Terms And Conditions Of Trading | Value Oils
Terms & Conditions for the use of ValueOils.ie Website.
The following terms and conditions apply to users of ValueOils.ie website for the supply of heating oil and/or green diesel by one of the Suppliers. These Terms and Conditions govern both ValueOils and the Supplier’s respective dealings with you. These Terms and Conditions will apply to both domestic and commercial Customers and are legally binding - so please read these carefully and ensure you understand the basis on which your order will be submitted, and if accepted, the terms upon which the goods will be supplied.
Summary of ValueOils (Notice and Disclaimer)
ValueOils.ie is a website which aims to connect Customers wishing to buy heating oil and/or green diesel with selected Suppliers by identifying the best quote according to the Customer’s stated address and delivery preferences. ValueOils.ie only acts as agent for these selected Suppliers in administering the ordering process on their behalf including the administration of quotations, Customer orders and Customer payments as well as issuing order confirmations by e-mail on behalf of Suppliers. These activities will henceforth be referred to as “services” in these terms and conditions.
The contract for the supply of heating oil or green diesel is made between you, the Customer, and with the relevant Supplier and not with ValueOils. As a result, ValueOils does not accept responsibility for the acts and omissions of Suppliers or for the Goods supplied by them. The Supplier will Invoice you the Customer directly. The role of ValueOils is limited to “the services” as defined in 1.3 below.
1 Interpretation
1.1 "The Customer" refers to any person or persons, firm or firms, company or companies, authority or authorities who shall order or buy the Goods, or in succession a receiver, administrator, administrative receiver or judicial administrator;
1.2 "The Goods" refers to heating oils and/or green diesel; ;
1.3 "The services" refers to the web-based services provided by ValueOils in identifying the best quote according to the Customer’s stated address and delivery preferences from those provided by the selected Suppliers. It also includes activities which ValueOils carries out such as administering the ordering process on their behalf including the administration of quotations, Customer orders and Customer payments as well as issuing order confirmations e-mails on behalf of Suppliers; This does not include Invoicing which is the responsibility of the Supplier.
1.4 "Order" means any order placed for the goods via the ValueOils website;
1.5 "The Contract" refers to the contract under which the Supplier shall supply Goods to you pursuant to, in accordance with and subject to the Supplier conditions;;
1.6 "Point of Delivery" means the time specified in relation to any individual contract;
1.7 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
1.8 Reference to any clause is to a clause of these Conditions of sale;
1.9 "Conditions" means the terms and conditions of sale set out in this document for the purchase of heating oil and green diesel;
1.10 “Selected Suppliers” refers to the fuel supply companies on our systems from time to time whose prices are entered in order to provide quotes to you in respect of the Goods;
1.11 “Supplier” refers to the fuel supply company who enters into a contract with you to supply the goods;
1.12 “Supplier Conditions” refers to the terms on which the SELECTED Supplier will supply the Goods to you as set out in (CONDITIONS)
2 Application of Conditions
2.1 These terms and conditions apply to:
2.1.1 all Orders placed by you for Goods to be supplied by a Supplier; and/or
2.1.2 all services provided by us through or pursuant to ValueOils, including any Orders placed through us by telephone
2.2 by using the services provided by ValueOils you accept these conditions and agreed to abide by them. If you do not agree to these conditions, then you must not use ValueOils or seek to enter into a contract pursuant to it
2.3 any concerns in regards to the Goods being provided must be raised before accepting any quotes from ValueOils.
2.4 In order to remain within safety and statutory requirements, we or a Supplier may make small modifications to the specification of Goods
3 Service and Process
3.1 ValueOils does not operate as a fuel distribution company. We do not provide the Goods. We provide a service, to facilitate the sale of Goods from the relevant Supplier. This service includes the following process:
3.1.1 Searching our data base and providing the best quote to you from a selected Supplier on the basis of your address and the requirements you state on your order
3.1.2 If you wish to make a purchase based on the quote provided, we provide a method for accepting this order, via either an online order or a call to our sales team, on behalf of our selected Suppliers
3.1.3 As indicated by making an order, you shall be making an offer for the purchase of Goods, which will then be subject our acceptance on behalf of the Supplier
3.1.4 Until such a time as a contract has been created between you and the relevant Supplier, including the delivery of Goods, ValueOils shall hold payments made by you;
3.1.5 If you order is accepted by the Supplier you will receive an email confirmation. This will also state the price, the delivery deadline date and the name and contact details of that Supplier;
3.1.6 A contract has been formed between you and the Supplier;
3.1.7 The details you have included except for your payment information will be referred on to the relevant Supplier.
3.1.8 ValueOils reserves the right to change/transfer the contract to an alternative Supplier at any time
3.1.9 Prior to the Suppliers beginning their delivery, you have the right to cancel a contract but must request cancellation in writing / e-mail
3.2 ValueOils.ie reserve the right to charge you a reasonable administration fee & card processing fee to cover the costs of cancellation incurred by card processing companies for this service.
3.3 By entering into a contract with the Supplier through ValueOils, you acknowledge that
3.3.1 ValueOils is not acting as an agent for you, but an agent for the Supplier in forming this contract.
3.3.2 ValueOils is not liable for any issues relating to the Goods. These issues include but are not limited to, the delivery, the quality the safety, the accuracy and/or the quality of these goods. All of these issues are the responsibility of the Supplier, except in the matters which are your responsibility.
3.4 ValueOils maintains the right to deny the process of an order, if the payment cannot be made for whatever reason.
4 YOUR OBLIGATIONS
4.1 When placing an order on the ValueOils website you are responsible to ensure;
4.1.1 You provide all appropriate delivery information, which will be essential for selected Suppliers to carry out the delivery of the Goods;
4.1.2 You take reasonable care to ensure that the Supplier will have a safe access to the delivery location so the delivery may be completed
4.1.3 That the tank and all associated equipment (eg : guages) into which the delivery is to be made, meets statutory requirements and is safe to receive the delivery;
5 Liability
5.1 In the event of any claim the ValueOils liability shall be totally and exclusively limited to the commission received from the Supplier on any contract and in no event shall we be liable for any special consequential or incidental loss or damage to the Buyer (including, but not limited to economic loss, loss of profits or revenue or costs arising from the use of the Goods) whether such liability arises in contract or in tort or otherwise.
5.2 When you purchase Goods of ValueOils, you will be supplied by a selected Supplier. The contract is between you and the Supplier. ValueOils accepts no liability as to the quality, merchantability, fitness for purpose, suitability or other properties of the Goods are expressly excluded. If an issue arises in the course of your contractual period with the Supplier we may, at our discretion attempt to resolve the issue.
5.3 The exclusion of liability does not apply so as to exclude or restrict our liability for:
5.3.1 Death or personal injury resulting from the negligence of the Supplier, its servants or agents; or
5.3.2 fraud or fraudulent misrepresentation
5.3.3 Any matter for which it would be illegal for us to exclude ourselves from liability
5.4 It is your duty to satisfy yourself on the purchase of Goods under the Supplier conditions.
6 General
6.1 ValueOils shall be able to assign a contract without the express permission of the buyer. Nor will it have a contract assigned upon it, by the buyer
6.2 The Buyer shall not use ValueOils or its selected Suppliers, logo or other intellectual property rights in advertising or publicity without their prior written consent.
6.3 Any notice required or permitted to be given by either party to the other under these Condition shall be in writing addressed to that other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
6.4 Nothing in these Conditions confers on any third party any benefit or any right to enforce any of these Conditions except that a person who is the permitted successor to or assignee of the rights of a party is deemed to be a party to the Contract.
7 Force Majeure
ValueOils reserves the right to be allowed to defer its services or obligations, while acting as an agent on behalf of a Supplier in the case of your contract between you and the relevant Supplier, in the event of an act being outside its control. These including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, snowfall, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials
8 Copyright
8.1 Access to and use of this website is subject to the following terms and conditions and all applicable laws which, by accessing and browsing the Site, the user accepts, without limitation or qualification. ValueOils.ie is a trademark of the ValueOils Limited company.
8.2 All of the content featured or displayed on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software is owned by ValueOils.ie ltd.
8.3 No part of this website including the company name & logo may be reproduced without the express prior written permission of the copyright holder, application for which should be made in writing in advance to the copyright holder. By entering the ValueOils.ie website, the user accepts a charge of €5,000 if the website is copied or is used in any way for advertising, screen scraping, canvassing or representation.
9 Data Protection
9.1 We comply with the standards, procedures and requirements laid down by the Data Protection Acts 1988 and 2003 and UK Data Protection Act 1998, to ensure that the personal information you give us is kept secure and processed fairly and lawfully. No personal information is publicly accessible.
10 Law
The Above terms & Conditions are subject to the Laws of Ireland and/or Northern Ireland and all disputes arising out of the contract shall be subject to the exclusive Jurisdiction of the Irish Courts and/or Courts of Northern Ireland.
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SUPPLIER TERMS & CONDITIONS - IMPORTANT :
DEAR CUSTOMER - PLEASE READ CAREFULLY :
The following are the Terms and Conditions upon which the Supplier offers to supply your fuel oil requirement. These are legally binding terms and conditions - please read these carefully and ensure that you understand and agree to them before placing an order.
1 Interpretation
1.1 "The Supplier" means the Supplier of Goods or services as notified to you by its Agent ValueOils.ie
1.2 "The Customer" means you, the (Domestic or Commercial) person or persons, firm or firms, company or companies, authority or authorities who shall order or buy the Goods or Services, or in succession a receiver, administrator, administrative receiver or judicial administrator;
1.3 "The Goods" means the Kerosene or Gas Oil supplied and Invoiced by the Supplier to the Customer in accordance with the terms of any individual contract;
1.4 "The Services" means any services provided and Invoiced by the Supplier in accordance with the terms of any individual contract;
1.5 "Order" means any sales order placed for the goods or the services;
1.6 "The Contract" means the particular individual contract for the sale of goods and/or services between the Supplier and the Customer; which is formed when a Confirmation of Order e-mail is sent to you.
1.7 "Point of Delivery" means the time specified in clause 6 in relation to any individual contract;
1.8 "Conditions" means the terms and conditions of sale set out in this document together with any amendments from time to time made and notified in writing and any special additional terms expressly agreed in writing by the Supplier;
1.9”ValueOils.ie” means the website operated by ValueOils.ie Ltd
1.10 “The Supplier’s Agent” means ValueOil.ie
2 Application of Conditions
2.1 These conditions shall govern the contract to the exclusion of any terms or conditions, which the Customer purports to apply under any purchase order, confirmation of order, specification or other document and the Customer waives any right which it might have to rely on such terms or conditions;
2.2 No variation to these conditions or any representation about the goods shall have effect unless expressly agreed in writing and signed by a duly authorised representative of the Supplier;
2.3 The Supplier is prepared to receive a Customer’s order via ValueOils.ie web site but will accept no responsibility whatsoever for any error or omission arising therefrom;
2.4 No order placed by the Customer shall be deemed to be accepted by the Supplier until an e-mail acknowledgement of order is issued on behalf of the Supplier by ValueOils.ie
2.5 The Customer shall ensure that any delivery instructions or directions are complete and accurate;
2.6 Supplier quotations provided by its Agent ValueOils.ie are given on the basis that no sales contract will come into existence between the Customer and the Supplier until ValueOils.ie has sent confirmations of the sales order to the Customer and Supplier by e-mail.
2.7 The health, safety and security of employees, partners, customers and the general public and the protection of the environment are of paramount importance to the Supplier in any considerations regarding a Sales Order or Delivery thereof.
3 Prices
3.1 Unless otherwise agreed in writing by the Supplier, the price of the goods shall be the price quoted and on any confirmation of order e-mail provided by ValueOils.ie on behalf of the Supplier;
3.2 Save as expressly stated otherwise by the Supplier in writing, prices quoted for goods and services are Inclusive of VAT, which shall be due at the date ruling on the date of the Supplier's invoice
3.3 Prices indicated on the Supplier's quotations provided via ValueOils.ie e-mail shall not be binding on the Supplier until a Sales order is confirmed on behalf of the Supplier on the ValueOils.ie website and an e-mail confirmation has been sent.
3.4 In addition to the price of goods or services quoted, other charges may be imposed by the Supplier at the Supplier's discretion; (ref: clauses: 3.6,3.7,6.9, 6.11,7.5, but not limited to)
3.5 The Supplier reserves the right at any time to vary the price quoted for any of the goods or services. Prices in the market fluctuate on a daily basis and can be subject to change several times per day. The Customer agrees to pay the Supplier the price they are quoted at the point of Order Confirmation regardless of price variations between the time of order and time of delivery.(subject to clause 3.6)
3.6 If the delivered quantity is less than the original quantity ordered, due to the Customer’s tank reaching the maximum safe level, then the Supplier has the right to make an amendment to the order price per litre and the total price paid by the Customer, as per the Pro-rata price per litre selling schedule of the Supplier ruling at that time for the delivered quantity.
3.7 The Supplier reserves the right to make a one-off "short Delivery / returns to depot" charge of up to €50 in the event that the quantity delivered is less than 50% of the quantity ordered.
4 Title
4.1 Until the Customer has paid in full for the goods including all VAT and delivery charges, the goods remain the sole and absolute property of the Supplier as legal and equitable owner;
4.2 In the event of delivery of the goods prior to the passing of the title in them, the Customer shall be in possession of the goods solely as Bailee for the Supplier until such time as the title in them has passed pursuant to clause 4.
4.3 The Customer shall insure to their full value and goods wherein the risk but not the title has passed to it and shall indemnify the Supplier for loss, damage to or destruction of any such goods and shall hold any insurance monies payable in respect of the goods in trust for the Supplier;
4.4 Until title to the Goods shall pass pursuant to clause 4.1;
4.4.1 The Customer shall, at no cost to the Supplier, store and label the goods in such a manner that they shall at all times remain separate from other goods in the Customers possession and be readily identifiable as the Supplier's goods.
4.4.2 The Customer shall be bound at the request of the Supplier to deliver up the Goods to the Supplier and for such purpose the Supplier may at any time (and whether or not the Customer shall be in default in making payment under contract) in its absolute discretion recover from the Customer those goods being in the Customer's possession and for the purpose of such recovery, the Supplier's servants and agents may enter upon the land or building upon or in which the Goods are situated;
4.5 Notwithstanding any purported appropriation by the Customer to the contrary, the Supplier shall be entitled to appropriate payment or payments for goods made by the Customer to the Supplier to such Goods on account as it shall deem fit.
4.5.1 The provision of this Clause 4 shall apply not withstanding that the Goods shall have been added to or incorporated in any goods and that the process by which they have been added to or incorporated in the Customer's goods is reversible.
4.5.2 The provisions of this Clause 4 shall apply notwithstanding that the Goods shall have been added to or incorporated in the goods of any third party, provided that the Goods remain identifiable as discrete goods and that the process by which they have been added to or incorporated in the third party's goods is reversible.
4.6 In the event that the Supplier exercises its right of ownership so as to recover possession of the Goods or any part of them, the risk in the Goods retaken shall revert to the Supplier on possession being retaken by the Supplier, its servants or agents and the Supplier shall have full and unencumbered right to dispose of the goods free of any rights whatsoever on the part of the Customer to the Goods or the proceeds of the sale thereof.
4.7 If in breach of 4.4.1 the Customer commingles goods purchased from the Supplier for which payment has not been made, with identical goods of the Supplier, Customer or third party whether paid for or not, the Supplier it's servants and agents shall be at liberty, in the event that the said goods have not been paid for under the payment terms contained herein, to enter upon the land or buildings in which the goods are situated and recover possession of the goods from the identical commingled goods on a pro-rata basis without distinction as to pay or unpaid goods or ownership.
4.8 The Customer shall not be at liberty without the permission of the Supplier in writing to create or allow to be created any charge, lien or debenture over the goods until they have been paid for in full. If the Customer breaches this condition and the Customer is a limited company then such an act will constitute acceptance by the directors of the Customer that they jointly and severally accept personal liability for payment of the goods in full.
4.9 It is expressly stated that title to the goods will not pass to a receiver, administrator, administrative receiver or judicial administrator on their appointment without the written permission of the Supplier.
4.10 If the Supplier inadvertently delivers a greater quantity to the Supplier's tank than the quantity that was ordered, the Customer will accept the Trading Standards approved meter printed delivery documentation as proof of the Quantity delivered and the Customer will permit the Supplier to recover the excess goods within 14 working days.
5 Payment
5.1 Payment from the Customer to the Supplier for all goods shall be made exclusively by the use of Credit/ Debit card through the Supplier’s agent ValueOils.ie Website. Credit cards surcharges apply at the rate displayed on the website payment page and may be subject to variation. If the Customer incorrectly selects "debit Card" payment type, then the Supplier’s agent ValueOils.ie reserves the right to apply the correct surcharge retrospectively on the Customers "Credit card."
5.2 Credit cards surcharges will not be reduced or refunded in the event that a lesser amount is delivered than that originally ordered.
5.3 All payment details must be completed in advance of delivery, at the time of the order being placed. Upon placement of an order the Customer’s payment for the amount ordered will be “authorized” (held) by the Supplier’s Agent, ValueOils.ie.
5.4 Upon actual delivery of fuel oil by the Supplier, the delivered quantity is confirmed and the final calculated value will be debited from the customers’ card at the pro-rata quantity value for the fuel. This process will happen after delivery and final payment will be confirmed by e-mail to the Customer by the Supplier’s agent ValueOils.ie and the Supplier will, if requested issue a copy Vat Invoice to the customer.
5.4.1 The bank authorisation obtained by the Supplier’s agent ValueOils.ie at time of order confirmation remains valid for up to 30 days. Payment will be taken in full from the Customers card shortly after delivery confirmation.
5.5 Notwithstanding the provisions of clauses 5.2 and 5.3 the Supplier reserves the right to require payment in full for the Goods and/or Services on or before the point of delivery.
5.6 In the event of any delay in payment beyond the date payment is due, the Customer shall pay the Supplier interest on a daily basis at the rate of 5% over and above the base lending rate of Danske Bank Limited from time to time for the period that the payment is overdue or at the rate of 2.5% per month, whichever is higher, Interest shall accrue at such rate both before and after Judgment until payment in full.
5.7 The Customer shall make no deduction from the Supplier’s invoice price of the Goods and/or Services on account of any set-offs or claims.
5.8. The Supplier or its Agent will not be held liable for any bank or financial institution charges incurred by the Customer as a result of credit/debit card usage in placing or attempting to place any order for goods or services with the Supplier. (This includes overdraft, overdrawn or any other authorised or unauthorised charges.)
5.9 The Supplier shall be entitled to a general lien on all goods of the Customer in the Supplier's possession (including goods of the Customers which have been paid for) for the unpaid price of all Goods and/or Services sold to the Customer by the Supplier under this or any other contract.
5.10 The Supplier or it’s Agent shall be entitled to impose a charge if the Customer'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.
5.11 The Customer agrees that Account balances accumulated through the Supplier's Agent’s website "Pre-Payments Scheme" shall be offset against future Fuel Oil orders only. In the event that the Customer requires a full or partial refund of any credit balance, the Supplier’s Agent will apply an administration fee of €15 + Vat (€18inc.vat) for each refund transaction. Refunds will be made by Bank Transfer within 5 banking days from the date which the Supplier’s Agent receives the Customer's request for a refund.
5.12 The Customer agrees and authorises that the first payment under the Supplier’s Agents Pre-payment Scheme will be debited on the date that the Pre-payment is initiated.
6 Delivery
6.1 Delivery of the Goods shall take place by the Supplier delivering or arranging delivery of the Goods to the Customer's premises. The Supplier will take all reasonable steps to ensure delivery deadlines are met subject to weather conditions and other safety factors in a professional, efficient and courteous manner.
6.2 If delivery is to be effected by the Supplier delivering the goods to the Customer's premises, the delivery shall be made by the Supplier's on-road tanker. The Customer shall provide and promptly indicate to the Supplier's driver a sound, proper and safe route for the passage and manoeuvring of the Supplier's vehicle between the public roadway and the actual point of unloading. The Customer hereby indemnifies the Supplier and the Supplier's driver against any damages, losses, proceedings, claims, costs or expenses whatsoever including any damage to the surface or structure of the route from any failure by the Customer to provide a sound, proper and safe route as aforesaid.
6.3 The Customer shall, prior to the Supplier's vehicle leaving the Supplier's premises, accurately indicate the place of delivery and shall provide appropriate and adequate storage and handling facilities so as to enable the full quantity of the Goods ordered to be delivered by the Supplier's vehicle at the Customer's premises. The Customer shall indemnify the goods to be delivered safely and promptly into storage upon arrival of the Supplier for any costs, losses or expenses suffered or incurred or paid by the Supplier as a result of the breach of this condition.
6.4 Any deadline date or time specified by the Supplier for delivery of the Goods is an estimate only and date or time for delivery shall not be made "of the essence" by notice. However, if the Supplier fails to deliver within 4 hours of the specified latest date and time for delivery, a refund of any non-standard, premium / express charges paid at point of order, may be made to the Customer. Thereafter, delivery will be within a reasonable time and can arrive at any time from order is placed up to the orders new delivery deadline as notified by the Supplier to the Customer.
6.5 Subject to the other provisions of these Conditions, the Supplier shall not be liable for any loss (including loss of profit), costs, damages, charges (including plumber or heating engineer costs) or expenses (including cost of emergency oil drums) caused directly or indirectly by any delay in the delivery of the Goods nor will any delay entitle the Customer to terminate or rescind the Contract.
6.6 Deliveries will normally only be made by the Supplier to a Customer within the Supplier’s working hours (9 am to 5 pm) and during the Supplier’s working days (Monday to Friday), although the Supplier reserves the right to deliver outside of these times at their discretion.
6.7 Deliveries in Bulk. The Supplier does not accept responsibility for the dipping, checking or testing of the Customers’ tanks. This together with the obligation to see that the truck operator couples up with the correct feed on the Customers tanks rest entirely upon the Customers. The Customers shall also be responsible for ensuring that the storage into which the delivery is to be made will accommodate the full quantity ordered and that the tank is clearly labelled and marked with the content product details.
6.8 The Supplier’s measurements of quantity shall be accepted by the Customer, and the Supplier’s Trading Standards approved and sealed meter reading equipment shall be conclusive and binding upon both parties.
6.9 Any deliveries that cannot be made due to inaccessible premises through absence of the Customer at the Delivery Point shall incur a “No Access” charge of €25+ Vat, made directly to the Supplier or its Agent ValueOils.ie via Debit/credit card.
6.10 Deliveries effected within 4 hours of the Suppliers stated latest delivery time will be accepted as the delivery having been completed on time. This applies to Standard and non-Standard delivery commitments. The same commitment applies to standard deliveries except where due to weather or business conditions the drivers are working later than normal business hours in which case the guaranteed delivery is subject to change.
6.11 If a split delivery is requested at the time of ordering by the Customer, this will be considered but not guaranteed by the Supplier. In such event, the Customer agrees to pay a split delivery charge of no more than €50 to cover additional costs incurred by the Supplier. This charge will be agreed between the Supplier and the Customer before delivery.
6.12 In the event that the Customer provides the Supplier with an incorrect or inaccurate delivery address or instructions, the Supplier and its Agent ValueOils.ie will accept no liability for loss or recovery of goods.
7 Non Delivery
7.1 The quantity of any consignment of Goods as recorded by the Supplier’s Trading standards approved measurement shall be conclusive evidence of the quantity received by the Customer on delivery unless they can provide conclusive evidence proving the contrary.
7.2 The Supplier shall not be liable for any discrepancy or non-delivery of Goods unless written notice is given to the Supplier within 3 working days of delivery.
7.3 Any liability of the Supplier for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note to the Customer at the pro rata contract rate against any invoice raised for such Goods by the Supplier.
7.4 If a Return of Goods or Refund is agreed between the Customer and Supplier, then the Customer’s credit or debit card will be amended by the Supplier or its Agent within three working days.
7.5 In the event that the Supplier has attempted to make delivery of the goods within the specified delivery time (given with the order at point of sale or thereafter) and the Supplier has not been able to make delivery due to reasons which are the responsibility of the Customer (i.e. not leaving access for the delivery to take place), the Supplier has then honoured their commitment to try and deliver the goods. If for any reason the Customer subsequently cancels their order of the goods after delivery has been attempted but has not been completed, a €25+Vat fee will be charged to the Customer in respect of the Suppliers costs. If the Supplier has attempted delivery of the goods more than once and the order is cancelled €25+Vat will be charged for the first call out and €25+Vat per call out thereafter will be charged to the Customers credit/Debit card if delivery is cancelled.
8 Suitability of Storage and Offloading facilities
8.1 The Supplier 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 Customer are inadequate, unsuitable or unsafe for health, safety or environmental reasons. All reasonable costs incurred by the Supplier in attempting to make delivery shall be for the account of the Customer. Where any of the Goods are delivered by the Supplier such delivery shall in no way constitute a commitment or representation by the Supplier as to the suitability or safety of the Customer's storage or offloading facilities so that the Supplier shall be under no liability in respect of the storage or offloading facilities used by the Customer. The Customer is expected to satisfy himself as to the suitability of storage and offloading facilities provided and the Supplier will accept no claims in respect of damage or loss to the Customer as a result of inadequate, unsuitable or unsafe storage or offloading facilities. The Customer is expected to acquaint himself fully and observe all statutory provisions relating to the safety, supply and storage of Fuel Oil and flammable materials.
8.2 Where goods are delivered by the Supplier to the Customer on any occasion, this does not represent a future commitment as to the suitability or safety of storage or approach to the Customer's facilities.
9 Force Majeure
The Supplier reserves the right to defer the date of delivery or to cancel the Contract or to reduce the volume of the Goods ordered by the Customer (without Liability to the Customer). If the Supplier is prevented from or delayed in the carrying on of its business due to circumstance beyond the reasonable control of the Supplier including, without limitation, seasonal temporary stock shortage, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, snowfall, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials
10 Liability
10.1 All terms, condition, warranties, statements or representations whatsoever, whether express or implied, statutory or otherwise and all obligations and liabilities whatsoever of the Supplier (save as provided in clause 10.2 and 10.4) relating to the quality, merchantability, fitness for purpose, suitability or other properties of the Goods are hereby expressly excluded.
10.2 In the event of any claim the Supplier's liability shall be totally and exclusively limited to the replacement of the Goods or, at the option of the Supplier, to the refund of any purchase price received in respect thereof, and in no event shall the Supplier be liable for any special consequential or incidental loss or damage to the Customer under any contract of these Condition of Sale connected in any way with the Goods or any use of them by the Customer or any third party or the Service (including, but not limited to economic loss, loss of profits or revenue or costs arising from the use of the Goods) whether such liability arises in contract or in tort (including by reason of any negligence of the Supplier) or otherwise.
10.3 Notwithstanding the foregoing, the Supplier shall be under no liability whatsoever to the Customer after the point of delivery.
10.4 The exclusion of liability referred to in this Clause 10 does not apply so as to exclude or restrict the Supplier's liability for: -
10.4.1 Death or personal injury resulting from the negligence of the Supplier, its servants or agents; or
10.4.2 Breach of the Supplier's implied undertaking as to title to Goods contained in Section 12 Sale of Goods Act 1979.
11 Variation of Price
11.1 The Supplier reserves the right at any time to vary the price of any of the Goods or the Services Quoted on its Agent’s website.
11.2 Sundry service levels charges are subject to change at any time, however, such changes will have no impact on existing orders.
11.3 An additional charge is applicable to the non-standard Delivery options. This charge is subject to change. However, any changes made will have no impact on pending and existing orders.
11.4 An additional charge is applicable for providing a boiler bleed service at time of delivery in areas where the Supplier offers such service. For customers, we may provide a call out service specifically to Bleed your boiler at the applicable charge for which payment will be authorised from your Credit or Debit Card. In the event that the Supplier unsuccessfully attempts to bleed a boiler due to the equipment being broken down or lack of oil pressure due to the level of oil in the fuel line, the charge will still be applied. The Supplier’s allocated maximum amount of time allocated for the boiler bleed procedure is 30 minutes.
11.6 The Supplier reserves the right to charge a "returns to depot" fee of up to €50.00 where the quantity delivered to the delivery address is less than 50% of the quantity ordered through no fault of the Supplier.
12 Returns
The Supplier will be under no obligation to accept Goods for return. Goods accepted for return will be credited at cost less 30% handling charge.
13 Claims
The Customer shall inspect the Goods as soon as is practicable after the point of delivery and shall give to the Supplier within three (3) days of delivery notice of any claim for any shortages or damage, failing which the Goods shall be conclusively presumed to have been received and accepted by the Customer.
14 Cancellation
14.1 The Supplier shall be entitled without liability to the Customer whatsoever to withhold or suspend delivery of the goods or performance for the Service or any part thereof if the Customer's accounts with the Supplier are outstanding to an extent which the Supplier considers unreasonable or if the Supplier considers that the Customer will fail to make payment or will fail to perform any other obligation undertaken by it in terms of the contract.
14.2 No variation or cancellation of an order shall be accepted unless written or e-mail notice of such variation or cancellation is received at the Supplier's premises, before the Goods have been loaded on to the Supplier's vehicle, and the Customer agrees that a cancellation fee of €25 shall be charged to the Customer's Debit / Credit card irrespective of the notice of any cancellation given to the Supplier.
14.3 The Customer indemnifies the Supplier against all costs, losses or expenses suffered or incurred or paid by the Supplier as a result of any such cancellation or variation received after the Goods have been loaded and agrees that the cancellation fee of €50 be charged to the Customer’s Debit/Credit card.
14.4 Upon cancellation, the Supplier’s agent will make void the Bank Authorisation code on the secured payment (nett of any cancellation charge) and the funds will be returned to the Customers bank account within 5-10 banking days. This is an automated Bank Clearing process over which the Supplier has no control.
15 Fire / Safety Precautions
The Customer shall strictly observe all of the conditions of the Customer's Petroleum Storage Licence (if any) and will not, in any circumstances 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 Goods is being made or vent pipe connected to such tank and the Customer indemnifies the Supplier against all damages, losses, claims, proceedings, costs or expenses whatsoever suffered or incurred or paid by the Supplier as a result of, or arising from any breach of this condition howsoever caused.
16 Warranty
16.1 The Supplier warrants (subject to the other provisions of these Conditions) that upon delivery the goods will comply with the Supplier's specification for the Goods.
16.2 The Supplier shall not be liable for a breach of the Warranty in condition 16.1 unless:
16.2.1 The Customer gives written notice of any defect to the Supplier within 3 working days of delivery; and
16.2.2 The Supplier is given a reasonable opportunity of examining the Goods and the Customer (if asked to do so by the Supplier) returned the goods to the Supplier's place of business at the Customer's expense for the examination to take place there.
16.3 The Supplier shall not be liable for a breach of the warranty in condition 17.1 if;
16.3.1 The Customer makes any further use of the Goods or part of the goods after giving notice of any defect; or
16.3.2 The defect arises because the Customer failed to follow the Supplier's instruction as to the storage or use of the Goods; or
16.3.3 The Customer alters the Goods without the written consent of the Supplier.
16.4 Subject to conditions 16.2 and 16.3, if any of the Goods do not conform with the warranty in condition 16.1 the Supplier shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata contract rate and shall have no further liability for breach of the warranty in condition 16.1 in respect of such Goods, If the Supplier so requests, the Customer shall, at the Customer's expense, return the Goods or the parts of such Goods which are defective to the Supplier.
17 Imitation of Liability
17.1 Subject to condition 16, the following provisions set out the entire liability of the Supplier (including any for the act or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
17.1.1 Any breach of these conditions; and
17.1.2. Any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract.
17.2 All warranties, condition and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
17.3 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
THE CUSTOMER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 17.4.
17.4 Subject to conditions 17.2 and 17.3:
17.4.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty). Misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price of the goods.
17.4.2 The Supplier shall not be liable to the Customer for loss of profit, goodwill or business opportunity or production downtime or any type of indirect or consequential loss or damage, costs, expenses, banking charges / bank fees or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the contract.
18 Law
This contract is subject to the Laws of the United Kingdom and all disputes arising out of the contract shall be subject to the exclusive Jurisdiction of the Courts of the country in which delivery was effected.
19 General
19.1 The Customer shall not assign the Contract or any part of it without the prior written consent of the Supplier.
19.2 The Supplier shall be entitled to assign the Contract or any part of it to any person, firm or company.
19.3 The Customer shall not use the Supplier's name, logo or other intellectual property rights in advertising or publicity without the Supplier's prior written consent.
19.4 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal invalid, void, void able, unenforceability or unreasonableness be deemed sever able and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
19.5 Failure or delay by the Supplier in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
19.6 Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
19.7 Any notice required or permitted to be given by either party to the other under these Condition shall be in writing addressed to that other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
19.8 Nothing in these Conditions confers on any third party any benefit or any right to enforce any of these Conditions except that a person who is the permitted successor to or assignee of the rights of a party is deemed to be a party to the Contract.
20 Copyright / Brand Identity
20.1 Access to and use of ValueOils.ie website is subject to the following terms and conditions and all applicable laws which, by accessing and browsing the Site, the user accepts, without limitation or qualification. ValueOils.ie is a trademark of the ValueOils.ie Limited company.
20.2 All of the content featured or displayed on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software is owned by ValueOils.ie ltd.
20.3 No part of this website including the company name & logo may be reproduced without the express prior written permission of the copyright holder, application for which should be made in writing in advance to the copyright holder. By entering the ValueOils.ie website, the user accepts a charge of €5,000 if the website is copied or is used in any way for advertising, screen-scraping, canvassing or representation.
21 Data Protection
21.1We comply with the standards, procedures and requirements laid down by the Data Protection Acts 1988 and 2003 and the UK Data Protection Act 1998, to ensure that the personal information you give us is kept secure and processed fairly and lawfully. No personal information is publicly accessible.