Opie Oils - Conditions Of Sale
These conditions apply except in so far as where they are inconsistent with any express agreement entered into between Opie Oils and the Buyer before the delivery. Acceptance of goods will be treated as acceptance of Opie Oils conditions.
All products supplied are chargeable at the price stated in your order confirmation email.
All deliveries must be paid for in full prior to receiving the goods.
- The Buyer shall provide:
- Safe and convenient access to and egress from the delivery point for the vehicles of Opie Oils or its agents and all persons driving or accompanying such vehicles from and to the public highway and the Buyer shall not allow any smoking or naked lights nor permit any stove, fire or radiator to function in the vicinity of the delivery point.
- Safe suitable and clearly marked storage for the Petroleum Products which shall comply in all respects with the full relevant requirements of or regulations made by H.M. Government or any governmental body or agency or other competent authority whether local or otherwise.
- Opie Oils shall not be bound to deliver Petroleum Products over roads or other surfaces affording access to the Buyer's premises which in Opie Oils reasonable opinion are unsafe for delivery vehicles and personnel.
- The Buyer shall indemnify Opie Oils in respect of the cost to Opie Oils of making an attempted delivery of Petroleum Products which due to the default of the Buyer for whatsoever reason is not or is only partly carried out.
- Whilst every effort will be made to meet the Buyer's requirements, under normal distribution circumstances delivery may be effected within five working days of receipt of order, no delivery is guaranteed and in this respect time shall not be deemed to be of essence of this sale.
The Buyer shall ensure that the storage into which delivery of the Petroleum Products is made:
- Is properly indicated to Opie Oils employee or agent and Opie Oils shall not be liable in any way whatsoever for damage arising out of the carrying out by Opie Oils employee or agent of any instructions given by the Buyer or other persons purporting to give instructions on the Buyers behalf in respect of such delivery.
- Will at the commencement of delivery by Opie Oils be properly cleared of all other brands and grades of Petroleum Products.
- Will accommodate the full quantity of the Petroleum Products ordered by the Buyer and in the case of motor spirit will procure certification to this effect. Such certification shall have regard to the regulations from time to time in force in respect of the storage and use of petroleum spirit.
- Has proper connections at the filling points to receive delivery of Petroleum Products and the Buyer will also ensure that Opie Oils employee or agent has access at all times to any keys to the filling points.
It is a condition of every bulk sale through hose that the quantity shown by Opie Oils vehicle meter shall be accepted by the Buyer as the true quantity delivered; the Buyer may be represented at the taking of such measurements. In all other cases the quantity shown on the delivery note or invoice shall be conclusive evidence of the amount delivered. Opie Oils shall not be responsible for discrepancies in the Buyer's tanks, meters, dip rods or other measuring devices.
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.
- The property in any product delivered to the Buyer shall pass on payment of all debts owed by the Buyer to Opie Oils.
- Notwithstanding the foregoing provisions of this clause. Opie Oils 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.
- The price of the products shall be due and payable notwithstanding that the property in the goods has not passed to the buyer, and Opie Oils may maintain an action therefore.
8. Kerosene and Gas Oil
In the case of Kerosene and Gas Oil, the Buyer undertakes that the oil will not be used as fuel in mechanically propelled vehicles constructed or adapted for use on roads in contravention of the Hydrocarbon Oils Duties Act 1979 and/or amending legislation.
Disputes and differences relating to quality of petroleum products supplied shall be notified to Opie Oils within 48 hours of delivery. In relation to price not later than 24 hours of receipt of invoice or statement in default of which the Buyer shall have waived all remedies in respect thereof and shall thereafter be stopped from challenging the same.
The Buyer shall indemnify Opie Oils against all claims for personal injury, loss or damage to property brought against Opie Oils by third parties arising from the delivery, storage or use of the petroleum products unless such injury, loss or damage is solely attributable to the negligence of Opie Oils, its employees or agents.
11. Force Majeure
Opie Oils shall not be liable for any failure or delay in performance of the contract if and so long as such performance is prevented or hindered by circumstances of any kind whatsoever outside of Opie Oils direct control.
If any such circumstances prevent or hinder Opie Oils in supplying the full quantity to the Buyer and also at the same time in maintaining in full its other business, Opie Oils may withhold, suspend or reduce deliveries hereunder to such an extent as Opie Oils in its absolute discretion consider appropriate.
These conditions and any agreement shall be governed by English law.