Terms & Conditions
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TERMS AND CONDITIONS OF SALE
Definitions: 'JT' refers to Just Tankers or any of its subsidiaries. 'MANUFACTURER' refers to Magyar, O.ME.P.S. Italian Silo Manufacturers, OMSP MACOLA Liquid Gas Road Tankers, TruFlow or any other business whose products or services are purchased in accordance with this contract. "CUSTOMER" refers to the individual, business, or organization to which any quotation is sent or with whom any contract is made. The term "GOODS" includes any services rendered by Just Tankers as well as any trucks or vans, equipment, items, or parts thereof.
Basic Condition: These terms and conditions are applicable to any deal that Just Tankers enters into. The following terms, which take precedence over any earlier agreements between JT and any customer and/or advice that may have previously been given to the customer by any AMP staff or agents, apply to any items delivered to prospective consumers. All contracts made by JT shall be subject to the terms and conditions set forth in this document, which shall also serve as the whole contract terms. All terms and conditions mentioned by the customer, including in any order or acceptance of a quotation, or brought to JT's attention in any other way are hereby excluded, unless JT expressly agrees to something else in writing prior to the delivery of the goods.
Payments: Unless otherwise expressly agreed in writing by JT, all payments for the goods must be made in full prior to delivery. To pay, go to JustTankers.com, 125-127 Connsbrook Avenue, Belfast, Co Antrim, Northern Ireland, BT4 1JX. Any deposit mentioned in "Schedule B" that was paid when this order was placed must be covered by the balance due under these terms prior to delivery. If the products are being paid for by a loan company, the payment from the finance company combined with any deposit that must be paid directly from the client to JT should be made prior to delivery, unless JT agrees otherwise.
Property: Until the price stated in "Schedule A," the goods ordered under this contract will remain JT's property. The client is responsible for keeping the products separate from other property owned by them or other parties and adequately insuring them until ownership passes to them in line with this article. The allowance related to any goods agreed to be taken in part exchange shall not be taken as discharge unless legal title is vested in the customer or a finance company interest therein and is fully disclosed in "Schedule B." The customer's check given in payment shall not be treated as a discharge until the same has been cleared.
Delivery: Deliveries must be accepted at any JT’s branch, unless otherwise specified in writing. The customer must be notified that the items are available for delivery within 10 days, and then the delivery must be made.
Delay in Delivery: (a) JT will use its best efforts to ensure delivery of the goods by the desired delivery date or dates, but it shall have no liability for any damages or claims of any kind resulting from loss suffered by that customer and caused or contributed to by delay in delivery, non-delivery, short delivery, or otherwise arising out of any cause outside of JT's control. This contract shall be subject to any conditions that the manufacturer may impose. (b) If the goods are not delivered within three months of the desired delivery date or dates, JT may, in its sole discretion, permit the customer to cancel this contract. At that point, any deposit paid hereunder shall be returnable in full. However, JT reserves the right, in its sole discretion, to not permit cancellation of certain contracts based on the uniqueness, personalization, or complexity of any goods.
Retention of Deposit. Without affecting JT's right to seek damages from the customer for any losses or expenses incurred as a result of the customer's default, JT shall be free to treat the contract as repudiated by the customer and retain the customer's said deposit or part thereof. JT shall also be free to dispose of the goods as it sees fit and shall not be obligated to return the goods to the customer.
Price Modification. (a) If, after the date of this contract and before delivery to the customer, any manufacturer's recommended price or prices for the goods or part of the goods, exclusive of any applicable taxes, shall be reduced, the price stated in "Schedule A" shall be replaced with the reduced price, up to the manufacturer's reduced recommended price. (b) JT shall provide notification of any increase in the price mentioned in "Schedule A" if a manufacturer's suggested price for the products or a portion of them (exclusive of any applicable taxes) increases after the date of this contract and prior to delivery to the customer. In this situation, JT may, in its sole discretion, permit the client to terminate their contract by giving a written counter notice; but, JT has the right to forbid cancellation of any contracts based on the distinctiveness, personalization, or complexity of any items.
Specification changes. After giving written notice to the customer, JT have the right to amend "Schedule A" by substituting another model then currently produced by the manufacturer in place of the model and price therein specified. This right shall apply if JT shall be unable to supply the goods of the model or specification as detailed in "Schedule A" due to the manufacturer or manufacturers ceasing to produce or accept orders for such model or specification after the date of this contract. JT may, in its sole discretion, permit the customer to cancel the contract following such notice to the customer and subject to the degree and level of JT's performance of its obligations under this contract. This cancellation must be done within seven days of the initial notice by sending JT a written counter notice. Except insofar as such variation affects the description of the goods for the purpose under Section 13 of the Sale of Goods Act, no variation by the manufacturer or manufacturers in the model or specification of the goods supplied in "Schedule A" shall render this contract void or subject JT to any liability (1979).
Trading-in: When JT agrees to let a portion of the cost of the goods be covered by a part-exchange transaction, the part-exchange goods must be delivered and accepted by JT under the following terms: (a) that they must be delivered in the same condition as when JT first examined them, with normal wear and tear accepted. (b) JT shall be entitled to make any such payment to the finance company as well as with the consent of that Company finally discharge such arrangement, and the allowance shall be reduced by the amounts paid where the exchange goods are a component of the fair payment. (c) The customer will (as the case may be) be entitled to the profit or bear the loss on such sale after due allowance for JT's reasonable handling fees if this contract is terminated for any reason and the exchange products have been delivered to JT and JT has sold them. (d) JT will purchase the exchange goods at a price equal to the agreed allowance if the customer arranges for the goods to be purchased by a finance company (subject to (a), (b), and (c) above), and any deposit made hereunder will be deducted from the balance owed from the finance company.
Changes and Exchange Goods' Values: If there are any major changes in the value of the exchange goods due to: (a) a change in the market price of new products or (b) any change in the rate of any relevant taxes between the date of the contract and the date of delivery of the goods to the customer or (c) The agreed allowances as stated in "Schedule B" shall not be binding on either party and JT shall not be obligated to purchase and the customer shall not be obligated to sell the exchange goods identified therein unless a revised allowance thereof shall be agreed. This also applies to any changes to statutory provisions relating to hire purchase, credit sale, conditional sale, or any financial measures enacted or denounced by the Government. The customer will not have the right to cancel their contract in the event of timetable modifications, but the company may allow such cancellation at its sole discretion.
Tax Reform: The schedule must be revised by the amount of the modification if one of the following occurs (a) after the date of this contract but before delivery to the customer any tax payable with regard to the goods or their sale changes, or (b) the amount of any vehicle excise license changes.
Risk: When the items are delivered to the customer, the risk of damage, loss, or destruction of the goods passes to the customer. In the event that any items belonging to JT are lost or damaged while in the customer's possession, the customer must compensate JT, but the amount of the indemnity cannot be greater than the total amount owed by the customer to JT.
Limitation of Liability. (a) in the event of any goods sold or agreed to be sold by JT not complying with the express terms of the contract JT will at its sole discretion replace the defective goods or render such services as the case may be free of charge to the customer or alternatively will refund all payments made by JT by the customer in respect of such goods or services save as aforesaid and (save in respect of death or personal injury resulting from any negligence of JT or its servants) JT shall not be a liable for any claim or claims for direct or indirect consequential injury loss or damage made by the customer against JT (whether in contract or in depict including any negligence on the part of JT or its servants) arising out of or in connection with any defect in goods or any act, emission, neglect or default (whether or not the same constitutes a fundamental breach of these terms or a bridge of a fundamental terms thereof) of JT or its servants in the performance of these terms. (b) where advice is given by JT or its representatives or servants as to the appropriateness of any goods for any particular purpose such advice as given in good faith, the customer shall recognize that JT cannot guarantee that action taken by the customer falling upon receipt of such advice will have the result intended or that application of any advice well be completely affected accordingly JT will not be liable for any loss, injury or damage suffered by their customer as a result of any such advice given except in respect of death or personal injury. (c) Instructions on use application and operation of the goods will normally be given as handbooks or instruction operation manuals supplied by the manufacturer or manufacturers at that time of delivery. JT will make every effort to describe use application or operation of the goods but if such description combines with any handbooks or instruction operating manuals as deemed by their customer to be insufficient, then it shall be their customers responsibility to ask JT for further detail that customer shall further accept that certain goods whether due to reasons for simplicity or otherwise are supplied without handbooks or instruction operating manuals. Design and Patents The customer shall indemnify JT from all claims, demands, damages, penalties, costs, expenses and all liability in respect of the infringement of any patent design, registered design, copyright or other industrial property right or breach of confidence (not being a breach of confidence by JT) resulting from or arising in the performance of any contract JT does not warrant the supply or the use of goods in the United Kingdom or elsewhere is not an infringement of the rights of third parties an industrial property.
Beyond the control. When a duty of JT under this contract is delayed or not performed because of an occurrence outside of JT's control, JT shall not be liable for any resulting losses or damages, and JT shall have the right to refuse to permit the customer to cancel their relationship in such an event. In this case, the customer agrees that JT will not be liable for any resulting loss or harm.
Used Vehicles: The buyer must accept that used products of any kind, including vehicles, will be supplied in the condition specified in the contract. These conditions can be identified as: (a) Trade Sale: In this case, the customer must accept delivery of the items in exactly the same condition as when the contract was signed. JT has no desire for the items in any way, and this contract exempts JT from any liability for loss, damage, or claims of any type. When picking up such items from JT, it is still the customer's duty to make sure that only fully roadworthy vehicles that have a current Department of Transport test certificate, a valid and current road tax, and appropriate insurance are driven on public roads; otherwise, the items must be picked up by appropriate transport. (b) Retail Sale: In this case, the client must agree that the items will be supplied in the same state they were in at the time of the transaction, barring any expressly agreed-upon work or refurbishment. If at the time of the contract, an agreement is made to perform a service, such service shall not include any work beyond the scope of a basic service on engine and running gear as well as a road-worthiness check. The customer shall acknowledge that the purchases are of used goods and as such will have been subject to prior use. The customer must agree that this does not include checking, replacing, or adjusting any item(s) not related to the vehicle's driveline or any item(s) not covered by a Department of Transportation test or safety inspection. JT will make every effort to guarantee that the declaration in "Schedule A" is true when selling pre-owned vehicles. However, should the information and such declaration later prove to be inaccurate, JT shall not be liable for any loss, damages, or claim of any kind.
Guarantee for New Items: According to the terms and circumstances set forth by the different producers, the majority of new goods come with warranties. At the time of delivery, specifics of these guarantees will be provided, and it is the customer's obligation to ensure that they are completely understood. Some new products are given to JT because of convenience or for other reasons, and then given to the client without documented warranty information. From the date of delivery, these products shall be assumed to be covered by a six-month warranty. (a) During the warranty period, JT will arrange for repair or replacement of any portion or parts of the goods that become faulty owing to subpar manufacturing or materials, subject to the conditions mentioned in (c) & (d) below. (b) JT shall have no other liability with regard to such warranty other than that stated in (a) above. (c) That the products must not have been mistreated, altered, or utilized in competition, rallying, or racing. (d) No vehicle equipment or cargo may have been loaded above the corresponding permissible plating weights or safe working loads. Certain new products come with exclusive extended warranties. Although the terms, conditions, and operation of the warranty will be explained at the time of delivery, it is the customer's obligation to ensure that they are completely comprehended. It is the obligation of the client to seek out additional information or clarification from JT if necessary if this is not completely understood.
Guarantee of the goods: The contract's "Schedule A" will specify the warranty's type and duration. There is no warranty of any sort on used products of the category mentioned in (a) above. The following types of used items must fall under the category stated in (b), have the guarantee duration specified in "Schedule B," and be used: (a) Exclusive Used Car Warranties Depending on their age, mileage, and vehicle make, various underwriting companies are used. The buyer must understand that the specifics of the warranty that comes with the car are covered by a separate contract with the underwriting company involved. These details are given at the time of contract. The customer further acknowledges that JT shall not have any liability beyond the provisions of the specific used car warranty, and agrees to be governed by its terms and conditions. Just Tankers used vehicle warranty shall apply to certain automobiles that do not meet the requirements for proprietary used vehicle warranties. In addition to being thoroughly outlined in the Just Tankers used vehicle warranty policy, details of the warranty are provided at the time of contract. On request, a copy of which is available. It is still the obligation of the customer to inquire about additional information or clarification from amp if the terms and conditions of these guarantees are not completely understood at the time of the contract.
Resale: The consumer guarantees that he is ordering new items for his personal use and will not resale them as new goods in the course of any business he operates.
Waiver - Failure by JT to enforce any of its rights under the contract shall not be construed as a waiver of those rights, nor shall JT be held to have consented to the removal of any term or condition by JT's failure to exercise those rights.
Set Off: Just Tankers reserves the right to set off against any amount due from it to the customer by any debt which might be due from the customer to JT.
Termination. If the customer commits a breach of any of its obligations hereunder or becomes insolvent to the extent of bankruptcy or, if any incorporated company has a receiver or liquidator appointed for any of its property or business undertakings or announces that it is ceasing to trade other than for declared legitimate reasons such as retirement whilst continuing to honor existing contracts) and fails to make payments as due, suspends payment or notifies any of its creditors that it is unable to meet its debts, or that it is about to suspend payment of its debts or convenes , calls or holds a meeting of creditors or is adjudged bankrupt or signs a trust deed for behoove of its creditors or being a body corporate, cause or holds in meeting for the purpose of going into liquidation (other than for purposes of reconstruction or amalgamation) by the making of an order or the passing of a resolution for winding up or if the customer is a partnership and any of the aforesaid events occurring with respect to the partnership or to any partner therein, then this contract shall forthwith be determinable at the option of JT but without prejudice to any rights of JT accrued prior to such determination.
Customers' Rights: Whether based on the Sale of Goods Act 1893, Sale of Goods Act 1979, or common law, JT does not waive or otherwise limit any of the contractual rights granted to customers.
Law: The Law of Scotland shall govern this agreement in all respects, including the interpretation, validity, and performance of this agreement and all things related thereto.
Notices: Any notice or notices given in connection with this contract may be delivered personally, left at the last known address, residence, or place of business, or sent by mail or email to the same, and will be assumed to have been received twenty-four hours after the date of posting.
TERMS AND CONDITIONS OF RENTAL
1. Parties: The Agreement between:
A. Just Tankers as a vehicle and equipment rental company with its Registered Office at Gilmore Services Limited 125-127 Connsbrook Avenue Belfast Co Antrim Northern Ireland BT4 1JXB.
B. Herein called the Lessee.
2. Background: To this aim, the Parties have agreed as follows: "Subject to the terms of the Agreement mutually adhered to and subject to availability, the Lessor wishes to lease and the Lessee to accept on lease from time to time any cars, trailers, and auxiliary equipment henceforth referred to as "Equipment."
3. Agreed Upon Matters: a) The Lessor's equipment contract, a copy of which is attached here and referred to as the contract, will make note of the Equipment accepted on lease. b) The Lessee is responsible for ensuring that any individual (hereafter referred to as the Lessee's Agent) who collects or returns the Equipment, as specified in Clause 4 below, is duly authorized to sign the agreement on its behalf. c) The lessor is under no need to verify that the lessee agent's signature on the form demonstrates that he has the legal authority to bind the lease. d) By signing the Lessees Agent's signature on each and every contract, the Lessee hereby agrees to ratify the agreement. Requirements for leasing the following terms shall apply to each Contract signed by the Lessees Agent:
4. Equipment: The phrase "Equipment" refers to the items listed on the contract as well as any supplemental equipment that was provided along with it.
5. Bringing back the equipment: On the final day of the minimum lease period indicated in the contract, the lessee must deliver the equipment to the lessor's depot within regular business hours. In the event that the Lessee fails to return the Equipment or any portion of it, the Lessee shall be deemed to continue until the Lessee delivers the Equipment to the Lessor or the Lessor takes possession of the Equipment. The Lessor's right to enforce the terms of the lease are unaffected by accepting returned equipment or taking possession of it again. If the lessor needs to pick up the equipment from a location other than the designated lessors depot, the lessee is responsible for covering all associated costs, fees, and expenses.
6. Renter's Obligation to Pay: The lessor must receive written notification of the termination of the lease within seven days if the equipment has been leased for less than a month. If the equipment has been leased for more than one calendar month, the lessee is required to send the lessor written notice of termination 14 days in advance.
7. Equipment maintenance: Care must be taken by the Lessee who accepts by picking up the Equipment, but he must be completely satisfied with its condition and he must return it to the Lessor's Depot in the same condition (fair wear and tear excepted).
8. Equipment Maintenance: The lessee is responsible for performing maintenance in accordance with the manufacturers' specifications and the lessor's current practice as communicated to the lessee from time to time. Unless otherwise specified in writing, the Lessee shall guarantee that all MOT testing and replacement of tyres are performed by or purchased by the Lessor.
9. Damage: The Lessee shall be presumed to continue until the Equipment is in a condition compatible with the Lessee's responsibility herein when the Equipment is returned or repossessed in a damaged condition (fair wear and tear exempted). Tyre damage will be charged to the lessor at the manufacturer's current suggested retail prices, less reasonable wear and tear.
10. Equipment Usage: a) The Lessee shall not use the Equipment or permit its use in any manner that violates any statute, regulation, or order relating to the operation of motor vehicles, or anywhere else in connection with the carriage of goods, or in any other manner that endangers the public or those inside the vehicle, or that could result in equipment damage. b) The Lessee must not use the Equipment to carry loads that are heavier than the Equipment's plated weight, and all loads must be equally distributed across the center floor of the Equipment. c) The Lessee shall ensure that the Equipment is used carefully and properly and that all requirements of any applicable law, including subsidiary or de facto laws, are followed, regardless of whether they are in effect in any particular nation or supranational entity. d) Unless expressly stated on the Rental Contract and in writing by the Lessor, the Lessee shall limit use of the Equipment to the United Kingdom. e) The Lessee is responsible for making sure the Equipment is not used for any products or materials that would make it unsuitable for transporting other items. f) The Lessee is responsible for making sure any trailers or motive units utilized with the equipment are appropriate and appropriately outfitted for that usage. g) The Lessee must make sure that the Equipment remains the lesser exclusive and undivided property, with the exception of any instances in which the Lease grants the Lessee custody of the Equipment. h) The Lessee will keep the equipment and his own possession throughout the duration of the Rental and won't sign, mortgage, pledge, underwrite, lend, sell, or otherwise trade with the Equipment or any portion of it.
11. The Lessor inspects the property: The Lessee must give the Lessor access to the Equipment at all appropriate times so that it can be inspected, tested, adjusted, and repaired.
12. A mishap or breakdown: Any time the Equipment breaks down or is involved in an accident, the Lessee is required to call the Lessor as quickly as possible and confirm all the pertinent information in writing within 48 hours of the occurrence.
13. Revisions and repairs: Without the lessor's prior written consent, the lessee is not permitted to alter the equipment or seek to repair any damage to it.
14. Rent: a) Rent is stated on the front of the contract. b) The day the Lessee begins and the day the Equipment is returned in accordance with Clause 5 of these terms, or the date by which any repairs to the Equipment or damage suffered during the term of Lease have been completed by the Lessor or its Agent, whichever is later, are included in the period for which Rent is payable. c) Value Added Tax will be added individually to bills and is not included in the rental fee mentioned in the contract. d) The Lessee is required to make a prepayment equal to two months' worth of rent before the Equipment is picked up. A bill for the first month's rental of the equipment must be raised by the lessor at the beginning of the rental. Within 28 days of receipt, the Lessee shall pay the lessor all invoices, including this one. Any outstanding sums will be subtracted from the down payment upon termination of the lease, and any remaining funds will be returned to the lessee. e) Regardless of whether the equipment is returned early, the minimum charge is the one that applies to the Minimum Agreed Rental Period as stated on the Contract when the Lease acknowledges it.
15. Rental Fee and Additional Payments: Along with the rental fee, the Lessee also agrees to pay the lesser (a) any penalties or court fees for parking, traffic, or other infractions related to the equipment that they or the lesser may incur during the rental period. (b) The Lessor's costs and expenses, which include reasonable legal fees, as well as court costs associated with obtaining payments owed by the Lessee under this agreement. Within 10 days after the date of the applicable invoice, the lessee shall pay any amounts payable under this agreement to the lessor. After the 10-day window from the date of the pertinent invoice to the date of payment has passed, interest at a rate of 4% p.a. over the Finance House Base Rate must be paid on all monies still owed to the lessor.
16. Identification Marks: The Lessee shall not remove, obliterate or abuse any identification marks on the Equipment without the consent in writing of the Lessor.
17. Insurance: a) The Lessee shall ensure that the Equipment is insured to the full insurable value including total loss thereof and including insurance against six months loss over until calculated in accordance with Clause 5 of these conditions and including all Third-Party liability. b) The Lessee must provide proof of comprehensive insurance and provide one copy to be retained at the Lessor Registered Office.
18. Total Loss: In the event of total loss of the Equipment or any part thereof the damage payable shall be the current market value of the Equipment.
19. Taxes: The Lessee shall keep the Equipment free and clear of all liens and encumbrances and shall pay all license fees, registration fees, assessment charges and taxes which may now or hereafter be imposed upon the ownership's leasing, rental, sole possession or use of equipment excluding any taxes on or assessed by reference to the profits of the Lessor.
20. Set Off: The Lessee hereby waives any and all existing and future claims and sets off against any incumbent instalment of rent or other payment due or to be become due hereunder and agrees to pay their rents and other assessments hereunder regardless of the equity set off or counterclaim on the part of the Lessee against the lessor.
21. Rate of Exchange: Where the parties agree that amounts due hereunder shall be quantified in a currency other than that in which they are to be paid than unless otherwise agreed the rate of exchange shall be that prevailing on the London Money Market at the date the relevant amount is payable.
22. Right to Possession: The Lessor shall be entitled to repossess the equipment in the event of any breach by the Lessee of these Conditions or if the Lessee commits any act of bankruptcy or (being a company), shall enter into liquidation or if any distress or execution is levied upon any property of the Lessee.
23. Indemnification: a) The Lessee assumes responsibility for and will hold the Lessor harmless from any and all claims, lawsuits, writs, procedures, fees, expenses, damages, and liabilities resulting from the Equipment or use of the Equipment. (b) All acts and things that may be necessary or reasonably required by the lessor for the purpose of enforcing any rights or remedies or of obtaining relief or indemnity from other parties with respect to any loss or damage to or in connection with the equipment during the period of rent shall be performed by the lessor at the request and expense of the lessor, and the lessor shall render an account to the lessor for any such acts and things.
24. Goods: The lessor is not responsible for any loss or damage to products, common materials, or goods left on the equipment by the lessee or anyone else during or after the rental period. The lessor is hereby given the unrestricted right to dispose of any such property, and the lessor's agent is hereby held harmless from and indemnified against any claims based upon or resulting from such loss, damage, or disposition.
25. Law: The Law of Northern Ireland shall apply to these terms.