Refueled Ltd – Fuel Supply Terms and Conditions
Application of Terms
These Terms and Conditions apply to all fuel products supplied by Refueled Ltd (“the Supplier”).
By purchasing, collecting, transporting, or otherwise taking possession of fuel supplied by the Supplier, the purchaser or collector (“the Buyer”) agrees to be bound by these Terms and Conditions.
These Terms and Conditions apply notwithstanding any other terms or conditions proposed or supplied by the Buyer, including those contained in purchase orders, delivery instructions, invoices, or other documents.
Collection, transport, or use of fuel supplied by Refueled Ltd constitutes tacit acceptance of these Terms and Conditions.
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1. Intended Use
Fuel supplied by Refueled Ltd is provided strictly for use in off-road machinery and equipment only.
The fuel is not supplied, approved, or warranted for use in:
• on-road vehicles
• marine engines
• aviation applications
• regulated retail fuel markets
• stationary power generation connected to public infrastructure
• or any application outside off-road machinery.
The Buyer accepts full responsibility for ensuring the fuel is used only in appropriate off-road machinery or equipment.
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2. Product Origin
The Buyer acknowledges that the fuel supplied by Refueled Ltd is produced from recycled plastic feedstocks using proprietary processing technology.
The Buyer further acknowledges that the fuel may not meet conventional petroleum refinery fuel specifications and is supplied for specialised industrial use only.
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3. Buyer Responsibility
From the moment the Buyer collects or takes possession of the fuel, the Buyer assumes all responsibility and risk relating to:
• storage
• handling
• transportation
• blending
• resale
• distribution
• and use of the fuel.
The Buyer must ensure the fuel is handled and used only by appropriately qualified persons and in equipment suitable for the product.
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4. Product Testing
The Buyer acknowledges that they have the opportunity to sample, test, and independently verify the fuel prior to use.
Failure by the Buyer to undertake testing does not create any liability for Refueled Ltd.
Any testing results provided by Refueled Ltd are indicative only and do not constitute a guarantee or warranty of product characteristics.
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5. No Warranty
All fuel supplied by Refueled Ltd is provided “as is” and “where is.”
To the fullest extent permitted by law, Refueled Ltd makes no representations or warranties, express or implied, regarding:
• fuel quality or consistency
• engine compatibility
• performance
• emissions characteristics
• merchantability
• fitness for a particular purpose
• compliance with any fuel standard.
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6. Limitation of Liability
To the maximum extent permitted by law, once the fuel has been collected or taken into possession by the Buyer, Refueled Ltd shall have no liability whatsoever for any consequences arising from the handling, storage, transport, or use of the fuel.
Refueled Ltd shall not be liable under any circumstances for any:
• engine or equipment damage
• operational failure
• environmental damage
• personal injury
• loss of profits
• business interruption
• regulatory penalties
• indirect or consequential losses
• financial loss of any kind.
Use of the fuel is entirely at the Buyer’s own risk.
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7. Indemnity
The Buyer agrees to fully indemnify and hold harmless Refueled Ltd, its directors, employees, contractors, and agents against any claims, losses, liabilities, damages, penalties, costs, or legal expenses arising from:
• the Buyer’s handling or use of the fuel
• improper storage or transport
• resale or redistribution of the fuel
• use outside the intended application
• failure to comply with applicable laws or regulations.
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8. Resale and Representation
The Buyer must not represent, market, or sell the fuel as standard diesel, petrol, or any regulated petroleum fuel specification unless the product has been independently tested and certified to meet the applicable fuel standards.
The Buyer must not misrepresent the origin, composition, or regulatory status of the fuel.
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9. Regulatory Compliance
The Buyer is solely responsible for compliance with all applicable:
• environmental laws
• hazardous substances regulations
• fuel regulations
• transportation requirements
• taxation and excise obligations
• operational safety requirements.
Refueled Ltd accepts no responsibility for regulatory compliance once the fuel leaves the Supplier’s control.
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10. Amendment of Terms
Refueled Ltd reserves the right to modify, update, or replace these Terms and Conditions at any time without prior notice.
The most current version of these Terms and Conditions will be published on the Refueled Ltd website and will take effect immediately upon publication.
By collecting, purchasing, transporting, or using fuel supplied by Refueled Ltd, the Buyer is deemed to have read, understood, and accepted the Terms and Conditions in force at the time of collection.
Collection or acceptance of fuel constitutes tacit acceptance and agreement to these Terms and Conditions, including any amendments made from time to time.
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11. Transaction Acceptance
For the avoidance of doubt:
Collection of fuel supplied by Refueled Ltd constitutes full acceptance of these Terms and Conditions.
If the Buyer does not agree to these Terms and Conditions, the fuel must not be collected or used.
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Fuel Collection Notice
Collection dockets, invoices, or loading documentation issued by Refueled Ltd may include the following statement:
“Collection of fuel constitutes acceptance of the Refueled Ltd Fuel Supply Terms and Conditions available at refueled.co.nz.”
Collection of fuel under such documentation constitutes binding agreement to those terms.
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