Terms & Conditions
Commercial Customers
1. Interpretation
1.1 “The Agent” means Fuelagents.com Limited which acts as an agent for the Seller to facilitate the placing of an order by the Buyer with the Seller.
1.2 “Agent’s Commission” is the amount (£) to be received by the Agent for facilitating each Order for fuel placed by the Buyer and confirmed on behalf of the Seller.
1.3 "The Buyer" means any person or persons, firm or firms, company or companies, authority or authorities who shall order or buy Fuel, or in succession a receiver, administrator, administrative receiver or judicial administrator;
1.4 "Conditions" means the terms and conditions of sale set out herein 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 and the Agent;
1.5 "The Contract" means the particular individual contract for the sale of Fuel by the Seller to the Buyer;
1.6 “The Confirmation” means the email acceptance by or on behalf of the Seller of the Order placed by the Buyer at which time the Contract will be formed.
1.7 “The Delivery Address ” means the address specified by the Buyer in the Order for delivery of the Fuel.
1.8 "The Fuel" means kerosene, gas oil, ULSD and ULP or such other fuels as the Agent from time to time decides.
1.9 "Order" means any order placed via the Website for Fuel;
1.10 "Point of Delivery" means the time, place and particular tank or tanks specified in clause 6 in relation to any Contract;
1.11 "The Seller" means the listed distributor/or its successors, assignees, sub-contractors and authorised agents acting within the terms of their agency agreement
1.12 "The Services" means any Services provided by the Seller in accordance with the terms of any Contract;
1.13 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;
1.14 Reference to any clause is to a clause of these Conditions;
1.15 “The Website” means http://www.fuelagents.com.
1.16 “Buyer’s Authorised Signatories” means the persons specified by the Buyer who are authorised to confirm by signature that the Fuel has been fully received, checked and verified as complete in terms of quantity, quality and correct Point of Delivery.
1.17 "Litres" means Ambient Litres. For the avoidance of doubt, all quantities of Fuels offered for sale, delivered or collected will be measured in Ambient litres and NOT standard litres.
2 Application of Conditions
2.1 These Conditions shall govern the Contract between the Buyer and the Seller 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;
2.2 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 and by the Agent;
2.3 No order placed by the Buyer shall be deemed to be accepted by the Seller until the Confirmation is issued by the Agent to the Buyer.
2.4 The Buyer shall ensure that the terms of its and any applicable specification are complete and accurate;
2.5 Any quotation is given on the basis that no contract will come into existence until the Agent, sends the Confirmation to the Buyer.
2.6 By making any purchase from a Supplier featured on the Website you are accepting these Conditions. Neither the Agent nor its officers management, employees or agents accept any responsibility for any liability resulting from any omissions or inaccuracies of any information including price quotations or typographical errors provided by any Seller and displayed on the Website for any Fuel or for any complaints relating to the Fuel or the information displayed.
2.7 The services, information or data made available at the Website are provided “as is” without warranties of any kind.
2.8 An Order can only be placed on the Website through Secure Socket Layer (SSL) technology, for example, IE 7 or Mozilla's Firefox 3. This means that Orders cannot inadvertently be placed through an unsecured connection. The Buyer should ensure their browser shows the correct security indicators (e.g. padlock icon and https in the address bar) before entering any card details.
3 Prices
3.1 The price of the Goods shall be the price on any Confirmation sent by the Agent.
3.2 Save as expressly stated otherwise by the Seller or the Agent in writing, prices quoted for the Fuel are exclusive of VAT, which shall be due at the rate ruling on the date of the Seller's invoice;
3.3 The Buyer agrees to pay the price stated in the Confirmation regardless of price variations between the time of Order, Confirmation or delivery.
3.4 Should any delivered quantity be less than the specific quantity ordered, due to the Buyer’s tank reaching the maximum safe level or any other reason, then the Seller will make an amendment to the Order and the total price paid by the Buyer shall be calculated on a pro rata price per litre basis with no charge for the adjustment. This means the Buyer will only ever be charged for the Goods delivered at the agreed price per litre rate.
4 Title
4.1 Title to the Fuel shall pass at delivery to the Buyer.
5 Payment
5.1 Payment from the Buyer to the Seller for all Fuel shall be made exclusively by Credit/ Debit card through the Website.
5.2 All payment details must be completed at the time of the Order being placed. Upon placement of an Order the Buyer’s payment for the amount ordered will be “authorised”, payment taken and the Confirmation sent.
5.3 Upon actual delivery of the Fuel the delivered quantity will be confirmed by e-mail by the Agent to the Buyer.
5.4 If an under-delivery has been made as per clause 3.4, a refund equivalent to the value of the undelivered portion will be credited to the payment card that was used to place the Order. This refund will be processed within 5 banking days after delivery is confirmed. Final payment will be confirmed by e-mail by the Agent to the Buyer.
5.5 The Buyer shall make no deduction from the invoice price of the Fuel on account of any set-offs or claims.
5.6. Neither the Agent or the Seller will be held liable for any bank, financial institution or other charges incurred by the Buyer as a result of credit/debit card usage in placing or in attempting to place any Order for Fuel through the Website. (This includes but is not limited to overdraft, overdrawn or any other authorised or unauthorised charges.)
6 Delivery
6.1 Delivery of the Fuel shall take place by the Seller delivering or arranging delivery of the Fuel to the Point of Delivery at Delivery Address.
6.2 If delivery is to be effected by the Seller delivering the Fuel to the Delivery Address, 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 maneuvering of the Seller's vehicle between the public roadway and the actual point of unloading. The Buyer hereby indemnifies the Seller, the Agent 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.
6.3 The Buyer shall, prior to the Seller's vehicle leaving the Seller's premises, accurately indicate the Point of Delivery and shall provide appropriate and adequate storage and handling facilities so as to enable the full quantity of the Fuel ordered to be delivered by the Seller's vehicle at the Delivery Address. The Buyer shall indemnify the Seller for any costs, losses or expenses suffered or incurred or paid by the Seller as a result of the breach of this.
6.4 Any date or time specified by the Seller for delivery of the Fuel is an estimate only and the date or time for delivery shall not be made "of the essence" by notice. However, if the Buyer has requested and paid for an express delivery and the Seller fails to deliver by 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 which is deemed to be within 24 hours of the latest stated delivery time on the Confirmation.
6.5 Subject to the other provisions of these Conditions, neither the Seller or Agent shall be liable for any loss (including loss of profit), costs, damages, charges (including those of a plumber or heating engineer) or expenses caused directly or indirectly by any delay in the delivery of the Fuel nor will any delay entitle the Buyer to terminate or rescind the Contract.
6.6 Where a spillage of fuel occurs during the course of a delivery at the Delivery Address and is due to the negligence of the Seller or the Seller’s employee, the Seller only (and not the Agent) will be responsible for any damage caused as a result. This duty is subject to the Buyer’s duty to provide a safe manner for access and unloading the Fuel as set out above.
6.7 Deliveries will normally only be made by the Seller to the Buyer within the Seller’s working hours (9 am to 5 pm) and during the Seller’s working days (Monday to Saturday), although the Seller reserves the right to deliver at reasonable times outside of these times at their discretion.
6.8 Neither the Seller nor the Agent accepts responsibility for the dipping, checking or testing of the Buyer’s tanks. The Buyer will also be responsible to ensure that the truck operator couples up with the correct feed on the Buyer’s tanks. Further, the Buyer shall also be responsible for ensuring that the storage into which the delivery is to be made will accommodate the full quantity ordered.
6.9 The Seller’s trading standards approved measurements of quantity shall be accepted by the Buyer, and in the case of preheated oils shall be corrected to standard gallons at 60°F or litres at 15°C, the Seller’s reading of which shall be conclusive and binding upon both parties.
6.10 Any deliveries that cannot be made due to inaccessible premises through absence of the Buyer at the Delivery Address shall incur a “No Access” charge of £50, made directly to the Agent via the Buyer’s Debit/credit card provided when the Order was placed and the Buyer hereby authorises the Agent to charge this additional sum to the debit/credit card provided. Application of this charge is subject to both the Seller’s discretion and Agent’s approval.
6.11 When placing an Order on the Website, the Buyer must specify an Authorized Signatory and Reserve Signatory one of which must sign the “Confirmation of Correct Delivery” form which the Seller’s driver will present when delivering the Fuel. The Buyer accepts that upon signing this form it is acknowledging that the Fuel is of suitable quality, and that the correct amount has been delivered to the correct tank.
7 Non Delivery/ Cancellation
7.1 The quantity of any delivery of Fuel as recorded by the Seller upon dispatch from the Seller's place of business and as acknowledged by the Buyer on the Confirmation of Correct Delivery Form shall (save in the case of manifest error) be conclusive evidence of the quantity received by the Buyer on delivery.
7.2 The Seller shall not be liable (and in no circumstances shall the Agent be liable) for any non-delivery of Fuel unless written notice is given to the Seller or the Agent within 3 working days of delivery.
7.3 Any liability of the Seller for non-delivery of the Fuel shall be limited to replacing the Fuel within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Fuel.
7.4 If a return of Fuel or refund is agreed between the Buyer and Seller, then the Seller and not the Agent shall be liable to refund the amount paid within 5 banking days.
7.5 If the Buyer cancels an Order after the Confirmation has been sent but before delivery a cancellation charge of £75.00 and the Agent’s Commission (which the Buyer acknowledges is reasonable) will be applied to the debit/credit card provided when the Order was placed and the Buyer hereby authorises the Agent to charge this additional sum to the debit/credit card provided. The balance will then be refunded by the Seller and not the Agent who shall have no liability whatsoever in this regard.
7.6 In the event that the Seller has attempted to make delivery of the Fuel within the specified delivery time and the Seller has not been able to make delivery due to reasons which are the responsibility of the Buyer (for example but not limited to leaving access for the delivery to take place), the Seller has then honoured their commitment to try and deliver the Fuel. If for any reason the Buyer subsequently cancels their Order of the Fuel after delivery has been attempted but has not been completed, a £50 no access fee and a £75 cancellation fee plus the Agent’s Commission will be charged to the Buyer in respect of the Sellers costs and deducted as set out above. After these costs have been deducted, the remaining balance will be credited to the payment card of the Buyer as set out above.
7.7 If the Seller cancels an Order after the Confirmation has been sent but before delivery, for whatever reason, a cancellation charge of £75 (which the Seller acknowledges is reasonable) will be invoiced by the Agent to the Seller and paid to the Buyer within 30 days of the cancellation date. The Buyer shall also be due a full refund of the price paid for the Fuel. This represents the full extent of the Seller or the Agent’s liability to the Buyer which the Buyer accepts. The Seller will remain liable to the Agent for the Agent’s Commission.
7.8 The Buyer acknowledges that the Agent has no liability or responsibility whatsoever for the quality or quantity of the Fuel delivered. In the event that the Buyer makes a “chargeback” claim the Buyer acknowledges that the claim is against the Seller and not the Agent and the Seller will indemnify the Agent against any such claims.
8 Suitability of Storage and Offloading facilities
8.1 The Seller reserves the right at any time to refuse to make delivery of the Fuel or any part of them if in its sole discretion the storage and offloading facilities proposed by the Buyer are inadequate, unsuitable or unsafe for health, safety, environmental or other reasons. All reasonable costs incurred by the Seller in attempting to make delivery shall be for the account of the Buyer. Where Fuel is 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 shall indemnify the Seller against any claims by a third party 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.
8.2 Where Fuel is delivered by or on behalf of the Seller 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 Delivery Address.
9 Force Majeure
9.1 The Seller and the Agent both reserve the right to defer the date of delivery or to cancel the Order (even after Confirmation is sent) or to reduce the volume of the Fuel ordered by the Buyer (without liability to the Buyer)if the Seller or the Agent is prevented from or delayed in the carrying on 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.
10 Liability
10.1 All terms, conditions, warranties, statements or representations whatsoever, whether express or implied, statutory or otherwise and all obligations and liabilities whatsoever of the Seller and the Agent (save as provided in clause 10.2 and 10.4) relating to the quality, merchantability, fitness for purpose, suitability or other properties of the Fuel are hereby expressly excluded.
10.2 In the event of any claim whatsoever made by the Buyer (save as set out in 10.4) , the Agent will have no liability and the Seller's liability shall be totally and exclusively limited to the replacement of the Fuel 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, or the Agent, be liable for any special, consequential or incidental loss or damage to the Buyer the Contract or these Conditions connected in any way with the Fuel or any use of them by the Buyer or any third party (including, but not limited to economic loss, loss of profits or revenue or costs arising from the use of the Fuel) whether such liability arises in contract or in tort (including by reason of any negligence of the Seller or the Agent) or otherwise.
10.3 Without prejudice to the other sub-clauses of this clause, in the event of any breach of this Contract or these Conditions by the Seller the remedies of the Buyer shall be limited to direct damages. Under no circumstances shall the liability of the Seller exceed the amount paid for of the Fuel. Notwithstanding the foregoing, the Seller or the Agent shall be under no liability whatsoever to the Buyer after the Point of Delivery.
10.4 The exclusion of liability referred to in this Clause 10 does not apply so as to exclude or restrict the liability of the Seller or the Agent for death or personal injury resulting from the negligence of the Selleror the Agent, their servants or agents or breach of the Seller’s implied undertaking as to title to the Fuel contained in section 12 of the Sale of Goods Act 1979.
11 Fire Precautions
11.1 The Buyer shall strictly observe all of the conditions of the Seller’s Petroleum EC ADR regulations and will not, in any circumstances 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 Goods is being made or vent pipe connected to such tank and the Buyer indemnifies the Seller and the Agent against all damages, losses, claims, proceedings, costs or expenses whatsoever suffered or incurred or paid by the Seller as a result of, or arising from any breach of this condition howsoever caused.
12 Warranty
12.1 The Seller warrants (subject to the other provisions of these Conditions) that upon delivery the Fuel will comply with the Seller's specification for the Fuel.
12.2 If the Fuel does not conform with the warranty in condition 12.1 the Seller shall at its option replace the Fuel or refund the price of such Fuel at the pro rata contract rate and shall have no further liability for breach of the warranty in condition 12.1 in respect of the Fuel. If the Seller so requests, the Buyer shall, at the Buyer's expense, return the Fuel which is defective to the Seller.
12.3 The Buyer warrants, agrees and undertakes with both the Agent and the Seller that :-
(a)the Buyer is free to purchase fuel from the Seller and it is not under and disability, restriction or prohibition which might prevent it from performingor observing any of its obligations hereunder.
(b)that it has not entered into and will not enter into any arrangement which may conflict with the terms herein.
(c)all third party liabilities will be the sole responsibility of the Buyer and neither the Seller nor the Agent shall incur any liability for these.
13 Indemnity
13.1 The Buyer undertakes with both the Agent and the Seller that it will keep both fully indemnified against all actions, claims, proceedings, costs and damages (including any damagmes or compensation paid by either the Seller or the Agent on the advice of their legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of these terms and conditions or any warranty herein or out of any claim by any third party based on any facts whichif substantiated would constitute such a breach.
14 Law
14.1 This contract is subject to the laws of Northern Ireland and all disputes arising out of these Conditions shall be subject to the exclusive Jurisdiction of the Courts of Northern Ireland.
15 General
15.1 The Buyer shall not assign the benefit of the Contract or any part of it without the prior written consent of the Seller.
15.2 The Seller will be entitled to assign the Contract or any part of it to any person, firm or company, where the Seller reasonably believes that the Buyer’s rights will not be affected.
15.3 The Buyer shall not use the name, logo or other intellectual property rights of the Seller or the Agent in advertising or publicity without that party’s prior written consent.
15.4 If any provision of the Contract or these Conditions 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 or these Conditions and the remainder of such provision shall continue in full force and effect.
15.5 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract or these Conditions will not be construed as a waiver of any of its rights under the Contract or these Conditions.
15.6 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract or these Conditions 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 or these Conditions.
15.7 Any notice required or permitted to be given by either party to the other under these Conditions 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.
15.8 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.
16 Intellectual Property Rights
16.1 Access to and use of the Website is subject to the following terms and conditions and all applicable laws which, by accessing and browsing the Website, the user accepts, without limitation or qualification; FuelAgents.com is a trademark of FuelAgents.com Limited.
16.2 All of the content featured or displayed on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software is owned by the Agent.
16.3 No part of the Website including the company name & logo can be reproduced without the express written permission of the owner of the relevant intellectual property rights. By entering the Website, the user accepts a charge of at least £5,000 if the Website is used for copying, advertising, screen scraping, canvassing or in any way infringes the intellectual property rights of the Seller, the Agent or any third party.
17 Data Protection
17.1 We comply with the standards, procedures and requirements laid down by the UK Data Protection Act 1998, to ensure that the personal information you give us is kept secure and processed fairly and lawfully. No personal information is publicly accessible.
17.2 All use of your personal information will be as set out in our Privacy Policy.
© 2010 - 2012 FuelAgents.com Ltd