Conditions of Sale
- Irrespective of the date of order all products supplied are chargeable at the price ruling on the day of deliver.
- The buyer is responsible for providing safe and suitable bulk storage and associated filling and ancillary equipment which complies in all respects with all relevant requirements and/or regulations made by the competent authority and for ensuring that it will take the full quantity ordered. The buyer shall also indemnify the seller against any damages, injuries, claims, expenses or costs which may arise as a result of the buyer not observing these conditions.
- the seller will affect delivery by a connecting hose laid through the premises of the buyer on the understanding that the buyer thereby indemnifies the seller against any loss or damage to the premises or its contents as a result of spillage or rupture or the hose.
- It is a condition of every bulk sale through hose that the quantity shown by the sellers tank wagon dip rod or other measuring devices employed by the seller shall be accepted by the buyer as the quantity delivered, but the buyer may be represented at the taking of these measurements to verify them if he/she so desires. The the seller cannot accept any responsibility whatever for discrepancies in the buyers tank, dip rods or other measuring devices. if on delivery the buyer or any representative of the buyer, whether or not for the purpose of verifying the seller’s measurements of quantity for that delivery, mounts any tank wagon used on that delivery the buyer or his representative (as the case may be) shall do so at his own risk and the seller accepts no responsibility whatsoever therefor.
- The seller shall not accept liability for any change in the quality of the product after delivery has been effected arising from unsuitability of the buyers storage/handling facilities
- Kerosene: The oil is for the buyer’s own use and not for resale and the buyer undertakes that the oil will not be used as fuel in mechanically propelled vehicle constructed or adapted for use on roads. In the case of kerosene the following applies: This oil is marked kerosene delivered on rebate of duty and must not be used for combustion in the engine of a motor vehicle or kept in the fuel tank of such vehicle.
- Prices are inclusive of customs/excise duty (if any) at the appropriate rate and any variation of duty at any time is for the buyers account.
- Value added tax which is shown separately on the sellers invoices is an addition to the sellers price of the goods.
- Upon delivery of the products the risk shall pass to the buyer who shall be responsible thereafter for any loss in or damage to the product. Notwithstanding this the property in the products shall not pass to the buyer until all outstanding sums due by the buyer to the seller have been paid. In the interim the buyer shall hold the products and the proceeds of sale of the products in trust for the seller. If the buyer fails to make payment of sums due, the seller may without further notices enter upon the buyer’s premises and remove forthwith the products delivered, and in respect of which the buyer has failed to make payment.
- If payment is not made within 14 days of being due the buyer shall pay to the seller interest on the outstanding sums at the rate of 2.5% per month until payment of all sums due is received by the seller.
- Deliveries to ships in respects of which value added tax is shown on the seller’s invoice at the zero rate are supplied on the basis of a declaration from the buyer or his/her agents that the ship is going to a place outside the state. In other cases where value added tax is not shown or is shown at zero rate, the product must not be used for a purpose which renders it liable to value added tax at any other rate.
- The buyer hereby agrees with the seller strictly to observe all the conditions of the buyer’s petroleum storage license and not allow any smoking or naked lights nor permit any stoves, electric or gas fires or radiators or any other naked flame to function in proximity to a tank or inlet pipe into which a deliver is being made or a vent pipe connected to such tank and will indemnify the seller against any damages, injuries, claims or costs arising out of the breach of this condition.
- Gas/Diesel Oil : McGonagle Winter Grade Gas/Diesel Oil is manufactured to a cold filter plugging point of minus 12 degrees Celsius and a maximum cloud point of 0 degrees Celsius and as such is suitable for use in normal winter conditions in Ireland provided it is not mixed with any oil not meeting the same specifications. Buyers should take precautions to protect the equipment in which the oil is stored and used against severe weather conditions, which precautions, without limiting the generality of the foregoing should include keeping the equipment/piping in good conditions.
- The seller’s other usual terms and conditions of sale also apply and acceptance of goods will be treated as an acceptance of the seller’s conditions.
- Gas and Fuel Oils : the oil for the buyer’s own use and not for resale and the buyer undertakes that the oil will not be used as fuel in mechanically propelled vehicle constructed or adapted for use on roads, in the case of Gas Oil the following applies: The oil is marked gas oil, delivered on rebate of duty and must not be used for combustion in the engine of a motor vehicle or kept in the fuel tank if such vehicle.
- Diesel Fuel for Road Vehicles to Commercial Consumers : Diesel fuel for road vehicles is sold exclusively for the buyers own use in the buyers own commercially licensed vehicles hired or worked by the buyer in the course of the buyer’s business and the buyer undertakes not to sell or dispose of any of it to any other company, firm or person.