Ardkeen Oils - Terms & Conditions |
1 Definitions
1.1 "Buyer" means the individual or organisation who agrees to buy the goods from the seller. 1.2 "Contract" means the contract between the seller and the buyer for the sale and purchase of goods incorporating these terms and conditions. 1.3 "Seller" means Ardkeen Oils, 5 Ballygelagh Road, Ardkeen, Newtownards, BT22 1JQ. 2 Conditions 2.1 Nothing in these terms and conditions shall affect the buyer’s statutory rights as a consumer. 2.2 These terms and conditions shall apply to all contracts for the sale of goods by the seller to the buyer and shall prevail over any other documentation from the buyer. 2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of these terms and conditions. 2.4 Any variation to these terms and conditions shall be inapplicable unless agreed in writing by the Seller. 2.5 Any complaints should be addressed to the seller's address stated in clause 1.3. 3 Ordering 3.1 All orders for goods shall be deemed to be an offer by the buyer to purchase goods in compliance with these terms and conditions. 3.2 Where the goods ordered by the buyer are not available from stock the buyer shall be notified and given the option to either wait until the goods are available from stock or cancel the order and receive a full refund. 4 Price & Payment 4.1 The price of the goods are inclusive of VAT and delivery charge. 4.2 Should any delivered quantity be less than the specific quantity ordered, due to the Buyer’s tank reaching the maximum safe level, then the seller will automatically hold over any litres owed, this oil can then be received in addition to any future purchases of oil to the property. Alternatively the buyer can request a refund for the oil owed. 4.3 Until the buyer has paid in full for the goods including all VAT and delivery charges, the goods remain the sole and absolute property of the seller as legal and equitable owner. 4.4 The seller reserves the right to require payment in full for the goods and/or services on or before the point of delivery. 4.5 The seller shall be entitled to impose a charge if the buyer's credit/direct debit tendered in payment for goods and/or services are dishonoured by the bank in the amount of £25.00 per credit/direct debit for each time it is dishonoured. 5 Delivery 5.1 The buyer will be responsible for providing safe and suitable storage and will indemnify the seller against any damages, expenses or costs which may arise from the buyer's failure to do so. 5.2 The quantity shown by the metered delivery invoice or other measuring device employed by the seller shall be accepted by the buyer as the quantity delivered. 5.3 Risk in the goods shall pass to the buyer at the point of delivery. 5.4 The buyer shall inspect the goods as soon as practicable after delivery and must notify the seller within 3 days of delivery of any claim for shortages, damages or loss in transit, failing which the goods shall be conclusively presumed to have been received and accepted by the Buyer. 5.5 The seller reserves the right to charge part load and waiting time charges at its own discretion where deemed appropriate. 5.6 Any date or time specified by the Seller for delivery of the Goods is an estimate only 5.7 Deliveries will normally only be made by the seller to a buyer within the seller’s working hours (9 am to 5 pm) and during the seller’s working days (Monday to Friday), although the seller reserves the right to deliver outside of these times at their discretion. It is the Buyers responsibility to make sure there is open access within these times. NOTE: Public holidays may affect the seller's normal working days. 5.8 The seller reserves the right at any time to refuse to make delivery of the goods or any part of them if in its sole opinion the storage and offloading facilities proposed by the Buyer are inadequate, unsuitable or unsafe for health, safety or environmental reasons. |