1. Irrespective of the date of order all products supplied are chargeable at the prices on the day of delivery.
2. The Buyer will be responsible for providing safe and suitable bulk storage and for ensuring that it will take the full quantity ordered, and will indemnify the seller against any damage claims, expenses or costs which may arise as a result of the Buyer not observing these conditions.
3. It is a condition of every bulk sale through hose that the quantity shown by the tank wagon dip rod or other measuring devices employed by the seller shall, for the purposes of accounts be accepted by the buyer as the quantity delivered. The Seller cannot accept any responsibility whatsoever for a discrepancy in the Buyer's tank dip rods or other measuring devices, therefore the Buyer should, when convenient to himself, be present at the taking of the measurements to verify them. If on any delivery the Buyer or any representative of the Buyer, whether or not for the purpose of verifying the Seller's measurement of quantity for that delivery, mounts any tank wagon used on that delivery, the Buyer or his representative (as the case may be) shall do so at his own risk and the Seller accepts no responsibility whatsoever therefor.
4. Prices include any government tax (other than Value Added Tax) in force at the time of supply. Any variation in the rate of existing tax, or any additional taxation is for the Buyer's account. Value Added Tax, if applicable, will be charged separately.
5. The deposits charged on Returnable Packages are due for payment with the account and will be credited in full on their return in good condition carriage forward. Other packages on which no deposit is charged are free and non-returnable.
6. If packages returned by the Buyer are unfit for the Seller's immediate use the Buyer shall forfeit as liquidated damages the deposit paid thereon or such lesser sums as the Seller shall in its sole discretion think fit.
7. The Buyer undertakes that rebated or controlled oil will not be used as fuel in mechanically propelled vehicles constructed or adapted for use on roads in contravention of the Customs and Excise Act 1952 and/or amending legislation.
8. Acceptance of delivery will be treated as an acceptance of the foregoing conditions.
9. Neither the Seller nor the Buyer shall be liable for any failure to fulfil its obligations under the contract if such a failure is caused by - circumstances beyond its reasonable control.
10. Passing of Risk and Title
(a) The risk in the Products shall pass ito the Buyer
(i) in the case of bulk deliveries at the Buyer's permanent coupling with the vehicle discharge hose and
(ii) in the case of delivery in barrels at the entrance to the Buyer's premises or other premises upon which the point of delivery is situated.
(b) The property in the Products will not pass to the Buyer until the Buyer has paid for the Products in full.
Until such payment the Buyer:
(i) is required to store the Produces in such a way that they will be clearly identifiable as the property of Active Fuels.
(ii) will not permit the same to become mixed with products from another supplier.
(iii) will on demand deliver the Products to Active Fuels.
(iv) will be entitled to sell the Products to third parties within the ordinary course of the Buyer's business and for this purpose transfer of the property to the Buyer will be deemed to take place the moment of sale to such third party.
(v) will hold the proceeds of such sale separate from its own monies as Trustee for Active Fuels.
11. Cancelled orders are subject to a cancellation fee of £75.00.