Sales conditions

"Seller" means BIOFUEL EXPRESS A/S and "Buyer" is the person, firm, company, or other legal entity referred to in the agreement/invoice as buyer, purchaser etc. These conditions apply except in so far as where they are inconsistent with any other agreement entered into between Seller and Buyer before the delivery. Acceptance of goods will be treated as acceptance of Seller's conditions. 

1.         Irrespective of the date of order all products supplied are chargeable at the prices ruling on the day of delivery.

2.         If Seller delivers in bulk it is the responsibility of Buyer: (a) to provide a safe and suitable bulk storage that complies in all respects with all relevant requirements of and/or regulations of relevant jurisdiction and competent authority; and (b) to ensure that the storage into which delivery is to be made will accommodate the full quantity ordered and to effect that the connecting hose is properly and securely connected to the filling point as Buyer is referred to the regulations in force from time to time relating to storage and use of bio fuel. 

3.         It is a condition of every bulk sale that the quantity shown by any measuring devices employed by Seller shall for the purposes of accounts be accepted by Buyer as the quantity delivered. Buyer may be represented at the taking of these measurements in order to verify them. Seller cannot accept any responsibility whatsoever for discrepancies in Buyer's tanks, dip rods or other measuring devices. If on any delivery any representative of Buyer mounts any vehicle used on that delivery the representative of Buyer shall do so at own risk and Seller accepts no responsibility.

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

5.         The property in any product delivered to Buyer shall pass on payment of all debts owed by Buyer to Seller on goods account or any other account. In the period from the delivery of the products down to such payment the products shall be held by Buyer as a bailee for Seller, but without prejudice to the foregoing Buyer may use the products or (if approved pursuant to clause 6 below) sell them in the normal course of business. 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 Buyer is in breach of the terms of payment under this agreement. The price of the products shall be due and payable notwithstanding that the property of the goods has not been passed to Buyer.

6.         The products supplied under this agreement are intended for Buyer's use only. Unless otherwise agreed in writing between the parties in the case of resale or exchange of products, additional terms will be required between the parties.

7.         All prices are exclusive of value added tax which will be charged, if applicable, at the rate in force at the time of supply.

8.         Terms of payment in respect of each delivery of products made under these conditions shall be cash on delivery or such other terms as may previously been agreed between Seller and Buyer. Unless otherwise agreed in writing any delay of payment by Buyer shall cause Buyer's payment of an interest of 1.5 percent per month from the date stipulated by Seller for payment.

9.         Seller's total and aggregate liability shall not exceed the amount paid by Buyer under this agreement or order in question. Seller shall under no circumstances be liable for loss of production, loss of profit, or other consequential damage or indirect loss.

10.       Seller shall not be responsible for the non-fulfilment of its obligations if the non-fulfilment is a consequence of force majeure, Seller's supplier's force majeure or any other cause beyond the Seller's control.

11.       These conditions and any related agreement shall be governed by Danish Law. Any disputes arising out of these conditions and any related agreement shall be brought before the Copenhagen District Court, as the court of first instance.12.       Any deviations from the conditions must be agreed to and confirmed in writing by Seller.