Responsibility for Tank Testing
Cill Dara Oil Ltd does not accept responsibility for the dipping or testing of the buyer’s tanks. This, together with the obligation to ensure that the truck operator couples up with the correct feed on the buyer’s tank, rests entirely with the buyer.
Storage Capacity Responsibility
The buyer shall also be responsible for ensuring that the storage into which the delivery is to be made will accommodate the full quantity ordered.
Measurement of Quantity
The seller’s measure of quantity shall be accepted by the buyer, save in the case of manifest error. The seller's reading shall be conclusive and binding upon both parties. The seller cannot accept any responsibility whatsoever for discrepancies in the buyer’s tanks, dip rod, or other measuring device. It is a condition of every bulk sale that the quantity shown by the terminal meter ticket or other measuring device employed shall, for the purpose of accounts, be accepted by the buyer as the quantity delivered. The buyer may be represented at the taking of the measurements to verify them if they so desire.
Notification of Issues
In the event of missing contingents, short delivery, or damage, the seller shall only be required to investigate the circumstances if notified in writing within three days of the date of dispatch.
Price and Taxation
The price to be paid in respect of any order received or delivery made shall be the price ruling at the date of delivery of the order. Where the delivery of any order is made in more than one consignment, the price for each consignment shall be at the price ruling on the date on which such consignments are delivered. Such price shall reflect any tax, duty, or other imposition in respect of the products (other than Value Added Tax). Value Added Tax, if applicable, will be charged separately.
Claims for Discrepancies
Notice of any claims for damage, defect, variance of quality or description, or shortage in quantity shall be given by the buyer in writing to the seller at their registered address as shown on the invoice, no later than three days after the products are delivered, or in the case of non-delivery of the whole consignment, within three days of receipt of invoice. Such notice shall state where and when the products may be inspected by the seller. The giving of such notice shall be a condition precedent to any such claim. In respect of such damage, defect, variance, or shortage, the buyer shall be liable to pay for the full quantity of the products to which the invoice relates unless.
Product Replacement
Subject to the above clause, the seller undertakes to replace, at its own expense, any products which differ in quality or description on delivery from the products purporting to be sold on the invoice. All other warranties and conditions expressed or implied by statute or otherwise are excluded, and the seller shall not be further liable in respect of injury, loss, or damage consequent upon the sale or delivery of the products hereunder.
Payment Terms
Payment for supplies will be effected by cash on delivery or in accordance with the terms established from time to time by the seller. Where such terms are exceeded, interest will be charged at the current bank rate on the amount overdue.
Delivery Failures
The seller shall not be responsible for any failure to make deliveries if fulfilment has been delayed, hindered, or prevented by any circumstances whatsoever which is not in the seller’s immediate control.
Delivery Risk
All deliveries at the buyer’s premises or into the buyer’s vehicles are at the sole risk of the buyer.
Risk and Ownership
Risk in the products shall pass to the buyer, but ownership remains with the seller and shall pass to the buyer only when it has paid and discharged to the seller all monies, including interest, that are due to the seller on whatsoever grounds and arising out of whatsoever circumstances.
Default on Payment
On the buyer making default on the payment of monies which are due and owing, the seller at their option and without notice shall have the right, and the buyer hereby agrees, to enter upon the premises where the products are located and take possession of and remove the same.
Variation of Conditions
No agent or employee of the seller is permitted to alter or vary these conditions in any way unless expressly authorised to do so by the seller. If the buyer fails to adhere to these conditions, the seller shall be entitled to stop further deliveries under accepted or partly completed orders.
Acceptance of Conditions
Acceptance of the products to which the invoice relates will be treated as an acceptance of these conditions.
Online Payment Notice
Cill Dara Oil Ltd only accepts the following Credit Cards: Laser, Visa Debit, Visa Card, and Mastercard. Cill Dara Oil Ltd regrets that we are unable to accept American Express cards or any other card that is not listed above. The only method of payment that can be used to order oil on www.cilldaraoil.ie is payment by Credit Card – the only exception to this is customers who have a current Cill Dara Oil Ltd Direct Debit account.
Product Safety
In normal use, fuel oil is safe. However, observe the following precautions:
Limitations On Use
All products supplied are sold exclusively for the buyer’s own use and shall not be resold, transferred, or disposed of by the buyer to any other person, private or commercial, unless the products were supplied by the seller to the buyer specifically for resale.
Disclaimer
The information available from this website is intended as a guide only and does not purport to be a legal interpretation. In the event of any discrepancy between the version of a document obtained from this website and the designated official version, the designated official version is the authoritative one.
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