Terms & Conditions of Use

AID Fuel Oils Group Terms of Trading

1 Business customers and consumers

1.1 Some of these terms apply to consumers only; some apply to business customers only. Those terms are marked as such.
1.2 All other terms apply to all customers.
1.3 You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.
1.4 If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer which are not affected by these terms.1.2 All other terms apply to all customers.
1.3 You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.
1.4 If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer which are not affected by these terms.

2 Price

2.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
2.2 Our quotations lapse at the end of the working day on which they are given (unless otherwise stated).
2.3 The price quoted includes delivery to the site specified in your order (unless otherwise stated).
2.4 Business customers: unless otherwise stated, the price quoted to business customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.
2.5 Business customers: rates of tax and duties on the goods will be those applying at the time of delivery.
2.6 Business customers: at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.

3 Delivery

3.1 All delivery times quoted are estimates only.
3.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
3.2.1 you may not cancel if we receive your notice after the goods have been dispatched; and
3.2.2 if you cancel the contract, you can have no further claim against us under that contract.
3.3 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
3.4 We may deliver the goods in instalments. Each instalment is treated as a separate contract.
3.5 Business customers: We may deliver the goods in quantities of 5% more or less than the quantity ordered and charge you for the quantity delivered.
3.6 You accept that our measurements of quantity are correct.

4 Delivery and safety

4.1 We may decline to deliver if:
4.1.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
4.1.2 the premises (or the access to them) are unsuitable for our vehicle.

5 Delivery and risk

5.1 The goods are at your risk from the time of delivery.
5.2 Delivery takes place either:
5.2.1 at our premises (if you are collecting them or arranging carriage); or
5.2.2 at your premises (if we are arranging carriage).
5.3 If the goods are to be delivered into a tank:
5.3.1 you must ensure that there is sufficient ullage in the tank for us to make the delivery; and
5.3.2 you warrant that your tank (and access to it) is properly maintained.
5.4 You must tell us if a part-filled tank contains any goods supplied by someone else, and if so, what quantity.

6 Payment terms

6.1 You are to pay us cash on delivery unless you have an approved credit account.
6.2 Business customers: if you have an approved UK business credit account, payment is due within 7 days of delivery (unless otherwise agreed).
6.3 If you fail to pay us any sum when due:
6.3.1 we may suspend or cancel future deliveries;
6.3.2 we may cancel any discount offered to you;
6.3.3 you must pay us interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998
a. calculated (on a daily basis) from the date of our invoice until payment;
b. compounded on the first day of each month; and
c. before and after any judgment (unless a court orders otherwise);
6.3.4 we may claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
6.3.5 we may recover (under clause 6.9) the cost of taking legal action to make you pay.
6.4 If you have an approved business credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment.
6.5 We may take any of those actions in 6.4 at any time and without notice.
6.6 Business Customers: you do not have the right to set off any money you may claim from us against anything you may owe us.
6.7 Consumers: you may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
6.8 While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
6.9 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.

7 Title

7.1 Consumers: your statutory rights are unaffected.
7.2 Business customers: until you pay all debts you may owe us:
7.2.1 all goods supplied by us remain our property;
7.2.2 you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
7.2.3 you may use those goods and sell them in the ordinary course of your business, but not if:
a) we revoke that right (by informing you in writing); or
b) you become insolvent.
7.3 Business customers: you must inform us (in writing) immediately if you become insolvent.
7.4 Business customers: if your right to use and sell the goods ends you must allow us to remove the goods.
7.5 Business customers: we have your permission to enter any premises where the goods may be stored:
7.5.1 at any time, to inspect them; and
7.5.2 after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
7.6 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
7.7 You are not our agent. You have no authority to make any contract on our behalf or in our name.

8 Warranties

8.1 We warrant that the goods:
8.1.1 comply with their description on our delivery note; and
8.1.2 are free from material defect at the time of delivery (as long as you comply with clause 8.4).
8.2 Business customers: we give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
8.3 Consumers: your statutory consumer rights are unaffected.
8.4 If you believe that we have delivered goods which are defective, you must:
8.4.1 inform us (in writing), with full details, as soon as possible; and
8.4.2 allow us to investigate (we may need access to your premises and product samples).
8.5 If the goods are found to be defective (following our investigations), and you have complied with those conditions (in clause 8.4) in full, we will (at our option) replace the goods or refund the price.
8.6 We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
8.7 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £5,000,000.
8.8 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
8.9 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

9 Specification

9.1 If we deliver the goods in accordance with your specifications or instructions:
9.1.1 you must ensure that the specifications or instructions are accurate; and
9.1.2 you must ensure that goods delivered in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them.
9.2 We reserve the right to make any changes in the specifications of our goods which are necessary to ensure they conform with any applicable safety or other statutory requirements.
9.3 Business customers: we also reserve the right to make without notice any minor modifications in our specifications as we think necessary or desirable.

10 Return of goods

10.1 We will accept the return of goods from you only:
10.1.1 by prior arrangement (confirmed in writing);
10.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered) and
10.1.3 where the goods are as fit for sale on their return as they were on delivery.

11 Cancellation

11.1 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) we may then hold (or to which we are committed) for the order.
11.2 We may suspend or cancel the order, by written notice if:
11.2.1 you fail to pay us any money when due (under the order or otherwise);
11.2.2 you become insolvent;
11.2.3 you fail to honour your obligations under these terms.
11.3 You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 11.1 then apply).

12 Waiver and variations

12.1 Any waiver or variation of these terms is binding in honour only unless:
12.1.1 made (or recorded) in writing;
12.1.2 signed on behalf of each party; and
12.1.3 expressly stating an intention to vary these terms.
12.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

13 Force majeure- business customers only

13.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
13.2 Examples of those circumstances include act of God, accident, explosion, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

14 General

14.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
14.2 If you are more than one person, each of you has joint and several obligations under these terms.
14.3 If any of these terms are unenforceable as drafted:
14.3.1 it will not affect the enforceability of any other of these terms; and
14.3.2 if it would be enforceable if amended, it will be treated as so amended.
14.4 We may treat you as insolvent if:
14.4.1 you are unable to pay your debts as they fall due; or
14.4.2 you (or any item of your property) becomes the subject of:
a. any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b. any application or proposal for any formal insolvency procedure; or
c. any application, procedure or proposal overseas with similar effect or purpose.
14.5 Business customers: all brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
14.6 Business customers: any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
14.7 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
14.8 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:
14.8.1 contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
14.8.2 which expressly state that you may rely on them when entering into the contract.
14.9 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.

15 Data Protection Notice

15.1 If you provide us with personal data (“data”, defined in the Data Protection Act 1998), you understand that the data will be held securely, in confidence and processed for the purpose of carrying out our fuel oil supply business and associated activities. If you ask us to consider you for a credit account you agree that we may consult with and disclose the data to credit reference agencies, banks, credit insurers and other responsible organisations outside our business and they may process the data. You understand that under the Act you have a right to know what data we hold on you if you ask us in writing and pay the applicable fee.
15.2 You also agree that we may use the data to contact you with details of other products and services. Unless you have written to us objecting to us using the data for that purpose, you agree that we may contact you by post, telephone, fax, e-mail, via the internet or other communication means.

AID Fuel Card Terms and Conditions

1. Definitions

In these Terms and Conditions the following words, terms or expressions shall have the following meanings:-

“AID” means AID Fuel Oils Limited whose registered office is at Cocksparrow Lane, Huntington Cannock, Staffordshire, WS12 4PB.
“Authorised Cardholder” means a person to whom the Principal Cardholder has provided a Card and who is authorised by the Principal Cardholder to use a card.
“Card” means all cards issued to the Principal Cardholder by AID.
“Cardholder” means the Principal Cardholder and, where applicable, any Authorised Cardholder.
“Diesel” means diesel engine road fuel.
“Directory” means the list of sites issued from time to time by AID showing where the Card can be used to obtain Fuel.
“Fuel” means Diesel, Gas Oil, Petrol and Lubricants.
“Gas Oil” means fuel for use in any industrial or agricultural diesel engines and as a burner fuel.
“Lubricants” means oil or grease intended for lubricating.
“Petrol” means petrol engine road fuel.
“PIN” means Personal Identification Number which may be issued to every Cardholder for use with a Card.
“Principal Cardholder” means the partnership, limited liability partnership, firm, body corporate or other person to which Cards are issued.
“Site” means any service station or depot at which the Card may be used.
“Vehicle” means the Principal Cardholder’s or Authorised Cardholder’s vehicle for which Fuel is obtained details of which have been supplied to AID.
“Working Day” means Monday to Friday from 9.00am to 5.00pm excluding public holidays.

2. Acceptance of Terms and Conditions

Signature of and/or use of a Card by the Principal Cardholder or an Authorised Cardholder constitutes acceptance of these Terms and Conditions.

3. Card Issue
3.1 The Card remains the property of AID at all times and shall be returned by the Principal Cardholder promptly at AID’s request. AID shall have the right to collect the Card.
3.2 The Principal Cardholder shall be liable for the use of any Card by the Principal Cardholder or any Authorised Cardholder prior to the return of a Card in accordance with condition 11.
3.3 The Authorised Cardholder shall be deemed to have been given authority to use the Card as a duly authorised representative of the Principal Cardholder and the Principal Cardholder shall ensure that the Authorised Cardholder complies with all these Terms and Conditions.
3.4 The Card shall contain the registration number of a Vehicle in which case it shall only be used to obtain Fuel for that Vehicle or where it does not contain a registration number it may be used for any Vehicle.
3.5 The Principal Cardholder shall return unexpired Cards that are no longer required, or where the Vehicle registration number has changed to AID requesting cancellation in writing.
3.6 Unless advised otherwise, Cards will automatically be replaced by AID prior to expiry.
3.7 The Principal Cardholder shall use its best endeavours to ensure that the Card is kept safe and undamaged. If damaged, the Card must be immediately returned to AID by the Principal Cardholder for replacement by AID.

4. Card Use

4.1 A Card shall not be valid unless the signature strip on the reverse of the Card has been completed in accordance with the instructions issued by AID from time to time.
4.2 A Card may only be used:
(i) if it is a current Card which has not expired, been cancelled or which does not appear on the AID Stop List;
(ii) by a Cardholder to obtain Fuel up to the applicable facility credit limit issued in accordance with condition 6
(iii) to obtain Fuel up to the maximum value per transaction as specified by AID from time to time;
(iv) if the Card has not been reported lost or stolen;
(v) in the case of a staffed Site if the Principal Cardholder or the Authorised Cardholder presents or shows the Card to the Site prior to obtaining Fuel;
(vi) by any Cardholder to obtain Fuel for the Vehicle identified on the Card (where applicable).
4.3 When using a Card:
(i) to obtain Fuel at an automated site, the Cardholder shall use the Card with its unique PIN (where applicable) in the designated machine. Each transaction will be recorded on a delivery voucher which will be dispensed to the Cardholder on completion of each transaction;
(ii) to obtain Fuel at a staffed site, the Cardholder shall use the Card alone and the transaction will be recorded on a delivery voucher a duplicate of which will be dispensed to the Cardholder on the completion of each transaction.
4.4 It is the obligation of the Principal Cardholder or Authorised Cardholder to collect and retain any delivery voucher (duplicate or otherwise) issued at the time Fuel is obtained.
4.5 When obtaining Fuel, the Principal Cardholder and any Authorised Cardholder shall comply with these Terms and Conditions and all procedural requirements of the Site in respect of the relevant Card transaction and shall ensure that the Card is only used in accordance with condition 4.2.
4.6 If any procedural requirements are not complied with or the Card is used other than in accordance with these Terms and Conditions, the Principal Cardholder shall nevertheless remain liable to pay AID for all amounts due to AID under the relevant Card transaction.
4.7 Cards that identify Vehicles are issued to the Principal Cardholder as a management information tool to be used correctly by the Principal and Authorised Cardholders. Such Cards do not provide additional security. The Principal Cardholder shall be liable to pay AID for all amounts due to AID under the relevant Card transaction, including where the transaction is in respect of a Vehicle other than that identified on the Card.

5. PIN

5.1 The Principal Cardholder and the Authorised Cardholder shall use the PIN if so required at an automated site.
5.2 The PIN shall only be used by the Principal Cardholder and Authorised Cardholder to whom it is supplied and shall not be disclosed directly or indirectly to any other person.
5.3 The PIN shall not be written on any Card or delivery voucher or on anything kept with the Card.

6. Account Limit
AID shall impose and notify to the Principal Cardholder an overall facility credit limit and (where applicable and not in addition to) a daily credit limit on the use of the Cards and if any applicable financial limit is exceeded then, without prejudice to AID’s right to recover all amounts due from the Principal Cardholder, AID may terminate this agreement immediately on notification to the Principal Cardholder.

7. Invoicing

7.1 Invoices will be sent to the Principal Cardholder at the billing period intervals determined by AID from time to time detailing Card transactions and any additional charges for the relevant billing period.

8. Payment

8.1 Unless indicated otherwise by AID, payment shall be made by direct debit on the last Working Day of each month for fuel obtained on or between the first and fifteenth day of the relevant month, and on the fifteenth day of each month for fuel obtained on or between the sixteenth and last Working Day of the relevant month.
8.2 If any amounts are not paid by the due date then (without prejudice to AID’s right to terminate this agreement)
(i) interest shall be payable on the outstanding balance at the rate set under s6 of the Late Payment of Commercial Debts (Interest) Act 1998
(a) calculated (on a daily basis) for the date of our invoice until payment;
(b) compounded on the first day of each month; and
(c) before and after any judgment (unless a court orders otherwise);
(ii) we may claim fixed sum compensation from you under s5A of that Act to cover our credit control overhead costs; and
(iii) we may recover the cost of taking legal action to make you pay.
8.3 Any dispute relating to any delivery voucher or invoice issued by AID must be notified to AID in writing within 14 days of receipt.

9. No Set Off

9.1 All payments made by the Principal Cardholder or any credits or refunds due to the Principal Cardholder shall be applied first in settlement of any interest due and secondly by AID in its absolute discretion in reduction of any amount due to AID on any account whatsoever.
9.2 No set off or counter claim against AID shall be made in respect of any claim by the Principal Cardholder or any Authorised Cardholder.

10. Charges

10.1 AID may charge the Principal Cardholder a fee on the issue of the Card and/or on the renewal or replacement of the Card and/or for administration each year commencing on the date of issue of a card and/or on each use of the Card and/or for each purchase of Gas Oil, Petrol and Lubricants and/or on each use of the Card “Help Line”.
10.2 Such fees have been notified to the Principal Cardholder and can be increased by AID on giving 30 days prior notice in writing to the Principal Cardholder.

11. Cancellation of Cards
11.1 AID will cancel a Card if the Principal Cardholder requests cancellation in writing and encloses the relevant Card cut in half.
11.2 AID may request the return of all/any Cards or cancel or suspend all/any Cards at any time without notice or refuse to reissue replace or renew any Card.
11.3 A request for return or cancellation or suspension is without prejudice to the Principal Cardholder’s liability in respect of use of any Cards prior to the actual return of the relevant Card to AID cut in half.

12. Lost or Stolen Cards

12.1 If a Card is lost or stolen or remains in the possession of a person who has ceased to be an Authorised Cardholder the Principal Cardholder must immediately notify AID at [Cocksparrow Lane, Huntington, Cannock Staffs WS12 4PB] or at any other address, email address, fax or telephone number as AID may specify from time to time and also notify the police of the loss or theft and obtain a crime reference or lost property reference number.
12.2 If notification of loss or theft of a Card is given verbally it must be confirmed in writing within 1 Working Day. Such notification must include the card number and the Cardholder’s name and Vehicle details. Provided such notice is given before 1300 hours on a Working Day, the Principal Cardholder shall be liable in respect of any delivery vouchers issued against the lost or stolen Card until one Working Day after notice in respect of automated sites capable of accepting “Stop List” updates via electronic data transfer or in the case of staffed sites 3 Working Days after such notice. If no such notice is given the Principal Cardholder shall remain fully liable.
12.3 The Principal Cardholder shall be liable in respect of any use of a Card by any person before notification in accordance with this condition 12. After AID has been properly notified and provided that this condition 12 has been complied with in full, the Principal Cardholder shall have no further liability for Card transactions made with that Card other than for Card transactions made by the Principal Cardholder or by a person who has ceased to be an Authorised Cardholder where the Principal Cardholder has allowed the Card to remain in the possession of that person.
12.4 The Principal Cardholder shall ensure that no Card remains in the possession of any person who has ceased to be an Authorised Cardholder.
12.5 The Principal Cardholder shall give AID all the information in its possession as to the circumstances of the loss or theft and take all reasonable steps to assist AID to recover any missing or stolen Card.