TERMS OF TRADE

Where D & S L Fuels & Lubricants agrees to supply any petroleum products (Other than under the terms of a written Supply Contract) the following terms and conditions alone shall apply and shall consitute the contract between D & S L Fuels & Lubricants.

1 General

  • (I) All orders are placed under these terms and conditions only to the exclusion of any other terms and conditions which the Buyer seek to impose at any time thorugh any offer, acceptance,counter offer,order or invitation of other documentation or by otherwise brought to the attention of D & S L Fuels & Lubricants.
  • (ii) Acceptance of any products by the Buyer shall constitute acceptance of these terms and conditions.
  • (iii) No variation of the terms and conditions shall be permitted unless expressly agreed in writing by an authorised representative of D & S L Fuels & Lubricants.

2 Price

  • (I) The price of each product shall be notified by D & S L Fuels & Lubricants to the Buyer (the Notified Price) for a product from time to time exclusive of VAT and inclusive of Duty as applicable.
  • (ii) In addition. to the notified price for a product, the Buyer shall pay to D & S L Fuels & Lubricants any Load Surcharge or Delivery Charge as notified by D & S L Fuels & Lubricants dependant on the place,method and amount for delivery to the Buyer.
  • (iii) The Notified Price,Load Surcharge, or Delivery Charge may be altered at any time prior to delivery of a product to the Buyer without prior notice.
  • (iv) Any rebates to a Notified Price shall be provided to the Buyer by D & S L Fuels & Lubricants in writing subject to variation by D & S L Fuels & Lubricants without prior notice.
  • (v) Where D & S L Fuels & Lubricants quotes a net price to the Buyer, that price shall be subject to Terms and Conditions as provided in 2 (I) and 2 (iv) above.

3 Payment

  • (I) All sums become due and payable under these Terms and Conditions not later than the 20th day of the month in which the delivery is made.
  • (ii) Time for payment shall be of the essence.
  • (iii) The Company reserves the right to charge interest at 4% per annum above the base rate from time to time of HSBC Bank on all overdue accounts, such interest being deemed to accure on a day to day basis from the due date for payment under sub-clause.
  • (iv) The Purchaser shall have no right of set off, statutory or otherwise.
  • (v) D & S L Fuels & Lubricants reserves the right at any time at its decretion to demand immediate payment or other security for payment before continuing with or delivering any order.
  • (vi) D & S L Fuels & Lubricants reserves the right to vary any of the Terms & Conditions set out in 3 (I) above provided it gives not less than 60 days notice to the Buyer.

4 Customs & Excise

All products controlled  under the provisions of the Customs & Excise (General Reliefs) Act 1979, the Customs & Excise Management Act 1979, the Hydrocarbon Oil Duties Act 1979 and any subsequent legislation are sold exclusively for use by the Buyer in accordance with those provisions and the Buyer hereby undertakes not to use any such product
in contravention of these provisions and if so required by D & S L Fuels & Lubricants shall provide evidence of the end use of such products.

5 Delivery

  • (I) All products to be delivered – to the Buyer shall be delivered to the address of the Buyer as notified in writing to D & S L Fuels & Lubricants.
  • (ii) D & S L Fuels & Lubricants measurement of quantity shall be accepted by the Buyer who may at their own cost have an opportunity of verifying the measurement.
  • (iii) The Buyer shall ensure that during the delivery all necessary safety precautions are taken at all times including without prejudice to the generality of the forgoing.
    • a) Safe and adequate access and site for D & S L Fuels & Lubricants vehicles and Personnel and their agents.
    • b) Storage tanks and reception equipment of safe and adequate construction for pumped delivery,properly vented,with all inlets clearly identified and each having adequate free capacity for the amount of product to be delivered.
    • c) Adequate supervision throughout the delivery.
  • (iv) For collection of D & S L Fuels & Lubricants own or hired storage, the Buyer shall ensure that the provisions of all relevant safety environmental and other legislation as may from time to time be in force are complied at all times including but without prejudice to the generality of the foregoing Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations 1981,Construction and Use Requlations 1989 Health and Safety at work Act 1974.
  • (v) Time of the delivery is not of the essence but the Buyer shall ensure that delivery can take place without undue delay.
  • (vi) D & S L Fuels & Lubricants shall not be liable for any loss whatsoever or howsoever arising caused by its non delivery or by the failure to make a product due for collection on the due date.
  • (vii) D & S L Fuels & Lubricants reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.
  • (viii) When delivery is to be made by instalments, D & S L Fuels & Lubricants exercises its right to deliver by instalments under Sub-clause (vii) hereof or if there be delay in the delivery of any one or more instalments for whatever reason this will not entitle the Buyer to treat the Contract as repudiated or to damages.
  • 6 Title and Risk

    6.1 Risk in any product shall pass to the Buyer as soon as that product leaves the D & S L Fuels & Lubricants delivery coupling or loading arm (where the Buyer collects the product) and enters any equipment,road or other vehicle or storage tank of the Buyer but title thereto shall remain with D & S L Fuels & Lubricants until all sums owing by the Buyer to D & S L Fuels
    & Lubricants for what ever reason have been paid in full.

    6.2 Until title to any product passes the Buyer will hold that product as fiduciary agent and bailee for
    Then if:

    • (a) the Buyer is in default for longer than 14 days in the payment of any sums whatsoever due to D & S L Fuels & Lubricants whether in respect of the products most recently supplied or any other products supplied at any time by it to the Buyer or,
    • (b) the Company has bona fide doubts as to the solvency of the Buyer or,
    • (c) the Buyer has a petition presented for its winding up or passes a resolution for voluntary winding up otherwise than for the purpose of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver or administrator appointed of all or any part of its assets or permits distrait thereon or becomes
      bankrupt or insolvent or enters into any arrangements with creditors or takes or suffers any similar action of consequence of debts or carries out or undergoes any analogoues act or proceeding under foreign law.
    • (d) the Buyer shall place any products supplied by D & S L Fuels & Lubricants in its possession or under its control and unsold at the disposal of D & S L Fuels & Lubricants and D & S L Fuels & Lubricants shall be entitled to enter upon any premises of the Buyer for the purpose of removing such products.
      6.3 D & S L Fuels & Lubricants shall at any time be entitled to appropriate any payment made by the Buyer in respect of any product in settlement of such invoices or accounts in repect of such products as D & S L Fuels & Lubricants may in its absolute discretion think fit not withstanding any purported appropration to the contrary by the Buyer.

    7 Claims

    • (I) No claim shall be maintained by the Buyer against D & S L Fuels & Lubricants for any shortage,defect in, loss or damage to a product unless D & S L Fuels & Lubricants shall receive within 7 days of the date shown on the delivery note a written complaint giving details of the shortage defect, loss or damage alleged by the Buyer.
    • (ii) In all cases where shortage, defect in,loss or damage to a product is alleged D & S L Fuels & Lubricants shall be under no liability therefore unless and opportunity to inspect the product as delivered  without alteration or modification is provided to D & S L Fuels & Lubricants.
      8 Warrant
    • (I) D & S L Fuels & Lubricants warrants that it has title to the and the unencumbered right to sell products.
    • (ii) No representation or warranty is given as to the suitability or fitness of any product for any particular purpose and the Buyer shall satisfy himself in this repect and shall be totally responsible therefore.

    9 Consequential Loss

    D & S L Fuels & Lubricants shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of a duty in contract or tort or in any other way including loss arising from D & S L Fuels & Lubricant’s negligence save for death or personal injury resulting from such negligence.

    10 Force Majeur

    • (I) The Party’s obligations hereunder shall be suspended to the extent that either party hindered, prevented or delayed in fulfilling this contract in whole or in part by reason of circumstances beyond their reasonable control which shall include but not be limited to acts of God or State, fire ligtening,severity of weather,war,riot labour distrurbance or industrial dispute,
      breakdown of plant or machinery or storage or tranmission facilities, transport of import or export embargoes,compliance with an order or request of a national or local puplic or port authority or of any person purporting to act on behalf thereof or shortage of
      petroleum or petroleum feed stock as a result of market conditions beyond its reasonable control.
    • (ii) For the avoidance of doubt it shall be understood that it by reason of any of the above.
      • (a) the seller is hindered, prevented or delayed in fulfilling delivery of any product ordered by the Buyer he shall be entitled to require the Buyer to take delivery of such amount of product(s) as he is able to deliver.
      • (b) the Buyer suffers such a shortage in his requirements for the product(s) ordered that it becomes necessary to remedy such shortage ,he is at liberty to make the remedial purchases necessary from other suplliers.

    11 Determination

    • (I) In the event of a breach of any of the Buyer’s obligations hereunder or if in the reasonable opinion of D & S L Fuels & Lubricants the Buyer is or about to become insolvent, D & S L Fuels & Lubricants may suspend or crease deliveries or vary the payment term.
    • (ii) If either D & S L Fuels & Lubricants or the Buyer become insolvent or allow any of the matters referred to in clause 6.2 of these Conditions to occur the contract will therefore be deemed repudiated by that party and if the Buyer shall be that party all sums due to D & S L Fuels & Lubricants shall not withstanding what may have been provided hereby or agreed elsewhere
      become immediately due and payable.

    12 Waiver

    No waiver of a breach of any of these Terms and Conditions or failure to enforce any of these provisions hereof shall operate as a waiver of any other or subsequent breach or consitute departure from the strict terms herein set out.

    13 Proper Law and Jurisdiction

    The contract shall be governed and construed in accordance with English Law and all disputes arising in connection with the contract shall be submitted to the jurisdiction of the English courts.

    14 Indemnity

    The Buyer hereby agrees to indemnify D & S L Fuels & Lubricants against all loss and damage cost or expense whatsoever or howsoever arising from any failure to comply with any of the conditions of sale herein contained.

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