United Fuel's Terms & Conditions
UNITED FUELS LTD’S STANDARD CONDITIONS OF SALE (CONDITIONS) TERMS APPLICABLE TO COMSUMER AND NON-CONSUMER PURCHASERS
1. The buyer (you) who purchases the products from United Fuels Limited (us/we) must ensure that the correct product is ordered. You must let us know within 7 days in writing that the products we have delivered are not in accordance with your order.
2. We will make every effort to deliver the products in accordance with the estimated date for delivery given (or, if no date has been provided, within reasonable time from the date of your order) but we cannot be held responsible for delays due to weather or other circumstances beyond our control. In this case we will deliver the products ordered as soon as reasonably possible.
3. Unless otherwise stated, payment of our invoice is due within 14 days from the date of delivery. You will pay us interest at the rate of 1 per cent per month (12% per annum) compound interest on all outstanding sums from the due date until payment or in the alternative pursuant to The Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% per annum + the base rate of the Bank of England. Compensation is claimable pursuant to The Late Payment of Commercial Debts Regulations 2002 at three set rates of £40, £70, or £100. Legal costs are also recoverable pursuant of The Late Payment of Commercial Debts Regulations 2013.
4. If you do not pay our invoice(s) by the due date, we may ask a debt-collection agency or solicitor to collect the payment on our behalf. All costs incurred in the collection of unpaid invoices and any costs paid to solicitors and/or others acting on behalf of United Fuels Limited shall be recoverable in full.
5. These conditions are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English Courts. We are a company registered in England. Our registered office is care of Mitten Clarke Limited, The Glades, Festival Way, Stoke-On-Trent, Staffordshire ST1 5SQ and our registered number is 05779422
ADDITIONAL TERMS APPLICABLE TO NON-CONSUMER PURCHASERS ONLY
6. Where you are buying the product in the course of your business these conditions 7 to 16 apply in addition to conditions 1 to 6 above.
7. Acceptance by you of products supplied against our ticket invoice will be treated as a acceptance by you of these conditions to the exclusion of all other terms and conditions.
8. You must strictly observe all the conditions of your petroleum storage licence and you must not allow any smoking or naked lights nor permit any stoves, electric or gas fires or radiators to function in proximity to a tank or inlet pipe into which a delivery of spirit is being made or a vent pipe connected to such tank and you will indemnify us against any damages, claims or costs arising out of the breach of this clause
9. Unless otherwise agreed in writing, the products supplied against the ticket invoice will be charged at the prices set out in our price list applicable on the day of delivery or deemed delivery irrespective of the date of any order.
10. The product is sold exclusively of your own use or trade purpose only and must not be resold, transferred or disposed of to any other person, form, company or corporation, and must only be used in your own commercially licensed vehicles hired or used by you in the course of your business.
11. You shall ensure that the terms of any order are complete and accurate. Our measurements of quantity set out on our ticket invoice will be deemed to be accepted by you unless you can provide conclusive evidence proving the contrary. Owing to the volatile nature of the products we cannot be held responsible for any shortage discovered after products have been delivered.
12. Ownership will not pass in any products supplied by us to you if at any time of payment for such products there are other products supplied by us to you which are not paid for in full. Otherwise ownership of products supplied will pass to you when ail products supplied by us to you have been paid in full. Until such time as ownership in the products has passed to you, you shall hold the products on a fiduciary basis as our bailee and store the products separately so that they are identifiable as belonging to us. We shall be entitled to recover payment for the products notwithstanding that ownership of the products has not passed from us but nothing herein shall give you the right to return the products to us. For the purposes of repossessing products you grant us, our agents and employees an irrevocable licensed to enter upon your premises at any reasonable hour and to siphon off fuel which is reasonably considered to have been supplied by us from any container in which it is stored and you shall pay to us the cost of removal and transport of such products to our premises.
13. Duty Rebated Heavy Oils supplied against this ticket invoice must only be used by you in strict accordance with the current Customer and Excise Regulations controlling the same.
14. Save for any matter which it would be illegal for us to exclude or attempt to exclude liability for, our total liability under these Terms for liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall be limited to the price paid for the products.