These conditions apply to the sale and delivery of any Products ('the Goods') by MyFuels ('the Company') to a purchaser ('the Buyer') unless they are inconsistent with any other express terms of agreement made between the Seller and the Buyer in writing before the Products are delivered. The following conditions of sale do not imply a credit account ongoing credit will not be granted.
Offer of Acceptance The placing of an order (whether orally or in writing) and whether or not based on a quotation from the Company, shall be deemed to be subject to the Terms and Conditions herein contained, and these Terms and Conditions shall be applied to the order and to any contract resulting from the acceptance thereof to the exclusion of any other provision contained in any other document issued by either the Buyer or the Company. In particular, but without prejudice to the generality of the foregoing contained in any order sent by the Buyer.
Any modifications or amendments of these Terms and Conditions shall not be binding upon the Company unless otherwise stipulated herein, or agreed on behalf of the Company by duly authorised individual.
The Company reserves the right to accept or reject, in whole or in part, orders received by it from any person employ by the Buyer.
Delivery Any delivery dates and times given are estimates only and any delay in delivery shall not give the Buyer the right to repudiate the contract or to reject the Goods in question. The Company does not accept any liability for any loss or damage resulting from delay in delivery, or failure to deliver whether or not caused by circumstances within its own control.
Delivery of and risk in the Goods shall be deemed to have been taken place by the physical delivery or discharge passing through the hose connection of the storage tank container or as the transfer of the Goods to the Buyer at his Company address or premises, or the physical delivery of the Goods to the Buyer's haulier or to an independent haulier employed by the Buyer for the carriage of the Goods in question.
Signature of any delivery by any agent, employee or representative of the Buyer or by any independent haulier shall be conclusive proof of the delivery or by the Company or its Agent, Haulier carrying out the delivery in accordance with specific instructions given in writing by the Buyer.
Where the Company delivers in bulk or bulk container the Buyer has the responsibility of ensuring safe access, safe and suitable storage fully complying with all aspects and regulations made by H.M.Government or other acknowledged authority and that all receiving storage facilities will accommodate the full quantity ordered and where necessary produce the required certification relating to the storage of motor spirit if applicable or any other regulations relating to the Goods delivered and that all health and safety regulations and requirement laid down by H.M.Government or other acknowledged authority are fully complied with at the point of delivery whether in the passing, storage and handling of Goods. The Company cannot accept any responsibilities for the health and safety of the Buyer or his/hers representatives mounting the Company’s vehicles for whatever reason or purpose.
Except when within a written guarantee is given by the Company, at any time or date for the delivery is an estimate only and shall not be of the essence. Claims for non-delivery or damage will only be accepted if received in writing within 3 days of date of delivery or of damage.
Damage caused due to inadequate site access and or the lack of proper facilities shall be at the risk of the Buyer.
Quantity, Weights & Measure The quantity of all consignments shall be ascertained by or on behalf of the Company and be notified to the Buyer on a delivery or advice note. Such quantity shall be conclusive unless any irregularity in the measuring or in the notification is proved.
The quantity of all bulk deliveries are sold on the basis of the weight or measurement on the Company’s measuring devices and the Company cannot accept any responsibility whatsoever for discrepancies in the Buyers storage facility, tanks, dip sticks or other measuring devices.
Details of any quantity deficiency subsequently evidenced by the Buyer must be notified to the Company within 24 hours of the delivery.
Transfer of Property The property in the Goods shall not pass to the Buyer and legal beneficial ownership of the Goods shall remain with the Company unless and until the Company has received payment in full for the Goods in question (each being considered as a whole).
The Buyer holding such Goods as bailee and storing the same separately or prior re-sale in which case the Company’s beneficial entitlement shall attach to the proceeds of the re-sale or to the claim for such proceeds.
The Buyer at all time shall hold such proceeds of sale as trustees for the Company.
In the event of recovery of Goods being necessary, the Company shall be entitled to enter any premises where these Goods are stored or believed to be stored.
Risk & Insurance The Company shall not be liable in respect of any claim arising out of any loss or damage caused to any person or property by the use of any of the Goods supplied.
Payment Terms Payment of the Goods is expected to be made in accordance with terms agreed by the Company. A Buyer in subsequent breach of these terms can be charged interest at the rate of 2% per month without prejudice to the Company’s rights of recovery.
The Buyer shall not be entitled to make any set-offs against sums due to the Company or withhold payment in respect of any counterclaim without the express written permission of the Company.
VAT/Duty All prices quoted are inclusive of Value Added Tax ruling at the time of supply.
All prices relating to the supply of Hydrocarbon Fuels and or Goods shall include Excise Duty at the rate in force at the time of supply. All variations in duty (or any other Government taxation’s) is for the Buyer’s account as levied from time to time.
Force Majeure If the Company is prevented or delayed (directly or indirectly) from making a delivery of the Goods or any part thereof on the agreed date of delivery or from otherwise performing the contract or any part thereof by reason of act(s) of God, war, riot(s), lock-out(s), trade dispute(s), fire(s), break-down, interruption of transport, Government action, delay in delivery to the Company of any Goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) outside its control, it shall be under no liability to the Buyer and shall be entitled without any liability to extend the time or times for delivery or otherwise performing the contract or any part thereof by period equivalent to that during which such delivery or installation or performance has been prevented by any of the restrictions herein before referred to.
Returns, Quality Complaints If the Buyer has cause to lodge a complaint of the quality of the Goods delivered by the Company, details of such complaint must be received in writing at the Company’s office within 3 days of the Goods being delivered in order that the complaint can receive attention. Outside of this arrangement the Buyer will not be entitled to receive recompense from the Company should the complaint subsequently contain any substance.
Any goods returned must be in a saleable condition and unopened within the original packaging/containers. Any goods returned must be made with the prior written agreement of the Company.