Any Contract of Sale between the Seller (Stewarts FuelOil Ltd) and the Buyer shall be subject to these terms and conditions and in the event of any terms and conditions appearing on any documentation furnished by the Buyer which are inconsistent to these terms and conditions these shall prevail.

1. The Buyer shall be responsible for (i) dipping, checking and testing of his tanks, (ii) Ensuring that his tanks are adequate to cope with the volume of the product ordered from the Seller and (iii) Ensuring that the driver connects onto the correct fuel line of the Buyer’s tank.

2. The Buyer shall accept the quantity of product indicated by the Seller’s meter or dip rod as having been discharged from the Seller’s tanker.

3. The Buyer shall observe and comply with the requirements of any Statute, Statutory Instrument, Order and Regulation governing the discharging and storing of product similar to that sold hereunder by the Seller and undertakes with the Seller that he will not permit naked lights, electric or gas fires, radiators or any similar matter or thing likely to ignite the product close to the Seller’s tanker or an inlet pipe into which delivery of the product is being made or a vent pipe connected to such tank.

4. The price to be paid by the Buyer in respect of the product contracted to be purchased shall be the price ruling on the date of delivery of the order and if delivery of any order is made in more than one consignment the price of each consignment shall be the price ruling on the date on which each such consignment is delivered. In the event of the product being increased by any tax, levy or other such similar increase the price of the product contracted to be purchased by the Buyer shall be increased by such relevant increase. Should the price be increased as a result of war, international dispute or by virtue of an Order of any local or national government or authority the cost of such increase shall be borne by the Buyer.

5. The Buyer shall pay the Seller for the product on delivery or in accordance with such credit terms as may have been agreed from time to time between the Buyer and the Seller. In the event that the Buyer fails to pay the Seller within the time stipulated by the credit terms then interest at the interest rate will be the European Central Bank main refinancing rate in force on the due payment date plus 7 percentage points. The Seller will charge a Late Payment charge in line with the European Communities (Late Payment in Commercial Transactions) Regulations 2002. The Seller reserves the option to refer an account to a solicitor or collection agency and register judgement. A compensation fee of €500 to cover initial legal fees and costs will be imposed.

6. Any claims for damages, deficiency in quality or arising out of the quality of the product shall be given in writing by the Buyer to the Seller and sent to the Seller’s Depot from which the goods were delivered within seven days after the goods were delivered or in the case of non-delivery of the whole of the consignment within seven days after receipt of invoice. For the purposes of this clause time shall be deemed to be of the essence.

7. The Seller shall not be liable for loss or damage of any kind whatsoever caused by or resulting from any delay in the delivery of the product or the completion of any order under this sale where delay arises by reason of lockouts, strikes, trade disputes, breakdown of plant, fire, ice, act of God, riot, civil commotion, embargo or other unexpected or exceptional cause existing either at any of the Seller’s workplaces or elsewhere or by reason of the non-availability or the failure of the Seller to obtain the product by reason of any such cause.

8.1 The property in the goods the subject of any contract between the Seller and the Buyer shall not pass to the Buyer until the full amount of the purchase price has been paid. In default of payment the Seller shall be entitled to repossess the goods without notice and the Buyer hereby authorises the Seller to enter its property in order to effect such repossession in such event.

8.2 The Buyer is authorised to sell the product pending payment of the price PROVIDED ALWAYS that the Buyer shall segregate the proceeds of such sales from all other funds under its control.

8.3 The Buyer is obliged to take reasonable care of the product to which the Seller retains title and to insure them against loss and damage at its cost. Such insurance shall cover the insurable interest of the Seller and the Buyer.

9. The contract shall be deemed to be made by the Seller and the Buyer at the Depot of the Seller from which the product is delivered to the Buyer.

10. In the event of the Buyer failing to adhere to these terms and conditions the Seller shall be at liberty to cease further delivery in the event of an Order not being fully delivered by the Seller.

Regulation 32 of Mineral Oil Tax regulation 2012 states:

(a) in the case of marked gas oil, the following:
“It is an offence to keep marked gas oil in the fuel tank, or use it in the engine, of a motor vehicle.”

(b) in the case of marked kerosene, the following:
“It is an offence to keep marked kerosene in the fuel tank, or use it in the engine, of a motor vehicle.”



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