Terms & Conditions
- The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: The person, firm or company who purchases the Goods from the Company.
Company: Kingsberry Fuels part of Hayes Fuels whose registered office is situated at 146 Pomeroy Road, Dungannon, Co Tyrone, BT70 2TY.
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Delivery Point: the place where delivery of the Goods is to take place under condition 4.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
- A reference to a law is a reference to it as it is in force for the time being taking account of any amendments, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
- Words in the singular include the plural and in the plural include the singular.
- A reference to one gender includes a reference to the other gender.
- Condition headings do not affect the interpretation of these conditions.
2. APPLICATION OF TERMS
- Subject to any variation under condition 2.3 the Contract shall be on these condition to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
- No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
- These conditions apply to all the Company’s sales and any variation to these conditions and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by the director of the Company. The Buyer acknowledges that it has not relied on any statements, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the company’s liability for fraudulent misrepresentation.
- Each order by the Buyer shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
- No order placed by the Buyer shall be deemed to be accepted by the Company until the Company delivers the Goods to the Buyer.
- The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
- All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s websites or brochures are issued or published for the sole purpose of given an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
- Whilst every endeavour has been made to ensure that the Goods are accurately described and believed to be fit for the purposes mentioned in the Company’s websites or brochures no warranty or representation to this effect is given, either expressly or by implication, and no responsibility will be accepted in the event of any error or mis-description or any such unfitness or any damage resulting there from.
- Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
- Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
- If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to delivery the Goods on time because the Buyer has not provided appropriate instructions, documents or authorisations:
- risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence;
- the Goods shall be deemed to have been delivered; and
- the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
- The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
- The quantity of any consignment of Goods as recorded by the Company on despatch from the Company shall be evidence of the quantity received by the Buyer.
- The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence).
- Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
- The Goods are the risk of the Buyer from the time of delivery.
- Ownership of the Goods shall not pass to the Buyer until the Company has received in full all sums due to it in respect of:
- the Goods; and
- all other sums which are or which become due to the Company from the Buyer on any account.
- The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
- The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
- Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list on the date of delivery or deemed delivery.
- The price for the Goods shall be inclusive of any value added tax , surcharge and/or excise duty, any variation at any time is for the Buyer’s account.
- Subject to condition 8.4, payment of the price for the Goods is due in the designated currency and unless otherwise stated all goods must be paid for within the payment terms provided.
- Time for payment shall be of the essence.
- No payment shall be deemed to have been received until the Company have received cleared funds.
- All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
- The Buyer shall make all payments due under the Contract in full without any deduction.
- If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of HSBC plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 as amended by the 2002 Regulations. The Company reserves the right to contra.
- Buyers will be charged £10 for any cheque tendered in payment for Goods or Services supplied which is subsequently dishonoured by their Bank or Building Society.
- Where accounts have not been settled the Seller reserves the right to enter the Buyer’s property to retrieve such goods which the Buyer will make available to the Seller.
- The Company states that (subject to the other provisions of these conditions) on delivery, the Goods shall be of satisfactory quality.
- The Company shall not be liable for a breach of any quality of the goods in condition 9.1 unless:
- the Buyer gives written notice of the defect to the Company within 3 working days, and; if the defect is as a result of damage in transit to the carrier, within 3 days of the time when the Buyer discovers or ought to have discovered the defect; and
- the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer’s cost for the examination to take place there.
10. Returns and refunds
If you are not satisfied with your purchase, please contact us within 3 days of receiving the goods on 0808 100 4328. Remedies at this point may include but are not limited to having the goods lifted and replaced with similar products or issuing a refund. Please note goods may only be returned when they are presented in original packaging and condition and there may be an additional haulage collection charge.
11. LIMITATION OF LIABILITY
- The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.
- Subject to clauses 4, 5 and 9, the Company shall not be liable for consequential, indirect or special losses.
- Subject to clauses 4, 5 and 9, the Company shall not be liable for any of the following (whether direct or indirect):
- loss of profit;
- loss of data;
- loss of use;
- loss of production;
- loss of contract;
- loss of opportunity;
- loss of savings, discount or rebate (whether actual or anticipated);
- harm to reputation or loss of goodwill.
- Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other losses which cannot be excluded or limited by applicable law.
12. FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints delays affecting carriers or inability or delay in obtaining supplies or adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
The Buyer shall indemnify the Company from and against any losses, damages liability, costs (including legal fees) and expenses which the Company may suffer or incur directly or indirectly from the Buyer’s breach of any of its obligations under the Contract.
14. CREDIT LIMIT
The Company may set and vary credit limits from time to time and withhold all further supplies if the Buyer exceeds such credit limit.
15. SET OFF
- The Company shall be entitled to set-off under the Contract any liability which it has or any sums which it owes to the Buyer under the Contract or under any other contract which the Company has with the Buyer.
- The Buyer shall pay all sums that it owes to the Company under the Contract without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.