The following terms shall govern the supply of lubricants and associated products by Pure Lubrication Limited (PL) unless otherwise agreed in writing by a director or authorised person on behalf of PL.
- Where the Seller delivers in bulk it is the buyers responsibility: –
- to provide a safe suitable storage installation which complies in all respects with all relevant requirements of, and regulations at the time of delivery made by H.M. Government and other competent authorities.
- to ensure that the storage tank into which delivery is to be made will accommodate the full quantity ordered without incidental risk to the Buyers or Sellers property, servants or agents.
- to provide prompt and safe passage for Sellers vehicles, without incidental risk to the Buyer’s or Sellers’s property, servants or agents (direct negligence by the Seller’s servants or failure of or defect in their equipment solely excepted) and
- not to call upon the Seller to deliver if Seller is known to consider the conditions at the Buyers premises unsafe for Seller’s vehicles.
- The Buyer hereby agrees with the Seller strictly to observe all the conditions of his Petroleum Storage Licence from time to time and to obtain prior to delivery any other licence, consents or permissions required in relation thereto, and that he 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 connection to such a tank.
- The Seller reserves the right to make a charge if a schedule delivery cannot be effective or if a vehicle is unduly delayed at the delivery point provided such abortive delivery or delay is not the fault of the Seller of the Seller’s employees.
- The Seller reserves the right to make a charge to the Buyer if due to premature ordering and/or over-ordering the total order cannot be delivered at one time.
- The Seller’s measurement of quantity will be deemed accepted by the buyer.
- Duty rebated products supplies shall only be used by the Buyer in strict accordance with the Customs and Excise regulations and conditions relating to the same at the time of delivery.
- Where products are supplied in packages, the packages contain full measures when delivered by the Seller but owing to the volatile nature of petroleum the Seller cannot be held responsible for any shortage after the packages have left the Seller’s premises except where such shortages arise directly out of the Seller’s own negligence.
- The products supplied will be charged at the prices ruling on the date of delivery irrespective of the date of order. Prices include applicable government taxes and duties, other than Value Added Tax which will be shown separately and be payable by the Buyer in addition. The Buyer will account to the Seller for increases attributed to changes in the rates of such taxes or duties or to the introduction of new taxes or duties which attach to the product at the time of delivery.
- The Seller’s terms of settlement are cash on or before delivery as the Seller may require and any relaxation granted by the Seller may be withdrawn at any time without notice. A priced invoice will either be delivered by the driver at the time of delivery of by ail as soon as practicable after delivery. If credit terms are agreed the seller reserves the right to make a credit charge on any monies not received by the Seller by the due date.
Standard Terms of Settlement
Notwithstanding the Seller’s strict terms of settlement as detailed: –
For commercial consumer Buyers and for commercial oil resellers and distributor Buyers the standard Terms are for payment of account monthly by Direct Debit, Cash, Cheque or Bank Transfer (or by whatever means required by the Seller) on the 15th day of the month following the month in which the delivery or service supplied by the Seller took place.
- The Seller will use its best endeavours to deliver in accordance with any time properly quoted by its delivery clerks, but this does not make time the essence of delivery. In particular the Seller shall not be liable of any failure to fulfil any terms of this Agreement if fulfilment is delayed or prevented for any reason outside the control of the Seller which shall be deemed to include but not limited to: strikes, lockouts, Acts of God, war, hostilities, national emergency, breakdown of machinery, plant and transport.
- Risk or loss or damage to the products sold to the buyer shall pass to the Buyer at the time of delivery but title in such products will not pass to the buyers, and title therein shall remain vested in the Seller, until payment in full of the invoice price thereof and all other sums due and owing from the Buyer to the Seller on any account whatsoever. Until such time, the Seller shall be entitled to redelivery of the products and, for the purpose of inspecting or recovering the same, to enter upon any premises where any such products are stored or thought to be stored. If the Buyer shall at any time mix such products with similar products the property in the whole of such mixture, excepting such part of the mixture which may be been sold or used by the Buyer, shall be deemed to be and remain with the Seller until payment as aforesaid, and if the products are redelivered to the Seller in satisfaction of such payment due and owing then any surplus after satisfaction shall be redelivered to the Buyer.
- The Buyer shall maintain storage tanks and associated equipment of every kind in such manner that such tanks and equipment do note become the cause of environmental pollution, contamination or hazard by any reason whatsoever. In the event that such environmental pollution, contamination or hazard is caused by leakage or spillage from the Buyers tanks of equipment the Buyer shall be responsible for clean up to the standard required by the relevant statutory authority. The Buyer hereby indemnifies the Seller against any costs, fines, or expenses of any kind incurred by or upon the Seller as a result of the foregoing. The Seller will ensure that the delivery truck and associated equipment is properly maintained so as not to cause environmental pollution through spillage.