These conditions apply except in so far as where they are inconsistent with any express agreement entered into between the Seller and the Buyer before the delivery. Acceptance of goods will be treated as acceptance of the sellers conditions.
1. Irrespective of the date of order all products supplied are chargeable at the prices ruling on the day of delivery.
2. Where the Seller delivers in bulk it is the Buyers responsibility
a) to provide a safe and suitable bulk storage which complies in all respects with all relevant requirements of and/or regulations made by HM Government or other competent authority.
b) to ensure that the storage into which delivery is to be made will accommodate the full quantity ordered and in the case of Motor Spirit to procure certification to this effect and also to the effect that the connecting hose is properly and securely in force relating to the storage and use of Motor Spirit.
c) in the case of highly flammable products and where otherwise applicable, strictly to observe any regulations laid down by H M Government or other competent authority in respect to the avoidance of smoking, naked lights, fires, stoves and heating appliances of any description in the vicinity of the storage and the fill, dip and vent pipes connected thereto.
3. It is a condition of every bulk sale that the quantity shown by any measuring devices employed by the Seller shall for the purposes of accounts be accepted by the Buyer as the quantity delivered but the Buyer may be represented at the taking of these measurements in order to verify them if he so desires. The Seller cannot accept the responsibility whatsoever for discrepancies in the Buyers tanks, dip rods or other measuring devices. If on any delivery the Buyer or any representative of the Buyer whether or not for the purpose of verifying the Sellers measurement or quantity for that delivery, mounts any vehicle used on that delivery and Buyer or his representative (as the case may be) shall do so at his own risk and the Seller accepts no responsibility whatsoever therefore.
4. The risk in any product delivered under these conditions shall pass to the Buyer, in the case of any delivery in bulk by road vehicle, when on discharge it passes the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) provided by the Buyer for receiving that delivery. In the case of barrel or other package deliveries the risk in any product contained in such package shall pass to the Buyer at the time of off-loading when the package is removed from the vehicles provided by the Seller for the delivery of such package.
5. a) The Property in any product delivered to the Buyer shall pass on payment of all debts owed by the Buyer to the Seller on goods account or any other account.
b) in the period from the delivery of the products down to such payment, the products shall be held by the Buyer as a bailee (or in Scotland as a custodier) for the Seller, but without prejudice to the foregoing the Buyer may use the products or (if approved pursuant to clause 6 below) sell them in the normal course of business.
c) notwithstanding for the foregoing provisions of this clause, the Seller may enter the premises at all reasonable hours and uplift and remove the product held for it pursuant to such provisions and remaining in stock at the premises if the Buyer is in breach of the terms of payment under this agreement.
d) The price of the products shall be due and payable notwithstanding that the property in the goods has not passed to the Buyer and the Seller may maintain an action therefore.
6. The products supplied under this agreement are intended for the Buyers own use. Unless otherwise agreed in writing between the parties in the case or resale or exchange of products, additional terms will be required between the parties addressing, inter alia, health and safety, the maintenance of quality, the use of trademarks and the segregation or resale proceeds.
7. In the case of Kerosene, Gas Oil and Fuel Oils, the Buyer undertakes that these oils will not be used as fuel in mechanically propelled vehicles constructed and adapted for the use on roads in contravention of Hydrocarbon Oil Duties Act 1979 and/or amending legislation. In the case of Lubrication Oils, THESE OILS HAVE NO BORN EXCISE DUTY and the Buyer undertakes that these oils will not be used as heating fuel, motor fuel or as additive or extended to motor fuel.
8. With the exception of Lubrication Oils, prices include Excise Duty at the rate in force at the time of supply. Any variation in the existing duty or any additional taxation is for the Buyers account. Excise Duty on Marine Lubricating Oils will be charged separately on invoiced if duty drawback is not obtained.
9. All prices are exclusive of Value Added Tax which will be charged, if applicable, at the rate in force at the time of supply.
10. Terms of payment in respect of each delivery of products made under these conditions shall be cash on delivery or such other terms as may have previously been agreed between the Seller and the Buyer. By Direct Debit, standard payment terms are 10th of month, following delivery. Unless otherwise agreed in writing any amount due from the Buyer to the Seller which is not paid within the agreed period shall be liable to bear simple interest from the date on which it became due up to and including the date of payment the rate calculated as an annual rate of 4% above the Lloyd’s TSB Bank PLC base rate current on the due date. This provision shall not be constructed by the Buyer as an indication of any willingness on the part of the Seller to provide extended credit as a matter of course, or as a waiver of any other rights which the Seller may have.
11. The Buyer will indemnify the Seller against any damages, claims, expenses or costs which may arise as a result of the Buyer’s non-observance of those conditions.
12. These conditions and any related agreement shall be governed by Scots law.