Terms & Conditions
CONDITIONS OF SALE
Where the seller delivers in bulk it is the Buyer's responsibility.
- To provide a safe and suitable bulk storage installation which complies in all respects with all relevant requirements of, and regulations made by H.M. Government or other competent authority.
- To ensure that the storage tank into which delivery is to be made will accommodate the full quantity ordered without incidental risk to the Buyer's or Seller's property, servants or agents.
- To provide prompt and safe passage for Seller's vehicles, without incidental risk to the Buyer's or Seller's property, servants or agents (direct negligence by the Seller's servant's or failure of or defect in their equipment solely excepted).
- Not to call upon the Seller to deliver if Seller is known to consider the conditions at the Buyer's premises unsafe for Seller's vehicles.
- The buyer hereby agrees with the Seller strictly to observe all the conditions of his petroleum storage licence and that he will not allow any smoking or naked lights nor permit any stones, 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.
- The Seller reserves the right to make a charge if a scheduled delivery cannot be made or if a vehicle is unduly delayed at the delivery point provided such abortive delivery or delay is not the fault of the Seller or the Seller's employees this will be charged at Tweed Fuels discretion. If the buyer for any reason fails to accept the delivery of any product when they are ready to be delivered or tweed fuels is unable to deliver the goods as a result of any failure on the buyer’s part to observe and perform any of their obligations under these conditions, Tweed Fuels will have no liability to the buyer for late delivery and an abortive delivery charge will be made to the buyer.
- 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.
- Pricing for all Tweed Fuels products can change daily and sometimes more often than this. It is the buyer’s responsibility to check that prices are satisfactory to the buyer before ordering. If in the extreme situation Tweed Fuels fails to update prices, we will contact the buyer by Email / Telephone to allow the buyer to agree or reject the new price before delivery would proceed.
- The Seller's measurements of quantity will be accepted by the Buyer.
- Duty rebated products supplied must 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 the Buyer is a commercial Customer the products are sold exclusively for his own use or trade purposes only and must not be resold transferred or disposed of to any other person, firm, company or corporation within the United Kingdom and must be used only by the Buyer in the course of Buyer's business.
- 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.
- 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. The Buyer will account to the Seller for increases attributable 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 or by mail as soon as practicable after delivery. Payment made by credit card will be subject to a charge covering the cost of processing payment as charged to the Seller by the credit card companies.
- The Buyer will reimburse the Seller against any damages, claims, expenses or costs which may arise as a result of the non-observance of these conditions by the Buyer.
- When the Buyer has signed a supply contract with the Seller, the terms of such contract shall prevail if inconsistent with these conditions.
- Events outside our control – (Force Majeure Event) The Seller will use its best endeavours to deliver in accordance with any time properly quoted by its delivery clerk but this does not make time the essence of delivery. In particular the Seller shall not be liable for 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 be limited to: strikes, lockouts, Acts of God, war, hostilities, national emergency, and breakdown of machinery, plant and transport.
- Risk of 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 Buyer, and title therein shall remain vested in the Seller, until payment in full of the invoice price thereof and 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 have 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 not become the cause of environmental pollution therefore ensuring that no equipment leaks or spills in any way. In the event that such environmental pollution is caused by leakage or spillage from the Buyers tanks or 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 failure of the buyer’s tanks or equipment. The Seller will ensure that the delivery truck and all other equipment is properly maintained so as not to cause environmental pollution through spillage. Where spillage occurs during delivery, the responsibility for clean-up will be dealt with as set out in the Sellers environment policy.
Through House Delivery - DISCLAIMER
We must make you aware that it is YOUR responsibility to protect your own property, i.e. cover all flooring and/or any property that requires protection from a delivery hose that may be generally dirty. Although we will treat your property with the same respect that we would with all deliveries, Tweed Fuels will NOT be held responsible for any unforeseen damage or cost resulting of any unforeseen damage, that a through the house delivery may cause. It is therefore necessary to sign this disclaimer as protection to Tweed Fuels and any driver belonging to Tweed Fuels.