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- The Seller means Complete Tank Solutions of Unit 2, Woodfield House,
Gravel Lane, Banks, Southport, PR9 8BY
- The price paid by the Buyer to the Seller for the goods shall be
charged at the price ruling on the day:
(a) the goods are delivered to the premises of the Buyer
(b) the goods are collected by the Buyer from the Seller's or Authorized
Agent's of the Seller's premises
- In addition to the price referred to in paragraph 2 above, the Buyer
shall also pay to the Seller Value Added Tax thereon.
- Petroleum-Spirit (Conveyance by Road) Regulations, 1957 (and any
regulations amending or replacing the same)
In any delivery to which the above Regulations apply, the Buyer shall
ensure that such Regulations are complied with before and during delivery,
and in particular, shall ensure the strict observance of Regulation
16 of the above mentioned Regulations.
(a) The Buyer shall pay the said price to the Seller for all goods
supplied at the time of delivery of the goods to the premises of the
Buyer, or where applicable upon collection of the goods from the Seller's
or authorized Agent's of the Seller's premises or (where there is
prior arrangement in writing between the Seller and the Buyer)
(b) The Seller shall issue an invoice to the Buyer stating the price
payable for the goods and also stating a supplemental charge amounting
to 10% of the invoice value of the goods supplied. The Buyer shall
pay the said supplemental charge to the Seller if the Buyer has not
made payment of the price to the Seller by the due date for payment
under Clause 5(a). Such supplemental charge to be levied at the discretion
of the Seller.
(c) If the Buyer shall fail to pay for the goods supplied on the due
date the Buyer shall pay to the Seller interest on the overdue accounts
on a day to day basis at the rate of 10% per annum from the date when
payment was due under Clause 5
(a) up to the date of receipt of cleared funds by the Seller.
- The Seller will supply the goods to the Buyer upon the following
terms: -
(a) That the buyer will ensure that the storage into which the delivery
is to be made is safe and will accommodate the full quantity ordered.
(b) That the Buyer will ensure that the driver making the delivery
for the Seller couples-up with the correct feed on the Buyer's tanks.
(c) Where the Seller's vehicle is fitted with a metering device, the
quantity of fuel delivered is to be ascertained by reference to such
meter. Where no meter is fitted, quantity is to be ascertained by
measurement of the contents of the Seller's vehicle by means of the
gauge dip rod provided with each vehicle.
The Buyer shall be at liberty to check the correctness of the Seller's
calculations and to be represented at the measurement if they so wish,
but in the absence of such representation, the Sellers shall be entitled
to commence delivery and in this case the weight and measurement ascertained
by them shall be accepted by the Buyers as correct.
- Any express or implied condition, statement, representation or warranty,
statutory or otherwise, with respect to any matter other than title
or specification is hereby excluded so far as lawfully permitted.
In particular (but without limiting the generality of the foregoing)
it shall be the responsibility of the Buyer to determine whether products
are fit and suitable for any particular purpose for which they are
to be used whether or not made known to the Seller, its servants or
Agent.
- The Seller shall not be liable in respect of injury, loss or damage
of any kind and howsoever arising except to the extent that the same
shall arise directly from the negligence of the Seller, its employees
or Agents. In no event shall the Seller be liable for loss of profit
or contracts or other indirect or consequential loss or damage whether
arising from negligence, breach of Contract or howsoever.
- If the Buyer fails to adhere to these terms and conditions or any
of them the Seller shall be entitled to withhold further deliveries
under accepted or partially completed orders or vary the then existing
payment terms to cash on delivery.
- Title:
(a) The Insurable risk in the goods supplied shall pass to the Buyer
when the Buyer takes delivery.
(b) Notwithstanding the earlier passing of risk, title in the goods
supplied shall remain with the Seller and shall not pass to the Buyer
until the amount due under the invoice for them (including interest
and cost) has been paid in full.
(c) The Seller may at any time before title passes and without liability
to the Buyer repossess, use or sell all or any of the goods and by
doing so terminate the Buyer's right to use, sell or otherwise deal
in them and for (that purpose or determining what if any goods are
held by the Buyer and inspecting them) enter any premises of or occupied
by the Buyer.
(d) The Seller may maintain any action for the price of any goods
notwithstanding that title in them has not passed to the Buyer.
(e) The seller reserves the right to charge demurrage on deliveries
when they are delayed or aborted by the buyer or agents of the Buyer
without sufficient notice given to the seller.
- Delivery Conditions Customers should ensure that;
- Any special delivery instructions or hazards are clearly and
concisely notified at the time of order.
- If, to effect delivery, the tanker or delivery vehicle is required
to leave the public highway, the surface of any drive, access road
or similar (and any man lids or ducts) must be capable of accepting
heavy goods vehicles.
- Each oil storage tank must be sound and operational. In the case
of multi-occupancy premises, the customer’s tank should be
clearly marked.
- Each oil storage tank must have a working tank contents gauge
visible to the delivery driver.
- If more than one oil storage tank is located at the customer’s
premises, the grade of oil contained in each tank should be indelibly
marked or labeled at the outlet.
- Reasonable and safe access must be provided to each storage tank.
- After effecting delivery, the oil tank equipment will be left
in the same position that applied immediately prior to the delivery
being made.
If the advice given above, or any specific written advice given by Complete
Tank Solutions Ltd on a particular risk or defect is not acted upon, and
an incident occurs, the company and its insurers will consider this as
contributory negligence.
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