Online Lubricants Limited -
TERMS AND CONDITIONS OF SALE
ORDER to be TREATED AS A BINDING CONTRACT OF SALE
1.1 Any order placed by the buyer whether orally, in writing, or in electronic form, shall constitute a binding contract of sale once Online Lubricants has accepted it.
1.2 Unless otherwise agreed in writing by Online Lubricants, all products shall be supplied in accordance with these 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 entered though Online Lubricants website.
1.4 Online Lubricants reserves the right to amend ordered quantities without notice in order to comply with any legal restrictions or credit limits, whether previously agreed with the buyer or not.
2.1 Subject to this clause, the price payable by the buyer is that ruling on the date of order as shown on Online Lubricants website. Online Lubricants reserves the right to implement any increase equal to any new or increased tax duties, or other imposts or the wholesale schedule price and/or market variations imposed or occurring up to the date of delivery. Online Lubricants also reserve the right to amend the price charged to the buyer in the case of manifest error. In such an event the price payable by the buyer shall be Online Lubricants ’s selling price at the date of order notwithstanding the published price on Online Lubricants website.
2.2 The price shall include all duties, levies or other imposts (excluding VAT)
2.3 The price shall not be affected by any payment made by the buyer on delivery.
2.4 The unit price of any products may vary depending on the quantity ordered. If Online Lubricants is unable to deliver the ordered quantity (due to lack of ullage in the buyer's tank, or at the request of the buyer/buyer’s agent) Online Lubricants shall be entitled to increase/reduce the unit price of the products to reflect the delivered quantity.
3.1 Payment shall be due before delivery, unless alternative arrangements have been expressly agreed by Online Lubricants.
3.2 Credit shall only be available to the buyer subject to the completion to Online Lubricants ’s credit application form. The offer of credit to any buyer and the continuation of such credit terms shall be at Online Lubricants ’s sole discretion.
3.3 If credit is granted to the buyer payment shall be made not later than 28 days from date of delivery, unless other terms have been agreed.
3.4 Online Lubricants reserves the right to charge interest on overdue monies at the rate of 5% above HSBC Plc rate as published and varied from time to time, such interest to accrue on a daily basis until payment is made without deduction of tax.
3.5 No payment shall be deemed to have been received until Online Lubricants is in receipt of cleared funds. The buyer shall allow five (5) working days from the date of receipt for cheque payments before the amount paid can be considered cleared funds.
3.6 Online Lubricants reserves the right to charge any reasonable amount to process card payments. Reasonable shall be defined as being linked to the costs incurred in processing the buyer's payment.
3.7 Any refunds requested by the buyer and agreed by Online Lubricants, shall be made as soon as reasonably possible, and within 30 days of the request being made.
4.1 Online Lubricants will make every effort to effect delivery in accordance with the buyer’s requirements.
4.2 No delivery date is guaranteed.
4.3 All deliveries to be made within Online Lubricants ’s discretion.
4.4 The buyer must provide a safe and suitable point of access to the storage tank, and shall provide every facility to ensure the products can be promptly discharged or offloaded.
4.5 It is the buyer’s responsibility to provide storage facilities that conform to all relevant Health and Safety regulations current at the date of delivery. Online Lubricants or seller’s agent reserves the right to refuse delivery if Online Lubricants /seller’s agent feels the buyer has not conformed to all relevant safety regulations.
4.6 If Online Lubricants is unable to effect delivery to the buyer by reason of the failure of the buyer to satisfy any of the above Conditions (including the buyers, or buyer’s representative, refusal to accept delivery) the buyer shall pay Online Lubricants a non delivery charge equal to £35.00 sterling plus VAT at the appropriate rate.
4.7 The buyer shall ensure that it shall not permit smoking or the use of naked lights, electric or gas fires or radiators 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. The buyer will fully indemnify Online Lubricants against any damage or costs arising from any failure to comply with this condition and shall retain appropriate insurance cover for that purpose.
4.8 Practical logistics and the nature of the products may mean that exact quantities cannot be delivered. If the delivered quantity is up to 10% more or less than the ordered quantity, the buyer shall accept and be liable for payment at the agreed pro rata rate.
4.9 Online Lubricants may deliver the product by instalments.
5.1 Online Lubricants shall not be liable for any failure or delay in performance of their obligations if, and so long as, such performance is prevented or hindered by circumstances of any kind whatsoever outside Online Lubricants ’s direct control.
5.2 If any such circumstances prevent or hinder Online Lubricants in supplying the full quantity of products to the buyer and also at the time maintaining in full it’s other business, Online Lubricants may withhold, suspend or reduce deliveries under any contract to such an extent as Online Lubricants in it’s absolute discretion considers appropriate, but the buyer shall remain free to purchase from other suppliers any resultant deficiency of any delivery which remains outstanding one month after the deliveries were first affected by the operation of this specific condition.
6.1 Online Lubricants shall not accept responsibility for the dipping, checking or testing of the buyer’s tank/s.
6.2 It is the buyer’s responsibility to ensure there is sufficient Ullage in the storage tank to accept the quantity ordered.
6.3 The measurements of Online Lubricants or its agents shall be conclusive as to the quantities delivered; in particular:
6.3.1 At unmanned premises – the driver’s confirmation as shown on the invoice/delivery note;
6.3.2 At manned premises – signature of the buyer or the buyer’s agent on the invoice/delivery note, or in the absence of such signature, as in accordance with unmanned premises.
6.4 Online Lubricants shall accept no responsibility for any damage whatsoever caused from the failure on the part of the buyer to comply with 6.1 and 6.2 above
7.1 These conditions shall be construed in accordance with English law.