Terms and conditions

GENERAL CONDITIONS OF SALE AND PROVISION OF SERVICE

Price:

The price to be charged and paid for any product shall be the appropriate wholesale price for bulk or packaged supplies thereof ruling on the day of delivery or collection or such other price as may be agreed at the time of the order being placed.

Payment:

Payment shall be received within 30 days following the invoice date, except for those Buyers who have signed a Direct Debit, unless otherwise agreed in writing. Any credit given by Optimum may be terminated at any time without notice. Optimum reserves the right to charge interest on any sum not received on due date. Interest rate on overdue account will be the base rate multiplied by 1.5 and at the discretion of the company. Title in the Products shall remain in Optimum until payment in full has been received by Optimum. Where credit facilities are not granted customers have the option to pay by credit card. Financial information is securely destroyed and not stored.

Delivery:

The Buyer shall be responsible for ensuring that access to and the storage into which the delivery is to be made is safe and adequate in all respects to receive the full quantity ordered. The buyer is at liberty to be represented at the time of delivery. Optimum shall be entitled to deliver less than the quantity ordered where in Optimum’s judgement operational constraints so require. If Buyer collects the Product Optimum shall be entitled to refuse access to any collection vehicle which does not comply with Optimum’s operational standards or safety policy. Buyer shall accept Optimum’s measurement of quantities delivered and the method thereof.

Petroleum Products:

Optimum does not accept responsibility for the dipping, checking or testing of Buyers tanks nor for taking any samples required by Buyer prior to delivery. This, together with the obligation to see that the Driver couples up with the correct feed on Buyers tanks, rests entirely on the Buyer.

Risk:

Risk in products delivered in bulk shall pass to the Buyer at the moment when they enter the Buyer’s receiving equipment or storage and on all other sales on transfer of possession of the products to the Buyer.

Warranty:

a) Optimum undertakes to replace at its own expense any products which on delivery differ materially in quality or description from the products invoiced.

b) Any express or implied condition, statement, representation or warranty, statutory or otherwise, with respect to any matter other than the title and compliance with specification is hereby excluded so far as lawfully permitted. In particular (but without limiting the generality of foregoing), it shall be solely for Buyer to determine whether products are fit and suitable for any particular purpose for which they are to be used (whether or not made known to Optimum, its servants or agents) and Optimum shall be under no liability whatsoever or howsoever arising where products used are not in conformity with recommendations by manufacturers of vehicles, plant, equipment and machinery in or in connection with which they are used.

c) Optimum shall not be liable in respect of injury, loss or damage of any kind and howsoever arising except to the extent that the same shall arise directly from the negligence of Optimum or its employees. In no event shall Optimum be liable for indirect or consequential loss or damage.

Resale:

Where the Buyer is a commercial customer all petroleum products supplied by Optimum are sold to the Buyer exclusively for the Buyer’s own use as a commercial consumer and must not be resold or disposed of to any other person or firm without Optimum’s prior written approval.

Breach:

Optimum shall be at liberty to stop further collections or deliveries under accepted or partially completed orders if the Buyer fails to adhere to any of these conditions.

Duty Rebated Products:

Any duty-rebated products supplied shall only be used by the Buyer in strict accordance with current relevant Customs and Excise Regulations. The rate of duty or taxation payable shall be that applicable at the time of delivery or collection.

Container Deposits:

Deposits charged on packages supplied shall be refunded on return of the packages to Optimum provided they are received in good condition.

Force Majeure:

The complete or substantial inability of Optimum at any time for reasons beyond its reasonable control to supply products to the Buyer whether or not such products were ordered prior to the commencement of such inability shall not give rise to a claim by the Buyer against Optimum.

Material Safety Data Sheets:

Buyer shall ensure that its employees, agents and any subsequent purchasers of the Products are provided with the information contained in Optimum’s relevant material Safety Data Sheets and shall indemnify Optimum against claims arising against Optimum as a result of a breach of this clause.

Variations:

No variation, modification or addition to these Conditions shall be effective unless in writing.

Conflict of Interest:

Neither party nor any director, employees or agent of either party shall give or receive any commission, free, rebate, gift or entertainment of significant cost or value in connection herewith or enter into any business arrangement with the other party or with any director, employee or agent of the other party or any affiliate other than as a representative of such party or its affiliate, without prior written notification thereof to that party. Any representative(s) authorised by either party may audit any and all records of the other party for the sole purpose of determining whether there has been compliance with this clause.