanks. This together with the obligation to see that the truck operator couples up with the correct feed on the buyer’s tank rests entirely with the buyer.
The Licensee/Buyer is responsible for providing safe and suitable bulk storage which complies in all respects with all relevant requirements of and/or regulations made by M. Government or other competent authority and for ensuring that it will take the full quantity ordered – and in the case of motor spirit for procuring certification that the storage into which delivery is to be made will safely receive the full quantity ordered, and that the connecting hose is properly and securely connected to the fitting point of the said storage, and the Buyer is referred to the regulations currently in force relating to the storage and use of petroleum spirit. The Buyer shall also indemnify the Seller against any damages, claims, expenses or costs, which may arise as a result of the Buyer not observing these conditions.
The Buyer shall also be responsible for insuring that the storage into which the delivery is to be made will accommodate the full quantity ordered.
The sellers’ measure of quantity shall be accepted by the buyer, save in the case of manifest error and the sellers reading of which shall be conclusive and binding upon both parties. The seller cannot accept any responsibility whatsoever for discrepancies in the buyers tanks, dip rod or other measuring device. It is conditions of every bulk sale that the quantity shown by the terminal meter ticket 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 they so desire.
In the event of missing contingents, short delivery or damage, the seller shall only be required to investigate the circumstances if the seller is notified in writing within three days of the date of dispatch.
The price to be paid in respect of any order received or delivered made shall be the price ruling at the date of delivery of the order and where the delivery of any order is made in more than one consignment, the price for each consignment shall be at the price ruling on the date on which such consignments are delivered. Such price shall reflect any tax, duty or other imposition in respect of the product (s) (other than Value Added Tax).Value Added Tax, if applicable, will be charged separately.
Notice of any claims for damage, defect, variance of quality or description or shortage in quantity shall be given by the buyer in writing to the seller at their registered address as shown on invoice, no later than three days after the product(s) are delivered or in the case of non-delivery of the whole consignment within three days of receipt of invoice and such notice shall state where and when the product(s) 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 the full quantity of the product(s) to which the invoice relates unless.
Subject to the above clause, the seller undertakes to replace at its own expense any product(s) which differs in quality or description on delivery from the product(s) purporting to be sold on the invoice. 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 consequent upon the sale or delivery of the product(s) hereunder.
Payment for suppliers will be affected by cash on delivery or in accordance with the terms established from time to time by the seller. Where such terms are exceeded, interest will be charged at the current bank rate on the amount overdue.
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 is not in the seller’s immediate control.
All deliveries at the buyer’s premises or into the buyer’s vehicles are at the sole risk of the buyer.
Risk in the product(s) shall pass to the buyer, but ownership remains with the seller and shall pass to the buyer only when it has paid and discharged to the seller all monies, including interest, that are due to the seller on whatsoever grounds and arising out of whatsoever circumstances.
On the buyer making default on the payment of monies which are due and owning, the seller at their option and without notice shall have the right and the buyer so hereby agrees to enter upon a premises where the product(s) are located and take possession of and remove same.
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 accepted or partly completed orders.
Acceptance of the product(s) to which the invoice relates will be treated as an acceptance of these conditions.
Online Payment Notice: Niall Clarke Oils Ltd only accepts the following Credit Cards – Laser, Visa Debit, Visa Card and Mastercard. Niall Clarke Oils Ltd regrets that we are unable to accept American Express cards or any other card that is not listed above
In normal use, fuel oil is safe, however observe the following precautions:
- The product(s) supplied are FLAMMABLE and in the event of fire, a CO2 foam or dry powder extinguisher should be used;
- Avoid handling the product, if splashed into eyes or swallowed, seek immediate medical assistance;
- The product(s) should be stored in a properly constructed, installed and maintained tank(s).
Limitations On Use
All product(s) supplied are sold exclusively for the buyers own use and shall not be resold, transferred of disposed of by the buyer to any other person(s), private or commercial unless the product(s) we supplied by the seller to the buyer specifically for resale.
The information available from this website is intended as a guide only and does not purport to be a legal interpretation. In the event of any discrepancy between the version of a document obtained from this website and the designated official version, the designated official version is the authoritative one.