James D Bilsland Ltd
Terms & Conditions
The following words are used within these Terms and Conditions, with the following meanings:
person who has ordered and agreed under the contract to buy any goods or service
James D Bilsland Ltd, (Company No: SC139590)
Sellers domestic, commercial and agricultural products as described in quotation and confirmed in acceptance of the order and formation of the contract between buyer and seller
Agreement of the buyer’s order and seller’s acceptance either written or verbally
The following terms and conditions:
These terms and conditions apply to all contracts between the seller and the buyer. The contract comes into force when the Buyer places an order and the Seller has accepted the order. The quantity and description of the Product or Service is as specified by the Seller when it accepts the Buyer’s order.
3 Pricing and Payment
3.1 The price payable shall be the price agreed for Goods and Services between the Buyer and Seller as stated in the Contract.
3.2 Quoted prices are only valid on the day they are issued unless otherwise stated by the Seller and may be amended or withdrawn prior to the Contract being agreed. When a quote is provided, we will provide it inclusive of any duty, as well as provide the price with and without the VAT component.
3.3 Should your delivery be subject to a delivery charge, you will be told this prior to placing an order.
3.4 In the instance of an aborted delivery, the Seller reserves the right to apply an aborted delivery charge in the event that the Seller is unable to deliver through circumstances controlled by the buyer.
3.5 Our minimum bulk fuel delivery is 500 litres and should we be unable to deliver this quantity due something that may or may not be within you’re control e.g. not enough storage in your tank, then we may, at our option, charge a premium price per litre for quantities under this volume, typically this is 0.50ppl addition on top of the agreed contracted price. Bulk Wood Pellets and Wood Chip have a minimum delivery of 3 tonnes, and for the same reasons above, should the delivery fall below this then a surcharge of £80.00 will be incurred.
3.6 Where you are purchasing online, we ask you to pay for your Goods when the order is placed.
3.7 All accounts are payment on ordering unless agreed otherwise, with payment terms clearly stated on the VAT invoice. Late payment of an invoice will render the whole account as falling for immediate payment. Interest will be applied to all overdue domestic customer balances at a rate of 3% above the Bank of England’s base lending rate. Commercial customers will be subject to the Late Payment of Commercial Debts (Interest) Act 1998.
3.8 The Seller may withdraw or limit any credit given to the Seller on such notice that the Seller deems fit.
3.9 Any overdue accounts may be passed to a third party for further debt recovery action. The Seller reserves the right to charge to the Buyer all costs, charges or expenses which may be incurred or involved in the collection of any account should the account become overdue for payment.
3.10 Late payment may result in the Seller cancelling or suspending any delivery of goods or services without prior notice.
3.11 An administration charge of £10 plus VAT will be made for each returned payment, Direct Debit or Cheque.
4 Delivery, Storage and Use
4.1 The Seller will deliver to the delivery address that the Buyer has provided as the delivery location at the point of ordering. Delivery is deemed as completed once the Goods are off loaded from the delivery vehicle.
4.2 It is the Buyer’s responsibility to provide and maintain storage for bulk fuels that complies with all current and future regulations and legislation. Should the storage tanks or associated equipment cause environmental pollution as a result of a leak, the Buyer is solely responsible for all costs relating to this and for ensuring the storage tank and/or associated equipment is replaced or rectified and the environmental area is returned to the standard required by the relevant authority.
4.3 In accordance with the Hydrocarbon Oil Duties Act 1979, the Buyer commits to not using Gas Oil and Kerosene as Road Fuel.
4.4 All reasonable commercial steps will be taken to meet any quoted delivery dates and estimated times. The Seller will not be liable for any costs, loss or expenses to the Buyer as a result of any delivery delay.
4.5 The risk in relation to every product shall pass to the buyer immediately upon delivery. The Buyer is responsible for ensuring clear and safe access for deliveries to commence and that all storage meets with current and future regulations.
4.6 The delivery may be terminated or delayed if the Seller believes that unsafe conditions exist, until we are satisfied that it is safe to proceed.
4.7 The quantity of Goods delivered will be ascertained when either the order is dispatched, or if it is a bulk fuel delivery, when it is delivered into the storage vessel. The measurement of the Goods will be done with the Sellers own measuring devices and is conclusive proof of the volume delivered.
4.8 The Buyer is responsible for ensuring that there is sufficient ullage in the storage vessel for the quantity ordered by the Buyer.
4.9 For Wood Pellet deliveries, as per ENplus requirements a sample of the Goods are taken at the loading point to enable verification of conformance. The Seller will only use this sample as conclusive evidence of the quality conformance. The Seller has no influence on the condition of the storage vessel and will not be liable for damages occurred during the blow-in process. Due to the nature of the goods, fines do build up and it is recommended that a complete emptying and cleaning of the storage vessel occurs every second delivery. The Seller will not be liable for any costs or expenses suffered by the Buyer as a result of fines.
4.10 Goods on pallets and in bags will be delivered to kerbside, it is the Buyer’s responsibility to move these to a suitable location.
5 Title & Risk
5.1 The risk in relation to Goods shall pass to the Buyer immediately upon delivery.
5.2 The Seller shall retain the title to the Goods until the Seller has received payment in full.
5.3 Until the title and ownership of the product passes to the Buyer, the Buyer must store and keep the Goods separate to other Goods owned by the Buyer and ensure that it is kept safe, secure and maintained in satisfactory conditions.
5.4 Until the title to the Goods has been passed to the Buyer, the Seller, it’s employees or agents may at any time re-take possession of the Goods in such a way that it thinks fit, including entering any premises of the Buyer where the product is located to remove it.
5.5 The Seller will not supply any Products on a sale or return basis.
5.6 The Buyer’s right to possession of the Product shall terminate immediately if; the Buyer (being an individual, or in the case of the Buyer being a partnership or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, then any individual partner, individual member or individual designated member) has entered into sequestration, has signed a trust deed for the benefit of his creditors or has agreed an arrangement or composition with his creditors or becomes apparently insolvent, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part of it, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.
6 Additional Important Information
6.1 Neither the Seller or the Buyer shall be responsible for any failure or delay in performing their obligations under the contract due to events which are out with all reasonable control (force majeure).
6.2 The Seller reserves the right to revise and amend the terms and conditions, and the Buyer will be subject to the terms and conditions that are in force at the time the contract is formed.
6.3 All Goods and Products supplied by the Seller will be of sound satisfactory quality within the meaning of the Sale of Goods Act 1979.
6.4 The Seller reserves the right to conduct credit checks on the Buyer through a Credit Reference Agency who will keep a record of that search.
6.5 Nothing in this Contract shall limit or exclude the Sellers liability for death or personal injury caused by it’s negligence, or the negligence of it’s employees, agents or subcontractors or fraud or fraudulent misrepresentation.
6.6 The Seller shall under no circumstances be liable to the Buyer, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any interdict or consequential loss arising under or in connection with the contract.
6.7 The contract is governed by Scots Law. The courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract.