Terms and Conditions for business

Fuel & Ancillary Sales Terms & Conditions

Please read these terms carefully, as it is important that you understand our contractual relationship. OilMaxx is a fuel solutions service for the supply of fuels, lubricants, AdBlue, and ancillary products. Placement of an order with OilMaxx will be accepted if the buyer acknowledges the terms and conditions and that any fuel supplied will be used for the appropriate use deemed by the law.

1. PRICES:
Products are supplied against this dispatch note at the Seller’s prices and tax and/or duty ruling at the date of dispatch, irrespective of the date of the order.

2. DISCOUNTS:
Discounts agreed by the Seller may only apply if payment is received by the Seller by the due date.

3. PAYMENT:

(a) The Buyer shall pay cash on or before delivery, unless otherwise agreed in writing.

(b) If a credit account has been approved, payment terms will be shown on your delivery invoice.

(c) Where payment is made at the time of delivery, the driver is authorised to receive payment on behalf of the Seller.

(d) Payments made by credit card will be subject to an additional fee of 2.5% + VAT to cover our own processing costs.

4. PASSING OF PROPERTY AND RISK TO BUYER:

(a) Bulk Road Tanker Deliveries:

The risk and property in the goods will pass to the Buyer at the Seller’s permanent hose coupling in the case of collections and at the Buyer’s permanent hose coupling in the case of deliveries.

The Buyer undertakes to provide a safe working area around the storage area and the fill point and ensure there is appropriate and adequate storage and handling facilities to enable the full quantity ordered to be delivered into the Buyer’s storage.

Prompt and safe passage for the Seller’s vehicles between the public roadway and the actual point of unloading will be provided by the Buyer, who will indemnify the Seller against any damages, claims, costs or expenses whatsoever arising from the presence of the Seller’s vehicles on the Buyer’s premises.

The seller is not responsible for any loss whatsoever suffered by the Buyer as a result of the breach of these conditions.

(b) Damage to Fuel Tanks/Bowsers:

The Buyer undertakes to ensure all vent pipes are clear and unobstructed and any caps are removed before delivery. The Seller will not be responsible for any damage to Buyer’s tanks/bowsers as a result of a breach of this condition.

(c) Packages:

Where the Seller supplies returnable packages the Buyer hereby undertakes to return such packages in good order and condition “carriage paid” (unless otherwise agreed) to the point from which delivery emanated.

Buyer must advise Seller on the date of despatch and on receipt by Seller of such packages in good condition. Credit will be allowed to Buyer at the Seller’s standard rate operating at the time of receipt by the Seller.

5. MEASUREMENTS:

The Buyer shall accept the Seller’s quantity measurements in all cases.

Once delivery has been made, the seller cannot accept any responsibility whatsoever for discrepancies in the Buyer’s tanks, dip rods, or other measuring devices.

6. UNATTENDED DELIVERIES:

The Seller will not accept any responsibility whatsoever for measurement queries or alleged spillages if the delivery is unattended.

7. ENVIRONMENTAL:

The Buyer shall maintain and ensure storage tanks and associated equipment are installed to legal requirements and that such tanks do not become the cause of environmental pollution of any kind by reason of such tanks or equipment leaking or spilling in any way.

If environmental pollution is caused by leakage or spillage from the Buyer’s tanks or equipment, the Buyer shall be responsible for cleaning up to the standard required by the relevant statutory authority.

The Buyer hereby indemnifies the Seller against any costs, fines or expenses of any kind incurred by or upon the Seller as a result of the Buyer’s tank or equipment.

8. NOTIFICATION OF LOSS OR DAMAGE:

The Buyer must advise the Carrier and Seller in writing within the following time limits:

Partial loss, damage or non-delivery of the whole consignment – Within one day of the date of delivery.

The Seller will decline to entertain claims unless the Buyer complies with this provision.

9. RESALE:

The fuel supplied under this contract shall be for the Buyer’s own use exclusively, and the Buyer undertakes not to resell or dispose of any such fuel, except to the Seller, unless previously agreed in writing with the Seller.

10. PROPERTY:

The Seller retains the property and legal title to goods sold until the Buyer has made full payment. OilMaxx may, without notice or liability, repossess any unpaid product at any time. In the event of the Buyer becoming insolvent or going into liquidation, OilMaxx has the right to recover and resell any such products that remain in the Buyer’s possession and enter upon the Buyer’s premises for the purposes of making such a recovery.

11. REFUSAL TO DELIVER – DOWNTIME OF LABOUR, PLANT AND/OR EQUIPMENT:

The Seller reserves the right for reasons of health and safety, environmental, credit, site access, product availability, weather conditions or backlog of orders, not to make deliveries when the Buyer may expect.

Hence, the Seller will NOT accept any charges or claims from the Buyer for downtime of labour, plant, and/or equipment.

12. FORCE MAJEURE

OilMaxx reserves the right if it decides it is unreasonable or uneconomical to deliver the whole or any part of an order for goods or suspend or delay deliveries giving unwritten notice to the Buyer to cancel the order in whole or in part entrust any liability to the Buyer for failure to deliver or delay in delivery during any period in which it is prevented or delayed in the carrying on of its business of delivering by normal route the goods of the order through circumstances beyond the reasonable control of OilMaxx or force majeure.

For these conditions, force majeure shall be deemed to include acts of God, governmental actions, acts of terrorism, wars, fires, explosions, floods, protests, strikes or other labour disputes, accidents or unavailability from normal sources of supply.

The Seller shall not, in any circumstances, be liable to acquire, by purchase or otherwise, additional products from other suppliers to compensate the Buyer in the event of the Buyer purchasing alternative products from other suppliers at a higher price.