General terms of supply for consumers
These terms of supply shall apply to sales, deliveries, forms of service, liabilities and pricing between the Seller (Oy Teboil Ab) and the Buyer.
CONCLUSION OF THE CONTRACT
This Contract shall be considered to be concluded between the Parties when the Buyer accepts the offer made by the Seller in an oral, written or electronic form, or when the Buyer submits an order. Before the beginning of any deliveries, the Buyer shall be obliged to provide precise information about the destination of the delivery, including storage container details, contact person at the destination, limitation of delivery times and invoicing details. Pursuant to an authorization granted by the Buyer, the Seller shall carry out a check of the Buyer’s credit record, and the Seller shall be entitled to refuse to deliver the Goods in the event that the credit rating of the Buyer fails to meet with the requirements set by the Seller.
VALIDITY OF THE CONTRACT
This Contract shall be valid for each specific delivery, or until further notice, as may be separately agreed.
Any claims must be notified within 8 days from the date of delivery or from the date of the invoice. Claims concerning the supply or the Goods in question should be reported by telephone to the number 0800 183 300 (toll free), and invoice enquiries to the number 020 470 0900 (cost of calls from mobiles 8,35 c/call + 17,17 c/min., and from landlines 8,35 c/call + 7,02 c/min.).
CHANGE OF DELIVERY OR CONTACT INFORMATION
The Buyer shall be obliged to inform the Seller about any change in delivery or contact information or invoicing/delivery address, changes in consumption information stored on the system, and any other prerequisite measures, which are necessary for the fulfillment of the terms and conditions of the Contract by the Seller. The Seller shall not be liable to the Buyer for any loss resulting from the Buyer’s failure to notify the Seller.
TERMS OF DELIVERY
In general terms, delivery shall be based upon an order submitted by the Buyer. Delivery is effected within approximately 5 working days from the date of the order, depending on the Seller’s readiness for delivery, if no exact delivery date has been separately agreed. For example, due to high demand, or some other equivalent reason, the delivery may be delayed. It is the Buyer’s responsibility to ensure unhindered access to the delivery site in all circumstances and safe operation conditions for the tanker, as well ensuring that the access road remains undamaged. The Buyer shall be responsible for the safety of the equipment, proper cleaning of the containers and the safety and usability of the equipment, in compliance with the instructions given by the authorities. In the event that the tanker cannot reach the delivery destination safely, or the Buyer’s equipment fails to meet the requirements set by the authorities, the Seller has the right to refuse delivery.
In the event of a Force Majeure, the Seller shall have the right to postpone deliveries without any liability for compensation.
The goods shall be delivered by a tanker to the Buyer’s container, according to the delivery schedule of the Seller, without any advance notice to the Buyer. The volume of fuel invoiced shall constitute the amount of litres delivered, as shown by the flow meter of the tanker. A functional overfill protector is a prerequisite for discharging any fuel from tanker. Title to the Goods shall pass to the Buyer on completion of the discharge. The Buyer shall not have any right of exchange or return in respect of the Goods.
The container-specific minimum delivery amount of light fuel oil shall be 1000 litres. Where the quantity ordered by the Buyer amounts at least to the minimum delivery quantity, but the quantity capable of discharging into the Buyer’s container is less than the minimum delivery amount ordered, the Seller shall be entitled to invoice the Buyer for a surcharge applicable for small deliveries.
The Buyer is conscious of the effect of storage on the usability of fuel oil. For the purposes of heating, the cloud point of fuel oil is its lowest possible usage temperature, and fuel oil must be always stored in a location where the temperature exceeds the cloud point. Should there be any reason to expect that the temperature of the fuel oil in the pipeline or the container is likely to drop below the cloud point, the Seller recommends that the winter grade be used. The Seller’s product specifications may be found on the Internet at www.teboil.fi.
The Seller and the Buyer shall agree the cost basis at the time of the order. Invoicing is principally based upon the price agreed at the date of the order. If the amount ordered by the Buyer does not fit in to the Byers tank, the Seller shall have the right to increase the price of the product reflecting the reduced amount delivered and also any and all additional costs related. The Seller shall have the right to adjust its prices for a valid reason in each case, including any change in the Seller’s cost factors.
PAYMENT TERMS, DELAYED PAYMENT AND DIRECT DEBIT
The Seller and the Buyer shall agree upon the term for payment upon placement of the order. For any delayed payment, the Seller shall charge annual late payment interest, according to the Interest Act. The Seller or his representative shall have the right also to charge the Buyer for reasonable payment reminder and collection fees. Should the Buyer wish to give authorisation for direct debit payments, this is to be arranged by the Buyer with its bank.
The Seller shall be liable for any defects or faults on its part, in compliance with the Consumer Protection legislation. The Seller shall not liable for any loss resulting from erroneous or inadequate information provided by the Buyer, an order erroneously made (incorrect Goods), or negligence by the Buyer to provide disclosure of any material facts.
The Buyer shall be liable for any loss caused by an erroneous installation of the discharge pipeline, storage container or overfill protector, or any installation carried out against the regulations and recommendations of the authorities. The Buyer shall also be liable for any loss incurred by the fact that the filling of the containers has not been prevented after removal of the containers from service pursuant to the authorities’ regulations (filling connectors, overfill protector and vent pipe have not been removed, etc.).
The Buyer is conscious of the fact that cleaning of the containers is recommended to be performed every 5 years, and the containers have to be inspected within regular intervals. The Seller shall not be liable for any losses resulting from impurities within the containers or their pipelines, or any other relevant equipment. Losses shall always and without exception be regarded as having been caused by impurities in the containers or pipelines or any other relevant equipment, unless the Buyer is able to prove that the service of the containers, pipelines or any relevant equipment has been performed properly, by professionals, and at least once during the previous 5 years. Additional information and instructions on service, cleaning and maintenance of containers, pipelines and relevant equipment may be found on the Internet, for example at www.lämmitystieto.fi, www.vtt.fi and www.oil.fi.
The Seller shall not liable for any loss or damage to Goods or to the Buyer resulting from inadequate storage or any mixing of fuel oil in the container or at the usage destination with a product delivered by a supplier other than the Seller.
TERMINATION OF THE CONTRACT
The Parties shall have the right to terminate this Contract upon a 30-day period of notice. The Parties shall also have the right to terminate this Contract without any notice whatsoever in the event of a fundamental breach of the terms and conditions of this Contract by either party. Even a partial failure to meet payment obligations shall be considered to be a fundamental breach.
This Contract shall be governed by Finnish law, excluding the rules of conflict of law.
SETTLEMENT OF DISPUTES
All disputes arising out of this Contract should be settled through negotiation in the first instance. In the event that the Parties should be unable to reach an agreement satisfactory to both Parties by negotiation, the dispute shall be settled in the District Court of Helsinki. Notwithstanding the above, the Buyer shall have the right to bring the dispute before the Consumer Complaints Board, in compliance with the Consumer Protection legislation.
These conditions have been drafted in Finnish and translated into English. If English translation differs from the original Finnish version, Finnish version shall prevail. Translated English version shall not be applicable under any circumstances.