Rent Free Gas: Terms & Conditions
1.1 Any order for Goods and/or Services placed by a Buyer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies which may be introduced in Buyer’s order or other communication with Seller unless expressly agreed to by Seller in writing. 1.2 Seller reserves its right to accept all or any part of an order by Buyer or to refuse any such order.
2.1 The description given of the Goods and/or Services has been given by way of identification only and the use of such description does not constitute a Supply Contract a sale by description.
3.1 Terms of payment are prior to goods departing the factory, depot or head office unless otherwise agreed by the parties.
4.1 Unless specified overleaf, Seller will deliver Goods F.I.S. to Buyer’s premises stated in the order or as otherwise agreed in writing. 4.2 All delivery dates for Goods and/or Services quoted are estimates only and Seller is not responsible or liable, for any costs, expenses, losses or damages suffered by Buyer either directly or indirectly arising where Goods and/or Services are not delivered by that date. Buyer is not relieved of any obligation to accept or pay for Goods and/or Services by reason of any delay in delivery or despatch. 4.3 Seller may deliver any order by way of instalments and each instalment shall be deemed to be sold under a separate contract. Failure of Seller to deliver an instalment shall not entitle Buyer to rescind or repudiate the contract. 4.4 Should Buyer request at any time Goods remain at Sellers premises when ready for delivery such storage shall be at Sellers discretion. Goods will be at Buyers risk and Buyers payment obligation for Goods will not be affected 4.5 Buyer must inspect and reject any Goods delivered for reasons of damage, defect or shortage within 7 days from the date of delivery. After 7 days, acceptance of the Goods is deemed to have occurred. 4.6 Buyer shall ensure that where Goods are delivered to or collected from Buyer’s premises there is safe and proper access at the point where delivery or collection is made. Buyer accepts all responsibility for any loss or damage to vehicles or loads due to unsuitability of means of access to the loading or unloading point and Buyer indemnifies Seller for and against the cost of all loss and damage to property and injury to persons arising directly or indirectly as a result of the failure of Buyer to ensure proper and safe access. 4.7 Buyer will provide adequate labour and equipment for the loading and unloading of Goods at Buyers premises.
5.1 Risk in respect of Goods, shall pass to Buyer upon delivery.
6.1 Buyer must pay the Sellers price prior to delivery.
7. Force Majeure
7.1 The obligations of Seller and Buyer, other than an obligation to pay money, will be excused to the extent that either party is wholly or partially precluded from complying with its obligations by a Force Majeure Event. Seller shall be under no obligation to subsequently deliver Goods and/or Services during the period of a Force Majeure Event but otherwise these terms and conditions remain unaffected. 7.2 If, a Force Majeure Event occurs, Seller may allocate its available supply of Goods and/or Services, without obligation to purchase similar Goods and/or Services from other sources, among itself and all of its customers, including those not under contract, on such basis as it determines to be equitable. 7.3 During the period of a Force Majeure Event Buyer shall be free to purchase elsewhere at its sole risk and cost, such quantities of alternative Goods and/or Services necessary to cover the shortfall of Goods and/or Services not delivered by Seller.
8. Technical Advice
8.1 Seller gives no warranty or makes no representation as to the correctness, compliance, adequacy or otherwise of the any technical advice, recommendation, information or assistance given (collectively referred to as Technical Advice’) and Buyer agrees that it uses the Technical Advice at its own risk.
9.1 Except insofar as any rights, entitlements, remedies and liabilities cannot be excluded or limited by statue or are expressly conferred on Buyer by these terms and conditions all warranties and conditions whatsoever in relation to Goods and/or Services express or implied by statute, common law or trade usage or custom or otherwise are excluded to the maximum extent permitted by law. 9.2 For any Goods not manufactured by the Seller, the Seller will endeavour to obtain for the Buyer the benefit of any manufacturer’s warranty but shall not be obliged to do so.
10.1 Buyer indemnifies Seller, its servants and agents from and against all claims, proceedings, suits, causes of action, costs, expenses, loss and damages arising directly or indirectly out of the ownership, possession or use of the Goods by Buyer or any other person.
11. Licenses and Permits
11.1 Licenses, authorisations, approvals and permits required by law in respect of the Goods and/or Services supplied are Buyer’s responsibility.
12.1 Seller will use all reasonable endeavours to meet its Supply Contract obligations, but if Seller obligations become impossible to perform or shall otherwise become frustrated, Buyer shall be liable to pay to Seller all costs which Seller’s suppliers, or sub-contractors have incurred directly or indirectly or for which Seller is liable under Supply Contract to Buyer at the time of frustration or impossibility or performance.
13. Patents and Trade Marks
13.1 Seller makes no representation or warranty of any kind, expressed or implied, that the Goods supplied or the use of such Goods or articles made from the Goods either alone or in conjunction with other substances will not infringe any patent or trade mark right. Buyer must promptly notify Seller of any claim or suit involving Buyer in which such infringement is alleged and if Seller considers itself to be affected it shall be entitled completely to control the defence or compromise of any such allegation or infringement. Buyer agrees to subrogate its rights in this regard to Seller.
14. Property in Goods
14.1 Property and title in the Goods remains with Seller until Buyer has paid all sums owing to the Seller in respect of the Goods under this or any other contract. 14.2 Buyer agrees until property and title in the Goods passes in accordance with condition 14.1 unless otherwise agreed in writing by Seller, to store the Goods in a manner that clearly shows that the Goods are the property of Seller and will not remove any marks identifying the Goods as the property of Seller.
15.1 Failure by Seller to insist upon strict performance by Buyer of any provisions contained in these terms and conditions or other provisions of a Supply Contract shall not be taken to be a waiver of any rights or remedies of Seller, unless the same is expressed in writing and signed on behalf of the Seller.