These conditions do not apply to sales insofar as they would otherwise be void or ineffective by reason of the Unfair Contract Terms Act 1977. The statutory rights of consumers are preserved throughout

1. Introduction and Acceptance of Conditions
Subject to the above statement these conditions shall govern all contracts entered into by the Seller for the sale or supply of petroleum products and oils (hereinafter called the products). Acceptance of the products will be treated as acceptance of these conditions to the exclusion of all other terms conditions and warranties whatsoever which the Buyer or any other person may seek to impose in any order placed with the Seller whatsoever except insofar as the same are referred to herein or are contained in a separate contract in writing between the Buyer and the Seller which applies to the products supplied against invoice/delivery notes.

2. Prices
Products are supplied against the invoice/delivery note at prices ruling at the date of delivery together with VAT therein (if applicable) at the rate ruling at the date of delivery irrespective of the date of the Buyers order or any confirmation of order by the Seller All quotations given by the Seller (unless otherwise agreed in writing) are subject to withdrawal and alteration without notice and do not constitute an offer to supply products.

3. Storage Facilities
The Buyer shall prior to the Sellers vehicle leaving the Sellers depot indicate accurately the place of delivery and shall provide appropriate and adequate storage and handling facilities so as to enable the full quantity of products ordered to be delivered safely and promptly into storage upon arrival of the Sellers vehicle at the Buyers premises. The Buyer indemnifies the Seller for any costs losses or expenses whatsoever suffered by the Seller as a result of breach of this clause.

4. Delivery
Delivery of the products will be made by the Sellers road tank wagon. The Buyer shall provide and promptly indicate to the Sellers driver a sound proper and safe route for the passage and manoeuvring of the Sellers vehicle between the public roadway and the actual point of unloading and the Buyer hereby indemnifies the Seller and the Sellers driver against any damages losses proceedings claims costs or expenses whatsoever (including any damage to the surface or structure of the route itself) arising from any failure to provide and indicate a sound proper and safe route as aforesaid.

5. Risk and Property
Risk in the products shall pass to the Buyer at the Buyers permanent coupling with the vehicle discharging hose but in such products shall remain the sole and absolute property of the Seller until the Buyer has paid to the Seller the agreed price thereof in full together with the full price of any other products being the subject of any other contract between the Buyer and the Seller. The Buyer acknowledges that he is in possession of such products solely as bailee and in a fiduciary capacity for the Seller until such time as he agreed price and full price of any other products have been paid in full as aforesaid. The Buyers right to possession of the Sellers products shall cease immediately he commits an available act of bankruptcy or (being a company) does anything or fails to do anything which would entitle a Receiver to take possession of any of the Buyers assets or which would enable any person to present a petition for winding up. The Seller may without notice for the purpose of recovery of its products enter with or without vehicles and equipment upon any premises where its products are stored or where they are reasonably thought to be stored and may repossess the same. Subject to the above, the Buyer is licensed by the Seller to use or sell such products (whereupon the bailment hereby created shall cease) on the express condition that any sale shall take place as agents for the Seller.

6. Measurements
The Sellers measurements of quantity shall be accepted in all cases by the Buyer

7. Cancellation
No cancellation or variation of an order can be accepted unless such cancellation is received at the Sellers depot in time to prevent the products being loaded into the Sellers vehicle. The Buyer indemnifies the Seller against all costs losses or expenses as a result of such cancellation or variation received after the products have been loaded as aforesaid.

8. Force Majeure
The Seller shall not be liable to the Buyer or to any customer of the Buyer for any failure to deliver any of the products if such failure is due to causes beyond the Sellers control.

9. Fire Precautions
The Buyer hereby agrees with the Seller that the Buyer will strictly observe all the conditions of the Buyers 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 products is being made or a vent pipe connected to such tank and the Buyer indemnifies the Seller against all damages losses claims proceedings or expenses whatsoever arising from any breach of this clause howsoever caused.

10. Payment
Unless the Buyer has an approved credit account agreed in writing by the Seller all deliveries of products shall be paid for in cash on delivery.

11. Credit
An approved credit account is an account approved by the Seller up to a credit limit from time to time approved by the Seller and the price of the products delivered must be paid by the 15th day of the month following the month of delivery, or such terms as may be reached by mutual agreement. If payment is not so made or if the Seller in its unfettered discretion so decides, the Seller may reduce the said credit limit or stop all credit. Within seven days of written notice all sums shown to be due to the Seller shall be immediately due and payable. So long as any money owing to the Seller from the Buyer is outstanding in respect of any products sold to the Buyer subject to these Terms and Conditions the legal title to such products not yet used shall remain with the Seller until all such indebtedness has been discharged.

12. Interest on Overdue Accounts
A default interest shall be due of 3% above the official discount rate or, if no such rate exists, above the minimum lending rate of the national bank of the country of the agreed currency.

13. Insolvency
If the Buyer becomes insolvent or (being a Company) makes an arrangement with its creditors or has a receiver or administrator appointed or commences to be wound up (other than for purposes of amalgamation or reconstruction) the Seller may without prejudice to any other of its rights terminate any contract with the Buyer or stop any unexecuted order for products.

14. Notices
Any notice to the Seller shall be given to it at its registered office and any notice to the Buyer shall be sufficiently given if delivered or posted recorded delivery post to the last known address of the Buyer and any such notices posted to such address shall be deemed to have been delivered at the time when it would have been delivered in the normal course of the post.

15. Disputes
Any dispute touching or arising out of or in respect of the Contract or the subject matter thereof shall be referred to two Arbitrators, one to be appointed by each Party whose decision shall be final, in accordance with and subject to the provisions of the Arbitration Act, 1950, or any statutory modification or re-enactment thereof for the time being in force.

September 2007.