Terms and Conditions

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TOPAZ HOME HEAT ONLINE TERMS AND CONDITIONS

ROI Seller is Topaz Energy Limited, Topaz House, Beech Hill, Clonskeagh, Dublin 4, and NI Seller is Topaz Energy Limited, 5 Airport Road, Belfast, BT3 9EU, Tel: +353 (0) 1 202 8888 (ROI) & 0800 1077720 (NI).

1. Pricing and Payment

a) Pricing applicable for online orders will be based on the price ruling on the day of order, irrespective of date of delivery. Prices are inclusive of VAT. Any variation in the rate of existing tax or any additional taxation is for the buyer's account.

b) During an online order your card will be pre-authorised for a sum based on the price applicable that day and the volume of product ordered. On delivery your card will be debited based on the price ruling on day of order and volume of fuel actually delivered.

2. Storage

Where the seller delivers in bulk it is the buyer's responsibility:

a) to provide a safe and suitable bulk storage which complies in all respects with all relevant requirements of and/or regulations made by any competent authority.

b) to ensure that the storage into which delivery is to be made will accommodate the full quantity ordered.

c) In the case of highly inflammable products and where otherwise applicable, strictly to observe any regulations laid down by any competent authority in respect of the avoidance of smoking, naked lights, fires, stoves or heating appliances of any description in the vicinity of the storage and the fill, dip and vent pipes connected thereto.

3. Measurement

It is a condition of every bulk sale that the quantity shown by any measuring devices employed by the seller shall for the purposes of accounts be accepted by the buyer as the quantity delivered but the buyer may be represented at the taking of these measurements in order to verify them if he so desires. The seller's measure of quantity in Republic of Ireland is calculated on the basis of litres@ 15°c and on the basis of ambient temperature in Northern Ireland. The seller cannot accept any responsibility whatsoever for discrepancies in the buyer's tanks, dip rods or other measuring devices. If on any delivery the buyer or any representative of the buyer whether or not for the purpose of verifying the seller's measurement or quantity for that delivery, mounts any vehicle used on that delivery the buyer or his representative (as the case may be) shall do so at his own risk and the seller accepts no responsibility whatsoever therefor.

4. Risk

The risk in any product delivered under these conditions shall pass to the buyer, in the case of any delivery in bulk by road vehicle, when, on discharge it passes the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) provided by the buyer for receiving that delivery.

5. Deliveries

a) The seller will endeavor to complete delivery of online orders within 48 hours during working days. The seller shall not be responsible for any failure or delay in making deliveries where that failure or delay is due to circumstances outside the seller's immediate control.

b) All deliveries to the buyer's premises or into the buyer's vehicles are at the sole risk of the buyer.

6. Passing of Title

The property in any product delivered to the buyer shall pass on payment of all debts owed by the buyer to the seller on goods account or any other account.

a) In the period from the delivery of the products down to such payment the products shall be held by the buyer as a bailee for the seller, but without prejudice to the foregoing the buyer may use the products.

b) Notwithstanding the foregoing provisions of this clause, the seller may enter the premises at all reasonable hours and uplift and remove the product held for it pursuant to such provisions and remaining in stock at the premises if the buyer is in breach of the terms of payment under this agreement.

c) The price of the products shall be due and payable notwithstanding that the property in the goods has not passed to the buyer, and the seller may maintain an action therefor.

7. Use

The products supplied under this agreement are intended for the buyer's own use. In the case of Kerosene, Gas Oil and Fuel Oils, the buyer undertakes that these oils will not be used as fuel in mechanically propelled vehicles constructed or adapted for use on roads.

8. Indemnity

The buyer will indemnify the seller against any damages, claims, expenses or costs which may arise as a result of the buyer's non-observance of these conditions.

9. Amendment of Terms

a) Placing an online order constitutes acceptance of these terms and conditions. If you place an online order following a change in these terms and conditions you will be deemed to have accepted the change.

b) No agent or employee of the seller is permitted to vary these terms and conditions in any way unless expressly authorised to do so by the seller. If the buyer fails to adhere to these conditions, the seller reserves the right to discontinue further deliveries under accepted or partly completed orders.

10. Play or Park

To collect Play or Park points when ordering home heat online you must reference your Topaz Loyalty Game Tag when you make an eligible purchase in order to earn points on that purchase. You will earn 1 point for every litre of home heating oil purchased. Topaz may also offer bonus points in its absolute discretion at certain times. You can check your points' balance by accessing www.playorpark.ie. Standard Play or Park Terms and Conditions apply. See Topaz.ie or Topazenergy.co.uk for details.

11. Jurisdiction

Orders placed subject to these conditions at www.topaz.ie for delivery within the Republic of Ireland shall be governed by the Laws of Ireland and any disputes in respect of same will be subject to the exclusive jurisdiction of the Irish Courts.

Orders placed subject to these conditions at www.topazenergy.co.uk for delivery within Northern Ireland shall be governed by the Laws of Northern Ireland and any disputes in respect of same will be subject to the exclusive jurisdiction of the Northern Irish Courts.