1.1 At the Suppliers sole discretion delivery of the Goods shall take place when the Customer takes possession of the Goods at the Customer's address (or at a third party's address nominated by the Customer (which shall be deemed to be the delivery to the Customer for the purposes of this agreement)).
1.2 Unless specified otherwise by the Supplier, the costs of the delivery are included in the Price.
1.3 In the event the Customer requires delivery at an address outside the Suppliers delivery area, the Customer should contact the Supplier prior to placing the order to confirm the Supplier delivers to the area required by the Customer.
1.4 The Customer shall make all arrangements necessary to take delivery of the Goods when they are tendered for delivery. In the event the Customer is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery.
1.5 The Customer shall be responsible for ensuring there is sufficient capacity in the tank and/or storage facility designated by the Customer, their employee, or agent to take full delivery of the Goods. In the event that the Customer is unable to take full delivery for any reason (including, but not limited to insufficient storage), the Supplier shall be entitled to charge a reasonable fee for redelivery. In the event the delivered quantity of Goods is less than the quantity ordered, then the Supplier may (at its sole discretion) apply a credit to the Customer's account subject to a reasonable re-stocking fee.
1.6 The Supplier shall offload their delivery into the tank and/or storage facility designated by the Customer, their employee or agent. The Supplier shall not be liable for any claims, loss, or damage whatever consequential to the Goods being offloaded into the wrong tank.
1.7 The Supplier shall not be liable for any loss or damage caused in accessing the delivery site beyond reasonable control of the Supplier (including, without limitation, damage to pathways, driveways and concreted, paved or grass areas).
1.8 Goods will be delivered from the kerbside adjacent to the delivery site via the hose and pump. If at the Customer's request, the delivery vehicle leaves the road and enters the Customer's property to unload, the Customer is responsible for providing suitable and safe access for the Supplier's delivery vehicle and agrees to indemnify the Supplier and its agents for all damage and injury to any person and to any public or private property which may result, including any costs associated with enabling the delivery vehicle to leave the property.
1.9 The Customer agrees to ensure the delivery site complies with Health & Safety Regulations and not to allow any smoking or naked lights nor permit any stoves, electric or gas heaters, radiators, or any other kind of naked flame to function in proximity to a tank or inlet pipe into which a delivery is being made or a vent pipe connected to such tank and will indemnify the Supplier against any damages, injuries, claims or costs arising out of breach of this condition.
1.10 The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated.
1.11 The Supplier shall not be liable for any loss or damage whatever due to failure by the Supplier to deliver Goods (or any of them) promptly or at all.
2. Customer Responsibility
2.1 It is the Customer's responsibility to ensure that their oil storage tank is free from sludge, dirt, particles, or any other foreign bodies which, if present, may be disturbed during a delivery by the Supplier causing it to disperse into the fresh oil delivered by the Supplier. The Supplier will accept no responsibility whatsoever for any loss or damage to injector pumps or any other goods or equipment belonging to the Customer or third party due to the displacement of sludge, dirt, particles, or any other foreign bodies during or subsequent to a delivery.
2.2 It is the Customer's responsibility to ensure that the Supplier delivers the Goods into the correct storage tank. The Supplier will not be liable in any way whatsoever for any claims, loss or damage including, but not limited to loss of product incurred by the Customer as a result of fuel being pumped into the incorrect storage tank.