The following definitions, unless the context requires otherwise, apply to these Conditions:
- The term Seller shall mean Blue Caste Logistics ltd T/A Lucas Fuels, and/or such one of its Group/trading Companies named for which it may be acting for the purpose of this transaction.
- The term Buyer/customer shall mean the person, company or other type of organisation that enters into a Contract to purchase Goods and Services from the Seller.
Conditions of sale
1. The buyer is responsible for providing safe and suitable storage and insuring that it will take the full quantity ordered. The buyer will also indemnify the Seller against any claims, damages, expenses or cost that may arise as a result of the Buyer not observing these conditions.
2. It is a condition of every bulk sale that the quantity shown by the road tankers meter shall be accepted by the Buyer as the quantity delivered.
3. Unless the company shall otherwise specify in writing all goods sold by the company to the purchaser shall be and remain the property of the company until the full purchase price there of shall be paid to the company in the case of default in payment by the purchaser, the company should have the right to enter the premises where the goods are kept without notice at any time and re-take possession of and retrieve the said goods together and tracing to proceeds of sale of said goods.
4. Acceptance of goods will be treated as an acceptance of these conditions.
5. Service charge applies on all accounts if not paid by the 15th of the next month following the month of sale @2% per month.
6. All terms are C.O.D or within 7 days unless otherwise negotiated.
7. Full particulars of the Sellers standard conditions of sale are available on request from the Sellers registered office.
8. All major debit/credit cards are accepted with an administration fee of 2% for credit cards.
Terms and Conditions of Payment
In the absence of prior written agreement to the contrary, payment of our charges is required on receipt of our invoice. Failure to make payment within 28 days of the due date will result in the matter being referred to our DEBT COLLECTORS AGENTS whose charges will be added to and payable with the invoice debt.
Orders and specification
1.1 Any order placed by the buyer, whether orally, in writing or in electronic form, shall constitute a binding contract of sale.
1.2 Unless otherwise agreed in writing by the seller, all products shall be supplied in accordance with the Conditions to the exclusion of any terms and conditions (if any) stipulated by the buyer and any representations warranties or communications not expressly incorporated in these Conditions.
1.3 The buyer shall be solely responsible for ensuring the accuracy of the terms of any order.
1.4 Lucas Fuels reserves the right to change the specification of any Product to conform with any Law or with any prevailing market specification for that Product.
1.5 Once accepted by Lucas Fuels, no order may be altered or cancelled without the agreement of Lucas Fuels, any such agreement to be on the condition that the Customer hold Lucas Fuels harmless from all loss or damage (including the cost of all labour, materials and transport) resulting from such alteration or cancellation. Each order accepted by Lucas Fuels shall constitute a separate contract.
1.6 The Seller has the right to charge a transport fee in the event that the delivery cannot be made to the Buyer due to over/double ordering from a different supplier or the Buyer rejecting the delivery on arrival.
Price and duties
2.1 The product shall be charged at the price agreed at the date the order is made, subject to any increase equal to any new or increased tax duties or other imposts or the wholesale schedule price and/or any market variations imposed or occurring up to the date of delivery. In the event that no price has been agreed, the price shall be the seller’s selling price at the date of delivery.
2.2 If the customer is unable to accept the total quantity of product ordered, it shall give Lucas Fuels prompt notice thereof prior to the due date for delivery. In the event of a failure to do so by the Customer, then notwithstanding and without prejudice to any other remedy, Lucas Fuels may require the Customer to pay all costs incurred by Lucas Fuels in relation to the transportation and disposal of the rejected Product in addition to the Price.
2.3 The price per litre (ppl) shall include all duties levies or other imposts (excluding VAT).
Delivery conditions
3.1 The buyer is responsible for providing safe and suitable storage and ensuring that it will take the full quantity ordered.
3.2 Safe and adequate access for the road tank vehicles and drivers; storage tanks and reception equipment of suitable construction for pump or gravity delivery, properly vented with all inlets clearly identified, and suitably placed (i.e. where the driver may monitor the level during delivery) full operational product level gauge and having adequate free capacity for the amount of product shown on the delivery documentation. The buyer shall ensure that it shall not permit smoking, the use of naked lights or electric near to any tank or inlet pipe into which a delivery of the products is being made or in the vicinity of any vent pipe connected to a tank and will fully indemnify the seller against any damage claims or costs arising of its failure to comply with this condition and shall retain appropriate insurance cover for that purpose.
For commercial use- personal supervision throughout the delivery by an authorised employee of the Customer or its appointed agent. Lucas Fuels will not be obliged to deliver the product to any premises or storage which, in the opinion of Lucas Fuels, does not meet such criteria, nor shall it be required to pump the product (or any of it) into the underground storage tank or other storage facility of the Customer, except on terms that it shall do so at the sole risk of the Customer.
3.3 It is a condition of every bulk sale that the quantity shown by the seller’s road tanker meter shall be accepted by the buyer as the quantity delivered.
3.4 Unless the company shall otherwise specify in writing, all goods sold by the seller to the buyer shall be and remain the property of the company until the full purchase price thereof shall be paid to the company.
3.5 In the case of default in payment by the buyer, the company shall have the right to enter the premises where the goods are kept, without notice at any time and re-take possession of and remove the said goods together with tracing to proceeds of sale of said goods.
3.6 The Seller reserves the right to refuse delivery into the Buyer’s oil tank if the driver deems it unfit for purpose, e.g. splits in tank or unsuitable support base.
3.7 The buyer will also indemnify the seller against any claims, damages, expenses or costs which may arise as a result of the buyer not observing these conditions.
Risk and Title
4.1 Risk of loss or contamination of the Product shall pass to the Customer when the Product passes the Delivery Point, except where the Customer fails to accept delivery of any of the Product, in which case risk shall pass when the seller tenders’ delivery of such Product.
4.2 Notwithstanding delivery and the passing of risk in the Product, or any other provision of the Contract, title to any Product shall not transfer to the Customer until the seller has received payment in full in respect of such Product, and no other amounts are then outstanding from the Customer to the seller.
4.3 Until such time as title to the Product transfers to the Customer, the Customer shall hold the Product (or an equivalent quantity of commingled product of the same type) on behalf of the seller as the fiduciary agent and bailee of the seller, shall keep the Product properly Stored and protected and the seller shall be entitled at any time to require the Customer to deliver up the Product (or an equivalent quantity of commingled product of the same type) to the seller and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or of any third party where the Product is Stored and repossess the same.
4.4 The Customer may remove the Product from Storage for use in the normal course of its business or in case of emergency but not otherwise.
4.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Product which remains the property of the seller, but if the Customer does so all monies remaining to be paid by the Customer to the seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.
4.6 The Customer shall be responsible for and shall indemnify and hold the seller and its employees harmless from and against any and all liability for loss or damage due to any cause whatsoever occurring after the Product has been delivered to the Customer’s Premises including, without limitation:
4.7 any losses, leakage, shortages, contamination of or other damage to the Product occurring during Storage, processing or any other handling by the Customer; and
4.8 except to the extent provided otherwise by Law, any other claims arising directly or indirectly from any breach of any term of the Contract or as a result of the negligence of the Customer, its servants or agents, all claims arising from the death of or injury to third parties, or loss or damage to third party property, or arising out of the death or injury of the Customer’s employees occurring as a result of, or in connection with, the Storage, processing or handling of the Product after it has been delivered.
4.9 The Customer shall at all times during the term of the Contract:
4.10 ensure the seller and/or its agents or representatives has access to the Premises at all reasonable times for the purpose of checking the stock of Product.
4.11 keep the Product in Storage insured to its full replacement value; and
4.12 comply with all relevant Laws and the requirements of all applicable regulatory authorities with regard to the safe Storage, handling and use of any Product. For the purposes of the Contract the words “safe Storage, handling and use”, relate not only to the safety of those persons who may be affected by the acts or omissions of the Customer but also to the environment generally.
Measurement
5.1 The seller shall not be responsible for dipping, checking or testing the buyer’s tank.
5.2 The buyer shall be solely responsible for ensuring that the fuel is delivered into the correct feed on the buyer’s tank which shall have sufficient capacity to receive the ordered quantity.
5.3 The seller shall accept no responsibility for any damage whatsoever caused resulting from the failure on the part of the buyer to comply with 4.1 and 4.2 above.
Terms of Payment
6.1 If credit is granted to the buyer payment for each delivery shall be made no later than 28 days after the day in which the delivery was made. If no credit is available or otherwise at the buyer’s sole discretion, payment shall be made prior to or on the date of delivery in cleared funds.
6.2 All non-fixed quantities are strictly payment within 7 days of delivery.
6.3 Payment can be made by cash, cheque(cleared), debit/credit card, Amex, or Bacs.
6.4 In the absence of prior written agreement to the contrary, payment of our charge is required on receipt of our invoice. Failure to make payment within 28 days of the due date will result in the matter being referred to our debt collection agents whose charges will be added to, and payable with the invoice debt.
6.5 Should you be on a monthly budget scheme (standing order). Payment should be paid on the day specified on the initial form. Should a monthly payment be missed then refer to 5.4. Should the account not be in credit by the time of another delivery, Lucas Fuels may withhold goods until payment is made in full.
FORCE MAJEURE
7.1 The seller shall not be liable for any failure or delay and performance of its obligations if and so long as such performance is prevented or hindered by circumstances of any kind whatsoever outside the seller’s direct control.
7.2 Either party may, without liability, delay, reduce or cancel Orders or deliveries if it is hindered, delayed or prevented from producing, delivering by normal means, or accepting delivery of any Product through circumstances beyond its reasonable control including, but not limited to, employment disputes (including those involving its own employees), accidents, power shortages, breakdown of plant or machinery, shortages of raw materials from usual sources, transport problems or shortages or governmental action or inaction. The party directly affected shall give notice to the other party immediately and where the Customer purchases Product elsewhere, it shall be at his own risk and cost.
Claim Procedure
8.1 The seller’s liability in terms of these Conditions is in lieu of and to the exclusion of all other warranties conditions or obligations imposed or implied by statute or otherwise in relation to the quality or description of the goods or their fitness for any particular purpose and all liability for any loss or damage whether direct indirect or consequential (howsoever arising) is hereby expressly excluded.
8.2 The buyer shall indemnify the seller against all claims for personal injury loss or damage to property brought against the seller by third parties arising from the delivery storage or use of the products unless such injury loss or damage is solely attributable to the negligence of the seller or the seller’s employees or agents.
8.3 Without prejudice to the foregoing the buyer is warned that the products are unsuitable for any use other than as petroleum products and no liability of any kind whatsoever is accepted by the seller for any consequences of using the products for any other purpose.
8.4 In the event the buyer is a consumer as defined under the Sale of Goods Act 1979 or any statutory modification thereof any provision of these conditions which is of no effect by reason of such statute regulation or otherwise shall not apply. For the avoidance of doubt the statutory rights of a consumer are not in any way affected by these Conditions.
General
9.1 Any gas oil red diesel or kerosene supplied by the seller shall be used by the buyer in strict accordance with customs and excise regulations in force. The buyer shall indemnify the seller in respect as to the proper/improper use.
9.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing and sent to the other party at its registered office or principal place of business or such other address as may at the relevant time have been duly notified to the party giving notice.
9.3 No variation to the Contract shall be binding unless agreed in writing between Lucas Fuels and the Customer, and no representation concerning the Product shall be valid unless confirmed by Lucas Fuels in writing.
9.4 No waiver by Lucas Fuels of any breach of any term and/or Condition by the Customer shall be deemed to be a waiver of any subsequent breach of the same or any other term and/or Condition.
9.5 If any Condition is held by a competent authority to be invalid or unenforceable in whole or in part, the remaining Conditions and the part of the Condition not so affected shall continue in force.
9.6 Unless provided otherwise in the Contract, the international rules for the interpretation of trade terms of the International Chamber of Commerce (Incoterms) in force at the date of the Contract shall apply.
9.7 The Contract shall be governed by the Laws of England and the Customer agrees to submit to the exclusive jurisdiction of the English Courts.