GENERAL TERMS AND CONDITIONS P1 Racing Fuels Ltd.
These conditions take precedence over all other conditions featuring on the buyer’s
Throughout these General Terms and Conditions and the Sale contract, the following definitions shall be applied:
- “Agreement” means the Sale contract together with or these General Terms and Conditions.
- “Racing fuels” means products derived from crude oil and or chemicals, delivered or to be delivered to the Buyer or to its designated location.
- “Seller” means P1 Racing Fuels Ltd.
- “buyer” means the party contracting to purchase, take delivery of and pay for the products or services, including any agent acting on behalf of the Buyer or the Team. If the Buyer purchases the products and services as an agent for another person or entity, or the products are purchased by any person or entity as an agent of the Buyer, whether or not such agency is disclosed, such agents or principals shall be jointly and severally liable with the Buyer for all obligations in, and performance of, the Agreement.
- “Refuel service” means the process of refueling a Buyers Vehicle with Racing fuels at rally events serviced by the Seller.
- “Vehicle” means a motor vehicle which is used by the Buyer for racing events, promo events or any other forms of utilization.
Offers / Prices
The products are invoiced for the price as agreed on the order or in the contract. The price can be fixed for a spot sale or for a monthly, quarterly, six monthly or annual term, according to what is agreed on the order or in the contract. As long as the buyer has not placed an order, the Seller reserves the right to modify, without prior notice, its products, their prices
Orders / Sales
By placing an order, the buyer is deemed to have accepted in full, without reservation, these general sales conditions. As from the Seller’s acceptance of the order, the buyer shall be obliged to take possession of the products for the quantities within the time limits and the place of delivery indicated on the order.
Quantity / Quality / Transfer Of Risk / Deliveries
Quantity – Packaged: The content of each package is checked during the packaging operations. The number of packages is noted when loading and recorded on the transport documents which shall be considered as binding. Quality: When delivering the products, the Seller supplies the buyer with a certificate of product conformity drawn up prior to loading in the depot. Transfer of risks: the transfer of risks from the Seller to the buyer occurs at the agreed place of delivery in conformity with the Incoterm (Incoterms® Rules ICC 2000 / 2010), as stated on the order or in the contract. As from this transfer of risks, the buyer becomes the custodian of the products and as such is responsible for all the risks of loss or damage suffered by said products and is fully responsible for all consequences pertaining to them. The buyer shall also bear the insurance costs related to said transfer of risk. Verifications performed by the buyer: The buyer shall perform all necessary verifications when receiving the products. Claims made by the buyer shall only be accepted if made in writing and accompanied by proof of the defects or anomalies mentioned. The burden of proof lies with the buyer. In the case of removal of the products by the buyer, possible claims against the transporter must be sent to the latter within a period of three (3) days. Quantity – Refuel service: When delivering products utilizing the Refuel service at selected rally events the Customer agrees to the figures displayed on the flow meter on the pumps used by the Buyer. The Seller herby accepts the fact that the pumping equipment has a 0.2% accuracy. Any disputes about delivered quantity will be void. Due to the conditions and nature of the service in the field both parties solely agree on using this specific type of pumps for the refuel service including their possible inaccuracy.
The means of payment are mentioned on the order or in the contract and while complying with the applicable legislation. All orders are to be paid in advance before product delivery.The Seller reserves the right to set a maximum amount of outstanding payments and to submit the supply of products to the provision of a guarantee while taking into account the possibly agreed delay for payment. If the maximum amount of outstanding credits has been reached or exceeded, the Seller reserves the right to freeze new order(s) until the amount outstanding falls below the credit limit, unless a payment is made in advance by the buyer, resulting in a reduction of said outstanding amount. Any sum not paid on the due date may lead, without prior notice being required, to immediate payment of all sums, even those that are not yet due, to the Seller and also to the modification of the payment conditions granted for ongoing and future orders. Regarding any amount remaining unpaid on its due date, the rate of interest of late payment penalties is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points. In addition, an administrative charge of €150, excluding VAT, will be invoiced to the buyer as from the 3rd reminder. Any partial payment of any kind whatsoever of the amount of one or more invoices, as well as of any amount of possible credit notes for returned products, will be allocated to the part of the debt. For export sales, the Seller can require the use of irrevocable documentary credit confirmed by the bank of its choice, all in conformity with the relevant rules and practices of the International Chamber of Commerce.
Retention of title
THE TRANSFER OF TITLE OF THE PRODUCTS SOLD TO THE BUYER SHALL OCCUR UPON FULL PAYMENT OF THE PRICE, INCLUDING THE PRINCIPAL AND ALL ANCILLARY COSTS, IRRESPECTIVE OF THE METHOD AND TERMS AND CONDITIONS OF PAYMENT USED. The buyer has custody of the products as soon as the risks are transferred to the buyer, as defined above. In order to provide for identification of the products belonging to P1 Racing Fuels, the buyer must respect the trademarks affixed and the indications displayed on the packaging. In addition, it must keep an inventory of the products in its possession and store them in clearly separated emplacements. Upon receipt, the buyer may make use of the products before full payment of the price, for the purpose of transforming, consuming and reselling them, in the course of its usual activities. This right shall be withdrawn automatically, without prior notice being required, if payment is not made on due date irrespective of the cause. The buyer shall provide to the Seller, at the first request by the latter, the inventory of the products still in its possession on the day of the due date or the date of payment indicated on the invoice, or at the start of any recovery or insolvency proceedings. The products featuring on this inventory shall be considered as those that remain unpaid. The Seller reserves the right to claim the products for as long as payment for them has not been made in full, even in the case of recovery or insolvency proceedings. The products shall be taken back at the cost of the buyer.
SAFETY DATA SHEETS FOR THE PRODUCTS SHALL BE PROVIDED BY THE SELLER.
Any loss or damage affecting the products or any property of the Seller, or of a third party, whether occurring before, during or after the loading and unloading operations, due to the buyer or any person acting on its behalf, shall be for the account of the buyer. The products delivered by the Seller conform to the applicable regulations and the buyer alone is fully responsible for their reception, storage and utilization in accordance with the conditions in conformity with the regulations. P1 Racing Fuels provides no guarantee whatsoever relating to the use of the products sold, as the buyer is solely responsible for verifying their compatibility with the use envisaged by the buyer.
None of the parties shall be held responsible towards the other party following a failure, lateness or omission in the full or partial performance of an order, provided that said failure stems or results from a force majeure event. By “force majeure” is meant, besides cases defined by the Czech jurisprudence, any event beyond the reasonable control of the Seller or the buyer, in particular: war, terrorist attack, riot, requisition, strike, damage affecting the installations used by the Seller, an event disrupting supplies by the Seller’s suppliers or the supply of crude oil to refineries, interruption of transport or means of communication, disturbance or prevention of transport of the products to be delivered due to shipping and air line companies. A force majeure event only releases the party that invokes such event from its contractual obligations insofar as and for as long as said party is unable to perform them. On no way whatsoever can a force majeure event be invoked in order to postpone or evade an obligation to pay on the due date. PRODUCTS WITH REMISSION OF CUSTOMS DUTIES: The documents concerning products with remission of customs duties shall be kept for a period of three (3) years and kept available for the Customs and Indirect Tax Administration. APPLICABLE LAW – ATTRIBUTION OF COMPETENCE AND JURISDICTION: Sales shall be governed by LAW OF REPUBLIC OF IRELAND, except for the rules for settling conflicts of law. ANY LITIGATION OR DISPUTE BETWEEN P1 Racing Fuels AND THE BUYER SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PRAGUE, EVEN IN CASE OF INTRODUCTION OF THIRD PARTIES OR SEVERAL DEFENDANTS.
Refuel service is provided to customers at events designated by the Seller. Because of the nature of the service the Seller provides the service without any guarantee. Any loss or damage affecting the products or any property of the Buyer, or of a third party, whether occurring before, during or after the refueling and service operations, due to the seller or any person acting on its behalf, shall be for the account of the buyer.
Pollution Prevention And Responsibility
In the event of an escape or discharge of any fuels, oil or pollutant from the Vehicle, which causes or threatens to cause pollution or pollution damage, Buyer and the Seller will promptly take whatever measures are necessary to prevent, stop and/or mitigate such damage or remove the threat or clean up and remove the pollution and/or pollution damage. Any of the aforementioned measures and expenses, including any delays shall be for the Buyer’s account.
Buyer warrants the Vehicle shall be in full compliance with all applicable international, federal, state and local laws, regulations and statutes and all applicable regulations and/or requirements of any race, rally or motorsport event or facility in place(s) where the Vehicle receives the fuels/products.
- This Agreement constitutes the entire agreement between the parties and
supersedeany prior or contemporaneous agreements and understandings, whether oral or written, with regard to the subject matter. The terms and conditions of this Agreement will govern and prevail over any purchase orders, shipping orders, delivery orders or other orders from Buyer, e-commerce or electronic terms and conditions or other writing between the parties.
- This Agreement, including the Sale contract, may not be amended or modified except by
writteninstrument executed by each party.
- No waiver by either party of any obligation, performance, breach or default hereunder or of its failure to enforce any of the provisions of the Sale contract or these General Terms and Conditions shall limit or waive the right of such party to enforce the Agreement and compel strict compliance with each and every provision.
- The Buyer shall not assign or transfer this Agreement, including the Sale contract, without prior notice and written consent of Seller.
- The Buyer represents and warrants that the individual and the entity signing the Sale contract is duly authorized to execute the contract on Buyer’s behalf and to bind the Buyer to all terms herein, and this representation and warranty shall survive any expiration or termination of this Agreement.
Any notice to Seller required hereunder shall be made in writing, addressed and transmitted to Seller as indicated below. As a convenience to Buyer, Buyer may first advise Seller by telephone at +420 230 234 209 regarding any information required to be noticed to Seller pursuant to Section 8 of this Agreement, provided that, any and all information communicated by Seller pursuant to such telephone call shall not be deemed as notice to Seller under this Agreement until the information is followed-up in writing, addressed to Seller as follows, and transmitted to Seller as indicated below: P1 Racing Fuels Ltd Knockavaddy, Furbo
Buyer will indemnify, defend and hold Seller, its parent companies and affiliated companies, all their employees, officers, directors, representatives and agents harmless from, of and against all claims, demands, liability, losses, lawsuits, arbitrations, regulatory proceedings, liens, environmental clean up costs, damages, and causes of action of every kind and character, including costs of defense, settlements, judgments, fines, penalties, assessments, interest, court costs (including legal costs and expenses incurred in enforcing this indemnity provision), for:
- any injury to, including death of, any persons (whether they be third persons or employees of either Party),
- any loss of, or damage or destruction to property owned, leased or operated by either of the Parties hereto or any third persons, and
- any and all environmental or pollution- related actions or damages under local, state, or federal laws or regulations, including, but not limited to, alleged or actual damages to natural resources that are caused by, arise out of, or are attributable to, whether in whole or in part, Buyer, its employees, contractors, agents or the Nominated Vheicle (including the Vehicle’s owners, operators, agents, Driver and crew)(hereinafter referred to in this section as “Buyer Parties”), or Buyer Parties’ performance under or pursuant to this Agreement, Buyer’s breach of this Agreement or by any negligence, gross negligence, acts and/or omissions or willful misconduct on the part of Buyer Parties.