Antha Ltd Terms and Conditions
These terms and conditions are in accordance with the Federation of Petroleum Suppliers Code of Practice for which Antha Ltd are a proud member.
1.1 All products will be charged at the prices ruling at the date of order. The price quoted excludes VAT (unless otherwise stated) and VAT will be charged at the rate applying at the time of delivery. The price quoted will include delivery unless otherwise stated.
1.2 The price quoted (unless agreed otherwise) is only valid on the day given.
1.3 In the event that no price has been agreed, the price shall be Antha Ltd’s selling price at the date of delivery.
1.4 Any rebates discounts or allowances agreed between Antha Ltd and the customer are strictly subject to
compliance with any credit terms and may be granted varied or rescinded at any time at the Antha Ltd’s, sole discretion of.
2.1 Unless previously agreed payment will be required prior to delivery. Payment can be made by cheque, direct debit, bank transfer, debit card, or credit card. Payment by credit card will incur an additional cost of 2.0% representing the credit card company transaction charge. Payment must be made on or prior to delivery, unless you have an approved credit account.
2.2 Where credit arrangements are pre-agreed and unless other terms are specifically agreed each invoice will be payable no later than 21 days.
2.3 In the event of the failure of a the customer to pay in accordance with the credit terms interest shall be charged on the sums outstanding at the rate of 5% per annum above Barclays Bank base lending rate as published.
2.4 Antha Ltd reserves the right to charge a penalty for dishonoured payments at £15.00 per item.
2.5 Other action that may be taken in the event of non-payment; Antha Ltd reserves the right to recover (under clause 5.8 of the Late Payment of Commercial Debts Interest Act 1998) the cost of taking legal action to settle the account.
3.1 Delivery times quoted are estimated.
3.2 If Antha Ltd fails to deliver within a reasonable time after the quoted delivery time then the customer may cancel the order (in writing (email acceptable) unless delivery has already been dispatched before written notification is received. No further claim can be made against Antha Ltd for any losses incurred by the customer following non delivery or delay.
3.3 Any claim for damage or discrepancies should be notified to Antha Ltd in writing within three days after the date of delivery.
3.4 We may decline to deliver if:
- We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
- The premises (or the access to them) are unsuitable for our delivery vehicle.
3.5 For all deliveries made to the customer’s premises the customer must provide safe and suitable access off a public road, storage facilities which comply with all the statutory local or other requirements applicable to the storage and handling of the products.
3.6 In the event that Antha Ltd is unable to effect delivery to the consumer by reason of the failure of the buyer to satisfy the aforesaid conditions or for any other reason (including the customer’s refusal to accept the delivery of the products or part thereof) the consumer shall pay Antha Ltd a delivery charge equal to £75 or 15% of the order value, whichever is greater.
3.7 The measurements of Antha Ltd shall be conclusive as to the quantities delivered; in particular: (a) at unmanned premises – the driver’s confirmation as shown on the reading stated on the invoice/delivery note; (b) at manned premises – signature of the consumer or their agent on the invoice/delivery note or in the absence of such a signature as in accordance with unmanned premises.
3.8 The customer must comply with any applicable laws and regulations in the avoidance of smoking, naked lights, fires, stoves or heating appliances of any description in the area of storage in particular the fill, dip and connecting vent pipes.
4. Title & Risk
4.1 Title to the goods will remain with the Antha Ltd until the full purchase price and all associated charges relating to that sale and other monies owned have been settled in full.
4.2 Risk of the goods are with the customer from the time of delivery – in the case of delivery in bulk by road vehicle the risk shall pass when on discharge it passes the hose connection of the storage tank, container, vessel or fill line provided by the consumer for delivery or in the case of barrel or other package deliveries the risk shall pass to you at the time of off-loading when the goods are removed from our vehicle.
4.3 If the customer suspects the goods are damaged or not delivered as agreed with order, you must write to tell us within 7 days of delivery or the expected delivery time. You must allow time for Antha Ltd to inspect the goods.
4.4 Commercial customers only: you must inform us (in writing) immediately if you become insolvent.
4.5 Commercial customers only: we have your permission to enter any premises where the goods may be stored at any time to inspect them if your right to use them has ended, to remove them if necessary.
5.1 For all sales the meters and proof of measurement will be the responsibility of Antha Ltd and will be accepted by the customer.
5.2 Antha Ltd are not responsible for dipping, checking or testing the customer’s tank.
5.3 The customer shall be solely responsible for ensuring the delivery of fuel is made into the correct application with sufficient capacity to receive the quantity ordered with Antha Ltd.
5.4 Antha Ltd accepts no responsibility for any damage caused by not complying with the points above in this section.
6.1 Any order placed by the customer whether on the phone, in writing or in electronic form shall constitute a binding contract of sale once Antha Ltd has accepted it.
6.2 Unless otherwise agreed in writing by Antha Ltd, all products shall be supplied in accordance with the conditions to the exclusion of any terms and conditions (if any) stipulated by the customer and any representations, warranties or communications not expressly incorporated in these conditions.
6.3 Should the customer wish to cancel the order, they may do so without charge, up to the day before an agreed delivery date. Where a customer cancels an order after the cut off period in this clause they may be liable for charge. If such a charge is to be levied the customer will be informed at the time of cancellation the charge that Antha Ltd will apply. If no fee or charge is made known at the time of cancellation then one will not be applied at a later date.
7. Return of goods
7.1 Antha Ltd shall accept the return of goods only by prior agreement confirmed in writing, on agreed payment of a handling charge (unless the goods were agreed to be damaged when delivered) and where the goods are fit for sale on their return as they were on original delivery.
8. Force Majeure
8.1 Antha Ltd will not be liable for any failure, delay or disruption to its obligations if so prevented or hindered by circumstances of any kind whatsoever outside Antha Ltd.’s control. Subject to this Antha Ltd may cancel or suspend any of its obligations to you without liability. (Examples such as war, accident, explosion, terrorism, flood or fire etc).
9.1 Unless attributable to the negligence or misconduct of Antha Ltd or its employees then the consumer shall indemnify Antha Ltd against all claims for personal injury, loss or damage to property brought against Antha Ltd by third parties arising from the business activities.
9.2 Customers are made aware that products are unsuitable for any use other than as stated to the customer at the time of sale and no liability of any kind whatsoever is accepted by Antha Ltd for any consequences over use of products for any other purpose. For the avoidance of doubt the statutory rights of a consumer are not in any way affected by these conditions.
10.1 If an order should be cancelled for any reason then payment for all stock that we may then hold or to which we are committed is to be made in full should you fall outside of the stipulated timescales.
10.2 We may suspend or cancel the order without notice if you fail to meet your credit terms, you become insolvent or terms to your account are broken.
11.1 The customer may not assign his or its rights under these conditions in whole or in part without Antha’s prior consent.
11.2 The customer shall adhere strictly with customs and excise regulations of Kerosene and Red Diesel (Gas Oil) and the customer shall indemnify Antha Ltd in respect as to the improper use.
11.3 Antha reserves the right to report the customer to credit agencies in the event of the customer failing to meet their pre agreed credit terms.
11.4 For quality, training and security purposes some calls may be recorded.
11.5 All conditions shall be determined in accordance with English Law.