The lubricating oils specified in this document must not be used for combustion as fuel in a motor vehicle. Any person so using them renders themself liable to proceedings for penalties.
GENERAL CONDITIONS OF SALE
- General. Only the conditions herein shall apply to this Order and shall over-ride any conflicting conditions in any other document issued in connection with the Order by either Buyer or Company unless such conflicts are specifically agreed in writing between the Buyer and the Company. Maxol Lubricants Limited will be known in these Terms and Conditions of Sale as "Maxol", or "The Company". Our Customers will be known as "The Buyer".
The price to be paid in respect of any order received or delivery made shall be the price ruling on the date of delivery of that order and where delivery of any order is made in more than one consignment the price of each consignment shall be the price ruling on the date on which such consignment is delivered.
- An additional charge to cover Value Added Tax and Customs Duty payable by The Company in respect of monies from the sale of goods liable to such tax, is shown separately on The Company's invoices where applicable and forms part of The Company's price of goods. Deliveries in respect of which Value Added Tax is shown on The Company's invoice at the zero rate are supplied on the basis of a declaration from The Buyer's or their agent that the delivery is going to a place outside the country or where The Buyer has provided The Company with Form VAT 13B.
- It is a condition of every bulk sale that the quantity shown by The Company’s measuring device as having being discharged from The Company’s vehicle shall be accepted by The Buyer’s as the quantity delivered. The Company cannot accept responsibility for any discrepancies in The Buyer’s storage calibrations or other measuring devices.
- Notifications of Loss, Shortage, Damage, Etc., Bulk Deliveries. Any discrepancy in volume delivered less than 1% will not be liable to a claim. Damages & Shortages. Any damage or shortage in transit to goods dispatched must be notified in writing to Maxol within three days of delivery and details of the claim similarly notified within seven days. In addition, any obvious damage or shortages of product should also be noted on the carrier's delivery note.
- The Buyers are responsible for ensuring that the storage into which the delivery is made will accommodate the full quantity ordered, and in the case of bulk deliveries, shall confirm this fact to the driver by way of signing “Clearance to Discharge Bulk Delivery” form prior to delivery commencing.
- All deliveries into The Buyer's premises are at the sole risk of The Buyer.
- All packages contain full measure when delivered by The Company but owing to the volatile nature of lubricants they cannot hold themselves responsible for any shortage after packages leave their hands. A delivery note or similar document issued upon delivery shall be deemed to correctly state the quantity and capacity of the goods unless The Buyer immediately makes an objection to them in writing to The Company upon delivery.
- The deposit charged for returnable pallets and IBC’s (which remain The Company's property) are due for payment with the account and will be credited in full on return of the packages in good condition, carriage paid. If packages returned by The Buyers are unfit for The Company's immediate use, The Buyer shall forfeit as liquidated damages the deposit paid thereon or such lesser sum as The Company shall in its sole discretion think fit and The Buyer will in addition to forfeiture of deposits, be liable for payment to The Company of any additional costs incurred in the disposal of same.
- Delivery: Deliveries are made by our transport or designated contractor to the nearest point on the road to where the materials are required, as a safe hard road permits, The Buyer is to provide free of charge, the labour required for unloading and stacking. Deliveries are made on the understanding that The Company disclaim any responsibility for the material after it has left our control. If The Buyer requires our driver to take The Company’s vehicle over paving, on to private drives or anywhere not on the highway, they, The Buyer, does so at their own risk and will be held liable for any damage incurred by or to The Company’s vehicle. Maxol drivers and contractors have instructions not to deliver goods if The Buyer does not agree to the above conditions.
- If on any delivery The Buyer or any representative of The Buyer, whether or not for the purpose of verifying The Company's measurement of quantity for that delivery mounts any vehicle used in that delivery The Buyer or their representative (as the case may be) shall do so at their own risk and The Company accepts no responsibility whatsoever before.
- Cancellation. Goods made to special order cannot be cancelled.
- Acceptance. Orders are accepted and terms for delivery given conditional on our being able to secure the necessary labour and material without responsibility for delays arising through causes beyond our control.14.Acceptance by The Buyer of products supplied against the delivery advice will be treated as an acceptance by them of these conditions.
- Acceptance by The Buyer of products supplied against the delivery advice will be treated as an acceptance by them of these conditions.
- Containers. Containers shall not be returned unless stated as returnable. The Company can charge The Buyer a deposit/circulation costs for packaging material such as cases, crates, boxes, bottles, barrels, pallets, etc., which are not designated for one-time use, payable together with the payment of the delivered goods. The deposit will be set off with The Buyer upon return of the packaging materials provided that they are still in good/undamaged condition, this is judged exclusively at The Company’s discretion. The Buyer must return the packaging to The Company as soon as possible, but within 3 months of the date of delivery at the latest. If the packaging material is not returned on time,The Company will no longer be obliged to accept the return of the materials and The Buyer will no longer be entitled to set off the amount of the deposit. This return will take place at The Buyer’s expense and risk. Packaging returned to The Company on a Cash-On-Delivery basis can be refused by The Company. All related costs will be borne by The Buyer.
- Returns. The Company will accept goods returned for credit only by prior agreement and all goods returned will be subject to 15% re- stocking charge.
- Prices are inclusive of import Customs/Excise Duty (if any) at the appropriate rate and any variation of duty at any time is for The Buyer's account. If you are outside the EU (European Union), export Customs/Excise Duty will be charged at the appropriate rate.
- Terms of Payment. Unless expressly provided for otherwise in writing terms of payment are strictly 20 days from date of invoice. The Company reserves the right to withhold further deliveries if these terms are not complied with and imply a late payment fee (as stated inDirective 2011/7/EC of the European Parliament).
- If The Company decides to refer an overdue amount to our debt collection agency, the cost of their services will be added to the debt. If The Company have to instruct them further to request a summons, judgement, warrant etc., the charges for the extra services together with interest will also be added to the debt as well as a late payment fee (as stated in Directive 2011/7/EC of the European Parliament).
- General. If The Buyer's official order forms contain special printed conditions, such conditions are binding only insofar as they are not at variance with the terms and conditions mentioned above.
- 21. Law. The construction, validity and performance hereof shall be governed by the Law of the Republic Of Ireland or H. M. Government.
- Buyer's insolvency and Retention of Title until payment in full to the Company for the goods.
a. Retention of Title: Unless otherwise agreed, risk in the goods shall pass to The Buyer on delivery thereof. Property of the goods shall pass to The Buyer when payment is made by The Buyer to The Company of all sums due, or of when risk passes to The Buyer,whichever is the later. When the goods, the property of The Company, are delivered to The Buyer, The Buyer may sell such goods in the course of ordinary business but shall hold the proceeds of any such sale on trust for The Company until payment by The Buyer to The Company of all sums due. If The Buyer fails to make a payment to The Company of all sums due, The Company may without further notice enter upon the premises of The Buyer and remove forthwith the products delivered and in respect of which The Buyer has failed to make payment.
b. The Buyer may sell the goods in the normal course of his business, but shall hold and pursue claims from the proceeds of their sale equal to the price of the price of the goods for and on behalf of The Company.c. If The Buyer shall become insolvent or bankrupt, or make any composition or arrangement with creditors, or being a company shall have a receiver appointed, or enter into Liquidation whether voluntary or compulsory, or if any execution or distress shall be levied against The Buyer's goods then The Company shall have the right to recover the possession of the goods, the property in which has been retained under this clause, and The Company, or its duly authorised representatives, shall have the right to enter the premises where the goods are stored for this purpose.
- FORCE MAJEURE: Maxol shall not be under any liability to The Buyer if and so far as the fulfilment of any order by The Buyer, in the whole orin part, shall be prevented, reduced, hindered or delayed by any circumstances whatsoever which are not in the immediate control of Maxol,including without limiting the generality of the foregoing: strikes or lock-outs, labour disputes of any kind, partial or general stoppages of labour, refusals to perform any kind of work, or acts of sabotage (whether any of the foregoing relate to Maxol's own employees or to others), war rebellion, insurrection or hostilities (whether involving the Irish Republic/Northern Ireland or not), acts of God; or any local or national emergency (or the threat or apprehension of any of the foregoing events), fires, floods, storms, riots, compliance with any order or request of Government, or of any national provincial port or any other public authority or of any person purporting to act for such authority,the failure of carriers or transport agencies, break- down or of accident to plant, machinery or facilities or failure of or any shortage in anyMaxol's existing or contemplated sources of supplies or means of delivery howsoever same may have been caused and whether such failures are shortages be existing or apprehend by Maxol and further provided that if at any time (but only at such time) by reason of any one or more of the causes herein specified, there is a shortage in the supply which Maxol would reasonably have expected otherwise to receivethen in that if at any time (but only at time) by reason of any one more of the causes herein specified, there is a shortage in the supply which Maxol would reasonably have expected otherwise to receive then in that event the Buyer shall be entitled to purchase such supplies fromother sources to the extent necessary to make good shortage but shall at once notify Maxol in writing of the source, extent and nature of such extraneous supplies.
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