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STANDARD CONDITIONS OF SALE

All goods and services are sold by Eurotank Service Group Limited, company registered in England and Wales with company number 09297412 and with its registered office at Unit 2, Peacock View Fenton Industrial Estate, Fenton, Stoke­On­Trent ST4 2XJ, United Kingdom. These Conditions shall apply to Eurotank Service Group Limited and any other company in its group (such entities collectively referred to herein as “Eurotank”). The conditions printed below are incorporated in the contract and supersede all conditions of the buyers order or other conditions unless otherwise agreed between the Company and the buyer in writing and that no addition thereto or variation therein shall be made or implied unless so agreed.

  • No contractual obligation shall arise in respect of goods or services specified in any quotation made by Eurotank (whether or not such quotation is expressed to remain open for any specified period) until the buyer has placed an order for the goods or services by sending a purchase order and Eurotank has accepted that order in writing.
  • Unless otherwise agreed between Eurotank and the buyers in writing, all prices are based on the costs at the date of Eurotank’s quotation, and may at any time by notice in writing to the buyer, increase all or any of its prices for the goods or services and any contract work so as to reflect any increase in the cost to Eurotank of the materials, labour and other production costs and transport occurring between the said date and completion of delivery or works by reason of delay by the buyers in supplying to Eurotank sufficient information to enable it to proceed forthwith upon receipt of the buyers purchase order.
  • All specifications, data and drawings supplied by Eurotank are approximate only and the descriptions and illustrations contained within Eurotank’ s catalogues, circulars and other advertising matter are only a general indication of the type of goods and services offered and do not form part of the contract.  Eurotank reserves the right in executing orders to include at its option un-catalogued improvements.
  • Any performance facts or figures given by Eurotank are based on its experience and are such as Eurotank expects to obtain on tests.  Eurotank cannot accept liability if these figures are not obtained unless Eurotank specifically guarantees them in writing.  The buyer assumes liability for the capacity and performance of the goods being sufficient and suitable for their purpose.
  • All goods supplied or works carried out at the request of the buyer, not included in the original order, will be additionally charged for at Eurotank’s current prices and rates.
  • At all times quotes for dispatch or completion shall be treated as estimates only and Eurotank shall not be liable in any manner whatsoever for failure to comply therewith.
  • If Eurotank arranges to store any goods on the buyers behalf, at any time after notice has been given that such goods are ready for delivery, either at Eurotank’s premises or elsewhere, all expenses incurred for storage and insurance shall be charged to the buyers account.
  • Unless otherwise agreed between Eurotank and the buyer in writing, payment of the price and other charges is due in full 30 days after the date of the invoice.
  • In all cases where the contract provides for delivery by instalments or part deliveries, each instalment or part delivery shall be deemed to be a separate contract, and cancellation of any one instalment or part delivery shall not avoid or affect contracts as the other instalments or part deliveries.
  • Until the price for all goods or services supplied (whether or not the goods are to be installed), together with all increased and additional charges if any, pursuant to these conditions, has been fully paid to Eurotank, the buyer shall remain a bailee only of such goods which shall remain Eurotank’s property.  Eurotank is entitled at any time to terminate such bailment and retake possession of and remove any goods not fully paid for; pending complete payment, the buyer shall keep such goods insured to the full value and shall not sell, dispose of or part with possession thereof and shall indemnify Eurotank against any loss or injury thereto, howsoever arising.
  • Eurotank may at it’s option, cancel or withhold all further deliveries under the contract in the event that any debt is due and payable to it by the buyer but is unpaid or in the event that the buyer, being an individual or firm, shall become bankrupt or being a company, shall enter into liquidation or in the case of any such person, shall enter into an arrangement or composition with his or it’s creditors.
  • If any goods supplied by Eurotank are reported within twelve months of their receipt to be defective in material or workmanship and are found by Eurotank to be defective owing to faulty material or workmanship by Eurotank, Eurotank shall at it’s option either rectify the defects free of charge or replace the goods free of charge or credit the buyer with the invoice price of the goods or give the buyer a reasonable allowance on account of the defects.
  • Where Eurotank seeks to gain approval to carry out work from a relevant regulatory body no guarantee is written or implied that such approvals may be granted.  It is the obligation of the buyer to assure himself that such approvals may be granted prior to the placing of any order with Eurotank.  It is further the obligation of the buyer to keep informed all relevant regulatory body’s on the progress of works.  If applicable, the buyer should at all times be aware of the conditions of his license to store Petroleum Spirit and ensure that he abides by the letter and the spirit of such license.
  • Eurotank is not responsible for any additional works which may become necessary in order to upgrade an existing petroleum installation to conform to current Petroleum or other relevant regulations as a result of an application for approval to carry out works being made on the buyers behalf by Eurotank.  If instructed by the buyer to carry out such works Eurotank may charge in accordance with it’s current rates.
  • Where it is required by the buyer or proposed by Eurotank to reuse existing underground cable ducting systems it will be assumed that any such ducting will be free of obstruction and in a suitable condition to allow reuse.  Eurotank may charge in accordance with its current rates to carry out any additional works which may become necessary if throughout the course of the works any cable ducting system proves unsuitable for further use.
  • Where it is required by the buyer or proposed by Eurotank to reuse existing electrical cables and equipment it will be assumed that any such cables or equipment will be in a suitable condition to allow reuse.  Eurotank may charge in accordance with it’s current rates to carry out any additional works which may become necessary if throughout the course of the works any such cables or equipment prove unsuitable for further use.
  • During excavations Eurotank can only accept responsibility for damage caused to existing underground services which have been clearly identified on a site drawing by the buyer and are located in the position indicated on such a drawing.  Eurotank may charge in accordance with its current rates to carry out any additional works which may become necessary as a result of existing underground services being in a location other than as indicated on the site drawing supplied by the buyer.
  • Where the buyer proposes to carry out part of the works either by himself or by his appointed contractor Eurotank reserves the right to charge in accordance with it’s current rates for any delay and time lost as a consequence of the works being not ready or unsuitable for Eurotank to proceed as a result of the buyer or his contractor not completing their part of the works by the agreed date or to a standard acceptable to Eurotank.
  • Eurotank’s prices are based on the assumption that its liability under any order is limited to the remedies set out in the foregoing conditions to the entire exclusion of any other remedy which, but for this condition, the buyer might have.  Accordingly Eurotank gives no representation, condition, warranty or any other undertaking whether express or implied by statute, common law, custom or otherwise in relation to the contract or the goods or workmanship the subject of the contract or the performance and delivery of the contract, and every representation, condition, warranty or other undertaking in relation thereto whether express or implied by statute, common law, custom or otherwise and whether made or given before or after the date of the order or acceptance thereof hereby excluded for all purposes.  Save as provided in the foregoing conditions, Eurotank shall be under no liability of any sort (howsoever arising) and shall not in any circumstances be liable for any damage, injury, direct or consequential or other loss of profits or costs charges and expenses, howsoever arising.
  • If at any time in question, dispute or difference whatsoever shall arise between the buyer and Eurotank upon or in relation to or in connection with the supply or installation of the goods or the services provided, either the buyer or Eurotank may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon.  The arbitration shall be in accordance with the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
  • These conditions and any contract made in accordance therewith shall be construed and take effect in accordance with English Laws and any such contract shall be deemed to have been made in England.