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Terms & Conditions
Terms of use
General Conditions of Sale
These Conditions apply except so far as they are inconsistent with any express agreement entered into between the Seller and the Buyer before the delivery.
- All products supplied are chargeable at the sale price ruling on the date of delivery. Such price shall reflect any tax, duty or other imposition in respect of the products (other than Value Added Tax). Value Added Tax, if applicable, will be charged separately.
- Payment for supplies will be effected by cash on delivery or in accordance with terms established from time to time by the Seller. Interest on overdue amounts shall be payable at 3% above the base lending rate of the Seller’s Bankers.
- Risk in the products shall pass to the Buyer on delivery but title to the products shall remain in the Seller until payment therefore in full has been received by the Seller.
- Notice of any claim for damage, defect, variance of quality or description, or shortage in quantity shall be given by the Buyer in writing to the Seller within three days after the goods are delivered or in the case of non-delivery of the whole of the consignment within three days after receipt of invoice and such notice shall state where and when the goods may be inspected by the Seller. The giving of such notice shall be a condition precedent to any such claim and in respect of such damage, defect, variance or shortage the Buyer shall be liable to pay for the full quantity of the goods to which the invoice relates.
- Subject to Clause 4, the Seller will replace at its own expense any products which differ in quality or description on delivery from the products agreed to be sold. All other warranties and conditions expressed or implied by statute or otherwise are excluded and the Seller shall not be further liable in respect of injury loss or damage consequential upon the sale or delivery of the products.
- The Seller shall not be responsible for any failure to make deliveries if fulfilment has been delayed, hindered, or prevented by any circumstances whatsoever which are not within the Sellers immediate control.
- If the Buyer defaults on payment of monies due, the Seller shall have the right to enter upon any premises where the products are located and take possession of and remove the same.
- No agent or employee of the Seller is permitted to alter or vary these Conditions in any way unless expressly authorised to do so by the Seller. If the Buyer fails to adhere to these conditions, the Seller shall be entitled to stop further deliveries under accepted or partly completed orders.
- The Seller does not accept responsibility for the dipping, checking or testing of the Buyer’s tanks. This, together with the obligation to see that the truck operator couples up with the correct feed on the Buyer’s tank, rests entirely with the Buyer. The Buyer shall also be responsible for ensuring that the storage into which the delivery is made will accommodate the full quantity ordered.
- The Seller’s measure of quantity shall be accepted by the Buyer and in the case of re-heating oil it shall correct at standard litres at 15ßC., the Seller’s reading of which shall be conclusive. The Seller does not accept any responsibility for discrepancies in the Buyer’s tanks, dip rod or other measuring devices. It is a condition of every bulk sale that the quantity shown by the Seller’s dip rod or other measuring device employed shall, for the purpose of accounts, be accepted by the Buyer as the quantity delivered. The Buyer may be represented at the taking of the measurements in order to verify them if he so desires. If on delivery the Buyer or any representative of the Buyer, whether or not for the purpose of verifying the Seller’s measurements of quantity for the delivery, mounts any tank used on that delivery, the Buyer or his representative shall do so at his own risk, and the Seller accepts no responsibility therefore.
- All products supplied are sold exclusively for the Buyer’s own use and shall not be resold transferred or disposed of by the Buyer to any other person private or commercial unless the products were supplied by the Seller to the Buyer specifically for resale.
- The Buyer will strictly observe all the conditions of his Petroleum Storage Licence (if any) and all statutory and other legal requirements imposed upon the Buyer in respect of the receipt, storage and use of the products, and will not permit smoking or naked lights nor electric or gas fires or radiators near to a tank or inlet pipe into which a delivery of any petroleum product is being made or a vent pipe connected to such tank and will indemnify the Seller against any damages, claims or costs arising out of any breach of this clause.
- No products obtained from the Seller will be used as a fuel in mechanically propelled vehicles constructed or adapted for use on the roads in contravention of the Hydrocarbon Oil (Customs & Excise) Act 1971 and/or amending legislation.
Product Safety
In normal use, fuel oil is safe, but please observe the following precautions:
- This product supplied is FLAMMABLE, and in the event of fire, a CO2, foam or dry powder extinguisher should be used. DO NOT USE WATER as this could spread the fire.
- Avoid handling the product: if splashed onto the eyes or swallowed, seek immediate medical assistance.
- This product should be stored in a properly constructed, installed and maintained tank.
Payment
- TO PAY BY POST
Cheque Should be crossed and made payable to ‘Emo Oil’. Please enclose remittance advice slip (found at the bottom of your invoice/statement) as this clearly shows both your customer account number and the relevant invoice number. Do not send cash allow seven days for postal payments to credit your account. - DIRECT DEBIT
If you already pay by Direct Debit please ignore the invoice, if not and you would like to take advantage of this convenient and efficient payment method please call us on 028 90848586 or email us at maxoldirectenquiries@emooil.com - TO PAY BY CREDIT CARD
Please click here or contact us on Tel: 028090848586
Second Order Code
- The code must be quoted at point of order either on phone or website.
- The offer may only be used once and for the original account of the first order.
- This offer is only available on the second order, not on any future orders.
- The free gift will not be given alongside any other offers or promotions.
- No price matching will be given with the free gift offer.
- The gift will be sent out within 6 weeks of ordering.
- No cash alternative will be given.
- Fuel Services are not responsible for services provided by any 3rd party service providers of free gifts.
Text Service
- This DCC Energy Limited SMS/Text service (the “Service”) is owned, operated and made available by DCC Energy Limited, 111 Airport Road West, Belfast, BT3 9ED subject to these Standard Conditions of Use.
- By using the Service, You the customer and user of the “Service” are deemed to have accepted these terms and conditions.
- This is NOT a subscription service therefore messages received will be determined by the customer. An automated response is only sent after the customer uses the service. Then one more to confirm delivery address, volume and price.
- The Service is only open to residents of the United Kingdom, Channel Islands and Isle of Man.
- The service is open from 18th February 2008 and can be accessed anytime.
- Customers send a text from their mobile phone to 81025 detailing the Maxol Direct, Emo, Fuel Services, Kanes or Cawoods account number or customer name and address (address being that which the delivery is to be made to) with the volume of oil required. Once this information is received customers will be sent a text alert detailing delivery date and price.
- Messages sent within business hours will be responded to immediately. However orders out of hours will be responded to first next business day.
- Business Hours: Monday – Friday: 08:00 – 17:30 Saturday: 09:00 – 13:00
- The cost of each text alert sent to the customer is a maximum of 25p plus standard network charges. The total cost will therefore be dependent on the customer’s network.
- Charges for the service will be deducted from the user’s available credit time if they are a pre-pay customer or appear on their monthly statement if they are a pay monthly customer. Once the customer has submitted their text they will be charged for the use of the Service.
- Please ensure that you have the bill payer’s permission before using the Service.
- Customers may be able to use the Service from outside the UK (although entry is restricted to UK residents and UK registered mobiles) but charges will depend on the relevant service provider’s international text message rates.
- The Service Provider is not responsible for network, telephone line or communication failures of any kind. The Service Provider will make reasonable endeavours to ensure uninterrupted supply of the Service but will be under no liability to the user of the service for any error in, or delay in, or failure in transmission of the Services.
- The Service Provider shall not be responsible or liable to the user of the Service for any loss, damage or expenses incurred directly or indirectly by the user of the Service as a result of any difficulties experienced by the user’s cellular phone service provider.
- All personal data will be held in accordance with the Data Protection Act of 1998. Any personal data you supply to the Service Provider will only be used and retained by the Service Provider. By using the Service you agree to the Service Provider using your personal data for the purposes reasonable associated with the provision of the service to you. Personal data will only be disclosed by the Service Provider to your network service provider or where disclosure is required by an applicable regulatory or government body or where we are required by law to disclose this information.
- If you do not receive messages you should inform us through Customer Services by sending an e-mail to maxoldirectcustomerservices@energyni.com
- Subject to the constraints described above, The Service Provider will carry out the Services(s) with reasonable care and skill. This does not affect any other statutory rights you may have as a consumer.
- Premium rates services are covered by PayPhonePlus which can be found at www.phonepayplus.org.uk
DIAMOND ACCOUNT - Budget Payment Scheme
1. In these Terms and Conditions of trading:
i. “The Company” means Maxol Direct and/or its successors, assignees, sub-contractors and authorised agents acting within the terms of their agency agreement.
ii. “The Customer” means any person or persons who shall order or buy the Goods or Services for home use only.
iii. “The Goods” means the Goods and/or Material supplied or sold by the Company to the Customer in accordance with the terms of any individual contract.
iv. “The Services” means any services provided by the Company in accordance with the terms of any individual contract.
v. “Order” means any order placed for the Goods or the Services.
vi. “Conditions” means the Terms and Conditions of Trading set out in this document together with any amendments from time to time made and notified in writing and any special additional terms expressly agreed in writing by the Customer.
vii. “Diamond Account” means an agreement set up between the Customer and the Company. If the credit balance on your account does not cover the value of your order, we will ask you to pay the shortfall in cash to the driver or card payment in advance to the Sales Team.
2.
i. Unless otherwise expressly agreed in writing by an authorised representative of the Company, every contract shall be governed in all respects by these Conditions.
ii. By placing an order subsequent to its receipt of, or its referral to, these Conditions of use the customer acknowledges that these Conditions of use shall prevail over any qualification or condition purported to be imposed by the Customer and any previous course of dealing between the Customer and the Company.
3. Outstanding Balances when starting a DD agreement
i. Where an existing Maxol Direct customer has an outstanding balance of more than 10 days they will be required to settle this account in full before the Direct Debit process is initiated.
ii. Where an existing Maxol Direct customer has an outstanding balance of less than 10 days, and whereby the Company is offering a credit facility, they will be required to pay an amount which is 50% of the discount value of that order before the Direct Debit process is initiated.
4. Payment
i. At the point of application, whereby the Company is offering credit, the Customer agrees to pay the Company a fixed amount or 1/3 of the outstanding balance whichever is greater on a fixed date each month.
ii. At the point of application whereby the Company is not offering credit, the Customer agrees to pay the Company a cash in advance to the driver or card payment to the Sales Team.
iii. The Company reserves the right to request an amount from the Customer other than the amount stated on the advance notice given to the Customer at the approval of their Diamond Direct Account if the Company deems it in the best interests of the maintenance and proper operation of the Customers Diamond Direct Account.
iv. If the Company exercises its right to amend the amount paid by the Customer as stated in Section 4, Clause ii, the Company will notify the Customer in writing not less than five working days from the payment request date.
v. In the event of a payment by the Customer to the Company being refused by the Customer’s bank, the Customer must make good any shortfall to the Company within seven days of notification of aforementioned non-payment. In this event the Customer shall also be liable to incur any administration fees as deemed appropriate by the Company - and shall be informed of such charges in writing alongside the said notification of non-payment.
vi. In the event that a Customer does not make good any shortfall to the Company as a result of non-payment of direct debit within 7 days of notification, the Customer’s Diamond Account shall be terminated forthwith by the Company, and the total amount outstanding on the Customer’s account shall be liable to be paid by the Customer to the Company within 7 days from termination.
vii. If Direct Debit Payment is refused twice, we will close your account and ask for balance in full within 7 days.
5. Credit Limit (only whereby the Company is offering credit)
The credit limit on the Customer’s Diamond Direct Account shall be set by the Company at six times the monthly fixed amount agreed to be paid by the Customer to the Company on application for a Diamond Account. The Company reserves the right to review the credit limit of the Diamond Direct Account if the Company deems it in the best interest of the maintenance and proper operation of the Customer’s Diamond Direct Account.
6. Discount
All orders will be processed at Cash Discount Price.
7. Amendment or Suspension.
In the event of the Customer desiring to amend any part of the Direct Debit agreement which affects either the amount paid, date due or frequency of the payment and/or relates to the suspension of the agreement, the Customer must notify the Direct Debit Department of the Company no later than the 22nd day of the month prior to implementation of said amendment.
8. Cancellation
i. In the event of the Customer desiring to cancel the Direct Debit agreement, The Customer must notify the Direct Debit Department of the Company in writing no later than the 22nd day of the month prior to implementation of the said cancellation. The customer will be liable to incur an administration fee of £9.50. This fee is subject to annual review.
ii. If the Direct Debit is cancelled within a period of 6 months from the point of set up, for what ever reason, the Company reserves the right to debit the full cash value, or eqivalent ,of any offer or incentive that was availed of at the time of setting up the Direct Debit.
9. Force Majeure
The Company shall not be under any liability to the Customer in respect of any failure to perform or delay in performing any of its contractual obligations to the Customer attributable to any cause of whatsoever nature beyond the Company’s reasonable control and no such failure or delay shall be deemed for any purpose to constitute a breach of contract.
10. These Terms & Conditions of Trading shall be governed by the Laws of Northern Ireland and any and all disputes arising out of these Conditions of use shall be subject to the exclusive jurisdiction of the Courts of Northern Ireland.
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