TERMS & CONDITIONS
Pure Biofuel Limited Standard Terms and Conditions for Goods Ordered and Deliver Services
The below terms and conditions are binding for all sales between Pure Biofuel Limited (“PBF”) or any of its trading names and any customer entering into a contract for supply of goods and services. All orders will be completed as per the quotation with purchasers accepting all aspects of the order as advised within the order acknowledgement and thus accepting these terms and conditions. No third parties terms and conditions can overrule those stated below. Please read them carefully prior to placing an order. These terms and conditions cover all transaction verbal, emailed or via our website.
Please read and print a copy of these terms and conditions for future reference making sure you have the latest version as we reserve the rights to amend, add or delete any information that changes. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our systems
This website is operated by Pure Biofuel Limited (referred to as "PBF/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below.
• Read through these terms and conditions carefully before using this website.
• Print a copy for future reference.
1. Quotation and Order Acknowledgment.
1.1 A quotation will be submitted in written format, by email, letter, SMS Text or other written means – Verbal quotations are only for reference purposes only.
1.2 An order will not be deemed to be accepted until the customer has accepted in writing the order acknowledgement supplied by PBF and once this has been confirmed it is then a binding contract under these T&C’s.
1.3 We do not file details of your order for you to subsequently access direct on our website, and therefore when ordering via the website, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.
2. Prices and Deliveries.
2.1 Price lists advertised on the internet, magazines or any other form of printed literature are for the use of guidance only. The only price that is confirmed is that shown on the order acknowledgement.
2.2 Delivery dates are given as an informed guide only to when the products should be received by the customer, a confirmation of a date or delivery will be supplied by PBF the week of arrival of the goods.
2.3 To ensure that your credit, debit or charge card is not being used without your consent, when ordering by phone and paying by this means we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. PBF does not retain any credit card details after the payment transaction has been completed.
2.4 All deliveries are performed by third party companies unless you the customer elect to collect goods from a nominated location. It is the aim of PBF to give an approximate time of arrival but we cannot be held liable if the delivery does not full within this time slot as unforeseen circumstances may delay deliveries. PBF or its nominated courier will aspire to keep you the customer as informed as possible of any such delays.
2.5 On arrival of our delivery service, it is understood that you will provide adequate means of entrance for the vehicle or elect for the goods to be offloaded at kerb side and for you to move these onto your premises.
2.6 For full container loads or curtain sided loads it is accepted that on arrival you will have sufficient means to unload the vehicle yourself (i.e. a forklift truck or similar system). Should the machinery not be working or available and hence the delivery cannot be completed a charge will be applicable for this delivery attempt. Should the goods have to be stored prior to a redelivery attempt a storage charge will be applied to the customers invoice.
2.7 Should the customer wish to reschedule a delivery within less than 72 hours notice of the pre-booked delivery date, not including weekends, a re-booking fee of £50+VAT will be payable by the Customer. Subject to confirmation from the Supplier.
2.8 Should the customer wish to cancel an order once placed there may be a cancellation charge of up to £200 + VAT. Once the goods have shipped from the docks a full value of the order will be charged unless they are able to be diverted to another customer then a cancellation charge of £500 + VAT.
2.9 Customers taking full loads via container are responsible for the container being returned with the interior being fully swept, if this is not completed the customer may be charged for cleaning £100 + VAT.
2.10 If a delivery is held at a customer for longer than 2 hours without being unloaded a waiting time charge may be applied.
2.11 When ordering a full container the buyer has 5 days from receipt at port to accept the delivery, after this period the container can stay on the port longer but will incur a daily storage rate, which will have to be paid on a weekly basis. If the customer has not prepaid for the container following the fifth day after arrival the invoice for the contents of the container will be due immediately if being stored at the port.
3. Invoicing and ownership
3.1 PBF will invoice you prior to the date of delivery showing a due date for payment, if the payment is not made by the date shown an interest charge may be applied to the invoice for every day there after the monies are outstanding.
3.2 PBF retains ownership of all goods delivered to a customer until the full amount of the relevant invoice is paid. At any time PBF retains the right to collect any goods that are not paid for.
3.3 Should a customer enter into insolvency / administration, PBF retains the right to collect the goods and for them not to be taken into account as owned by the customer until all invoices are paid.
3.4 Any goods held by a customer and collected due to non-payment of invoices are stored free of charge and no warehousing cost for the time the goods where with the customer can be charged.
3.5 Should a customer sell or transfer any goods prior to payment of the invoice in full the third party will be held responsible for the outstanding debt and must be made aware by the customer that the ownership of the goods remains with PBF.
3.6 Should any invoice remaining outstanding for a period of 90 days from due date PBF retains the right to pursue all outstanding monies and charge the customer any costs incurred in fulfilling this process.
3.7. PBF is entitled to withhold / cancel future orders on any contract should an invoice remain unpaid for no unjust reason.
4. Damaged or Defective Goods
4.1 If on receipt of a delivery any goods are deemed as damaged or defective then the customer need to notify PBF immediately. This can be done by emailing the address or phoning the office on the number also shown below.
4.2 On receipt of goods damaged it is requested that digital pictures are taken preferably prior to unloading if the damage can be seen alternatively once in the customers warehouse and emailed immediately to the address shown.
4.3 Goods accepted 24 hours without notification of damage will be considered as fit for purpose at time of delivery and not action will be taken for damages reported later.
4.4 Any goods damaged will be either credited or replaced, but all other goods within the delivery that are fit for purpose will be deemed delivered.
4.5 Any defective goods that need replacement will be done so with 90 days of the defect being advised to us. In the circumstance when an item cannot be replaced full credit for this item will be made.
4.6 Damage due to neglect, wilful damage or realistic wear & tear at the customer’s location is not deemed reasonable grounds for rejection will not get approval for replacement / refund.
4.7 If any items proven to be defective causing subsequent damage to third party machinery only the defective product will be refunded goods are used at customer’s discretion and any damage following is at customer’s own expense.
5.1 Any complaint should initially be directed to their account manager. This should be in writing / email, but may be taken verbally initially and backed up in written format.
5.2 Should a complaint not be easily rectified then a complaints form will be issued and the customer is requested to give as much detail as possible including any photo evidence they may have.
6. Trialling or Analysing Prior to Acceptance.
6.1 If the customer has a stipulation with regards to product tighter than the product standards then they may be permitted to have a generic sample for analysing upon agreement from PBF.
6.2 Any dispute about the condition of a product can lead to a product being analysed by a third party test house. If the finding shows the product meets the specification standard the cost of the testing will be forwarded to the customer. If it fails the product can be removed and replaced or credited.
7.1 PBF will not accept any liability for loss of profit, cancellation of contract or any other monetary charge a third party may inflict onto the customer as a penalty charge due to late delivery or faulty product.
7.2 PBF will not be held liable for any injury or death of customers (or their staff), third parties or members of the general public when goods are being transported to a location or being unloaded at the location. It is the customers responsibility to make sure their staff are trained in the use of any loading or unloading apparatus, that product is in a fit state to unload and that all safety measure are put in place during such circumstances to prevent injury or death.
7.3 PBF will not be held liable for any damage to property caused by a third party haulier when delivering our product. Any damaged claims should be directed either to the haulier direct or via your insurance company.
8. Force Majeure
8.1 PBF shall not be liable to the customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the goods, if the delay or failure to perform was due to any cause beyond its reasonable control, including but without limitation, act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, orders, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, or power failure or breakdown in machinery.
8.2 The contract between both Buyer and seller shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.