Terms of Sale

WILLOWROCK Limited t/a McCormacks Fuels – Conditions Of Sale

These terms and conditions shall form part of all agreements for the supply of goods and services by Willowrock Limited, (herein called “the Seller”) to any other person, (herein called the Customer”)

1. Basis of Sale: The Sale of any Products referred to in any order of the Customer which is accepted by the Seller is subject to those conditions which govern the resulting contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made, by the Customer. Acceptance of any such Products will be deemed acceptance of these conditions. No variation to these Conditions will be binding unless agreed in writing between the authorized representatives of the Customer and the Seller. The Seller may, notwithstanding any other agreement between the Seller and the Customer, refuse to supply any Products to the Customer if the Customer fails in any, way to fully adhere to these Conditions.
2. Order Specifications: The Seller’s measurement of quantity delivered will be accepted by the Customer as conclusive. All packages contain full measure when delivered, but the Seller is not responsible for any shortage (due to volatility or otherwise) after the packages leave its hands.
3. Price of the Products: The price of the Products is the price ruling on the date of delivery of the Products together with any applicable Value Added Tax. Where delivery of any order is made in more than one consignment, the price for each consignment is the price ruling at the date on which such consignment is delivered together with any applicable Value Added Tax.
4. Terms of Payment: The Customer will pay the price for any Product, on delivery, to “Willowrock Ltd” by any payment method directed by the Seller. The Customer will pay interest, at a rate conclusively certified by the Company to be 4% over its cost of funds on any amounts not paid when due.
5. Delivery: Delivery of the Products will be made by the Seller delivering the Products to the Customer’s premises notified to the Seller for the time being of the Customer collecting the Products from the Seller. Delivery of the products may be made by installments in which case each delivery will constitute a separate contract. Failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Customer in respect of any one or more installments will not entitle the Customer to treat the contract as a whole as repudiated. The Seller does not accept responsibility for the dipping, checking or testing of the Customer’s tanks. This, together with the obligation to see that the truck operator couples up with the correct feed on the Customer’s tanks, rests entirely, upon the Customer. The Customer is also responsible for ensuring that the storage into which the delivery is to be made will accommodate the full quantity ordered.
6. RISK: Risk or damage to or loss of the Products passes to the Customer on delivery or, if the Customer fails to take delivery of the time when the Seller has tendered delivery of the Products.
7. Property – Reservation of Title: Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Conditions, the property and title in all Products sold or agreed to be sold by the Seller to the Customer remains vested in the Seller, whether or not the Products have been delivered to the Customer, until the Seller has received payment in full of the price of such Products agreed to be sold by the Seller to the Customer for which payment is then due. However, if the whole or any part of the Products (whether or not after being processed or admixed with other goods or materials) is resold by the Customer and delivered to the Customer’s purchaser before the Seller has received payment therefore, then title to that part of the Products passes to the Customer immediately prior to its delivery to the sub-purchaser. In that event the Customer will receive and hold the proceeds of resale as trustees upon trust to account to the Seller therefore to the extent that any sums are then owing from the Customer to the Seller until title in the Products passes to the Customer, the Customer will store the goods as bailee and in fiduciary capacity for the Seller, will return the Products to the Seller on request and will, while in possession and control of any Products the property of the Seller, keep the Products fully insured and any monies received by the Customer on foot of any insurance policy in respect of damage, deterioration, loss or destruction of the Products will be held in trust for the Seller.
8. Insolvency: If the Customer makes any voluntary arrangement with its creditors or becomes subject to court protection or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or if an encumbrancer take possession, or a receiver is appointed, over any other property or assets of the Customer or if the Customers ceases, or threatens to cease, to carry on business, or if the Seller reasonably apprehends that any of the above to occur in relation to the Customer and notifies the Customer accordingly then, without prejudice to any other right to remedy available to the Seller, the Seller will be entitled to cancel the contract or suspend any further deliveries under the Contract without any liability to the Seller, and if Products have been delivered but not paid for the price will become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
9. Exclusions and Limitations on Liability: Any claim by the Customer in respect of any defect in the quality or condition of the Products or their failure to correspond with specification must (whether or not delivery is refused by the Customer) be notified to the Seller within 7 days from the date of delivery. If delivery is not refused and the Customer does not notify the Seller as aforesaid, the Customer will not be entitled to reject the Products and the Seller will have no liability for such defect or failure, and the Customer will be bound to pay the price as if the Products has been delivered in accordance with the Contract. Where any claim in respect of any defect in the quality or condition of the Products or their failure to meet specification is notified to the Seller within 7 days. The Seller will be entitled to replace the Products (or the part in question) free of charge or, at the Seller’s sole discretion, credit the value of the Products to the Customer’s account and the Seller will have no further liability to the Customer.
10. Compliance with laws and other requirements: The customer will comply with all laws, regulations, administrative and judicial decisions, recommendations of the Seller, and with the terms of all applicable licences relating to the purchase, storage, use and disposal of all Products and all derivatives of Products and will indemnify the Seller against all claims, costs, damages, liabilities and expenses of any nature arising from any failure to fulfill its obligations under this clause due to any cause outside the Seller’s reasonable control.
11. Resale: Industrial and Commercial Customers may not re-sell or otherwise dispose of Products to any other person without the Seller’s prior written consent.
12. Force Majeure: The Seller will not be liable to the Customer for any loss, damages, liability, costs or expenses whatsoever howsoever arising in connection with any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Products, due to any cause beyond the Seller’s reasonable control.
13. Severance: If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder or the provision in question will not be affected thereby.
14. Refunds/returns: Any refunds and/or subsequent returns requested by the buyer will be at the discretion of the seller.
15. Cancellation: Any cancellation of orders must be made one hour prior to scheduled delivery. All cancelled sales will be fully refunded.

HYDROCARBON EXCISE DUTY NOTICE HYDROCARBON (HEAVY) OIL REGULATIONS 1989/1991 The hydrocarbon oils, marked gas oils and kerosene specified overleaf, (other than those denoted with asterisk) have been delivered free of excise duty and/or Custom duty or on full or partial rebate of such duty and must not be used for combustion as fuel in the engine of a motor vehicle or be kept in the fuel tank of such vehicle. Any person doing so renders himself/herself liable to proceedings with penalties. The Seller shall not be liable for any incorrect use by the Customer of Gas Oil, under S.I. 155 or 156 legislation. It is the Customer’s responsibility to ensure that the correct grade of Gas Oil is used in accordance with the legislation.