Terms of service
TERMS AND CONDITIONS OF SALE
The following terms and conditions apply:
1. The Contract
1.1. These conditions shall apply to any contract to the entire exclusion of any standard
terms or conditions specified by the buyer and replaces all previous negotiations,
agreements, understandings and representations, whether oral or in writing. However,
nothing in the Contract shall limit or exclude any liability for fraud.
2.1. The contract set out is defined by and between Evebury Limited (hereinafter referred
to as “EMS”) and the team (defined as the driver, co-driver, preparation team and mechanics
and hereinafter referred to as “the Buyer”).
2. General
2.1. The Buyer shall endeavour to inform EMS, via Fuel Pre-Ordering, of the expected
type and amount of fuel needed for the buyer per event. Failure to do this will result in any
guarantee of a supply of fuel to the buyer being nullified.
2.2. If the Buyer has not registered as customer with EMS or has registered without a
defined method of payment, EMS reserve the right to suspend fuel supply.
2.3. EMS reserve the right to suspend fuel supply should the Buyer have not settled any
balance outstanding, including any balance previously owed to EMS or its affiliates, prior to
the event the Buyer has entered.
2.4. EMS reserve the right to not provide supply of fuel to the Buyer.
2.5. EMS reserves the right to provide fuel to the Buyer in the form of sealed Fuel
Manufacturer drums for self-refuel.
3. Payment
3.1. Fuel orders must be pre-paid for, unless the Buyer has a Card on file with EMS,
before each event by Card. The payment must be in the currency the Buyer was billed.
3.2. If the Buyer has a Card on file, they will be billed and charged for actual litres used
on the Monday after each event. If the Monday is a Bank Holiday, the billing and charging
will rollover to the next working day. The Buyer should endeavour to have sufficient funds on
the Card on file. Any issue should be resolved by the Buyer within 1 working day of being
informed of said issue.
4. The Goods
4.1. EMS shall endeavour, along with the Fuel Manufacturer of the supplied product, that
the fuel product supplied be of the same quality and specification.
4.2. The Fuel Manufacturer shall endeavour that the fuel product supplied complies to FIA
Appendix J Art 252.9 and/or the defining regulations of the governing ASN.
5. Delivery
5.1. EMS will deliver fuel directly into Buyer’s cars in the designated refuel zones on the
set date/s and time/s defined by the events Time and Distance Schedule. These refuel
zones, along with the dates and times, will have been predetermined by the event
organisers/and or governing ASN.
5.2. Once the Buyer has informed EMS employee/s of the fuel type and litres required,
this will be considered consent.
5.3. EMS employees shall carry out the refuelling work diligently and with skill and care.
5.4. EMS employees shall keep the refuel area clean and tidy at all times. To do this, only
employees and competitors shall enter the refuel area. Any other person/s should have prior
authorisation to be there, be aware of the Health and Safety regulations and have signed the
appropriate paperwork. Any person/s in breach of this will be reported to the relevant
authorities and asked to leave the area.
6. Property and Risk
6.1. The onus is on the Buyer to ensure they have informed EMS of the correct type of
fuel required.
6.2. The onus is on the Buyer to ensure they have informed EMS of the correct amount of
fuel required
6.3. Upon signing of the refuel log, the Buyer is considered in agreement that the correct
type and amount of fuel has been delivered.
6.4. If the Buyer has any issue before/during or after the refuelling procedure, they must
notify a EMS employee immediately. EMS shall always attempt to act in good faith to remedy
any issue that the Competitor/s propose to have.
6.5. If the Buyer has an issue, written notice must be given to Euro M-Sport within ten
days of the issue.