General terms of delivery Business and community clients

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. The terms of supply shall apply to deliveries of gasoline, diesel oil, light and heavy fuel oil by the Seller to the Buyer’s containers.

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 good time before the beginning of any deliveries, the Buyer shall be obliged to provide precise information about the destinations of the delivery, including storage container details, possible contact persons at the destinations, limitations of delivery times, invoicing details as well as possible reference information for the delivery destinations. With his signature, the Buyer accepts the Seller's offer and assures that the information given by him is correct.

PERIOD OF VALIDITY OF THE CONTRACT

The contract is valid in accordance with the approved offer.

CLAIMS

Any claims must be notified within 8 days from the date of the invoice. Claims concerning the supply or the Goods should be reported by telephone to the number +358 800 183 301 (toll free), invoice enquiries to the number +358 20 331 900 (cost of calls 8,8 c/min).

CHANGE OF DELIVERY OR CONTACT INFORMATION

The Buyer shall be obliged to inform the Seller without delay about any change in delivery or contact information or invoicing/delivery address, changes in consumption information stored on the system, and any other prerequisite measures, which are 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 loss resulting from the Buyer’s failure to notify the Seller.

TERMS OF DELIVERY

Normal form of delivery is the delivery based on order. The Seller’s normal delivery time is 3-5 working days from the date of the order, if no exact delivery date has been separately agreed. Due to high demand or exceptional weather conditions, the delivery time may be longer than normal. It is the Buyer’s responsibility to ensure unhindered access to the delivery site in all circumstances so that the operation of the tanker truck is safe and 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.

FIXED DELIVERY

The Seller and the Buyer may agree on a fixed delivery of liquid fuels to the tank of the client according to the following principles. The fuels shall be delivered automatically in accordance with the agreement between the Seller and the Buyer. The deliveries can be agreed to take place daily, weekly or at longer intervals. In weekly deliveries, if the operation so requires, it is possible to agree delivery date/ days, however, not the time. Fixed delivery is suitable for delivery destinations, where consumption is stable and is not dependent on the weather conditions or the changes in needs for heating or other energy produced with fuel oil, such as changes in the production or other activities.

The Seller shall agree with the Buyer the tank information, delivery addresses, a fixed amount of supply and delivery interval. At each delivery, the agreed volume of fuel will be discharged from fuel tanker to the Buyer’s container. In case of necessity the Seller may also discharge more than the agreed amount, if it is possible taking into account the tanker capacity and other delivery sites. If the Buyer’s container capacity does not allow to discharge the agreed quantity or discharge is prevented due to reasons attributable to the Buyer, the Seller has the right to charge the Buyer for any verified costs incurred by the Seller in this connection. The Buyer shall be liable to advise the Seller of any changes in the agreed supply intervals, deviations from the agreed fuel oil consumption, change of the product grade, for instance, the change from summer grade into winter grade, and vice versa. The Seller is not liable for any damage caused by possible running out of fuel, if the deliveries by the Seller have taken place in accordance with the agreed terms of delivery.

The container’s size must be in relation to consumption. Deliveries take place Monday - Friday.

DEGREE-DAY DELIVERY

Degree-day delivery is suitable for residential and other small real estates, where fuel oil is used for heating the buildings.

The Seller shall be responsible for delivering fuel oil automatically to the Buyer’s container on the basis of the Seller’s calculation system. A precondition for degree-day deliveries is that the Buyer exclusively uses the product delivered by the Seller at the delivery destination.

In order to enter into a degree-day delivery contract, the Buyer shall notify the Seller of the capacity of the storage container at the destination, the annual consumption estimate of the real estate as well as the name and telephone number of the contact person. The Buyer shall be liable to advise the Seller of any essential deviations from normal fuel oil consumption for the real estate, dates of the container service, any change in the container capacity or alterations of the heated area size.

Degree-day delivery is not suitable for locations where other forms of heating are used together with the fuel oil system, or where, for example, the demand for heating oil is essentially dependent on hot water consumption and fluctuation in that consumption. The capacity of the storage container for degree-day delivery should be at least 3000 litres. The Seller reserves the right to decline any degree-day delivery contract. Both Parties shall have the right to terminate the contract on degree-day deliveries upon a written notice.

FORCE MAJEURE

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

DELIVERY

The goods shall be delivered by a tanker to the Buyer’s container. The volume of fuel invoiced shall constitute the amount of liters delivered, as shown by the flow meter of the tanker or, in case of heavy fuel oil, the weighed amount contained in the tanker. A functional overfill protector is a prerequisite for discharging any fuel from tanker. Title to the Goods shall pass to the Buyer on completion of the discharge. The Buyer shall not have any right of return in respect of the Goods.

MINIMUM DELIVERY

The minimum delivery amount of light fuel oil shall be 1000 liters, gasoline and diesel oil 1500 liters, heavy fuel oil – partial load (truck or trailer load). Where the quantity ordered by the Buyer amounts at least to the minimum delivery quantity, but the quantity capable of discharging into the Buyer’s container is less than the minimum delivery amount ordered, the Seller shall be entitled to invoice the Buyer for a surcharge, applicable for small deliveries.

If the quantity delivered is, due to the Seller, smaller than the quantity ordered, the missing quantity, if so agreed, can be delivered afterwards (only applies to light fuel oil; minimum delivery amount is 500 liters).

GOODS

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

PAYMENT TERMS AND DELAYED PAYMENT

The Seller and the Buyer shall agree upon the term for payment upon placement of the order. The amount of Interest on delayed payment charged by the Seller is determined by the Interest Act for individual clients, and is 16 % for corporate clients. The Seller or his representative shall have the right also to charge the Buyer for reasonable payment reminder and collection fees.

LIABILITIES

The Seller shall be liable for any direct damage caused by defective product or loss resulting from delayed delivery. Liability does not apply to indirect or consequential damage, such as a reduction of turnover or loss of profits. The maximum level of compensation is the value of defective or delayed consignment.

The Seller shall not 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 relevant regarding the delivery process.

The Buyer shall be liable for any loss caused by an erroneous installation of the filling 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 any loss incurred by the fact that the filling of the containers has not been prevented after removal of the containers from service pursuant to the authorities’ regulations (filling connectors, overfill protector and vent pipe have not been removed, etc.).

The Buyer is conscious 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.

The Seller shall not liable for any loss or damage to Goods or to the Buyer resulting from inadequate storage or any mixing of fuel oil in the container or at the usage destination with a product delivered by a supplier other than the Seller.