Standard Terms and Conditions for sale of product
The property in the goods the subject of any contract between Dan Oil and the Buyer shall not pass to the Buyer until the full amount of the purchase price has been paid. In default of payment, Dan Oil shall be entitled to repossess its goods, without notice and the Buyer hereby irrevocably authorises Dan Oil to enter its property in order to effect such repossession in such event. Where the goods of Dan Oil are mixed with other goods then the Rule in Clayton's Case shall apply to such mixed goods, that is first in, first out
It is a condition of sale of any Aviation or Motor Fuels supplied against this invoice that the Buyer will strictly observe all the conditions of their Petroleum Storage Licence and that they will not allow any smoking or naked lights nor permit any stoves, electric or gas fires or radiators to function in proximity to a tank or inlet pipe into which a delivery of spirit is being made or a vent pipe connected to such a tank and will indemnify Dan Oil against any damages, claims or costs arising out of a breach of this clause.
1. Dan Oil Company Limited and all associated Companies (Dan Oil) shall sell and the Buyer (as stated overleaf) shall purchase the product in accordance with any written supply or other written Agreement between Dan Oil and the Buyer, if any. Any Contract of Sale between Dan Oil and the Buyer shall be subject to these terms and conditions which shall apply to all contracts for the purchase of Goods by the Buyer from Dan Oil to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any offer or similar document or in correspondence. These Conditions constitute the entire understanding between the Buyer and Dan Oil with respect to the subject matter covered by the contract of purchase and supersede all previous agreements and understandings between the parties.
1.1 Dispatch or delivery of the Goods by Dan Oil to the Buyer shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
1.2 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall not be binding and inapplicable unless agreed in writing by Dan Oil.
2. Any advice or recommendation given by Dan Oil or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the product which is not confirmed in writing by Dan Oil is followed or acted upon entirely at the Buyer's own risk and Dan Oil shall not be liable for any such advise or recommendation which is not so confirmed.
3. The Buyer shall be responsible for:-
I dipping, checking and testing the tanks;
II ensuring that his/her tanks are adequate to cope with the volume of product ordered from Dan Oil and;
III ensuring that Dan Oil driver connects onto the correct fuel line of the Buyer's tank where Dan Oil effects delivery;
IIII all environmental issues and the proper upkeep of equipment/tanks.
4. The Buyer shall accept the quality of product indicated by Dan Oil's meter or dip rod as having been discharged from Dan Oil's tank. It is the Buyer's responsibility to ensure at the time of delivery that he/she receives the quantity and kind of product ordered by him/her. The Buyer expressly waives and foregoes any claim, right or entitlement against Dan Oil in respect of any wrong or short delivery for which he/she does not give written notice to Dan Oil at the time of delivery. The Buyer shall accept that the delivery contains full measure when delivered by Dan Oil but owing to the volatile nature of petroleum Dan Oil cannot hold itself responsible for any shortage after the product is delivered.
5. 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 Dan Oil and undertakes with Dan Oil that he / she will not permit naked lights, electric or gas fires, radiators or any similar matter or thing likely to ignite the product close to Dan Oil's tanker or inlet pipe into which delivery of the Product is being made or vent pipe connected to such tank. The Buyer shall fully indemnify and hold Dan Oil against all claims, demands, loss, damages and expense suffered or incurred by Dan Oil directly or indirectly in consequence of any breach of this clause. The Buyer shall at all times provide a safe place and environment for the delivery of the Product.
6. The price of the product shall be Dan Oil's quoted price (plus VAT when applicable) or where no price has been quoted, the price to apply will be the price at delivery irrespective of the date of order. If the 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 each 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. In the event of the price of the product being increased by any tax, levy as a result of war, international dispute or by virtue of an Order of any local or national government or authority the costs of such increase shall be borne by the Buyer. It is the responsibility of the Buyer to satisfy himself/herself of the price of the Product prior to delivery. Where the buyer is a commercial consumer such product is sold exclusively for his/her own use or trade purposes only and must not be resold, transferred or disposed of to any other person, firm, company or corporation. If payment in full is not received by Dan Oil the Buyer will be liable to pay interest to Dan Oil on such sum due from the date due at the rate of 5% per annum, accruing daily, until paid in full whether before or after any judgement.
7. The Buyer shall pay Dan Oil 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 Dan Oil in writing. In the event that the Buyer fails to pay Dan Oil in full within the time stipulated by the credit terms, then interest will be charged at the rate of 5% per annum. Interest shall be paid by the Buyer to Dan Oil on the amount outstanding from the last day on which monies ought to have been paid under the agreed credit terms, accruing daily, until paid in full.
8. If the Buyer fails to make any payment on the due date then without prejudice to any of Dan Oil's other rights Dan Oil may:
8.1.1 suspend or cancel deliveries of any articles due to the Buyer; and/or
8.1.2 appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as Dan Oil may in its sole discretion think fit.
8.2 Dan Oil further reserves the right to refuse to supply the Buyer or deliver the product on foot of orders thereof previously accepted by Dan Oil from the Buyer, if:
8.2.1 the Buyers account is overdue or its general credit standing is unsatisfactory; and/or
8.2.2 the Buyer makes any voluntary arrangements with its creditors being a company or (being an individual or firm) commits an act of bankruptcy or goes into liquidation (or ceases or threatens to cease to carry on business) or if an encumbrancer takes possession, or a receiver or examiner is appointed, of or over any of the property or assets of the Buyer of Dan Oil reasonably apprehends that any of the events is about to occur in relation to the Buyer and notifies the Buyer accordingly. Furthermore, and without prejudice to the foregoing, on the happening of any such event all unpaid accounts shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
9. 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 Dan Oil and sent to Dan Oil'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. Where the Buyer does notify Dan Oil of a complaint within the seven day period no liability shall attach to Dan Oil. In the event that the Buyer is aware of the deficiency of any product supplied by Dan Oil, the Buyer is fully responsible for any issues which may arise for product supplied to the Buyers customers, after the Buyer became aware of any deficiency of product.
10. Except in respect of death or personal injury caused by Dan Oil's negligence, Dan Oil shall not be liable to the Buyer by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether economic loss or loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Dan Oil, its employee or agents or otherwise) which arise out of or in connection with the supply of the product or its use or resale by the Buyer, except expressly provided in these conditions. In any event Dan Oil's liability for actual damages from any cause whatsoever will be limited to the greater of €100,000; or the cost of the product supplied that caused the damages or that is the subject matter of, or directly related to, the cause of action.
11. Dan Oil 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, war, adverse weather conditions, where a shipment for any reason is unable to reach a terminal, or any other unexpected or exceptional cause existing either at any of Dan Oil's workplace or elsewhere by reason of the non-availability or the failure of Dan Oil to obtain the product by reason of any such cause.