Standard Terms and Conditions of Sale

1.     In these Standard Terms and Conditions of Sale the following expressions having the meanings set out by each:

                "the buyer"                              the person, firm or company purchasing the Goods

                "the Conditions"                    these Standard Terms and Conditions of Sale

                "Contract"                               an agreement between the Seller and the Buyer by which the Seller agrees to sell the goods

                "the Goods"                           the goods or materials which are the subject matter of a Contract

                "the Seller"                             New Era Oil (UK) Ltd has entered into Contract with the Buyer

2.     The Conditions

a)          The Conditions apply to any Contract and prevail over any terms or conditions, whether in standard form or not, of the Buyer unless in any case, any term or condition of the Buyer is expressly agreed in writing by the Seller to be term of the Contract in that case.

b)          No person has any authority to make on behalf of the Seller any Contract which does not incorporate the Conditions in full and unmodified form or which does not incorporate any term other than one which identifies the Goods, unless such Contract is made in writing.

c)           No person has any authority to make on behalf of the Seller any representation concerning the Goods or otherwise in relation to a Contract and the Buyer acknowledges and warrants to the Seller, that he has not entered into a Contract to which the Conditions apply in reliance upon any representation made by anyone purporting to act on behalf of the Seller.

d)         Any variation of a Contract shall be made in writing and the Buyer warrants to the Seller that in no circumstances will he seek to rely upon any alleged oral variation of a Contract.          

3.     Responsibility

The risk in the Goods shall pass to the Buyer on delivery to the Buyer or to an agent acting on behalf of the Buyer;

(a)            Where delivery of goods is affected by hose, at the delivery end of the hose of the Seller or the Seller's agent or authorised distributor, as the case may be;

(b)            Where the delivery of the Goods is made otherwise than at premises of the Seller or the Seller's agent or authorised distributor as the case may be, when Goods or the package or packaging which the Goods are contained, are offloaded from a vehicle of the Seller, the Seller's agent or authorised distributor, as the case may be;

(c)            Where the delivery of the Goods is made otherwise than by hose at premises of the Seller, the Seller's agent or authorised distributor, when the Goods or the package or packages in which the Goods are contained are loaded onto a vehicle provided by or on behalf of the Buyer.

4.     Payment for the Goods

(a)            Payment for the Goods shall be made not withstanding that property in the Goods has not passed to the Buyer.

(b)            Payment for the Goods shall be made as follows:

I.        On delivery, the amount shown on the Seller's consignment note, on account of price payable the price payable shall be shown on an invoice issued by the Seller to the Buyer and forthwith upon the issue of an invoice relating to the Goods by the Seller to the Buyer the Buyer shall pay any balance due in respect of the Goods.

II.        In any other case, 30 days net from invoice date.

5.     All Goods supplied and the intellectual property therein  remains  the property of the Seller until payment has been received in full

6.     Deliveries in Bulk

Where the road tank wagon is fitted with a metering device, the quantity of fuel delivered is to be ascertained by reference to such meter.  Where no meter is fitted quantity is to be ascertained by measurements of the contents of the Seller's road tank wagons by means of the gauge dip rod provided with each wagon.  The Buyers shall be at liberty to check the correctness of the Seller's calculations and to be represented at the measurement if they so wish, but in the absence of such representation the Sellers shall be entitled to commence delivery and in this case the weight and measurement ascertained by them shall be accepted by the Buyers as correct.  The onus of  responsibility for ensuring that sufficient ullage exists when the Seller delivers any bulk product shall be that of the Buyer. ( The customer will ensure that the delivery will fit into the tank)

7.             The Buyer shall be solely responsible for off loading the Goods for the provision of suitable means and facilities for the reception of the Goods and for the storage after delivery.

8.             The Buyer undertakes to ensure that he and his servants are familiar with the relevant Health & Safety literature required for the sale use, storage and disposal of the products purchased.