Terms and Conditions of Sale |
TOTAL BUTLER Terms and Conditions of Sale (‘the Conditions') Please note that clauses 10.1, 10.2 and 10.4 will not apply to domestic Buyers. These Conditions apply to the sale and delivery of any products (‘the Products') by TOTAL BUTLER, a trading division of Total UK Limited, (Co Reg Number 553535), with registered office at 40 Clarendon Road, Watford, WD17 1TQ, VAT No GB232648173 (‘the Seller') (or its successors or assignees) to a purchaser (‘the Buyer'). The Buyer shall ensure that he reads and understands these Conditions before he submits an order because the Buyer will be bound by the Conditions once the order is submitted to the Seller. The Buyer acknowledges that for orders made on-line through the website www.totalbutler.co.uk, or by telephone or by any other electronic means the transactions made through it are subject to these Conditions, the Total's Website Terms and Conditionsand the Privacy Policy all available in the above website (together the “Documents”). The Seller has the right to revise and amend the Documents from time to time. These Conditions do not affect the Buyer's statutory rights under the Sale of Goods Act 1979, the Consumer Protection (Distance Selling) Regulations 2000, the Consumer Protection Act 1987 and any other regulations applicable when the Buyer is acting as a consumer (within the meaning of the Unfair Contract Terms Act 1977). Orders placed on-line: The Buyer will receive an e-mail from the Seller acknowledging that the Seller has received the Buyer's order. For the avoidance of doubt, this confirmation does not constitute acceptance of the Buyer's order. The Buyer's order constitutes an offer to the Seller to buy a Product. All orders are subject to acceptance by the Seller. There will be no contract between the parties unless and until the Seller actually dispatches the Products to the Buyer. The contract between the parties (“Contract”) will only be formed at the time that the goods are dispatched (and not before) unless Seller has notified the Buyer by letter or by email that it does not accept the order or the Buyer has cancelled it. The Seller does not keep details of the order so that the Buyer can subsequently access directly on the website. Therefore the Buyer should print out these Conditions, the remaining Documents and the order acknowledgement for his own records. The Seller accepts orders from Buyers resident in Great Britain only (excluding the Channel Islands, the Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses and Northern Ireland) (the “Territory”). The Seller cannot accept orders from individuals outside the Territory. 1. Price: 1.1. Unless otherwise agreed in writing by the Seller and the Buyer, all Products delivered to the Buyer will be invoiced at the price current on the day of delivery. The price is exclusive of any applicable value added tax which will be charged to the Buyer. 1.2 For purchases made on-line through the Seller's website: 1.2.1 The Buyer may obtain a quotation for a specific amount of Product on a given day (the “Day of Quotation”). The quotation so obtained remains valid until midnight (12.00 pm) of the Day of Quotation. However if the Buyer requests a new quotation for the same Products (the Later Quotation) before midnight of the Day of Quotation the Later Quotation shall replace any early quotation(s) and the price may vary. 1.2.2 The Seller is under no obligation to provide the Product to the Buyer at the incorrect (lower) price, even after the Seller has dispatched the Product, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by Buyer as a mis-pricing. If the Seller discovers an error in the price of the Products it will inform the Buyer as soon as possible and it will give the Buyer the option of reconfirming the order at the correct price or cancelling it. If the Seller is unable to contact the Buyer, the Seller may treat the order as cancelled. 1.2.3 The price online, on the phone or by any other electronic means which is given in pence per litre is exclusive of any applicable value added tax (VAT) which will be charged to the Buyer when he places an order with the Seller. Therefore any total amount to be paid by the Buyer for a given order will include VAT and any other charges such as credit card charges. 1.3 Unless otherwise agreed in writing delivery shall be made free of charge. 1.4 The Buyer acknowledges that the use of a credit card for payment of Products will incur a charge which shall be added to the total amount to be paid for by the Buyer. The current charge is the greater of £5.00 plus VAT or 1.5% plus VAT of the total price for the amount of the Product required. 2. Payment: 2.1. The Seller may invoice the Buyer for the price of the Products before, on or at any time after delivery of the Products, unless the Products are to be collected by the Buyer (for commercial Buyers only) or the Buyer wrongfully fails to take delivery of the Products, in which event the Seller shall be entitled to invoice the Buyer for the price (if the Buyer is a commercial Buyer) or all reasonable costs incurred by the Seller (if the Buyer is a consumer) at any time after the Seller has notified the Buyer that the Products are ready for collection or (as the case may be) the Seller has tendered delivery of the Products. 2.2. Except as otherwise provided for in writing between the parties, payment is due on the date specified in the invoice and time for payment of the price shall be of the essence. 2.3 The Seller reserves the right to charge domestic Buyers interest (both before and after any judgement) on overdue accounts at the rate of 4% above Barclays Bank Plc base rate as published and varied from time to time until payment in full is made. The Seller reserves the right to charge commercial Buyers interest and compensation (both before and after any judgement) on overdue accounts under the Late Payment of Commercial Debts (Interest) Act 1998, as supplemented by the Late Payment of Commercial Debts Regulations 2002. 2.4. If any Direct Debit mandate is cancelled by the Buyer or a Direct Debit collection or cheque is returned unpaid by the Seller's bank the whole amount of the account(s) of the Buyer shall automatically become due and payable immediately. Interest as provided in clause 2.3 will also become payable with immediate effect. 2.5 Without limiting any other remedies or rights the Seller may have, if the Buyer does not pay on time, the Seller may cancel or suspend any other outstanding order until the Buyer has paid the outstanding amounts. 2.6. The Seller reserves the right to assign any outstanding debts to a debt recovery agency. All outstanding debts of the Buyer at the point of assignment will be transferred. Any additional costs incurred by the Seller will be added to the Buyers account. 2.7 All cards payments made online are operated by a secure server. All the Buyer's details are encrypted for security. The Seller does not store the Buyer's card details, therefore the Seller will ask for them every time an order is placed. 2.8 Because of the higher cost of processing credit card transactions, the Seller charges a fee on all purchases paid for by credit card as set out in Condition 1.4 above. There is no extra payment if Buyer uses a debit card to pay the Product. 2.9 The Buyer must ensure that the card's expiry date expires after the anticipated dispatch date of the order. The Seller will be unable to fulfil the order if the payment card has expired. 2.10 In certain circumstances such as, but not limited to, for example, when there is a new online Buyer, the Seller may request that the Buyer pays for the Products in full and cleared funds before delivery of the Products takes place. 3. Quantity: 3.1. Where the Products are delivered in bulk through hose, the quantity shown by any measuring device the Seller employs shall be accepted by the Buyer in the absence of manifest error. The Seller cannot accept any responsibility whatsoever for discrepancies in any of the Buyer's measuring devices. The Buyer shall be at liberty to verify the Seller's measurement of quantity for the delivery but in the absence of such verification request the Seller shall be entitled to commence delivery and the measurement or quantity ascertained shall be accepted by the Buyer as correct. The Buyer agrees that his acknowledgment of receipt of the Products or the certificate of the Seller's employee, servant, or agent that the agreed amount of Products has been delivered is conclusive evidence of such delivery and any dispute by the Buyer must be notified to the Seller in writing within 48 hours of such delivery. 3.2. Neither the Buyer nor any of his representatives may mount any vehicle used by the Seller for the delivery of the Products and the Seller shall be entitled to stop the delivery in such an event. The Buyer shall provide safe access for the vehicle of the Seller or its agents between the public highway and the actual delivery point. The Buyer shall indicate to the Seller the correct fill point. The Seller shall not accept responsibility for dipping, checking or testing the Buyer's tanks. 3.3. In the absence of the Buyer or any of his representatives the Seller may, at his discretion, make the delivery. The Buyer's representative must be a person aged 18 years old at least. A representative of the Seller (if present) will be required to state the quantity delivered as shown by the Seller's measuring devices. Such quantity will be recorded on the Delivery Ticket left on the premises of the Buyer. Any dispute on the quantity so recorded as being delivered must be notified in writing within 48 hours of the said delivery. 4. Risk and property: 4.1. Risk of damage to or loss of the Products shall pass to the Buyer: 4.1.1 In the case of Products to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Products are available for collection; or 4.1.2 In the case of Products to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Products, the time when the Seller has tendered delivery of the Products. 4.2. Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Conditions, the property in the Products shall not pass to the Buyer until the Seller has received in a cleared funds payment in full of the price of the Products agreed to be sold by the Seller to the Buyer for which payment is then due. 4.3. Until such time as the property in the Products passes to the Buyer, the Buyer (being a commercial Buyer) shall hold the Products as the Seller's fiduciary agent and bailee, and shall keep the Products separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property. 4.4. Notwithstanding clause 4.3, the Buyer (not being a domestic Buyer) may resell or use the Products in the ordinary course of its business (in which case the proceeds of such sale or use shall belong to the Seller). 4.5. Until such time as the property in the Products passes to the Buyer (and provided the Products are still in existence and have not been resold), the Seller may at any time require the Buyer to deliver up the Products to the Seller and, if the Buyer (being a commercial Buyer) fails to do so forthwith, enter on any premises of the commercial Buyer or any third party where the Products are stored and repossess the Products. 4.6. Until such time as the property in the Products passes to the Buyer, if the Products are mixed with any Products which are the property of the Buyer, the product thereof shall become and/or shall be deemed to be the sole and exclusive property of the Seller limited to the value of the Products which are supplied by the Seller to the Buyer. If the Products are mixed with any Products the property of any person other than the Buyer, the products thereof shall become or shall be deemed to be owned in common with that other person. 4.7. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable. 5. Delivery: 5.1. Products are subject to availability. Where the Products are delivered in bulk through hose, delivery shall be deemed to take place and risk to have passed to the Buyer when such Products pass from the vehicle's permanent hose pipe connection (or, in the case of delivery by road tanker, from any hose pipe of the Seller attached thereto). In all other cases delivery shall be deemed to take place and risk to have passed to the Buyer on transfer of possession of such Products to the Buyer or its agent. 5.2 For domestic Buyers, the Seller shall deliver the Product within a reasonable time in accordance with the consumer's statutory rights. 5.3 Any dates quoted for delivery of the Products online, on the telephone or by any other electronic means are estimates only and they can be subject to change, for instance in period of high demand or in case of force majeure events as defined in Condition 8 below. The Seller shall not be liable for any delay in delivery of the Products except where the delay is caused by Seller's failure to comply with these Conditions or by an event beyond the Buyer's control. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Buyer shall accept delivery at any time during normal business hours. A variation in the supply of up to 10% more or less than the order shall be accepted. 6. Separability: 6.1. Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated. 7. Safety: Where the Seller delivers in bulk it is the Buyer's responsibility: To provide a safe and suitable bulk storage which complies in all respects with all statutory requirements of and/or regulations made by any competent authorities. To ensure that the storage into which delivery has to be made will accommodate the full quantity ordered and delivered and in the case of Petroleum Spirit to provide the Seller with certification to this effect on request, and also to the effect that the connecting hose is properly and securely connected to the correct filling point. 7.1.3. Where the Dangerous Substances (Conveyance by Road, Tanker and Tank Containers) Regulations 1981 (‘the Regulations') and/or any regulations amending or replacing the same apply, the Buyer shall ensure that such regulations are complied with before and during delivery and in particular shall ensure the strict observance of regulation 20(1) and Schedule 4 of the Regulations. 7.1.4. In the case of Petroleum Spirit, the Buyer will observe all the conditions of his/her Petroleum Spirit Storage Licence if any and will not allow any smoking, naked lights, fires, stoves, or heating appliances of any description in the vicinity of the storage and the fill dip and vent pipes connected thereto. 8. Force Majeure: 8.1. The Seller shall not be liable to the Buyer or be deemed to be in breach of contract if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which are not within the Seller's immediate control (including but not limited to labour difficulties of any sort, war or hostilities, fire, flood and other acts of God, accidents, breakdown of equipment, road traffic problems, compliance with any order or request of any national, provincial port or any other public authority or any other person purporting to act for such authority, including but not limited to rationing allocation or priority orders or requests and failure of the Seller's existing or contemplated sources of supply and if by any such circumstances the Seller is at any time delayed or hindered in delivering or prevented from delivering the full quantity of the Products to which the invoices relates, the Seller shall be at liberty to withhold, reduce or suspend deliveries to the Buyer to such an extent as the Seller in its absolute discretion may think fit). The Seller shall not in any such circumstances be liable to acquire, by purchase or otherwise, additional products from other suppliers or to compensate the Buyer in the event of the Buyer purchasing alternative products from other suppliers at a higher price. 9. Waiver: 9.1. No waiver by the Seller of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions. 10. Credit Scoring (NB for information only) 10.1. The Buyer authorises the Seller to make searches against the Buyer at credit reference agencies who will supply the Seller with credit information, as well as information from the Electoral Register. The agencies will record details of the search whether or not an application proceeds. Seller may use credit-scoring methods to assess an application and to verify the identity of the Buyer. Credit searches and other information which is provided to Seller and/or the credit reference agencies, about the Buyer and those with whom the Buyer is linked financially may be used by the organisation and other companies if credit decisions are made about the Buyer, or other members of his/her household. This information may also be used for debt tracing and the prevention of money laundering as well as the management of the Buyer's account. 10.2. Information held about the Buyer by the credit reference agencies may already be linked to records relating to one or more of the Buyer's partners. For the purposes of this application the Buyer may be treated as financially linked and the Buyer's application will be assessed with reference to any “associated” records. 10.3. Where the Buyer borrows or may borrow from the Seller, the Seller may give details of the Buyer's account and how they manage it to credit reference agencies. If the Buyer borrows and does not repay in full and on time, the Seller may tell credit reference agencies who will record the outstanding debt. 10.4. The Buyer has the right of access to its personal records held by credit and fraud agencies. The Seller will supply their names and addresses upon request to TOTAL BUTLER, FREEPOST GL1876, Credit Control, County House, Bayshill Road, Cheltenham, GL50 3BA. 11. Liability 11.1. Subject as expressly provided in these Conditions, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 11.2. Except in respect of death or personal injury caused by the Seller's negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for a) loss of profit or contracts or, otherwise, for any indirect, special or consequential loss or damage, costs, expenses (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Products (including any delay in supplying or any failure to supply the Products) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Products, except as expressly provided in these Conditions. 11.3 Delivery guarantee - (Top Up customers only): The Seller will make every effort to ensure your tank never runs empty but in the unlikely event that this happens through our own failure, we will reimburse your direct losses suffered, up to a maximum of £50 in total. 12. Amendments, Cancellation and refunds 12.1 The Buyer must check that the details in the order are complete and accurate before he commits to the contract. If there is a mistake the Buyer shall inform the Seller immediately. 12.2 At any time before the Products are dispatched by the Seller, the Buyer may amend or cancel an order by providing the Seller written notice or by telephone. In this case the Buyer's liability to the Seller shall be limited to payment to the Seller of all costs reasonably incurred in fulfilling the order until receipt of the amendment or cancellation, except that where the amendment or cancellation results from Seller's failure to comply with these Conditions the Buyer shall have no liability to the Seller for it. 12.3 If the Buyer has already paid for the products, any refunds will be made by the Seller, at Seller's option, in the same manner as the original payment was made by the Buyer. 12.4 Any cancellation of a Direct Debit instruction by the Buyer must be notified in writing to the Seller immediately. 12.5 The Buyer cannot cancel an order after the Products have been dispatched by the Seller. 12.6 Except if the Product is defective, the Product that has already been delivered into the Buyer's tank cannot be returned to the Seller. If the Buyer suspects that the Product is defective he shall inform the Seller as soon as possible and no later than 24 hours from the time he knows or ought to know of the alleged defect. The Seller shall examine the Product and the Buyer shall allow the Seller access to his premises to take samples of the Product if necessary. The Seller shall bear any costs related to the uplifting of the defective Products. If the Buyer has already paid for the Products, the Products returned will be refunded in full or replaced. Any refunds will be made by the Seller, at Seller's option, in the same manner as the original payment was made by the Buyer. These Conditions apply to any replacement Products supplied by the Seller. 13. General: 13.1. All notices given by the Buyer to the Seller must be given in writing to the Seller's registered address. The Seller may give notice to the Buyer at either the e-mail or postal address provided by the Buyer. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 13.2. If any provision of these Conditions it is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected. 13.3 The Buyer shall not assign the contract or his rights and obligations thereunder. The Seller may transfer all or any of its rights and obligations under these Conditions. 13.4 These Conditions and any other Document expressly referred to in them represent the entire agreement between the Seller and the Buyer in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between the Seller and the Buyer, whether oral or in writing. 13.5 The Parties each acknowledge that, in entering into a contract, neither of them has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between them prior to such contract except as expressly stated in these Conditions. 13.6 Neither of the Seller or the Buyer shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions. 13.7 A person who is not party to these Conditions shall not have any rights under or in connection with them under the Contracts (Right of Third Parties) Act 1999. 13.8 The contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts. Health and Safety at Work Act 1974 (Warning to Users) This act requires that all suppliers advise their customers of the safety and handling precautions to be observed. To store motor spirit you must comply with the Petroleum Consolidation Act (1928) and obtain a licence. • Store motor spirit only in an approved tank or container. In the Event of Spillage or Leakage Occurring • If motor spirit contact the emergency services. In the Event of Fire • Call the emergency services immediately. Please click here, to view our Legal Notice Version dated 10 March 2010 |