3 Counties Fuel: TERMS AND CONDITIONS OF SALE
1. BASIS OF SALE
1.1 We, Three Counties Fuel Limited shall sell and you, the Customer named overleaf, shall buy the Goods and Services subject to these Conditions which govern the contract between us to the exclusion of any other terms which you may ask us to sign or which you may supply. No terms or conditions endorsed upon, delivered with or contained in your order document will form part of the contract simply as a result of such document being delivered to us or referred to in the contract.
1.2 These Conditions constitute the entire agreement between us for the supply of the Goods and Services.
1.3 Any variation to these Conditions is of no effect unless agreed in writing by our authorised representative.
1.4 “Goods” means the goods which we are supplying and “Services” means the services which we are to perform in each case in accordance with these Conditions.
1.5 You are responsible for ensuring that your order is accurate and for giving us all the information we need to complete the order.
1.6 Your order is not accepted until we confirm in writing or (if earlier) we supply the Goods to you.
1.7 We reserve the right to make any changes in the specification of the Goods or Services which are required for the Goods or Services to conform with any applicable safety or other statutory or EU requirements or where the Goods or Services are to be supplied to your specification, which do not materially affect their quality or performance.
All our descriptions and illustrations are intended to present a general idea of the Goods and/or Services described and do not form part of the contract between us. No representation is made as to the quality or fitness for purpose of the Goods and/or Services.
3. CANCELLATION AND DELAY
3.1 Once accepted, an order may not be cancelled without our written agreement and on terms that you indemnify us against all loss (including loss of profit), costs, (including the cost of all labour and material used), damages, charges or expenses incurred by us because of cancellation.
3.2 We will not be liable to you or be in breach of contract by reason of delay or failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control including but not limited to Act of God, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts of terrorism, regulations, restrictions, bye-laws, prohibitions or measures of any kind import or export regulations or embargoes, strikes, lock-outs or other industrial action, or trade disputes, or difficulties in obtaining raw materials, labour or fuel.
4.1 Prices quoted by us are exclusive of any applicable VAT.
4.2 Quotations are not offers and subject to withdrawal at any time by us. We reserve the right at any time before delivery or performance to amend the price of the Goods or Services to take into account any variation to our costs.
5.1 If you are not an account holder and another method of payment such as a bankers draft, debit/credit card or cash on delivery is not specified on the invoice, you must pay for any Goods and/or Services within fourteen days from date of delivery, or as otherwise agreed prior to delivery and specified on invoice.
5.2 If you fail to pay on the due date, the total price of the Goods and/or Services becomes due and payable without demand and we may cancel the contract between us, suspend further deliveries and/or claim statutory interest and debt recovery costs. We may also appropriate any payment made by you under other contract between you and us as we think fit.
5.3 Interest at an annual rate of 8% above Bank of England base rate from time to time will accrue daily both (before and after legal action/court judgment) and be calculated on a daily basis on overdue accounts from the due date of payment until payment. If a payment is returned due to lack of funds, we will re-invoice you our standard administration charge as notified to you from time to time.
6. DELIVERY AND PERFORMANCE
6.1 Delivery of the Goods shall be made by us delivering the Goods
6.2 Any dates for delivery and/or performance are approximate only.
6.3 Where Goods are supplied by instalments, each instalment is a separate contract.
6.4 Where Products are delivered in bulk through a hose, you accept that the quantity shown by the meter shall be conclusive evidence of the quantity delivered. We cannot accept any responsibility for discrepancies between our meter and any other measuring device used by you. Where we are delivering fuel oil we will attempt to deliver the quantity ordered, however, we shall not be in breach of our contract with you if we deliver up to 10% more or less than the amount you ordered
6.5 Wherever delivery takes place it will be your responsibility:-
6.5.1 to provide safe and suitable receptacles for the Goods which comply in all respects with all relevant requirements and regulations made by H M Government or any other competent authority;
6.5.2 to ensure that the storage into which delivery is to be made will accommodate the full quantity ordered, and if appropriate, to procure certification to that effect;
6.5.3 to ensure that your representative will attend at the place at which delivery has been requested at the time of delivery. If you fail to ensure your representative is present at delivery, we reserve the right to make an absentee delivery.
6.6 If you fail to take delivery of the Goods or we are unable to deliver the Goods on time because you have not provided adequate instructions, documents, licences or authorisations, access or payment, then we will invoice you our standard failed delivery charge as notified to you from time to time.