These conditions apply to the sale and delivery of any products (‘the Products') by Powys Petroleum Ltd (‘the Seller') to a purchaser (‘the Buyer'). The Buyer shall ensure that he or she reads and understands these conditions before he submits an order because the Buyer will be bound by the conditions once the order is submitted to the Seller.
The Buyer acknowledges that for orders made on-line through the website www.oil4wales.co.uk, or by telephone or by any other electronic means the transactions made through it are subject to these conditions.
The Seller has the right to revise and amend these conditions from time to time. These conditions do not affect the Buyer's statutory rights under the Sale of Goods Act 1979, the Consumer Protection (Distance Selling) Regulations 2000, the Consumer Protection Act 1987 and any other regulations applicable when the Buyer is acting as a consumer (within the meaning of the Unfair Contract Terms Act 1977).
The Buyer will receive an e-mail from the Seller acknowledging that the Seller has received the Buyer's order. For the avoidance of doubt, this confirmation does not constitute acceptance of the Buyer's order. The Buyer's order constitutes an offer to the Seller to buy a Product. All orders are subject to acceptance by the Seller. There will be no contract between the parties unless and until the Seller actually dispatches the Products to the Buyer. The contract between the parties will only be formed at the time that the goods are dispatched.
The Seller does not keep details of the order so that the Buyer can subsequently access directly on the website. Therefore the Buyer should print out these conditions and the order acknowledgement for their own records.
1.1 The Buyer may obtain a quotation for a specific amount of Product on a given day. The quotation so obtained remains valid until midnight (12.00 pm) of the day of quotation. However if the Buyer requests a new quotation for the same Products before midnight of the day of quotation the later quotation shall replace any early quotation(s) and the price may vary.
1.2 The Seller is under no obligation to provide the Product to the Buyer at the incorrect (lower) price, even after the Seller has dispatched the Product, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by Buyer as a mis-pricing. If the Seller discovers an error in the price of the Products it will inform the Buyer as soon as possible and it will give the Buyer the option of reconfirming the order at the correct price or cancelling it. If the Seller is unable to contact the Buyer, the Seller may treat the order as cancelled.
1.3 The price online, on the phone or by any other electronic means which is given in pence per litre is exclusive of any applicable value added tax (VAT) which will be charged to the Buyer when he places an order with the Seller. Therefore any total amount to be paid by the Buyer for a given order will include VAT and any other charges such as credit card charges.
1.4 The Buyer acknowledges that the use of a credit card for payment of Products will incur a charge which shall be added to the total amount to be paid for by the Buyer. The current charge is 2% plus VAT of the total price for the amount of the Product required.
2.1 Payment is due at the time of purchase and the Products are to be paid for in full and cleared funds before delivery of the Products take place.
2.2 All cards payments made online are operated by a secure server. All the Buyer's details are encrypted for security. The Seller does not store the Buyer's card details, therefore the Seller will ask for them every time an order is placed.
2.3 Because of the higher cost of processing credit card transactions, the Seller charges a fee on all purchases paid for by credit card as set out in Condition 1.4 above. There is no extra payment if Buyer uses a debit card to pay the Product.
3.1. Where the Products are delivered in bulk through hose, the quantity shown by any measuring device the Seller employs shall be accepted by the Buyer in the absence of manifest error. The Seller cannot accept any responsibility whatsoever for discrepancies in any of the Buyer's measuring devices. The Buyer shall be at liberty to verify the Seller's measurement of quantity for the delivery but in the absence of such verification request the Seller shall be entitled to commence delivery and the measurement or quantity ascertained shall be accepted by the Buyer as correct. The Buyer agrees that his acknowledgment of receipt of the Products or the certificate of the Seller's employee, servant, or agent that the agreed amount of Products has been delivered is conclusive evidence of such delivery and any dispute by the Buyer must be notified to the Seller in writing within 48 hours of such delivery.
3.2. The Buyer shall provide safe access for the vehicle of the Seller or its agents between the public highway and the actual delivery point. The Buyer shall indicate to the Seller the correct fill point. The Seller shall not accept responsibility for dipping, checking or testing the Buyer's tanks.
3.3. In the absence of the Buyer or any of his representatives the Seller may, at his discretion, make the delivery. The Buyer's representative must be a person aged 18 years old at least.
3.4 A representative of the Seller (if present) will be required to state the quantity delivered as shown by the Seller's measuring devices. Such quantity will be recorded on the Delivery Ticket left on the premises of the Buyer. Any dispute on the quantity so recorded as being delivered must be notified in writing within 48 hours of the said delivery.
4.1. Products are subject to availability. Where the Products are delivered in bulk through hose, delivery shall be deemed to take place and risk to have passed to the Buyer when such Products pass from the vehicle's permanent hose pipe connection (or, in the case of delivery by road tanker, from any hose pipe of the Seller attached thereto). In all other cases delivery shall be deemed to take place and risk to have passed to the Buyer on transfer of possession of such Products to the Buyer or its agent.
4.2 For domestic Buyers, the Seller shall deliver the Product within a reasonable time in accordance with the consumer's statutory rights.
4.3 Any dates quoted for delivery of the Products online, on the telephone or by any other electronic means are estimates only and they can be subject to change, for instance in period of high demand or in case of force majeure events as defined in condition 6 below. The Seller shall not be liable for any delay in delivery of the Products except where the delay is caused by Seller's failure to comply with these Conditions or by an event beyond the Buyer's control. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Buyer shall accept delivery at any time during normal business hours. A variation in the supply of up to 10% more or less than the order shall be accepted.
Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.
6. Force Majeure
6.1. The Seller shall not be liable to the Buyer or be deemed to be in breach of contract if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which are not within the Seller's immediate control (including but not limited to labour difficulties of any sort, war or hostilities, fire, flood and other acts of God, accidents, breakdown of equipment, road traffic problems, compliance with any order or request of any national, provincial port or any other public authority or any other person purporting to act for such authority, including but not limited to rationing allocation or priority orders or requests and failure of the Seller's existing or contemplated sources of supply and if by any such circumstances the Seller is at any time delayed or hindered in delivering or prevented from delivering the full quantity of the Products to which the invoices relates, the Seller shall be at liberty to withhold, reduce or suspend deliveries to the Buyer to such an extent as the Seller in its absolute discretion may think fit). The Seller shall not in any such circumstances be liable to acquire, by purchase or otherwise, additional products from other suppliers or to compensate the Buyer in the event of the Buyer purchasing alternative products from other suppliers at a higher price.
7. Amendments, Cancellation and refunds
7.1 The Buyer must check that the details in the order are complete and accurate before he commits to the contract. If there is a mistake the Buyer shall inform the Seller immediately.
7.2 At any time before the Products are dispatched by the Seller, the Buyer may amend or cancel an order by providing the Seller written notice or by telephone. In this case the Buyer's liability to the Seller shall be limited to payment to the Seller of all costs reasonably incurred in fulfilling the order until receipt of the amendment or cancellation, except that where the amendment or cancellation results from Seller's failure to comply with these Conditions the Buyer shall have no liability to the Seller for it.
7.3 If the Buyer has already paid for the products, any refunds will be made by the Seller in the same manner as the original payment was made by the Buyer.
7.4 The Buyer cannot cancel an order after the Products have been dispatched by the Seller.
7.5 Except if the Product is defective, the Product that has already been delivered into the Buyer's tank cannot be returned to the Seller. If the Buyer suspects that the Product is defective he shall inform the Seller as soon as possible and no later than 24 hours from the time he knows or ought to know of the alleged defect. The Seller shall examine the Product and the Buyer shall allow the Seller access to his premises to take samples of the Product if necessary. The Seller shall bear any costs related to the uplifting of the defective Products. If the Buyer has already paid for the Products, the Products returned will be refunded in full or replaced. Any refunds will be made by the Seller, at Seller's option, in the same manner as the original payment was made by the Buyer. These Conditions apply to any replacement Products supplied by the Seller.
8.1 If any provision of these Conditions it is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected.
8.2 The Parties each acknowledge that, in entering into a contract, neither of them has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between them prior to such contract except as expressly stated in these Conditions.
8.3 A person who is not party to these Conditions shall not have any rights under or in connection with them under the Contracts (Right of Third Parties) Act 1999. 9.4 The contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.