Oilpro UK LTD General Terms And Conditions of Sale
All contracts, placement of orders and quotations are subject to the general Terms and Conditions of Sale as stipulated in this document, except where otherwise agreed to in writing by OilPro UK Ltd. These Terms and Conditions of Sale may be changed from time to time, by the owners/managers of OilPro UK Ltd. Notice to this effect will be given on our web site at www.oilpro.co.uk.
Notwithstanding the grant of credit facilities in terms of the Credit Management Policy, OilPro UK Ltd shall be entitled at any time, and at their sole discretion to withhold such facilities and require settlement of outstanding accounts, alternatively payment upon delivery of an invoice.
All goods supplied\delivered by OilPro UK Ltd to the client shall remain the property of OilPro UK Ltd until such time as the client pays the full purchase price thereof. OilPro UK Ltd reserves the right at its discretion to repossess any goods for which full payment has not been received.
Except where otherwise agreed to in writing, all goods offered by OilPro UK Ltd are to the manufacturer’s standard specifications and carry a warranty for 12 months from invoice date against latent defects and/or bad workmanship. “In-factory” repairs or replacements, will be effected by OilPro UK Ltd. Collection and transport of goods for repair to and from OilPro UK Ltd’s premises is at the customer’s own risk and cost. This warranty will be void if the goods have been –
(a) Incorrectly installed,
(c) inadequately stored,
(d) neglected or used other than for their intended purpose; or if the operating instructions have not been adhered to,
(e) serviced by any person or Company who has not been authorized in writing to do so by OilPro UK Ltd.
Should any parts, materials or components forming part of the goods sold by OilPro UK Ltd to the client, be manufactured by anyone other than OilPro UK Ltd, then the manufacturer’s normal warranty in respect of those parts, materials or components shall apply and no further warranties in this regard will be given by OilPro UK Ltd. OilPro UK Ltd’s liability will not extend beyond that of the manufacturer’s liability.
OilPro UK Ltd shall use its best endeavours to ensure that goods are supplied in working order to their specifications and shall not, under any circumstances, be liable for any loss, injury or damages whatsoever (including indirect or consequential loss and/or loss of profit) arising from the supply of the goods, or attributed to any negligent act of OilPro UK Ltd, its owners, employees or agents.
OilPro UK LTD does not provide additional warrantees and teh total warranty provided is limited to the cost of the product supplied.
Unless specifically stated otherwise, all goods supplied by OilPro UK Ltd are made within the manufacturing limits and tolerances which are acceptable in the trade. In the event that specialised accuracy or further tests are required (including EMI testing), the customer must state in writing the maximum and minimum limits and the customer will be liable for the costs of these tests.
OilPro UK LTD, at the request of the customer, may furnish technical advice with reference to the use, application or recommendation relating to equipment or design of installations etc which it is herewith understood that that information is accepted that the use and/or interpretation of the information is at the customers risk and OilPro UK LTD shall not be held liable for any loss, damage, or claims arising there from.
It shall be the customer’s sole responsibility to make themselves familiar with regulations which concern the use of the goods ordered, and OilPro UK Ltd cannot be held responsible for any penalties or restrictions resulting from contravention of any Government or other regulation.
OilPro UK Ltd reserves the right to make any reasonable change to the design or structure of any goods ordered during the execution of the contract provided the stated performance, quality and specifications of the goods remain unaffected.
All delivery or transport costs by rail, road or air are for the customer’s account. In the case of delivery/collection arranged by the customer, insurance coverage with the carrier is the responsibility of the customer as the responsibility for care of the goods passes immediately from OilPro UK LTD to the customer as soon as the customer/carrier acknowledges receipt of goods in good condition. Goods delivered/collected by OilPro UK Ltd where OilPro UK LTD arrange the collection/delivery shall be receipted, off-loaded, stored and protected by the customer and immediately after receipt of off-loading become the responsibility of the customer. It is therefore absolutely crucial that the customer check all goods before signing that a delivery was accepted in good order as claims arising after this time will not be entertained. If any delivery/collection is received with items missing, damaged packaging, or clearly damaged items, a note must be made to such effect on the delivery/collection note before signing for the delivery and OilPro UK LTD must be notified in writing with a copy of the collection/delivery note and the comment regarding the damage within 5 days of receipt of goods otherwise no claims will be entertained.
OilPro UK LTD reserve the right to refuse the return of any goods which were ordered in error and if OilPro UK LTD agree to accept returned goods, such return may be subject to a fee equal to 20% of the value of the goods.
OilPro UK LTD shall not be liable for delay or failure to perform any of their obligations if the delay or failure is caused by any circumstances beyond their reasonable control and OilPro UK LTD may, at their discretion, offer the customer the opportunity to cancel any related order/agreement.
Accounts must be paid in accordance with the agreed credit terms. OilPro UK Ltd retains the right to demand payment of any monies owing, should an account not be paid as agreed and/or should the amount bought be in excess of the credit limit requested. OilPro UK Ltd will not provide further goods or services until the account is paid in full.
If no formal Credit Application process has been followed when dealing with a customer, it is assumed that the customer does not pose any great risk and terms will automatically be set at Nett14 (i.e. payment will be due within 14 days after the invoice date) unless otherwise stated on the invoice.
OilPro UK Ltd shall be entitled to cancel any order and/or contract without prejudice to its right to claim damages for any loss or expense suffered by it, if the client fails to adhere to any of these conditions; or fails to make payment on due date of any amounts due by it.
The client shall not be entitled to deduct any amount or apply any set-off against payments due, without OilPro UK Ltd written consent having first been obtained.
Should payment not be received within the required time, interest will be charged from the day after the payment is due up to the rate of England Base rate + 8% until payment is received in full. See the Late Payment of Commercial Debts (Interest) Act 1998 for more details.
As this document relates mainly to sales and services rendered for which invoices are issues upon completion of the task, Maintenance Plans are bound to all the conditions set within this document except that the Maintenance Plans are offered on different payment terms in that payment in full must be received (and cleared) before any work or cover will commence under the agreed Maintenance Plan (see OPUK08-MP document for further information).
The Customer acknowledges that it is the best-placed person to assess any potential loss to it, and that it should cover such risks by insurance. The Customer also agrees to take such steps to minimise risks to it, such as taking back-up copies of any software database and ensuring environmental safety and compliance of bulk storage and bulk oil handling. The Customer also undertakes to take steps to minimise all risks to it should the Equipment used for bulk fluid handling and dispensing fail to function correctly.
All prices on the price list are subject to market fluctuations and as such may change without prior notice. VAT is applicable to all orders at the standard rate as stipulated by the government at time of despatch.
The Purchaser shall be responsible for the costs of collection, treatment, recovery and environmentally sound disposal of the product and replaced product in accordance with the “Waste Electrical and Electronic Equipment Regulations 2006”. The purchaser agrees to indemnify and keep indemnified OilPro UK LTD from any and all loss, damage or liability suffered and legal fees and costs incurred by OilPro UK LTD resulting from a breach of this clause.
The customer will be liable for all legal expenses, at the rate between attorney and client, incurred in connection with the recovery of any account due, together with all tracing fees and collection commission.
The domicilium citandi et executandi of the customer shall be the current physical business address of the customer. The customer will notify OilPro UK Ltd within seven days of any change of address.
Should it be necessary for OilPro UK Ltd to institute legal proceedings for the recovery of any amount due, then the judicial institution of the United Kingdom shall have jurisdiction to hear and determine such action.