1.1 “Supplier” shall mean Maguire Fuels its successors and assigns or any person acting on behalf of and with the authority of Maguire Fuels Limited.
1.2 “Customer” shall mean the person or entity described as such on the invoices. Quotation, work authorisation or any other forms to which the terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.
1.3 “Goods” shall mean Goods supplied by the Supplier to the Customer and are as described on the Supplier's website, invoices, quotation, work authorisation, or any other forms as provided by the Supplier to the Customer.
1.4 “Price” shall mean the cost of the Goods as agreed between the Supplier and the Customer subject to clause 4 of this contract.
2. Application of these terms and conditions to consumers
2.1 Where the Customer buys Goods as a consumer these terms and conditions (in particular clauses relating to Disclaimer, Defects, Returns, Warranties, and Limitation of Liability) shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer's statutory rights.
3.1 Any instructions received by the Supplier from the Customer for the supply of Goods and/or the Customer's acceptance of Goods supplied by the Supplier shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Supplier.
4. Price and Payment
4.1 The Price shall be in the Supplier's current Price, as at the time the Customer orders the Goods, and according to the Supplier's current Price list available on the Supplier's website.
4.2 Time for payment for the Goods shall be of the essence and payment shall be due at the time the Customer orders the Goods.
4.3 Payment will be made by credit or debit card, or by any other method as agreed between the Customer and the Supplier.
4.4 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Reservation of Title Clause
5.1 Risk or loss of damage to the products sold to the Buyer shall pass to the Buyer at the time of delivery but property in such products will not pass to the Buyer, AND THE TITLE SHALL REMAIN VESTED IN THE Seller or his agent until payment in full of the invoice price thereof and all sums due and owing from the Buyer to the Seller or his agent on any account whatsoever, until such time the Seller or his agent shall be entitled to re-delivery of the products and for the purpose of inspecting or recovering the same, to enter upon any premises where any such products are stored or thought to be stored. If the Buyer shall at any time mix such products with similar products of its own, it shall be deemed to dispose of its own products before disposing of any of the Sellers or his agents.
6. Delivery of Goods
6.1 Delivery of the Goods shall take place when the Customer takes possession of the Goods at the Customer's address (or at a third party's address nominated by the Customer (which shall be deemed to be the delivery to the Customer for the purposes of this agreement)).
6.2 Unless specified otherwise by the Supplier, the costs of the delivery are included in the Price.
6.3 Delivery shall only take place in County Fermanagh, Northern Ireland. In the event the Customer required delivery in an area not indicated on maguirefuels.ie the Customer should contact the Supplier prior to placing the order to confirm the Supplier delivers to the part of those counties required by the Customer.
6.4 Delivery shall take place within 3 working days following the placement of the order by the customer.
6.5 The Customer shall make all arrangements necessary to take delivery of the Goods when they are tendered for delivery. In the event the Customer is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery delivery.
6.6 The Customer shall be responsible for ensuring there is sufficient capacity in the tank and/or storage facility designated by the Customer, their employee, or agent to take full delivery of the Goods. In the event that the Customer is unable to take full delivery for any reason (including, but not limited to insufficient storage), the Supplier shall be entitled to charge a reasonable fee for redelivery. In the event the delivered quantity of Goods is less than the quantity ordered, then the Supplier may (at its sole discretion) apply a credit to the Customer's account subject to a reasonable re-stocking fee.
6.7 The Supplier shall offload their delivery into the tank and/or storage facility designated by the Customer, their employee or agent. The Supplier shall not be liable for any claims, loss, or damage whatever consequential to the Goods being offloaded into the wrong tank.
6.8 The Supplier shall not be liable for any loss or damage caused in accessing the delivery site beyond reasonable control of the Supplier (including, without limitation, damage to pathways, driveways and concreted, paved or grass areas).
6.9 Goods will be delivered from the kerbside adjacent to the delivery site via the hose and pump. If at the Customer's request, the delivery vehicle leaves the road and enters the Customer's property to unload, the Customer is responsible for providing suitable and safe access for the Supplier's delivery vehicle and agrees to indemnify the Supplier and its agents for all damage and injury to any person and to any public or private property which may result, including any costs associated with enabling the delivery vehicle to leave the property.
6.10 The Customer agrees to ensure the delivery site complied with Health & Safety regulations and not allow any smoking or naked lights nor permit any stoves, electric or gas heaters, radiators, or any other kind of naked flame to function in proximity to a tank or inlet pipe into which a delivery is being made or a vent pipe connected to such tank and will indemnify the Supplier against any damages, injuries, claims or costs arising out of breach of this condition.
6.11 The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated.
6.12 The Supplier shall not be liable for any loss or damage whatever due to failure by the Supplier to deliver Goods (or any of them) promptly or at all.
7. Customer Responsibility
7.1 It is the Customer's responsibility to ensure that their oil storage tank is free from sludge, dirt, particles, or any other foreign bodies which, if present, may be disturbed during a delivery by the Supplier causing it to disperse into the fresh oil delivered by the Supplier. The Supplier will accept no responsibility whatsoever for any loss or damage to injector pumps or any other goods or equipment belonging to the Customer or third party due to the displacement of sludge, dirt, particles, or any other foreign bodies during or subsequent to a delivery.
7.2 It is the Customer's responsibility to ensure that the Supplier delivers the Goods into the correct storage tank. The Supplier will not be liable in any way whatsoever for any claims, loss or damage including, but not limited to loss of product incurred by the Customer as a result of fuel being pumped into the incorrect storage tank.
8. Safety Regulations
8.1 The Supplier's safety policy is governed by and subject to the provisions of the safety data sheets, copies of which may be requested from the Supplier at any time.
9. Gas/Diesel Oil
9.1 Winter Grade Gas/Diesel Oil is manufactured to a cold temperature plugging point of minus 12°C and a maximum cloud point of 0°C and as such is suitable for use in normal winter conditions in Ireland provided it is not mixed with any oil not meeting the same specifications. Customers should take precautions to protect the equipment in which the oil is stored and used against severe weather conditions, including but not limited to, keeping the equipment/piping in good condition, cleaned and suitably protected and in the case of motor vehicles keeping them garaged when not in use.
10.1 The Customer shall inspect the Goods on delivery and shall within twenty-four (24) hours notify the Supplier of any alleged defect, shortage in quantity, damage, or failure to comply with the description. The Customer shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from defect or damage. For defective Goods, which the Supplier has agreed in writing that the Customer is entitled to reject, the Supplier's liability is limited to replacing the Goods.
10.2 No defective Goods shall be accepted for return except in accordance with clause 9.1 above.
11.1 The Supplier may (at its discretion) accept the return of non-defective Goods for credit but this may incur a handling fee of 15% of the value of the returned Goods plus any freight. Returns will only be provided that the: (a) Supplier has agreed in writing to accept the return of the Goods; and (b) Goods are returned at the Customer's cost within seven (7) days of the delivery date; and (c) Supplier will not be liable for Goods which have not been stored or used in a proper manner; and (d) Goods are returned in the condition in which they were delivered.
12.1 To the extent permitted by statute, no warranty is given by the Supplier as to the quality or suitability of the goods for any purpose and any implied warranty is expressly excluded. The Supplier shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
13. Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
13.1 This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
13.2 Notwithstanding clause 12.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15), or the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts laws or legislation.
13.3 In particular where the Customer buys Goods as a consumer the provisions of clauses 9, 10, and 11 above shall be subject to any laws or legislation governing the right of consumers.
14.1 The Supplier may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Supplier shall repay to the Customer any sums paid in the respect of the Price. The Supplier shall not be liable for any loss or damage whatever arising from such cancellation.
14.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.
15. Data Protection Act 1988 & Data Protection Act 2003
15.1 The Customer authorises the Supplier to: (a) collect, retain and used any information about the Customer, for the purpose of assessing the Customer's creditworthiness or marketing products and services to the Customer; and (b) to disclose information about the Customer, whether collected by the Supplier from the Customer directly or obtained by the Supplier from any other source, to any other credit provider or any credit reporting agency for the purpose of providing or obtaining a credit reference, debt collection, or of listing (whether before or after judgement) a default by the Customer on publicly accessible credit reporting databases.
15.2 Where the Customer is an individual the authorities (under clause 14.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act 2003.
15.3 The Customer shall have the right to request the Supplier for a copy of the information about the Customer retained by the Supplier and the right to request the Supplier to correct any incorrect information about the Customer held by the Supplier.
16. Limitation of Liability
16.1 The Supplier shall be under no liability whatever to the Customer for any indirect loss/expense (including loss of profit or goodwill) suffered by the Customer or any third party arising out of a breach by the Supplier of these terms and conditions.
16.2 In the event of any breach of this contract by the Supplier the remedies of the Customer shall be limited to damages and the Supplier's liability (if any) whether in contract, tort or otherwise in respect of any defect in the Goods, or for any breach of these terms and conditions, or if any duty owed to the Customer in connection with them shall be limited to the amount of the price.
16.3 For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict the Supplier's liability to any person for death or personal injury to that person resulting from the Supplier's negligence.
17. Customer's Disclaimer
17.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for such damages or to claim restitution arising out of any misrepresentation made to the Customer by the Supplier and the Customer acknowledges that the Goods are bought relying solely upon the Customer's skill and judgement.
18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Northern Irelan and United Kingdom and are subject to the jurisdiction of the courts of Northern Ireland and United Kingdom.
18.3 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Supplier.
18.4 The Supplier may license or sub-contract all or any parts of its rights and obligations without the Customer's consent.
18.5 The Supplier reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Customer of such change. Except where the Supplier supplies further Goods to the Customer and the Customer accepts such Goods, the Customer shall be under no obligation to any such changes.
18.6 Neither party shall be liable to any default due to any Act of God, war terrorism, strike, lock out, industrial action, fire, flood, drought, storm, or other event beyond reasonable control of either party.