Terms & Conditions
1.1 “Seller” shall mean McPartland Oils Ltd. T/A Coal Online Direct. its successors and assigns or any person acting on behalf of and with the authority of McPartland Oils Ltd. T/A Coal Online Direct.
1.2 “Buyer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Buyer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Seller to the Buyer.
1.5 “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 3 of this contract.
1.6 Non delivery or part loss of or damage to a consignment must be advised in writing to us within 3 days of receipt of the delivery ticket otherwise full payment will be sought on the invoice.
2. Acceptance
2.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be amended with the written consent of the Seller.
2.4 The Buyer undertakes to give the Seller at least fourteen (14) days notice of any change in the Buyer’s name, address and/or any other change in the Buyer’s details.
3. Price And Payment
3.1 At the Seller’s sole discretion the Price shall be either;
(a) as indicated on delivery dockets provided by the Seller to the Buyer in respect of the Goods supplied; or
(b) as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(c) the Seller’s quoted Price (subject to clause 3.2) which shall be binding upon the Seller provided that the Buyer shall accept the Seller’s quotation, in writing, within twenty four (24) hours.
3.2 The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation.
3.3 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms.
3.4 At the Seller’s sole discretion;
(a) payment shall be due on delivery of the Goods, or
(b) payment shall be due before delivery of the Goods, or
(c) payment for approved Buyers shall be made by instalments in accordance with the Seller’s payment schedule.
3.5 Payment will be made by cash, or by cheque, or by bank cheque, or by any other method as agreed to between the Buyer and the Seller.
3.6 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery Of Goods
4.1 At the Seller’s sole discretion delivery of the Goods and shall take place when;
(a) the Buyer takes possession of the Goods at the Seller’s address, or
(b) the Buyer takes possession of the Goods at the Buyer’s address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier).
4.2 At the Seller’s sole discretion the costs of delivery are included in the Price.
4.3 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
4.5 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
4.6 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
(a) such discrepancy in quantity shall not exceed 5%, and
(b) the Price shall be adjusted pro rata to the discrepancy.
4.7 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
4.8 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
5. Risk
5.1 If the Seller retains ownership of the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
6. Title
6.1 It is the intention of the Seller and agreed by the Buyer that ownership of the Goods shall not pass until:
(a) the Buyer has paid all amounts owing for the particular Goods, and
(b) the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer.
6.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights in respect of the Goods shall continue.
6.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until the Seller shall have received payment and all other obligations of the Buyer are met; and
(b) until such time as ownership of the Goods shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Goods or any of them to the Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease; and
(c) the Seller shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Buyer fails to return the Goods to the Seller then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods; and
(e) the Buyer is only a bailee of the Goods and until such time as the Seller has received payment in full for the Goods then the Buyer shall hold any proceeds from the sale or disposal of the Goods on trust for the Seller; and
(f) the Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller; and
(g) the Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller; and
(h) the Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer; and
(i) until such time that ownership in the Goods passes to the Buyer, if the Goods are converted into other products, the parties agree that the Seller will be the owner of the end products.
7. Buyer’s Disclaimer
7.1 The Licensee/Buyer will be responsible for providing safe and suitable bulk storage and for ensuring that it will take the full quantity ordered and will indemnify the Seller against damages, claims, expenses or costs which may arise as a result of the buyer not observing these conditions.
8. Defects
8.1 Where bulk delivery of fuel is by hose, the quantity shown by the tank meter ticket shall, for the purposes of the account, be accepted by you as the quantity delivered. You may check the gauge on the tank at any time of the delivery.
9. Returns
9.1 Returns will only be accepted provided that:
(a) the Buyer has complied with the provisions of clause 7.1; and
(b) the Seller has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Buyer’s cost within twenty four (24) hours of the delivery date and time; and
(d) the Seller will not be liable for Goods which have not been stored or sold in a proper manner;
9.2 The Seller may (in its discretion) accept the return of Goods for credit or refund but this may incur a handling fee of 10% of the value of the returned Goods plus any freight.
10. Warranty
10.1 To the extent permitted by statute, no warranty is given by the Seller as to the quality or suitability of the Goods for any purpose and any implied warranty is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
11. Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
11.1 This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Buyer is contracting within the terms of a trade/business (which cases are specifically excluded).
11.2 Notwithstanding clause 11.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15), or the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts laws or legislation.
11.3 In particular where the Buyer buys Goods as a consumer the provisions of Clauses 8, 9 and 10 above shall be subject to any laws or legislation governing the rights of consumers.
12. Default & Consequences of Default
12.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 3% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
12.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller’s collection agency costs.
12.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
12.4 If any account remains overdue after thirty (30) days then an amount of the greater of €20.00 or 10.00% of the amount overdue (up to a maximum of €200) shall be levied for administration fees which sum shall become immediately due and payable.
12.5 Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
(b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer.
13. Security and Charge
13.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever:
(a) where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) should the Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) The Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 13.1.
14. Cancellation
14.1 The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
14.2 In the event that the Buyer cancels delivery of Goods the Buyer shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
15. Data Protection Act 1988 & Data Protection Act 2003
15.1 The Buyer and the Guarantor/s (if separate to the Buyer) authorises the Seller to:
(a) collect, retain and use any information about the Buyer, for the purpose of assessing the Buyer’s creditworthiness or marketing products and services to the Buyer; and
(b) to disclose information about the Buyer, whether collected by the Seller from the Buyer directly or obtained by the Seller from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgement) a default by the Buyer on publicly accessible credit reporting databases.
15.2 Where the Buyer is an individual the authorities under (clause 15.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act 2003.
15.3 The Buyer shall have the right to request the Seller for a copy of the information about the Buyer retained by the Seller and the right to request the Seller to correct any incorrect information about the Buyer held by the Seller.
16. Seller’s responsibilities
16.1 It is the Seller’s responsibility to comply with the codes of practice of the Industry.
17. Buyer’s responsibilities
17.1 It is the Buyer’s responsibility to ensure that the premises and equipment where the Goods are stored are suitable, in good condition, and are fully in accordance with the Seller’s instructions and the regulations of the Industry.
18. General
18.1 Each clause of this contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
18.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.
18.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
18.5 The Buyer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Buyer by the Seller.
18.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
18.7 The Seller reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Buyer of such change. Except where the Seller supplies further Goods to the Buyer and the Buyer accepts such Goods, the Buyer shall be under no obligation to accept such changes.
18.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
Irrespective of the date of order all products supplied are chargeable at the prices ruling on the day of delivery.
The Licensee/Buyer will be responsible for providing safe and suitable bulk storage and for ensuring that it will take the full quantity ordered and will indemnify the Seller against damages, claims, expenses or costs which may arise as a result of the buyer not observing these conditions.
Where bulk delivery of fuel is by hose, the quantity shown by the tank meter ticket shall, for the purposes of the account, be accepted by you as the quantity delivered. You may check the gauge on the tank at any time of the delivery.
Non delivery or part loss of or damage to a consignment must be advised in writing to us within 3 days of receipt of the delivery ticket otherwise full payment will be sought on the invoice.
We will hold you responsible for the safety of your property and of our vehicles if the delivery vehicle is required by you to leave the public road and to enter on to your property to make delivery of fuels.
Risk in the goods shall pass to the buyer at the point of delivery. Ownership of the goods remains with us until the payment has been received and until then we may receive or resell the goods or any part of them and our servants or agents may enter upon your premises to recover the fuel and or goods to the value of. Interest costs and charges will be your responsibility.
Acceptance of delivery will be treated as an acceptance of the foregoing conditions.
Reservation of Title remains with McPartland Oils Ltd. T/A Coal Online Direct, until Goods paid in full.
Full Terms of Trade are available on request, and are on the back of all Credit Account Application Forms.
1. Introduction
We at McPartland Oils Ltd. T/A Coal Online Direct respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2002. The purpose of this Website Privacy Policy is to outline how we deal with any personal data you provide to us while visiting this website. Naturally, if you are not happy with this Website Privacy Policy you should not use this website.
By visiting this website, you are accepting the terms of this Website Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.
2. Types of Information Collected
We retain two types of information:
“Personal Data”
This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, mobile and telephone number, information preferences and user IP addresses in circumstances where they have not been deleted, clipped or anonymised. Such information is only collected from you if you voluntarily submit it to us.
“Non-Personal Data”
Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our website.
3. Purposes for which we hold your Information
Non-Personal Data
We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.
Cookies
This website uses “cookie” technology. A cookie is a little piece of text stored by the browser on your computer, at the request of our server. We may use cookies to deliver content specific to your interests and to save your personal preferences so you do not have to re-enter them each time you connect to our website – our cookies are not available to other websites. You are always free to decline our cookies, if your browser permits, or to ask your browser to indicate when a cookie is being sent. You can also delete cookie files from your computer at your discretion. Note that if you decline our cookies or ask for notification each time a cookie is being sent, this may affect your ease of use of this website.
Personal Data
We will process any Personal Data you provide to us for the following purposes: (a) to provide you with the goods or services you have ordered; (b) to contact you if required in connection with your order or to respond to any communications you might send to us; (c) to send you email and SMS communications that you have opted into receive.
4. Disclosure of Information to Third Parties
We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include website tracking services, commercial partners, researchers and other similar parties.
We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil your order (in such circumstances, the third party is bound by similar data protection requirements).
We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
5. Security
Your Personal Data is held on secure servers hosted by our internet service provider. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet.
No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data.
6. Updating, Verifying and Deleting Personal Data
You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2002 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please send an email to with your email address and the information you would like to view and email it to us at info@mcpartlandoils.com.
7. Changes to the Website Privacy Policy
Any changes to this Website Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use Personal Data in a manner significantly different from that stated in this Website Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.
While McPartland Oils Ltd. uses its reasonable efforts to maintain this website in an accurate and up-to-date fashion it may contain some technical or other mistakes, inaccuracies or typographical errors. McPartland Oils Ltd. cannot be held responsible for any mistakes or omissions on this website.
