Terms and Conditions

Important Notice:

“The price illustrated on this website may fluctuate depending on the size of the order and if the buyer determines to make an order, for example of 1,000 litres, and then later reduces it the buyer’s end price may increase as a result and reflection of the order size change”.

"Prices quoted are illustrated for online ordering only and may vary in relation to prices quoted via telephone or any other forms of communication"

"All Discount Codes for use on the website during various promotions will have a valid expiration date on them. Pllease check these dates as once the date has expired so will the offer."

"Please note that, at the moment, we only deliver to our designated areas that are illustrated on our delivery area page. If you are located in an area that is not on our list, please do not hesitate to contact us and we will try and accomodate you if it is within our capabilities."

Definitions

1.1 “Distributor” shall mean Flynn Fuels its Subsidiary and Associated companies and/or businesses, their successors and assigns or any person acting on behalf of and with the authority of Flynn Fuels its Subsidiary and Associated companies and/or businesses
1.2 “Customer” shall mean the person or entity described as such on the invoices or any other forms to which these terms and conditions apply,and shall mean any person acting on behalf of and with the authority of such person or entity.
1.3 “Goods” shall mean Goods supplied by the Distributor to the Customer asdescribed on the invoices or any other forms as provided by the Distributor
to the Customer.
1.4 “Price” shall mean the cost of the Goods as agreed between the Distributor
and the Customer subject to clause 3 of this contract.
 

Acceptance
2.1 Any instructions received by the Distributor from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Distributor 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.
Price And Payment
3.1 At the Distributor’s sole discretion the Price shall be as indicated on invoices provided by the Distributor to the Customer in respect of Goods supplied.
3.2 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 on delivery.
3.6 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.


Delivery Of Goods
4.1 At the Distributor’s sole discretion delivery of the Goods shall take place when the Customer takes possession of the Goods at the Customer’s address (in the event that the Goods are delivered by the Distributor or the Distributor’s nominated carrier).
4.2 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
4.3 The Distributor may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
4.4 The Distributor shall not be liable for any loss or damage caused in accessing the delivery site beyond reasonable control of the Distributor (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas).
4.5 Goods will be delivered to the kerbside adjacent to the delivery site via 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 Distributor’s delivery vehicle and agrees to indemnify the Distributor 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.
4.6 The Distributor will offload their delivery into the tank and/or storage facility designated by the Customer, their employee or agent. The Distributor shall not be liable for any claims, loss or damage whatever consequential to the Goods being offloaded into the wrong tank.
4.7 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 fires or radiators or any other 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 Seller against any damages, injuries, claims or costs arising out of breach of this condition.


Risk
5.1 If the Distributor retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
5.2 If the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Distributor is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Distributor is sufficient evidence of the Distributor’s rights to receive the insurance proceeds without the need for any person dealing with the Distributor to make further enquiries.

Title
6.1 It is the intention of the Distributor and agreed by the Customer that ownership of the Goods shall not pass until:
a) the Customer has paid all amounts owing for the particular Goods, and
b) the Customer has met all other obligations due by the Customer to the Distributor in respect of all contracts between the Distributor and the Customer.
6.2 Receipt by the Distributor 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 Distributor’s ownership or rights in respect of the Goods shall continue.

Defects
7.1 The Customer shall inspect the Goods on delivery and immediately notify the Distributor of any alleged defect, shortage in quantity, damage or failure to comply with the description or invoice. The Customer shall afford the Distributor an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods to be defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any shortage, defect or damage. For defective Goods, which the Distributor has agreed in writing that the Customer is entitled to reject, the Distributor’s liability is limited to replacing the Goods.

Returns
8.1 Returns will only be accepted provided that:
a) the Customer has complied with the provisions of clause 8.1; and
b) the Distributor has agreed in writing to accept the return of the Goods; and
c) the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; and
d) the Distributor will not be liable for Goods which have not been stored or used in a proper manner; and
e) the Goods are returned in the condition in which they were delivered.
8.2 The Distributor may (in its discretion) accept the return of Goods for replacement but this may incur a handling fee as a percentage of the value of the returned Goods, to be advised in each case, plus any freight.

Customer Responsibility
9.1 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 Distributor causing it to disperse into the fresh oil delivered by the Distributor. The Distributor will accept no responsibility whatsoever for any loss or damage to injector pumps or any other goods or equipment belonging to the Customer due to the displacement of sludge, dirt, particles or foreign bodies during a delivery.
9.2 It is the Customer’s responsibility to ensure that the Distributor delivers the Goods into the correct storage tank. The Distributor will not be liable in any way whatsoever for any claims, loss or damage including, but not limited
to, loss of profit incurred by the Customer as a result of fuel being pumped into the incorrect storage tank.

Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
10.1 This agreement is subject to the provisions of the Sale of Goods Act 1893and 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).
10.2 Notwithstanding clause 10.1 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.
10.3 In particular where the Customer buys Goods as a consumer the provisions of Clauses 7 and 8 above shall be subject to any laws or legislation governing the rights of consumers.

Default & Consequences Of Default
11.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at the legal rate.
11.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Distributor from and against all costs and disbursements incurred by the Distributor in pursuing the debt including legal costs on a solicitor and own client basis and the Distributor’s collection agency costs.
11.3 Without prejudice to any other remedies the Distributor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Distributor may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Distributor will not be liable to the
Customer for any loss or damage the Customer suffers because the Distributor exercised its rights under this clause.
11.5 Without prejudice to the Distributor’s other remedies at law the Distributor 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 Distributor shall, whether or not due for payment, become immediately payable in the event that:
a) any money payable to the Distributor becomes overdue, or in the Distributor’s opinion the Customer will be unable to meet its payments as they fall due; or
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; or
c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Data Protection Act 1988 & Data Protection Act 2003
12.1 The Customer and the Guarantor/s (if separate to the Customer)authorises the Distributor to:
a) collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and
b) to disclose information about the Customer, whether collected by the Distributor from the Customer directly or obtained by the Distributor from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgement) a default by the Customer on publicly accessible credit reporting databases.
12.2 Where the Customer is an individual the authorities under (clause 12.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act 2003.
12.3 The Customer shall have the right to request the Distributor for a copy of the information about the Customer retained by the Distributor and the right to request the Distributor to correct any incorrect information about the Customer held by the Distributor.

Gas/Diesel Oil
13.1 Winter Grade Gas/Diesel Oil is manufactured to a Cold Filter Plugging Point of minus 12¡C and 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 conditions, cleaned and suitably protected and in the case of motor vehicles keeping them garaged when not in use.

General
14.1 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.
14.2 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.
14.3 The Distributor 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 out of a breach by the Distributor of these terms and
conditions.
14.4 In the event of any breach of this contract by the Distributor the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Distributor exceed the Price of the Goods.
14.5 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 Distributor.
14.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.