Updated: 10 January 2025

    Terms & Conditions of Service.

    1. Pricing

    1.1. The price of diesel is determined based on the volume of diesel ordered, the frequency of orders, and the distance required for delivery.
    1.2. Mozayo Energy reserves the right to adjust pricing without prior notice in response to changes in market conditions or operational costs.

    1. Licensing and Employment

    2.1. All resellers of Mozayo Energy products operate under their own licenses and are not authorized to represent themselves as employees or agents of Mozayo Energy.
    2.2. Each reseller is solely responsible for ensuring compliance with all applicable licensing requirements.

    1. Diesel Test Results and Product Integrity

    3.1. Clients shall be provided with a copy of the diesel test results for the batch of diesel they have purchased upon request.
    3.2. Clients are required to sign a Service Level Agreement (SLA) acknowledging receipt of diesel that meets specified quality standards and has not been tampered with.
    3.3. Mozayo Energy shall not be held liable for any contamination or alteration of the diesel once the product has been delivered and transferred to the buyer’s vessel.

    1. Liability for Product Use

    4.1. Mozayo Energy will not be held liable for any damages to machinery or equipment caused by diesel unless it is conclusively proven that:

    • The diesel supplied by Mozayo Energy was the sole product used; and
    • The diesel was directly responsible for the damage.

    4.2. Mozayo Energy assumes no liability for any damages or consequences arising from the use of diesel not purchased directly from Mozayo Energy.

    1. Payment Terms for New Customers

    5.1. First-time customers must pay in full upon delivery.
    5.2. The decision to extend credit facilities to a client after the initial purchase is at the sole discretion of Mozayo Energy.

    1. Credit Accounts and Payment

    6.1. For customers with approved credit accounts, all invoices must be settled within 7 days from the date of invoicing.
    6.2. Mozayo Energy reserves the right to extend or modify this payment period at its sole discretion.
    6.3. Late payments may result in the suspension of delivery services and the imposition of late fees.

    1. Delivery Terms

    7.1. Mozayo Energy exclusively provides delivery services; no customer pickups are permitted.
    7.2. A call-out fee will be applied to each order, which is non-refundable if the customer is not present at the delivery location at the agreed-upon time.

    1. Limitation of Liability for Non-Performance

    8.1. Neither party shall be held liable for losses or damages resulting from non-performance due to circumstances beyond their control (e.g., force majeure events), provided no fault or negligence can be attributed to either party.

    1. Termination of Long-Term Contracts

    9.1. Long-term contracts may be terminated by either party by giving 30 days’ written notice.
    9.2. In cases of gross negligence by either party, termination may occur immediately without prior notice.

    1. Dispute Resolution

    10.1. All disputes arising under or related to these terms and conditions shall first be addressed through internal dispute resolution mechanisms.
    10.2. If internal mechanisms fail, disputes shall be referred to a court of competent jurisdiction.

    1. Weather and Delivery Delays

    11.1. Delivery times may be affected by adverse weather conditions or other unforeseen operational challenges.
    11.2. Mozayo Energy will make reasonable efforts to meet all delivery timelines but assumes no liability for delays.

    1. Product Quality

    12.1. Mozayo Energy guarantees that all diesel delivered meets the quality standards in effect at the time of sale.
    12.2. Any claims regarding product quality must be made within 24 hours of delivery.

    1. Data Protection (POPIA Compliance)

    13.1. Collection and Use of Personal Information:
    Mozayo Energy collects and processes personal information in compliance with the Protection of Personal Information Act (POPIA). Personal information will only be used for legitimate business purposes, including order processing, delivery coordination, and client account management.

    13.2. Customer Rights:
    Customers have the right to:

    • Access the personal information Mozayo Energy holds about them.
    • Request correction or deletion of inaccurate or outdated personal information.
    • Withdraw consent for the processing of personal information, subject to legal and contractual requirements.

    13.3. Security of Personal Information:
    Mozayo Energy implements appropriate technical and organizational measures to safeguard personal information against unauthorized access, loss, or damage.

    13.4. Third-Party Sharing:
    Mozayo Energy will not share personal information with third parties unless required by law, necessary to fulfill a business obligation, or authorized by the customer.

    13.5. Data Retention:
    Personal information will only be retained for as long as necessary to fulfill business purposes or comply with legal obligations.

    13.6. For more details, please refer to the Mozayo Energy Privacy Policy available on our website.

    1. Governing Law

    14.1. These terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa.

    1. Amendments to Terms and Conditions

    15.1. Mozayo Energy reserves the right to amend these terms and conditions at any time.
    15.2. Any amendments will be posted on our website and will take effect immediately upon posting.