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1.1 “Supplier” shall mean E & J Oil Services Ltd. its successors and assigns or any person acting on behalf of and with the authority of E & J Oil Services Ltd.
1.2 “Customer” shall mean the person or entity described as such on the invoices, quotation, application for credit, work authorisation or any other forms to which the terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Supplier to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the Supplier's website, invoices, quotation, work authorisation, or any other forms as provided by the Supplier to the Customer.
1.5 “Price” shall mean the cost of the Goods as agreed between the Supplier and the Customer subject to clause 4 of this contract.
2. Application of these Terms and Conditions to Consumers
2.1 Where the Customer buys Goods as a consumer these terms and conditions (in particular clauses relating to Disclaimer, Defects, Returns, Warranties, and Limitation of Liability) shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer's statutory rights.
3.1 Any instructions received by the Supplier from the Customer for the supply of Goods and/or the Customer's acceptance of Goods supplied by the Supplier shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Supplier.
3.4 The Customer undertakes to give the Supplier at least fourteen (14) days notice of any change in the Customer’s name, address and/or any other change in the Customer’s details.
4. Price and Payment
4.1 At the Supplier’s sole discretion the Price shall be as indicated on invoices provided by the Supplier to the Customer in respect of Goods supplied..
4.2 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due at the time the Customer places the order for the Goods or on delivery. At the Suppliers sole discretion, Payment for approved Domestic Customers shall be made by instalments in accordance with the Suppliers payment schedule. At the Suppliers sole discretion, Payment for approved Commercial Customers shall be due twenty (20) days following the end of the month of delivery of the Goods
4.3 Payment will be made by credit or debit card, cash or cheque or by any other method as agreed between the Customer and the Supplier.
4.4 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Reservation of Title Clause
5.1 Risk or loss of damage to the products sold to the Customer shall pass to the Customer at the time of delivery but property in such products will not pass to the Customer, AND THE TITLE SHALL REMAIN VESTED IN THE Supplier or his agent until payment in full of the invoice price thereof and all sums due and owing from the Customer to the Supplier or his agent on any account whatsoever, until such time the Supplier or his agent shall be entitled to re-delivery of the products and for the purpose of inspecting or recovering the same, to enter upon any premises where any such products are stored or thought to be stored. If the Customer shall at any time mix such products with similar products of its own, it shall be deemed to dispose of its own products before disposing of any of the Suppliers or his agents.
5.2 It is the intention of the Supplier and agreed by the Customer that ownership of the Goods shall not pass until the Customer has paid all amounts owing for the particular Goods and the Customer has met all other obligations due by the Customer to the Supplier in respect of all contracts between the Supplier and the Customer.
5.3 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Supplier’s ownership or rights in respect of the Goods shall continue.
6.1 If the Supplier retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2 If the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries
7. Safety Regulations
7.1 The Supplier's safety policy is governed by and subject to the provisions of the Safety Data Sheets, copies of which may be requested from the Supplier at any time.
8. Gas/Diesel Oil
8.1 Winter Grade Gas/Diesel Oil is manufactured to a cold temperature plugging point of minus 12°C and a maximum cloud point of 0°C and as such is suitable for use in normal winter conditions in Ireland provided it is not mixed with any oil not meeting the same specifications. Customers should take precautions to protect the equipment in which the oil is stored and used against severe weather conditions, including but not limited to, keeping the equipment/piping in good condition, cleaned and suitably protected and in the case of motor vehicles keeping them garaged when not in use.
9.1 The Customer shall inspect the Goods on delivery and shall within twenty-four (24) hours notify the Supplier of any alleged defect, shortage in quantity, damage, or failure to comply with the description or invoice. The Customer shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from defect or damage. For defective Goods, which the Supplier has agreed in writing that the Customer is entitled to reject, the Supplier's liability is limited to replacing the Goods.
9.2 No defective Goods shall be accepted for return except in accordance with clause 9.1 above.
10.1 The Supplier may (at its discretion) accept the return of non-defective Goods for credit but this may incur a handling fee of 15% of the value of the returned Goods plus any freight.
Returns will only be provided where the:
(a) Supplier has agreed in writing to accept the return of the Goods;
(b) Goods are returned at the Customer's cost within seven (7) days of the delivery date;
(c) Supplier will not be liable for Goods which have not been stored or used in a proper manner;
(d) Goods are returned in the condition in which they were delivered.
11.1 To the extent permitted by statute, no warranty is given by the Supplier as to the quality or suitability of the goods for any purpose and any implied warranty is expressly excluded. The Supplier shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
12. Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
12.1 This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
12.2 Notwithstanding clause 12.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular Sections 12-15), or the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts laws or legislation.
12.3 In particular where the Customer buys Goods as a consumer the provisions of clauses 9, 10, and 11 above shall be subject to any laws or legislation governing the right of consumers.
13. Limitation of Liability
13.1 The Supplier shall be under no liability whatever to the Customer for any indirect loss/expense (including loss of profit or goodwill) suffered by the Customer or any third party arising out of a breach by the Supplier of these terms and conditions.
13.2 In the event of any breach of this contract by the Supplier the remedies of the Customer shall be limited to damages and the Supplier's liability (if any) whether in contract, tort or otherwise in respect of any defect in the Goods, or for any breach of these terms and conditions, or if any duty owed to the Customer in connection with them shall be limited to the amount of the price.
13.3 For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict the Supplier's liability to any person for death or personal injury to that person resulting from the Supplier's negligence.
14. Customer's Disclaimer
14.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for such damages or to claim restitution arising out of any misrepresentation made to the Customer by the Supplier and the Customer acknowledges that the Goods are bought relying solely upon the Customer's skill and judgement.
15. Default & Consequences of Default
15.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at the legal rate.
15.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal costs on a Solicitor and own client basis and the Supplier’s collection agency costs.
15.3 Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Supplier may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier exercised its rights under this clause.
15.2 If any account remains overdue after thirty (30) days then an amount of the greater of 20.00 euro or 10% of the amount overdue (up to a maximum of 200 euro) shall be levied for administration fees which sum shall become immediately due and payable.
15.5 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to meet its payment as they fall due;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors;
(c) a receiver, manager, liquidator (provision or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer
16.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
16.3 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Supplier.
16.2 The Supplier may license or sub-contract all or any parts of its rights and obligations without the Customer's consent.
16.5 The Supplier shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising our of a breach by the Supplier of these terms and conditions.
16.6 In the event of any breach of this contract by the Supplier the remedies of the Customers shall be limited to damages. Under no circumstances shall the liability of the Supplier exceed the Price of the Goods.
16.7 The Supplier reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Customer of such change. Except where the Supplier supplies further Goods to the Customer and the Customer accepts such Goods, the Customer shall be under no obligation to any such changes.
16.8 Neither party shall be liable to any default due to any Act of God, war terrorism, strike, lock out, industrial action, fire, flood, drought, storm, or other event beyond reasonable control of either party.
Updated June 2021