1.1 “Supplier” shall mean Bluebell Way Ltd trading as McCormacks Fuel its successors and assigns or any person acting on behalf of and with the authority of Bluebell Way Ltd trading as McCormacks Fuel.
1.2 “Customer” shall mean the person or entity described as such on the invoices, quotation, work authorisation or any other forms to which these 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 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 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 to 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. Delivery Of Goods
5.1 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 delivery to the Customer for the purposes of this agreement)).
5.2 Unless specified otherwise by the Supplier, the costs of delivery are included in the Price.
5.3 Delivery shall take place the next working day following the placement of the order by the Customer.
5.4 The Customer shall make all arrangements necessary to take delivery of the Goods when they are tendered for delivery. In the event that 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.
5.5 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.
5.6 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.
5.7 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 grassed areas).
5.8 Goods will be delivered from the kerbside adjacent to the delivery site via 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.
5.9 The Customer agrees to ensure the delivery site complies with Health & Safety regulations and not to allow any smoking or naked lights nor permit any stoves, electric or gas fires, radiators or any other 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.
5.10 The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated.
5.11 The Supplier shall not be liable for any loss or damage whatever due to failure by the Supplier to deliver the Goods (or any of them) promptly or at all.
6. Customer Responsibility
6.1 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 foreign bodies during or subsequent to a delivery.
6.2 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 profit incurred by the Customer as a result of fuel being pumped into the incorrect storage tank.
7. Safety Regulations
7.1 The Supplier’s safety policy is governed by and subject to the provisions of safety data sheets, copies of which may be requested from the Supplier at any time.
8. Gas/Diesel Oil
8.1 Winter Grade Gas/Diesel Oil is manufactured to a cold filter plugging point of minus 12°C and 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.
9.1 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 any 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.
9.2 No defective Goods shall be accepted for return except in accordance with clause 9.1 above.
10.1 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 accepted 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.
11.1 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.
12. Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
12.1 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).
12.2 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.
12.3 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 rights of consumers.
13.1 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 respect of the Price. The Supplier shall not be liable for any loss or damage whatever arising from such cancellation.
13.2 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.
14. Data Protection Act 1988 & Data Protection Act 2003
14.1 The Customer authorises the Supplier to:
(a) collect, retain and use 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 purposes 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.
14.2 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.
14.3 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.
15. Limitation of Liability
15.1 The Supplier shall be under no liability whatever to the Customer for any indirect loss and/or 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.
15.2 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 of any duty owed to the Customer in connection with them shall be limited to the amount of the Price.
15.3 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.
16. Customer’s Disclaimer
16.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for 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 judgment.
17.1 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.
17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
17.3 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.
17.4 The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
17.5 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 accept such changes.
17.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.