General terms of supply for consumers, heating and traffic fuels

GENERAL

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. The Seller shall check 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 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.

CLAIMS

Any claims must be stated within 8 days from the date of delivery or from the date of the invoice. Claims regarding the Goods in question or their delivery should be reported by telephone to the number 0800 183 300 (toll free), and price related enquiries to the number 020 331 900 (cost of the call 8,8 c/min).

CHANGE OF DELIVERY OR CONTACT INFORMATION

The Buyer shall be obliged to inform the Seller about any changes to the following information: delivery or contact information, invoicing/delivery address, consumption information stored in the system, and any other prerequisite measures 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 losses 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. The delivery time is approximately 5 working days from the order date, depending on the Seller’s readiness for delivery, in the case that no exact delivery time has been separately agreed. Working days are days from Monday to Friday, excluding such working days that are regarded as public holidays. For example, due to a high demand, or some other equivalent reason, the delivery time may be longer than expected. 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 as ensuring that the 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.

FORCE MAJEURE

In the event of a Force Majeure, the Seller shall have the right to postpone deliveries without any liability for compensation.

DELIVERY

The Goods shall be delivered without prior notice by a tanker to the Buyer’s container according to the delivery schedule of the Seller. The volume of fuel invoiced shall constitute the amount of liters delivered, as shown by the flow meter of the tanker. The delivery quantity is based on the amount ordered by the Buyer. In the case that the Buyer orders a full container, the amount delivered constitutes at least the ordered amount or at most 20% more than the ordered amount. A functional overfill protector is a prerequisite for discharging any fuel from the tanker. Property rights to the Goods shall pass on to the Buyer on completion of the discharge. The Goods have no right of exchange or return.

MINIMUM DELIVERY

The container-specific minimum delivery amount for light fuel oil shall be 1000 liters. If the quantity ordered by the Buyer amounts to at least the minimum delivery quantity, but the capacity of discharge into the Buyer’s container is less than the minimum delivery amount, the Seller shall be entitled to invoice the Buyer for a surcharge applicable for small deliveries.

In case, due to the Seller, the delivered amount is less than the one ordered, the remaining quantity can be delivered afterwards if separately agreed (this applies only to light fuel oil; the minimum amount delivered afterwards is 500 liters).

THE GOODS

The Buyer is aware 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 always be stored in a location where the temperature exceeds the cloud point. Should there be any reason to suspect that the temperature of the fuel oil in the pipeline or the container is likely to drop below the cloud point, the Seller recommends winter grade to be used. The Seller’s product specifications may be found on Teboil’s website www.teboil.fi.

PRICE

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 Buyer’s tank, the Seller shall have the right to check the unit price of the ordered product to correspond to the delivery quantity and in addition, to charge the client the current small delivery surcharge and other additional costs incurred by the Seller. 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 AND DELAYED PAYMENT

The Seller and the Buyer shall agree upon the term for payment upon placement of the order. The Interest Act determines the amount of Interest on delayed payment charged by the Seller for individual clients. Additionally, the Seller or his representative shall have the right to charge the Buyer for reasonable payment reminder and collection fees. The invoice can be received as an e-invoice, in which case the Buyer should order it from his own online bank.

LIABILITIES

The Seller shall be liable for any defects or faults on his part, in compliance with the Consumer Protection legislation. The Seller shall not be 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 losses resulting from the fact that the filling of the containers has not been prevented in accordance with official regulations after the containers have been taken out of service (filling connectors, overfill protector and vent pipe have not been removed, etc.).

The Buyer is aware 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 cleaning and inspection 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 inspection, cleaning and maintenance of containers, pipelines and relevant equipment may be found on the Internet, for example at www.lämmitystieto.fi and www.vtt.fi .

The Seller shall not be liable for any loss or damage caused to the Goods or to the Buyer resulting from inadequate storage of the product or if the damage has been caused by the mixing of a product other than the one supplied by the Seller in the container or in application.

TERMINATION OF THE CONTRACT

The Parties shall have the right to terminate this Contract upon a 30-day period of notice. In addition, the Parties shall have the right to terminate this Contract immediately if the other Party commits a material breach of Contract, such as even a partial omission of the liability to pay.

APPLICABLE LAW

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 primarily be settled through negotiations. Should the Parties be unable to reach an agreement satisfactory to both Parties by negotiations, 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 the English translation differs from the original Finnish version, the Finnish version shall prevail. The translated English version shall not be applicable under any circumstances.