Terms and Conditions | West Indies Oil

Welcome to www.westindiesoil.com. Please read these terms and conditions of sale carefully. You will be asked to expressly agree to these terms and conditions before you place an order from our website. Confirmation of an order will be taken as your having accepted these terms and conditions. To order goods or services from us you must be at least eighteen years of age.

By using the mywioc.westindiesoil.com you agree to be bound by its terms and conditions, privacy policy, all disclaimers and terms and conditions that appear on the website.

These terms and conditions of sale (“Sale Terms”) constitute a binding agreement between The West Indies Oil Company Limited (referred to in these Sale Terms variously as “We, WIOC, Us, Our”) and its customers (referred to in these Sale Terms as “You”) which applies to all purchases of product/s by You from the WIOCs’ website. Other than specially provided in any separate formal purchase agreement between yourself and WIOC, these Sale Terms may not be altered, supplemented, or amended using any other document(s). Where an order has been placed and there is an attempt to add to, amend or alter the Sales Terms, the agreement will be null and void unless otherwise agreed to in a written document signed by both you and WIOC. Any other terms and conditions included in any order submitted by you are expressly excluded and shall have no effect. Your acceptance of these terms and conditions by clicking on the “Submit Order” button represents only an offer of contract. The contract is not binding until WIOC has accepted it.

PRICES

Prices are exclusive for mywioc.westindiesoil.com and are subject to change without notice.

Delivery costs are not included in the prices quoted on the website. When placing an order, the customer is provided with a tool to determine whether delivery costs apply to the order or not.

All product prices shown on the website excludes sales tax.
Prices are shown in local currency and USD, but WIOC will only accept payment for orders in local currency.

PAYMENT TERMS & METHODS

Payment for Product shall be by authorized bank cheque, direct deposit, e-transfer, credit card, or debit card to the WIOC’s nominated bank in line with the credit terms granted, or by any other method of payment as instructed from time to time. WIOC reserves the right to at its own discretion, to require payment prior to the delivery of Product.

We accept all major credit/debit cards. However, we reserve the right to refuse payment via any method which WIOC deems not to be in its best commercial interest.

If you choose to pay using a card with a foreign currency denominated account, the charges will be processed in local currency at the conversion rate applied by WIOC at the time of processing your order.

FRAUD PREVENTION

In order to protect you and WIOC from fraudulent transactions, WIOC may provide your transaction-related information to third parties for verification.

Having confirmed your order, you authorize WIOC to make any inquiries deemed necessary in connection with this sale. It provides your consent to WIOC to register relevant information with licensed credit reference agencies. This information may also be used for credit worthiness assessments, fraud prevention, and debt recovery.

By placing an order, you authorise WIOC to transmit or obtain information about you from third parties, including, but not limited to, your debit or credit card number, billing address, telephone number to authenticate your identity, to validate your credit or debit card and to authorise transactions.

ORDER PROCESSING

All orders submitted through mywioc.westindiesoil.com are subject to our acceptance. WIOC is entitled to cancel or terminate the obligations to fulfill any order, for any reason, with or without notice and shall not be liable to any party for such termination or cancellation.

Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons:

Failed customer validation checks or inability to obtain authorisation for your payment
Products ordered are out of stock
WIOC is unable to provide the service ordered
Pricing or product description error
System failure

PRODUCT AND STOCK AVAILABILITY

All details, specifications, prices, and credit terms are accurate at time of publication but are subject to change.

The sale of products and provision of services are subject to availability. As there is a delay between the time when your order is submitted, and the time when the order is accepted and processed, the stock and resources required to fill services orders available may change. If a product you have ordered becomes out of stock before we process the order but after we have processed the payment, we shall notify you as soon as possible. We shall notify you as soon as possible also, if we are unable to fill your service order within the normal timeframe for providing the services ordered.

If the product is out of stock or we are unable to fill your service order, WIOC will allow a refund of payment, or you may choose to apply a credit on your account.

Customer Obligation & DELIVERY POLICY

We are unable to provide specific times for delivery. All delivery dates are given in good faith but are subject to all matters beyond our control including acts of God, strikes, lockouts and delays by suppliers.

Please note that your delivery may take longer during holidays, sales, weekends, or other busy periods.

The Customer hereby agrees as follows:

To pay WIOC the price for the product or service ordered in accordance with the terms of credit (if any) previously approved by WIOC;
To maintain the Equipment at the specified location and not to assign, pledge, mortgage or part with WIOC’s equipment or any part thereof;
To abide by the highest standards of safety stipulated by WIOC in relation to the use of the product and to use the Equipment solely and exclusively for the product supplied by WIOC;
To ensure that any mortgage, charge, or encumbrance on the premises where the Equipment is situated shall take effect subject to the rights of WIOC by Agreement including WIOC’s right to remove the said Equipment notwithstanding that the Equipment or any part of same may be deemed to be affixed to the premises or to be a fixture;
To refrain from making any alteration or addition to the Equipment or any part thereof without the prior written consent of WIOC;
To indemnify WIOC against all loss of, or damage to WIOC’s equipment or any part thereof as a result of any act or default of Customer, its servants, agents or guests;
To indemnify WIOC against all loss of life or property, damage to, or claim for injury to person or property made by the Customer, Customer’s employees, or any third party, whether on the Customer’s premises or otherwise caused by or arising from the product or use thereof, in circumstances in which such loss, damage or injury is not attributable to the negligence or omission of WIOC or the performance of the Equipment when being used in accordance with the directives, and specifications and recommendations of WIOC or in accordance with normal usage;
To promptly inform WIOC of any defect in the Equipment requiring attention and to permit WIOC by its servants, agents or contractors at all reasonable times to enter the specified location to inspect, examine, service, maintain and where necessary to repair the Equipment;
To prohibit anyone other than WIOC, its servants, agents, or contractors from servicing or interfering in any way with the Equipment;
To prohibit any modification, addition or alteration to the Equipment or any part thereof without the written permission of WIOC first had and obtained;
To provide and maintain suitable access roads and workspace so as to enable the efficient and timely delivery of the product to the specified location and the carrying out of all necessary maintenance;
To permit the installation of the Equipment at the specified location in accordance with the Plot, Plan or Site Layout, attached hereto and initialed by the parties hereto for identification, and not to, in any way, whether by the erection of buildings, structures or otherwise on the Location, obstruct the easy removal of WIOC’s equipment at the end of the contract term or as otherwise permitted by Agreement;
To abide by the Safety requirements as set out under Item 4 of the Schedule;
To verify all deliveries of the product in the joint presence of representatives of WIOC. Where there are discrepancies in quantity or price, the Customer shall notify WIOC within three (3) business days.

DOCUMENTS

You will be provided with an electronic receipt and tax invoice as a proof of purchase. Documents can be mailed or delivered upon request.

EQUIPMENT & INSTALLATIONS

WIOC shall supply and install the equipment at the Customer’s specified location within the time frame set out in Schedule C of Customer Application. The equipment shall remain the property of WIOC during the term of this Agreement unless the parties agree to the transfer of ownership at the conclusion of the Term. Under such arrangements the cost of the equipment shall be at the current market value.

WIOC is not responsible for carpentry, masonry, electrical or plumbing work associated with installation and any costs associated with that type of work will have to be paid by, the customer, if required.

WARRANTY

WIOC warrants to convey good and marketable title, free of encumbrances of any kind. WIOC makes no warranty of any kind, whether expressed or implied, including merchantability, fitness, or suitability of the Product for any particular purpose unless such fitness and suitability warranty is requested by Customer and agreed to by WIOC.

SAFETY CONSIDERATIONS

The Customer agrees to abide by the highest safety standards required for the handling of the product and accordingly shall:

Allow for the unencumbered access to the product storage tank to facilitate the safe delivery of the product such that WIOC’s truck shall be able to access the tank at a distance of less than 100 ft.
Ensure that the WIOC delivery vehicle shall always have a direct line of sight of the storage tank from its vehicle so that it can respond immediately to any emergency during the delivery.
Ensure that no combustible material (such as trash, wood, paper etc.) is within the installation (Storage tank area) and shall maintain good housekeeping of the area at all time.
Ensure that the storage tank is not entombed without the prior consent of WIOC or that picket fences/ trees are planted around the tank for esthetic reasons.
To prohibit the installation of any electrical apparatus (such as air conditioning units) or other source of ignition (such as motors, open flame, loose electrical wire etc.) within a radius of ten (10) feet of the Equipment or in any location where same may constitute a hazard.
Maintain and inspect all associated LPG pipelines for leaks or corrosion and to address any leaks immediately and to advise WIOC of such leaks or defects where the Equipment is WIOC’s responsibility.
Test any LPG pipelines at least once every year and provide WIOC with a copy of such test certificate.
Recertify any LPG storage tanks owned by the Customer ten (10) years from the date of manufacture of the tank and five (5)) years from that recertification date thereafter. The Customer may elect to have WIOC carry out this exercise at a cost and where the Customer elects to do otherwise it shall provide WIOC with a copy of such test certification from a competent authority.
Ensure that only authorized personnel have access to the installation.
Erect the necessary safety signage at the installation such as ‘No Smoking’, ‘No Naked Flame’.
To maintain adequate fire suppressions equipment such as fire extinguishers close to the storage tank.

PROHIBITED CONTENT

WIOC reserves the right, in our sole discretion, to reject, edit or refuse to post any content, comments or reviews and to remove any content from the website, whether or not the content is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

ERRORS AND OMISSIONS

Any errors or omissions in any catalogue, sales literature, price list, dispatch note, invoice or documentation or information issued in print or posted online which is available electronically on our website by WIOC from time to time shall be subject to correction without liability on WIOC part.
WIOC reserves the right to correct all or any errors or inaccuracies and change or update information on this website at any time without notice, including prices and availability of products.

LEGAL NOTICE

This site is owned and operated by The West Indies Oil Company and its subsidiary companies. All copyright and/or database right in the material on the site (the “content”) belongs to WIOC or its licensors. You may print or download to a local hard disk a reasonable amount of the content for your personal use but only in the form made available by WIOC on the site. You may not otherwise copy, distribute, sell or publish any of the content without prior written permission. The site includes several trademarks (for example the “WIOC” logo). By making the trademarks available on this site, WIOC is not granting you any license to use them. You may not, without the written permission of WIOC “mirror” any material contained in this site on any other server. This permission will terminate automatically if any of the terms or conditions is breached. Upon termination, you will immediately destroy any downloaded and printed materials. Unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The content on the site is only for general information and use. You should check with your local WIOC store for the availability of specific products, services and promotions in your area. Reference to any products, services and promotions on the site does not imply or warrant that these products, services or promotions will be available at any time in your particular location. Participation in any promotions may also be restricted to a particular country or locality. The content of the site should not be used as the sole basis for your decision to buy any particular product and you should check that a particular product is suitable for your requirements before confirming your order. WIOC will check all content of its site but does not guarantee its accuracy or availability and disclaim all and or any liability to the full extent possible in each jurisdiction in respect of your use of the content of the WIOC website.

ACCEPTANCE OF TERMS OF USE

By using this website, you acknowledge that you have read, understood, and have agreed to be bound by the terms and conditions of use. Please review these and if you do not agree to be bound by them, you should not use the website. If you need further clarification about any of the terms and conditions stated above, please contact us by email.