GENERAL CONDITIONS OF SALE
1.Products are supplied at price ruling at date of despatch irrespective of the date of the order.
2.Where the buyer is a commercial consumer such product is sold exclusively for its own use ortrade purposes only and must not be resold, transferred or disposed of to any other person, firmor company and must only be used in the Buyer’s own commercially licensed vehicles hired orworked by by the Buyer in the course of the Buyer’s business.
3.The seller does not accept responsibility for the dipping, checking or testing of the Buyer’s tanks.This, together with the obligation to see that the driver couples up with the correct feed on Buyer’sTanks, rests entirely with the Buyer.
4.The Buyer undertakes to provide prompt and safe passage for seller’s vehicles between thepublic roadway and the actual point of unloading and a suitable tank storage installation andhereby indemnifies the seller against any damages, claims, costs or expenses whatsoever arisingfrom or in connection with the presence on the Buyer’s property or any vehicle of the seller or itsequipment, or any products in the course of delivery to the Buyer, except where the saiddamages, claims, costs or expenses shall have been proved to be due to the willful default ornegligence of the seller.
5.The seller’s measurements of quality shall be accepted in all cases by the Buyer.
6.The Buyer undertakes that the products supplied under this Agreement will not be used as fuelin mechanically propelled vehicles constructed or adapted for use on roads in contravention ofthe Finance Act 1935, or any other Act of Parliament or Regulation of Government of the timebeing in force.
7.PROPERTY AND RISK
(a)The risk in the goods and/or services shall pass to the Buyer on delivery.
(b)Until full payment has been received by the seller for all the goods whatsoever supplied(and/or services rendered) at any time by the seller to the Buyer:
(i)property in the goods shall remain with the seller.
(ii)the seller may at any time revoke the Buyer’s power of sale by notice to the Buyer if theBuyer is in default for longer than 7 days in the payment of any sum whatsoever due to theseller (whether in respect of the goods or any other goods supplied or services rendered atany time by the seller to the Buyer for any other reason whatsoever) or if the seller has bonafide doubts as to the solvency of the Buyer.
(iii)the Buyer’s power of sale shall automatically cease if a receiver is appointed over any of theassets of the undertaking of the Buyer or a winding up order is made against the Buyer orthe Buyer goes into voluntary liquidation (otherwise than for the purpose of reconstructionor amalgamation) or calls a meeting of or makes any arrangement or composition withcreditors or commits any act of bankruptcy.
(iv)upon determination of the Buyer’s power of sale under (ii) or (iii) above, the Buyer shall placeat the disposal of the seller who shall be entitled to enter upon the premises of the Buyer forthe purpose of removing such goods from the premises (including severance from the realtywhere necessary).
8.The price printed overleaf is based on the quantity ordered. If the quantity delivered is less wereserve the right to amend the price.
(i)The deposit charged on the returnable packages shall be paid at the same time as paymentfor the Seller’s products contained therein. Packages on which no deposit is charged are freeand non-returnable.
(ii)If returnable packages are returned to the Seller carriage forward and reach the Seller in acondition fit for the Seller’s immediate use the amount of the deposit paid shall be creditedto the Buyer in full. The Seller’s certificate as to the condition of any package upon its receiptby the Seller shall be final and conclusive.
10.Payment shall be made by the Buyer in cash at the time of delivery unless otherwise arrangedInterest shall accrue to overdue payments at the rate of 4%p.a. above the base rate from time totime of Barclays Bank plc.
11.Acceptance by the Buyer of products supplied under the Agreement will be treated as anacceptance by the Buyer of these conditions.