1. Application These are the sole conditions of sale of Oakleys Fuel Oils Ltd (the “Company” “we” or “us”) and shall govern all transactions between us and any person, firm or company (“you”) who or which purchase any products or services from us. They are applicable to all sales and deliveries of our Products and services. All orders accepted by us are accepted on these conditions to the exclusion of all other conditions, including any which you purport to apply to any purchase order, confirmation of order, specification, or other document or which might otherwise have been relied upon by you whether in negotiation or at any stage in the dealings between us in respect of any Products and services supplied by us to you. Any contract entered into between us (whether, for example, by exchange of correspondence or over the telephone) shall be the subject of these conditions of sale and, in the event of any inconsistency between these conditions and any other apparent contract term, these conditions shall apply except where a change of these conditions is expressly agreed in writing and signed by a director or the secretary of the Company. Any representations about the Products equipment or services (“the Products”) we provide shall have no effect unless expressly agreed in writing and signed by a director or the secretary of the Company. Each order placed by you shall be deemed to be an offer by you to purchase Products subject to these conditions. In these conditions any references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, extended, re-enacted or replaced. In these conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires. Clause headings shall not affect the construction of these conditions. 2. Delivery Where our Products are delivered in bulk through a hose, delivery shall be deemed to take place when such Products pass from the tank wagon’s permanent or temporary hose pipe connection. In all, other cases, delivery shall be deemed to have taken place on the transfer of possession of our Product to you or on delivery of our service to you. All orders are subject to availability. Where our Products are delivered through a hose, you accept that the quantity shown by the calibrated dip rod or meter shall be conclusive evidence of the quantity delivered. We cannot accept any responsibility for discrepancies between our measuring device and any other measuring device used by you. Where we are delivering fuel oil, we will attempt to deliver the quantity ordered and you are responsible for ensuring that there is room in your tank for that quantity. However, we shall not be in breach of our contract with you if less than the amount ordered is delivered or if up to 10% more than the amount is delivered and you shall pay for such Product at the pro rata contract rate. When we are delivering fuel oil to a site with more than one tank you are responsible for ensuring that our Products are delivered into the correct tank. You are responsible for providing us with all necessary information to ensure that each delivery made by us is safe and meets your Product or service requirements (including a complete and accurate assessment of the correct Product or service) and for providing adequate and appropriate equipment and storage. Any date or dates quoted by us for delivery to you are approximate and time for delivery shall not be made of essence by notice. If no date or dates are specified, we shall be entitled to a reasonable time to procure delivery of any Product or service. We shall use our reasonable endeavours to deliver an order for the Products within 5 working days but you hereby agree that you will not be entitled to refuse delivery of any of the Products by reason of any delay in delivery unless such delay shall be longer than 10 working days. Subject to the other provisions of these conditions, we will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of any Product (even if caused by our negligence), We shall be entitled to suspend any delivery if any of our invoices to you Is due for payment but remains unpaid. The Company will not accept the return of products once delivered into a customer’s tank and comingled with product from another source for reasons of possible contamination. Customers are entitled to cancel an order once placed, up until the time at which the order is dispatched from our storage depot onto one of our delivery vehicles, at which point a cancelation charge of up to £50 may be charged on each order. 3. Price The price for each Product shall be that agreed between you and us or, in the absence of any specific agreement, the prevailing price charged by us at that time. The certificate of our Company Secretary as to the prevailing price shall be conclusive evidence of the facts certified therein. The price of the Product shall be given inclusive of any applicable duty, but exclusive of VAT at the date or time of each delivery of the Products, which you shall be liable to pay us in addition. We reserve the right to increase our charges to reflect any change in costs that we are required by law to pass on (such as VAT and excise duty) and you must pay such increased charges.