- McLoughlins Oil Products and all associated companies (the Seller) shall sell and the Buyer (as stated overleaf) shall purchase the product in accordance with any written supply or other written agreement between the Seller and the Buyer, if any. Any contract of sale between the Seller 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 them, then the terms and conditions of the Seller shall prevail. These conditions shall govern the contract to the exclusion of any other terms and conditions.
- No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.
- Any advise or recommendation given by the Seller 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 the Seller is followed or acted upon entirely at the Buyer’s own risk and the Seller shall not be liable for any such advise or recommendation which is not so confirmed.
- The Buyer shall be responsible for:
- dipping, checking and testing of tanks
- ensuring that all tanks are adequate to cope with the volume of product ordered from the Seller
- ensuring that the Seller’s driver connects onto the correct fuel line of the Buyer’s tank where the Seller affects delivery
- all environmental issues and the proper upkeep of equipment/tanks.
- The Buyer shall observe and comply with the requirements of any state 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/she 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 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 the Seller against all claims, demands, loss, damages, and expense suffered or incurred by the Seller 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.
- The price to be paid by the Buyer in respect of the product contracted to be purchased shall be the price ruling on date of delivery of order unless specifically agreed in writing between the Company and the Buyer, for the price to be based on the date of order. The Company reserves the right to reprice the product based on movement in commodity pricing between the date of delivery and date of order, unless a prior written agreement is in place. In the event of the product being increased by a 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.
- Notwithstanding the agreement on price as defined in Clause 6.1 hereof, unless otherwise agreed, the quantity of product that the Seller will sell to the Buyer will be the temperature corrected quantity as at 15 degrees Celsius. This temperature correction shall apply at all supply locations where the temperature corrected quantity information is available to the Seller. Where the quantity is not the temperature corrected quantity as at 15 degrees Celsius, the Buyer shall accept the quantity of product indicated by the Seller meter or dip rod as having been discharged from the Seller’s tank.
- It is the Buyers responsibility to ensure at the time of delivery that he / she receives the quantity and kind of product ordered. The Buyer expressly waives and forgoes any claim, right or entitlement against the Seller in respect of any wrong or short delivery for which he / she does not give written notice to the Seller at the time of delivery.
- Supply locations will include inter alia delivery vehicles, storage locations operated by the Seller and storage locations where the buyer loads product using the Seller’s account.
- 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 will be charged in accordance with the late payments in commercial transactions regulations 2002, the penalty interest rate is the European Central Bank main refinancing rate plus seven percentage points. Interest shall be paid by the Buyer to the Seller on the amount outstanding from the last day on which monies ought to have been paid under the agreed credit terms.
For commercial customers that pay by direct debit, the Seller will require the Buyer to sign both a SEPA (Single Euro Payment Area) Business Mandate and a Debtors Confirmation (Waiver). As part of our quality assurance process for SEPA, the Seller may process a Direct Debit for the amount of €0.01 under the SEPA scheme. In the event that the Buyer is included in the sample, the Seller will upon request credit any such €0.01 payment to the Buyers account.
Under the SEPA Direct Debit Scheme, the Seller is required to notify the Buyer of a direct debit transaction at least 14 calendar days prior to the due date. This 14 day notice period may be varied between the Buyer and the Seller. We will assume, unless you notify us to the contrary, that you are happy for pre – notification to be given less than 14 calendar days in advance of the due date for payment. The pre – notification is required to include the amount and due date of the direct debit (the SEPA required information) . In order to comply with this requirement, please consider any commercial invoice or electronic communication provided by the Seller to the Buyer which includes the SEPA required information as pre – notification thus fulfilling this requirement.
- Delivery of the product shall be made by the Buyer collecting the product at the Sellers premises at any time after the Seller has notified the Buyer that the product is ready for collection or if some other place for delivery is agreed by the Seller, by the Seller delivering the product to that place. The Buyer collecting the product must have in place the appropriate insurance required and any other licences etc. required to enable the Buyer collect the product and further that the Buyer confirms and undertakes to comply with any conditions in relation to use and entry onto the terminal and that if there are any such terms that he/she acknowledges that they are read in advance.
- Risk of damage to or loss of the product shall pass the Buyer:
- In the case of the product to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the product is available for collection: or
- In the case that the product to be delivered otherwise than at the Seller’s premises, at the time for delivery or, if the buyer wrongfully fails to take delivery of the product, the time when the Seller has tendered delivery of the product.
- 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 goods, including situations where the product has intermingled with product already in storage tanks, without notice and the Buyer hereby authorises the Seller to enter its property in order to affect such repossession in such event.
- 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. Where the Buyer does not notify the Seller of a complaint within the seven day period, no liability shall attach to the Seller. In the event that the Buyer is aware of a deficiency in quality of any product supplied by the Seller, 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 in quality of product.
- Except in respect of death or personal injury caused by the Seller’s negligence, the Seller 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 the loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees 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 as expressly provided in these conditions.
- 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, 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 the Seller’s workplace 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.
- All information will be processed pursuant to the Data Protection Acts 1988 and 2003. The data you provide is captured for the specific purpose of processing your credit application and processing credit related functions. We may pass your information to trusted third party processors for the specific purpose of completing credit functions. In the event of non – payment we may pass your personal information onto a debt collection agency. In this situation, the debt collection agency will become the data controller and will have to comply with the Data Protection Acts 1988 and 2013. McLoughlins Oil will not be responsible for any obligations of the debt collector under the Data Protection Acts.
If consumers have an issue regarding a purchase, this issue can be settled out-of-court through an Alternative Dispute Resolution or Online Dispute Resolution (ADR / ODR) procedure. For more information visit http://ec.europa.eu/consumers/odr