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.
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.
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
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.
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.
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.
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.