1.1 What these terms cover. These are the terms and conditions on which we supply products – goods (including oil, gas and others) or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). Provisions specific to businesses only are in italics, all others apply to both.
1.4 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Kelly Oils. Established in Northern Ireland.
Registered Name: Kelly Oils Ltd
Company Registration Number: NI066954
Registered Address: 17A Rhone Road, Dungannon, Co Tyrone. BT71 7EN.
2.2 How to contact us. You can contact us by phoning 028 2076 2266 or by writing to us at firstname.lastname@example.org or our office address above.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 How we will accept your order. If you complete your order online, our acceptance of your order will take place when we email you to accept it. If you make an order by phone, our acceptance may be confirmed on the phone. At the point of acceptance, a contract will come into existence between you and us
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, if we are not satisfied with the information provided, if your payment has not been successfully processed or because we are unable to meet a delivery deadline you have specified.
3.3 We can accept orders from addresses outside Northern Ireland but delivery must be within our delivery zone.
4.1 You will need to open an account with us to order our products online. You will need to provide your name, address, email, contact telephone number and any special delivery arrangements that apply.
4.2 If any problems arise we may require additional information. We may cancel an order if we are not satisfied with the information provided.
DELIVERY OF GOODS AND SERVICES
5.1 Our aim is to deliver products to you by the agreed delivery date given at the time of ordering. If no delivery date is agreed then we will seek to deliver within 5 working days. If we cannot deliver on the date agreed then we will contact you as soon as possible to make alternative arrangements.
5.2 When you place an order by phone we will automatically deliver to the address given on your customer account unless otherwise instructed. When ordering online we will deliver to the address given in the order. If the delivery address you provide us is incorrect and we deliver to the wrong address then we cannot be held liable for any costs or inconvenience that you may incur.
5.3 If your order is not delivered due to an error on our part then we will make your delivery a priority. However we will not accept responsibility for costs/inconvenience incurred as a result.
5.4 We may sometimes deliver in instalments and will invoice each delivery separately. If this occurs you will only be charged one delivery fee. If you have any concerns about your order please do not hesitate to contact us.
5.5 Delivery of oil in bulk will be deemed to have taken place when on discharge it passes the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) that you use for receiving delivery at your address.
5.6 Delivery of other goods (including fuel in barrels, coal, gas and other items) will be deemed to have taken place when the goods are off-loaded from the delivery vehicle or when the goods are collected by you.
5.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time it is delivered (as above).
5.8 When you own goods. You own a product which is goods once we have received payment in full. Ownership remains with us until that time.
5.9 If you default on the payment of monies which are due then we have the right and without notice to enter upon the premises where the products are located and take possession of and remove same.
5.10 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
5.11 If you have ordered fuels to be delivered in bulk and we can safely access your tank (or other vessel for delivery) then you do not need to be present for delivery. However if no access is available then it is your responsibility to ensure that someone is present for delivery. If we attempt to deliver and no safe access is available then we will leave a note explaining what has happened. We will contact you by telephone to rearrange delivery.
5.12 In respect of each delivery of products you must ensure that all necessary arrangements are put in place to safely accept each delivery including providing appropriate equipment to accept delivery, ensuring delivery and storage access is clear and available and ensuring that sufficient storage capacity is available; ensuring the relevant area is safe and suitable for the products; ensuring the area is clearly marked with product name (grade), safe working capacity and identification number (if you have more than one tank), ensuring we are provided with a safe means to check volume in tank before and during delivery and that the area complies with any and all applicable laws and regulations. Please note that we are not responsible for dipping, checking or testing your tank(s).
5.13 If you do not allow us access to provide services. If you do not allow us access to your property to provide the products as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
5.14 For safety reasons you must not climb onto any vehicle we use to deliver the products.
5.15 You must tell us about any safety or operating problems with your storage tank before we start delivery. Any out of service equipment must be clearly marked and kept separately. It is important that you act sensibly and carefully when handling fuels and other products. It is vital for the safety of all concerned that you know and comply with the relevant health, safety and environmental law. If you have any concerns you can obtain additional information from your local council.
5.16 If we decide that it would not be safe to make delivery of fuels to you then we may postpone delivery until we are satisfied that it would be safe for us to do so.
5.17 We will not deliver more than you ordered unless you have instructed us to do so. We will always attempt to deliver the requested volume of fuel (or other products) but sometimes this is not possible due to circumstances beyond our control. If we deliver less than was ordered and you have paid in advance then will we reimburse you using the unit price to reflect the smaller quantity taken.
5.18 For fuels delivered in bulk by lorry we record the date, customer name and address, quantity and product description, and this record shall be deemed to be conclusive proof of the details of delivery made to you. If you disagree with the information set out on the delivery docket then please do not hesitate to make contact with us as soon as possible.
5.19 If a wrong delivery has been made to you then we would request that you stop using the products and make contact with us immediately. We will discuss this issue with you and agree a solution.
PAYMENT FOR GOODS/SERVICES
6.1 If you are ordering using our online ordering service then the price of the goods will be as set out on our website. If you order by phone, you will be informed of the price on request. If your delivery is subject to a delivery charge you will be informed about this before you place your order.
6.2 All orders must be paid for in advance of delivery. Payment can be made by direct debit, credit card, debit card, cash, cheque or internet banking.
6.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
6.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Santander from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
CANCELLATION OF ORDERS
7.1 You can cancel any order for fuels on any day prior to the agreed date of delivery. You must contact the office to inform us of your decision to cancel your order.
7.2 If our tanker is already on the way to your location on the agreed delivery date then we may chare you £2.50 per km (this represents the cost to us of the wasted journey.)
DISSATISFIED WITH PRODUCTS
8.1 Our aim is to provide products that meet your requirements and that are delivered with reasonable skill and care. We aim to supply what was agreed when placing your order.
8.2 If you are not satisfied and are worried about the products that have been delivered then please call the office and we will do our best to help resolve the situation.
OUR RESPONSIBILITY IF SOMETHING IS WRONG
9.1 If we do not comply with these terms and conditions we will only have to pay you the purchase price of the products but not other costs you have to pay because of what we have or haven’t done and where a reasonable person would expect you to have to pay those costs because of what we did/didn’t do.
9.2 Nothing in these terms and conditions excludes or limits our liability for:
(a) Death or personal injury cause by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any breach of the obligations implied by law about our ownership of
the products and ability to sell them;
(d) Defective products under the consumer protection legislation; or
(e) Any other matter for which the law does not allow us to exclude or attempt to exclude our liability.
9.3 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
9.4 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) to keep a record of your order.
10.2 We will only give your personal information to [other] third parties where the law either requires or allows us to do so.
ANY ADDITIONAL INFORMATION
11.1 We revise our Terms and Conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us.
11.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.5 Which laws apply to this contract? These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts.