These Conditions apply except in so far as where they are inconsistent with any express agreement entered into between the Seller and the Buyer before the delivery and/or provision of service. Acceptance of goods and/or services will be treated as acceptance of the Seller’s conditions.
Business Day: a day other than a Saturday, Sunday or public holiday in the Isle of Man.
Business Hours: the period from 8:00am to 4:00pm on any Business Day.
Buyer: the person or organisation who purchases the goods and/or services from the Seller.
Conditions: these terms and conditions as amended from time to time in accordance with clause 17.3.
Contract: the contract between the Seller and the Buyer for the supply of goods and/or services in accordance with these Conditions.
Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control as set out in clause 6.5.
Goods: the goods (or any part of them) set out in the Order.
Order: the Buyer’s order for the supply of Goods and/or Services as received by the Seller.
Seller: Manx Petroleums Limited, a company registered in the Isle of Man with company number 000495C.
To help you keep track of your balance, we’ll send you an account statement every three months, as well as an invoice after each delivery.
We’ll review your account regularly to help ensure your monthly payments remain on track. If you find that you have a surplus on your Budget Account simply get in touch and will will arrange for it to be refunded.
1. Price: Unless otherwise agreed with the Buyer, the price of the Goods and/or Services will be calculated on the day of delivery. The prevailing price will be made available to the Buyer upon request.
2. The Order constitutes an offer by the Buyer to purchase Goods and/or Services in accordance with these conditions. The Order shall only be deemed to be accepted when the Seller issues written or verbal acceptance of the Order at which point and on which date the Contract shall come into existence.
3. These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate or which are implied by law, trade custom, practice or course of dealing.
4. Any quotation given by the Seller shall not constitute an offer and is only valid on the day of enquiry.
5. The Goods are as described on the Seller’s website or as agreed between the parties at the time of order.
6. Delivery of Goods
6.1 Where the Seller delivers goods in bulk it is the Buyer’s responsibility:
6.1.1 To provide a safe and suitable bulk storage which complies in all respects with all relevant requirements of and/or regulations made by the Isle of Man Government or other competent authority.
6.1.2 To ensure that the storage into which delivery is to be made will accommodate the full quantity ordered and in the case of Motor Spirit goods to provide certification to this effect and also to the effect that the connecting hose is properly and securely connected to the filling point. In this regard the Buyer is referred to the regulations currently in force relating to the storage and use of Motor Spirit.
6.1.3 Where highly flammable products are being supplied by the Seller and where otherwise applicable, strictly to observe any regulation laid down by Isle of Man Government or other competent authority in respect of the avoidance of smoking, naked lights, fires, stoves or heating appliances of any description in the vicinity of the storage of Goods and fill, dip and vent pipes connected thereto.
6.2 The volume of every delivery of Goods shall be gauged by the measuring devices employed by the Seller, which shall be conclusive as to the volume of the Goods delivered. In the event that the Buyer considers there to be a discrepancy the matter shall be referred to the Isle of Man Trading Standards so that they may provide guidance to the parties to settle any dispute.
6.3 The risk of any Goods delivered under these Conditions shall pass to the Buyer as follows:
6.3.1 in the case of any delivery by road vehicle on completion of delivery; and
6.3.2 in the case of barrels or other packages delivered at the time of offloading when the package is removed from the vehicle provided by the Seller for the delivery of such package.
6.4 Delivery of the Goods shall be completed upon the completion of unloading the Goods at the delivery location set out in the Order in accordance with clause 6.1. Any time or date for delivery of the Goods or performance of Services (whether by instalment or not) is a business estimate only and not a contractual obligation and are subject to change.
6.5 If the Goods and/or Services are hindered or delayed by any cause whatsoever beyond the Seller’s (the “Affected Party” for the purpose of this clause 6.5) reasonable control, including but not limited to civil commotion, strikes, lock-outs, shortened hours of labour, cessation of labour, epidemics, war, fire, accidents, defective materials, delays in transit and perils of the sea, rivers or air in the case of imported good failure to arrive safely (Force Majeure), the Affected Party shall not be liable under these Conditions. If the period of delay or non-performance continues for more than six months, the Buyer may terminate this agreement by giving five Business Days written notice to the Affected Party.
6.6 The Seller may at its discretion deliver Goods by instalments, in which case each instalment shall stand as a separate contract.
6.7 The Seller reserves the right to withhold deliveries until all or any outstanding payments of whatsoever nature due to the Seller from the Buyer under this or any other contract have been made.
7. Payment
7.1 Payment by the Buyer in respect of the first Order received by the Seller should be made before delivery. Terms of payment in respect of each further delivery of Goods made under these Conditions shall be made on delivery, or such other terms as may have been previously agreed between the Seller and the Buyer. The Buyer will indemnify the Seller against any damages, claims, expenses or costs which may arise as a result of the Buyer’s non-observance of these Conditions.
7.2 All accounts shall be due for payment upon delivery of the Goods or performance of Services by the Seller under the Contract, unless:
7.2.1 the date for payment is stated on the Company’s invoice or statement, in which case such date shall be the due date for payment;
7.2.2 if the payment date falls on a day other than a Business Day then payment must be made on the Business Day immediately prior to the payment date;
7.2.3 credit has been extended to the Buyer, in which case payment should be made within the agreed credit period.
7.3 Any queries regarding the contract price and/or any invoice must be raised with the Seller in writing within 14 days of the date of the invoice (which shall contain the price). If no queries are raised within this period, the Buyer is deemed to have accepted the invoice in full.
8. Title to Goods
8.1 Title to the Goods shall remain with the Seller until the payment of the total price thereof and any other payments of whatsoever nature due to the Seller from the Buyer whether under this or any other contract.
8.2 During the period from delivery of the Goods to the time of such payment the Goods shall be held by the Buyer for the Seller, but without prejudice to the foregoing the Buyer may use the Goods or (if approved by the Buyer) sell them in the normal course of business.
8.3 Notwithstanding the foregoing provisions of this clause, the Seller may enter and the Buyer hereby authorises the Buyer to enter the exterior of the Buyer’s premises at all reasonable hours and uplift and remove the Goods held for it pursuant to such provisions if the Buyer is in breach of the terms of payment under this agreement.
8.4 The price of the Goods shall be due and payable notwithstanding that the title to the Goods has not passed to the Buyer and the Seller may maintain an action therefore.
9. Buyer’s Obligations
9.1 The Buyer warrants to the Seller that:
9.1.1 The Buyer will provide sufficient information and access to the Seller to allow the Seller to perform the Services and ensure safe delivery of the Goods;
9.1.2 The Buyer maintains equipment suitable to accept delivery of the Goods and Services;
9.1.3 All such equipment (not limited to any fuel tank) is regularly inspected, fit for purpose, in good working order, and is suitable to accept delivery of the Goods ordered;
9.1.4 Where the Buyer specifies the quantity of Goods required, the Buyer’s equipment has sufficient capacity to receive the quantity of Goods ordered.
9.2 The Buyer acknowledges that the Services do not include, and the Seller does not accept any liability for, the inspection, checking, dipping or testing of the Buyer’s tanks or any other equipment required to accept delivery of the Goods. The obligation to ensure the suitability and maintenance of the Buyer’s equipment for the Goods ordered rests entirely with the Buyer.
9.3 The Buyer shall be responsible for ensuring they have sufficient fuel to operate their premises and/or business without interruption (“Down Time”). The risk of Down Time shall remain with the Buyer and it is the Buyer’s responsibility to time the placement of orders with the Seller to avoid Down Time.
10. Liability
10.1 The Seller warrants to the Buyer that it will perform the Services using reasonable skill and care.
10.2 The Buyer shall be liable for, and shall indemnify the Seller against, all foreseeable losses, costs, claims, damages, loss of profits and reasonable expenses arising out of any breach of the Buyer’s obligations under these Conditions, including but not limited to any liability from resulting spillages.
10.3 The Buyer shall have no claim against the Seller for damage or loss of Goods in transit or shortage of delivery unless:
10.3.1 wherever possible, written notice of such damage or loss is given to the carrier of the Goods at the time of delivery; and
10.3.2 such written notice is given to the Seller at Manx Petroleums Limited, Battery Pier, Douglas, Isle of Man, IM99 1DE within seven days of receipt of the Goods.
10.4 The Seller shall not be liable for any indirect, special or consequential and unforeseeable loss suffered by the Buyer, including but not limited to loss of profit, contribution or opportunity.
10.5 To the extent that it can be limited by law, the Seller’s total liability arising under these Conditions or in respect of the Goods and/or Services shall be limited to the contract price.
10.6 Nothing in these Conditions seeks to limit the Seller’s liability for death or personal injury caused by the Seller’s negligence.
10.7 No action or proceedings under or in respect of these Conditions or the supply of the Services and/or Goods shall be commenced against the Seller after the expiry of 1 year following the conclusion or termination of the Services.
11. Kerosene and Gas Oil: In the case of Kerosene and Gas Oil the Buyer undertakes that these oils will not be used as fuel in mechanically propelled vehicles constructed or adapted for use on roads in contravention of the Hydrocarbon Oil Duties Act 1979 and/or amending legislation.
12. Excise Duty: With the exception of Lubricating Oils, prices include Excise Duty at the rate in force at the time of supply. Any variation in the existing duty or any additional taxation over that in place at the time an Order is received is for the Buyer’s account. Excise Duty on Marine Lubricating Oils will be charged separately on invoices if duty drawback is not obtained.
13. VAT: All unit prices are exclusive of Value Added Tax which will be charged, if applicable, at the rate in force at the time of supply.
14. Termination
14.1 Without limiting its other rights or remedies, the Seller may terminate any Contract with immediate effect by giving written notice to the Buyer if:
14.1.1 the Buyer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days of that party being notified in writing to do so;
14.1.2 the Buyer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
14.1.3 the Buyer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
14.1.4 the Buyer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
14.2 Without limiting its other rights or remedies, the Seller may suspend provision of the Goods and/or Services under the Contract or any other contract between the Buyer and the Seller if the Buyer becomes subject to any of the events listed in clause 14.1.1 to clause 14.1.4, or the Seller reasonably believed that the Buyer is about to become subject to any of them, or if the Buyer fails to pay any amount due under this Contract on the due date for payment.
14.3 Without limiting its other rights or remedies, the Seller may terminate the Contract with immediate effect by giving written notice to the Buyer if the Buyer fails to pay any amount due under the Contract on the due date for payment.
14.4 On termination of the Contract for any reason the Buyer shall immediately pay to the Seller all of the Seller’s outstanding unpaid invoices and, in respect of Goods and/or Services supplied but for which no invoice has been submitted, the Seller shall submit an invoice, which shall be payable by the Buyer immediately on receipt.
14.5 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
14.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
15. Notices
15.1.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be: (i) delivered by hand or by pre-paid first class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case);
15.1.2 Any notice shall be deemed to have been received: (ii) if delivered by hand, at the time the notice is left at the proper address; (iii) if sent by pre-paid first class post or next working day delivery service, at 9:00am on the second Business Day after posting; or (iv) if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
15.1.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
16. This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce any of the terms of the Contract.
17. General
17.1 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contact. If any provision of the Contract is deemed deleted under this clause the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
17.2 Entire Agreement.
17.2.1 The Contract constitutes the entire agreement between the parties.
17.2.2 Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
17.3 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
17.4 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
17.5 Governing law. This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of the Isle of Man.
17.6 Jurisdiction. Each party irrevocably agrees that the courts of the Isle of Man shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
17.7 Data Protection. We are committed to being a responsible custodian of the information you provide to us and the information we collect in the course of operating our business. Our Privacy Policy, which is available on our website (see www.mp.im/privacy.html) and on request, sets out how we may collect, use and share information and describes the types of information we may collect, how we protect and safely store the information we collect, your choice and rights, and how to contact us if you require additional information or wish to raise a concern.
17.8 No partnership or agency. Nothing in these Conditions is intended to, or shall be deemed to constitute a partnership or joint venture of any kind between the parties, nor constitute any party the agent of another party for any purpose.
17.9 Complaints. Any complaints should be sent to the Seller using the “Contact Us” form on the Seller’s website, or to Manx Petroleums Limited, Battery Pier, Douglas, Isle of Man, IM99 1DE.