BARTON PETROLEUM LIMITED STANDARD TERMS & CONDITIONS
1. Barton Petroleum (“the Company”) are only prepared to trade on these terms and conditions.
OFFER AND ACCEPTANCE
The Company’s quotations or offers for supply of goods or services are not capable of acceptance other than on these terms and conditions so that:
(i) If the Customer purports to accept the Company’s quotations or offer but purports to make that acceptance subject to any other terms and conditions or
(ii) Purports to make a counter offer by purporting to accept this offer but on their own terms and conditions then (unless the contrary is agreed in writing by the Company) such acceptance or purported counter offer shall be deemed to have been an acceptance of the offer as if there were no reference in the acceptance or purported counter offer to any other terms and conditions.
ACCEPTANCE OF GOODS
Acceptance of delivery of the goods or services (or part thereof) from the Company shall be conclusive proof that the Customer has accepted these terms and conditions as being the only ones affecting any contract between the Customer and the Company.
Clauses 1, 2 and 3 above are to the intent that there is either:
(i) A contract between the parties on these term or
(ii) There is no contract at all and if the goods are accepted by the Customer this is conclusive proof of a contract on these terms. The Company and Customer have taken into account their respective strength of bargaining position relative to the other and have considered the availability of suitable alternative products and services could be obtained and notwithstanding all such factors agree that they wish to proceed with this contract on these terms and conditions.
We retain the right to impose an abortive delivery charge when we have attempted to deliver the ordered quantity yet have been unable to deliver and have not received prior notification. The Company makes every reasonable effort to meet delivery and service times to suit the Customer but sometimes through circumstances beyond the Company’s control the Company may be unable to meet those requirements. Consequently the Company shall not be liable for any damage or losses whatsoever (including consequential losses) which arise through its inability because of circumstances beyond the Company’s control e.g. strikes, accidents or shortage of materials etc. to supply goods on the times or dates stated.
(i) The Company does not accept responsibility for the measurement of the Customers storage tank by dipping, checking or testing for their capacity on delivery. The Customer is responsible for ensuring that there is sufficient capacity in the storage tanks into which the delivery is to be made to store the fuels being delivered.
(ii) The Company will not be held liable for any spillage and any consequent damage arising therefrom in the event of there being insufficient storage capacity to take the fuels being delivered.
(iii) The Customer shall inspect any fuels supplied immediately on arrival thereof and shall give notice of any claim arising from such inspection of any allegation of deficiency in accordance with the Claim procedure in Clause 7 below. If the Customer fails to give such notice the fuels shall be deemed to be in all respects in accordance with the Customers instructions and the contract.
(iv) For all deliveries made to the Customers paint of delivery the Customer must provide safe and suitable access from public road, bulk storage facilities which also comply with all the local government requirements and the Customer will indemnify the Company against third party claims and all costs or expenses attributable thereto, as well as against any extra cost or expenses incurred by the Company arising from any failure by the Customer to make such provisions.
(v) The measurement of the Company or its agents shall be conclusive as to the quantities delivered.
(vi) If for any reason the Customer mounts any tank wagons used on a delivery then the Customer does so entirely at his own risk,
(vii) Any damages caused by our vehicle whilst off the public highway is the responsibility of the purchaser (for example: manhole covers, drain covers, block paving and tarmac).
(ix) The Company will not be held liable for any environmental damage or costs as a result of leaks from Customers underground storage tanks or underground pipework. Tanks & pipework installed underground cannot be checked by our personnel and their integrity is entirely the responsibility of the Customer at their own risk.
(x) The Company will not be held liable for any damage caused to electronic gates which close on our vehicles whilst entering or leaving a customer’s premises. Electronic gates should be fitted with obstacle recognition technology & remain open whilst vehicles pass through. The Company reserves the right to seek compensation for damage caused to any of its vehicles by electronic gates that close prematurely or are not fitted with obstacle recognition technology.