“The Seller” means MCC Fuels;
“The Buyers” means any person or persons, firm or firms, company or companies, authority or authorities who shall order or buy the Goods or Services, or in succession a receiver, administrator, administrative receiver or judicial administrator;
“The Goods” means the goods and/or material supplied or sold by the seller to the buyer in accordance with the terms of any individual contract;
“The service” means any services provided by the seller in accordance with the terms of any individual contract;
“Order” means any order placed for the good or the services;
“The Contract” means the particular individual contract for the sale or supply of the good and/or services by the seller to the buyer;
“Point of Delivery” is in relation to any individual contract;
Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
Reference to any clause is to a clause of these Conditions of sale;
“Conditions” means the terms and conditions of sale set out in this document together with any amendments from time to time made and notified in writing and any special additional terms expressly agreed in writing by the seller;
Application of Conditions
These conditions shall govern the contract to the exclusion of any terms or conditions, which the buyer purports to apply under any purchase order, confirmation of order, specification or other document and the Buyer waives any right which it might have to rely on such terms or conditions;
No variation to these conditions or any representation about the goods shall have effect unless expressly agreed in writing and signed by a duly authorised representative of the seller;
The seller is prepared to receive a buyers order by web site or telephone but will accept no responsibility whatsoever for any error or omission arising there from;
No order placed by the buyer shall be deemed to be accepted by the seller until an e-mail acknowledgement of order is issued by the seller or (if earlier) the seller delivers the goods to the buyer;
The buyer shall ensure that the terms of its and any applicable specification are complete and accurate;
Any quotation is given on the basis that no contract will come into existence until the seller has sent an acknowledgement of the order to the buyer by e-mail.
Unless otherwise agreed in writing by the seller the price of the goods shall be the price on any confirmation of order by the seller;
Save as expressly stated otherwise by the seller in writing, prices quoted for goods and services are Inclusive at VAT, which shall be due at the date ruling on the date of the seller’s invoice;
Prices indicated in the seller’s quotations, price lists and other advertising material shall not be binding on the seller;
In addition to the price of goods or services quoted, delivery charges may be imposed by the seller at the seller’s discretion;
The seller reserves the right at any time to vary the price of any of the goods or the services. Prices in the market fluctuate on a daily basis and can be subject to change up to three times per day. The Buyer agrees to pay the Seller the price they see at the point of order regardless of price variations between the time of order and time of delivery.
Should any delivered quantity be less than the specific quantity ordered, due to the Buyer’s tank reaching the maximum safe level, then the Seller will automatically hold over any litres owed up to 99 litres, as per the Pro-rata price per litre. This oil can then be received in addition to any future purchases of oil to the property. If the Buyer wishes a refund for oil owed, the Seller reserves the right to charge the Buyer the appropriate price per litre according to the amount delivered, not the amount ordered. If the Buyer is owed 100 litres or more, the Seller reserves the right to automatically refund money for litres owed based on the appropriate Pro-rata price per litre for the litres delivered not the litres ordered.
Until the buyer has paid in full for the goods including all VAT and delivery charges, the goods remain the sole and absolute property of the seller as legal and equitable owner;
In the event of delivery of the goods prior to the passing of the title in them, the buyer shall be in possession of the goods solely as bailee for the seller until such time as the title in them has passed to the pursuant.
The Buyer shall insure to their full value and goods wherein the risk but not the title has passed to it and shall indemnify the seller for loss, damage to or destruction of any such goods and shall hold any insurance monies payable in respect of the goods in trust for the seller;
Until title to the Goods shall pass to the pursuant
The Buyer shall, at no cost to the seller, store and label the goods in such a manner that they shall at all times remain separate from other goods in the buyers possession and be readily identifiable as the seller’s goods.
The Buyer shall be bound at the request of the Seller to deliver up the Goods to the Seller and for such purpose the Seller may at any time (and whether or not the Buyer shall be in default in making payment under contract) in its absolute discretion recover from the Buyer those goods being in the Buyer’s possession and for the purpose of such recovery, the Seller’s servants and agents may enter upon the land or building upon or in which the Goods are situated;
Notwithstanding any purported appropriation by the Buyer to the contrary, the Seller shall be entitled to appropriate payment or payments for goods made by the Buyer to the Seller to such Goods on account as it shall deem fit.
In the event that the Seller exercises its right of ownership so as to recover possession of the Goods or any of them, the risk in the Goods retaken shall revert to the Seller on possession being retaken by the Seller, its servants or agents and the Seller shall have full and unencumbered right to dispose of the goods free of any rights whatsoever on the part of the buyer to the Goods or the proceeds of the sale thereof.
The Seller shall have a general lien against the Buyer of any goods of the Buyer for the time being in possession of the Seller for amounts overdue on any contract. If any lien is not satisfied within 3 months of aforesaid payment becoming overdue the Seller may sell such goods as agent for the buyer and apply the proceeds towards the monies due and the expenses of the sale and shall upon accounting to the buyer for the balance remaining (if any) be discharged form all liability whatsoever in respect of such goods.
If in breach of the buyer goods purchased from the seller for which payment has not been made, with identical goods of the seller, buyer or third party whether paid for or not, the seller it’s servants and agents shall be at liberty, in the event that the said goods have not been paid for under the payment terms contained herein, to enter upon the land or buildings in which the goods are situated and recover possession of the goods from the identical commingled goods on a pro-rata basis without distinction as to pay or unpaid goods or ownership.
The buyer shall not be at liberty without the permission of the seller in writing to create or allow to be created any charge, lien or debenture over the goods until they have been paid for in full. If the buyer breaches this condition and the buyer is a limited company then such an act will constitute acceptance by the directors of the buyer that they jointly and severally accept personal liability for payment of the goods in full.
It is expressly stated that title to the goods will not pass to a receiver, administrator, administrative receiver or judicial administrator on their appointment without the written permission of the seller.
Payment from the Buyer to the Seller for all goods shall be made exclusively through the use of Credit/ Debit card through the Seller’s online function.
All payment details must be completed in advance of delivery, at the time of the order being placed. Upon placement of an order the Buyer’s payment for the amount ordered will be “authorized” (held).
Upon actual delivery of Home Heating Oil the delivered quantity is confirmed and the final calculated value (which will never exceed the authorised amount) will be debited from the customers’ card – at the pro-rata quantity value for the fuel. This process will happen instantly upon delivery and will update the customer’s account accordingly. Final payment will be confirmed by e-mail to the customer.
The Seller reserves the right to require payment in full for the Goods and/or Services on or before the point of delivery.
The Buyer shall make no deduction from the invoice price of the Goods and/or Services on account of any set-offs or claims.
The Seller will not be held liable for any bank or financial institution charges incurred by the buyer as a result of credit/debit card usage in placing any order for goods or services with the seller. (This includes overdraft, overdrawn or any other authorised or unauthorised charges.)
The Seller shall be entitled to a general lien on all goods of the Buyer in the Seller’s possession (including goods of the Buyers which have been paid for) for the unpaid price of all Goods and/or Services sold to the buyer by the Seller under this or any other contract.
The Seller shall be entitled to impose a charge if the Buyer’s credit/direct debit tendered in payment for Goods and/or Services are dishonoured by the bank in the amount of £25.00 per credit/direct debit for each time it is dishonoured.
Refunds will be given subject to management discretion.
Delivery of the Goods shall take place by the Seller delivering or arranging delivery of the Goods to the Buyer’s premises.
If delivery is to be effected by the Seller delivering the goods to the Buyer’s premises, the delivery shall be made by the Seller’s on-road tanker. The Buyer shall provide and promptly indicate to the Seller’s driver a sound, proper and safe route for the passage and manoeuvring of the Seller’s vehicle between the public roadway and the actual point of unloading. The Buyer hereby indemnifies the Seller and the Seller’s driver against any damages, losses, proceedings, claims, costs or expenses whatsoever (including any damage to the surface or structure of the route from any failure by the Buyer to provide a sound, proper and safe route as aforesaid,) condition.
The Buyer shall, prior to the Seller’s vehicle leaving the Seller’s premises, accurately indicate the place of delivery and shall provide appropriate and adequate storage and handling facilities so as to enable the full quantity of the Goods ordered to be delivered by the Seller’s vehicle at the Buyer’s premises. The Buyer shall indemnify the goods to be delivered safely and promptly into storage upon arrival of the Seller for any costs, losses or expenses suffered or incurred or paid by the Seller as a result of the breach of this
Any date or time specified by the Seller for delivery of the Goods is an estimate only and date or time for delivery shall not be made “of the essence” by notice. However, if the Seller fails to deliver within the specified date or time, a refund of any premium express charges at point of order, will be made to the buyer. Thereafter, delivery will be within a reasonable time and can arrive at anytime from order is placed up to the orders delivery deadline.
Subject to the other provisions of these Conditions, the Seller shall not be liable for any loss (including loss of profit), costs, damages, charges (including plumber or heating engineer costs) or expenses (including cost of emergency oil drums) caused directly or indirectly by any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract.
Deliveries will normally only be made by the Seller to a Buyer within the Seller’s working hours (7 am to 6 pm) and during the Seller’s working days (Monday to Friday but open saturday), although the seller reserves the right to deliver outside of these times at their discretion.INTERNET ORDERS WILL BE DELIVERED BETWEEN ONE TO FIVE WORKING DAYS FROM PLACEMENT OF ORDER. It is the Buyers responsability to make sure there is open access within these times.
Deliveries in Bulk
MCC Fuels (‘the company’) does not accept responsibility for the dipping, checking or testing of the Buyers tanks. This together with the obligation to see that the truck operator couples up with the correct feed on the Buyers tanks rest entirely upon the Buyers. The Buyers shall also be responsible for ensuring that the storage into which the delivery is to be made will accommodate the full quantity ordered.
The Company’s measurements of quantity shall be accepted by the Buyers, and in the case of preheated oils shall be corrected to standard gallons at 60°F or litres at 15°C the Company’s reading of which shall be conclusive and binding upon both parties.
Please note working days are classed as MONDAY to FRIDAY (Saturday’s,Sunday’s and Bank or Public holiday’s are not classed as working days)
The quantity of any consignment of Goods as recorded by the Seller upon dispatch from the Seller’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless they can provide conclusive evidence proving the contrary.
The Seller shall not be liable for any non-delivery of Goods unless written notice is given to the Seller within five working days of delivery.
Any liability of the Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Goods.
If a Return of Goods or Refund is agreed between the Buyer and Seller, then the Buyer’s credit will be amended within three working days.
Suitability of Storage and Offloading facilities
The Seller reserves the right at any time to refuse to make delivery of the goods or any part of them if in its sole opinion the storage and offloading facilities proposed by the Buyer are inadequate, unsuitable or unsafe for health, safety or environmental reasons. All reasonable costs incurred by the Seller in attempting to make delivery shall be for the account of the Buyer. Where any of the Goods are delivered by the Seller or the Seller’s agent such delivery shall in no way constitute a commitment or representation by the Seller as to the suitability or safety of the Buyer’s storage or offloading facilities so that the Seller shall be under no liability in respect of the storage or offloading facilities used by the Buyer. The buyer is expected to satisfy himself as to the suitability of storage and offloading facilities provided and the Seller will accept no claims in respect of damage or loss to the Buyer as a result of inadequate, unsuitable or unsafe storage or offloading facilities. The Buyer is expected to acquaint himself fully and observe all statutory provisions relating to the supply and storage of chemical and flammable materials.
OIL TANKS MUST NOT BE TIPPED IN ANY FORM AND OF NO MORE THAN 2 METRES HIGH (unless there is a secure platform with a hand rail)
Where goods are delivered by the seller or seller’s agent to the buyer on any occasion, this does not represent a future commitment as to the suitability or safety of storage or approach to the buyer’s facilities.
The Seller reserves the right to defer the date of delivery or to cancel the Contract or to reduce the volume of the Goods ordered by the Buyer (without Liability to the Buyer). If the Seller is prevented from or delayed in the carrying on of its business due to circumstance beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, snowfall, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials
All terms, condition, warranties, statements or representations whatsoever, whether express or implied, statutory or otherwise and all obligations and liabilities whatsoever of the Seller relating to the quality, merchantability, fitness for purpose, suitability or other properties of the Goods are hereby expressly excluded.
In the event of any claim (except as provided under the Unfair Terms Act 1977) the Seller’s liability shall be totally and exclusively limited to the replacement of the Goods or, at the option of the Seller, to the refund of any purchase price received in respect thereof, and in no event shall the Seller be liable for any special consequential or incidental loss or damage to the Buyer under any contract of these Condition of Sale connected in any way with the Goods or any use of them by the Buyer or any third party or the Service (including, but not limited to economic loss, loss of profits or revenue or costs arising form the use of the Goods) whether such liability arises in contract or in tort (including by reason of any negligence of the Seller) or otherwise.
Notwithstanding the foregoing, the Seller shall be under no liability whatsoever to the Buyer after the point of delivery.
The exclusion of liability referred to does not apply so as to exclude or restrict the Seller’s liability for: –
Death or personal injury resulting form the negligence of the Seller, its servants or agents; or
Breach of the Seller’s implied undertaking as to title to Goods contained in Sale of Goods Act 1979.
Variation of Price
The Seller reserves the right at any time to vary the price of any of the Goods or the Services.
The Buyer shall inspect the Goods as soon as is practicable after the point of delivery and shall give to the Seller within three (3) days of delivery notice of any claim for any shortages or damage, failing which the Goods shall be conclusively presumed to have been received and accepted by the Buyer.
The Seller shall be entitled without liability to the Buyer whatsoever to withhold or suspend delivery of the goods or performance for the Service or any part thereof if the Buyer’s accounts with the Seller are outstanding to an extent which the Seller considers unreasonable or if the Seller considers that the buyer will fail to make payment or will fail to perform any other obligation undertaken by it in terms of the contract.
No cancellation or variation of an order shall be accepted unless written or e-mail notice of such cancellation or variation is received at the Seller’s premises, before the Goods have been loaded into the buyers tank.
The Seller warrants (subject to the other provisions of these Conditions) that upon delivery the goods will comply with the Seller’s specification for the Goods.The Seller shall not be liable for a breach of the Warranty unless:
The Buyer gives written notice of any defect to the Seller within five working days of delivery; and
The Seller is given a reasonable opportunity of examining the Goods and the Buyer (if asked to do so by the Seller) returned the goods to the Seller’s place of business at the Buyer’s expense for the examination to take place there.
The Seller shall not be liable for a breach of the warranty;
The Buyer makes any further use of the Goods or part of the goods after giving notice of any defect; or
The defect arises because the Buyer failed to follow the Seller’s instruction as to the storage or use of the Goods; or
The Buyer alters the Goods without the written consent of the Seller.
If any of the Goods do not conform with the warranty the Seller shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata contract rate and shall have no further liability for breach of the warranty in respect of such Goods, If the Seller so requests, the Buyer shall, at the Buyer’s expense, return the Goods or the parts of such Goods which are defective to the Seller.
Limitation of Liability
The following provisions set out the entire liability of the seller (including any for the act or omissions of its employees, agents and sub-contractors) to the buyer in respect of:
Any breach of these conditions; and
Any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract.
All warranties, condition and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
Nothing in these conditions excludes or limits the liability of the seller for death or personal injury caused by the seller’s negligence or fraudulent misrepresentation.
The seller’s total liability in contract, tort (including negligence or breach of statutory duty). Misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price of the goods.
The seller shall not be liable to the buyer for loss of profit, goodwill or business opportunity or production downtime or any type of indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the contract.
This contract is subject to the Law of Northern Ireland and all disputes arising out of the contract shall be subject to the exclusive Jurisdiction of the Courts of Northern Ireland
- The Buyer shall not assign the Contract or any part of it without the prior written consent of the Seller.
The Seller shall be entitled to assign the Contract or any part of it to any person, firm or company.
The Buyer shall not use the Seller’s name, logo or other intellectual property rights in advertising or publicity without the Seller’s prior written consent.
If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal invalid, void, void able, unenforceability or unreasonableness be deemed sever able and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
Any notice required or permitted to be given by either party to the other under these Condition shall be in writing addressed to that other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Nothing in these Conditions confers on any third party any benefit or any right to enforce any of these Conditions except that a person who is the permitted successor to or assignee of the rights of a party is deemed to be a party to the Contract.