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Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply products (‘Products’) to you (“Conditions”). Please read these Conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these Conditions.
- You should print a copy of these Conditions for future reference.
- YOUR STATUS
By placing an order with us, you confirm that you are legally capable of entering into binding contracts.
By placing an order with us, you also confirm that:
(a) You are a business that is incorporated and operating in the United Kingdom; or
(b) You are an individual who is 18 years or older and a sole trader or a partner in a partnership incorporated and operating in the United Kingdom.
We rely on these statements by you in entering into an agreement with you for sale of any Product.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm any such acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (‘the Dispatch Confirmation’). The contract between us (‘Contract’) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 We may, in our absolute discretion, allow you to cancel the Contract and return the Products at any time within fourteen days after the date on which the Contract is formed. If we agree to cancel the Contract under these circumstances, we will refund the price of the Products after deducting delivery, return and re-stocking costs.
- AVAILABILITY AND DELIVERY
4.1 We shall deliver the Products to the location set out in the Order or such other location as the parties may agree (‘Delivery Location’).
4.2 We will use our reasonable endeavours in an effort to ensure that your order is fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation (‘Delivery Date’).
4.3 Delivery is completed on the completion of unloading of the Products at the Delivery Location.
4.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
4.5 If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
4.6 You must inspect the Products on delivery and notify us without delay if you identify any defects.
4.7 If you fail to accept delivery of the Products on the Delivery Date, then, except where such failure or delay is caused by a Force Majeure Event or our failure to comply with our obligations under the Contract:
(a) delivery of the Products shall be deemed to have been completed on the Delivery Date; and
(b) we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
4.8 If ten days after the Delivery Date you have not accepted actual delivery of the Products, we may resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
4.9 Additional terms and conditions relating to delivery are available on our web site. Please read those terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by those terms and conditions as well as these Conditions.
- RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment (in cash or cleared funds) of all sums due in respect of the Products, including any delivery charges.
5.3 Until title to the Products has passed to you, you shall:
(a) not remove, deface or obscure any identifying mark on or relating to the Products;
(b) not install the Products; and
(c) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
5.4 At any time before title to the Products passes to you, we may require you to deliver up all Products in your possession and if you fail to do so promptly, we may enter any of your premises and/or those of any third party where the Products are stored in order to recover them.
- PRICE AND PAYMENT
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices (unless stated otherwise) include VAT and delivery costs (apart from goods/services sold out of the UK).
6.3 Prices are liable to change at any time, but subject to clause 6.6 changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 It is always possible that, despite our best efforts, some of our Products may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Products’ correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If the Products’ correct price is higher than the price stated, we will normally, at our discretion, either contact you for instructions before dispatching the Products, and/or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 We may, by giving notice to you at any time up to 5 days before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to:
(a) any request by you to change the Delivery Date, quantities or types of Products ordered; or
(b) any delay caused by any of your instructions or your failure to give us adequate or accurate information or instructions.
6.7 Unless agreed otherwise in writing, we may invoice you for the Products on or at any time after you place your order.
6.8 You shall pay for the Products:
(a) when you place your order or in accordance with any credit terms agreed in writing; and
(b) in full and in cleared funds to a bank account that we nominate in writing.
6.9 Time for payment shall be of the essence of the Contract.
6.10 If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies under clause 8 (Termination), you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.10 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
6.11 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding other than any deduction or withholding of tax as required by law.
6.12 We accept payment by credit and debit card, and Paypal. We also accept payment by BACS, CHAPS or FPI etc.
6.13 We have the right to revise or revoke any credit terms in the event that you breach the Contract.
- WARRANTY / OUR LIABILITY
7.1 We warrant to you that at the time of delivery any Products purchased from us through our site will be of satisfactory quality and reasonably fit for any purpose held out by us.
7.2 We warrant that at the time of delivery the Products will be compliant with all applicable laws, but any requirement to re-test the Products following delivery will be your responsibility.
7.3 We guarantee that on delivery and for a period of twelve months (the “Guarantee Period”), the Products shall be free from material defects. Proof of purchase will be required. However, this guarantee does not apply in the circumstances described in clause 7.6.
7.4 Subject to clause 7.6, we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full if:
(a) you give us notice in writing during the Guarantee Period within a reasonable time of discovery that some or all of the Products do not comply with the guarantee set out in clause 7.3; and
(b) we are given a reasonable opportunity of examining such Products.
7.5 These Conditions shall apply to any repaired or replacement Products that we supply.
7.6 The guarantee set out in clause 7.3 does not apply to any defect in the Products arising from:
(a) you continuing to use the Products after giving notice in accordance with clause 7.4.
(b) fair wear and tear;
(c) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(d) if you fail to operate or use the Products in accordance with the user instructions;
(e) any alteration or repair by you or by a third party; and
(f) any specification provided by you.
7.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
7.8 We have obtained insurance cover in respect of its own legal liability for certain claims, but we have been unable to obtain insurance in respect of certain types of loss at a commercially viable price. The limits and exclusions in this clause 7 reflect the insurance cover that we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
7.9 The restrictions on liability in this clause 7 apply to every liability arising under or in connection with the Contract including for negligence.
7.10 Our liability for losses you suffer as a result of us breaching the Contract is limited to the purchase price of the Products you purchased. We are not responsible for indirect or consequential losses including but not limited to:
(a) loss of the content of any tank;
(b) damage to tangible property;
(c) loss of income or revenue;
(d) loss of profits;
(e) loss of sales or business;
(f) loss of agreements or contracts;
(g) loss of anticipated savings;
(h) loss of use or corruption of software, data or information;
(i) loss of or damage to goodwill;
(j) reinstallation and removal costs; and
(k) remedial costs.
7.11 This does not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
7.12 This clause7 shall survive termination of the Contract.
8.1 Without limiting our other rights or remedies, we may suspend provision of the Products under the Contract if you fail to pay any amount due under the Contract on the due date for payment.
8.2 Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under the Contract on the due date for payment.
8.3 On termination of the Contract for any reason you shall immediately pay all of our outstanding unpaid invoices and interest and, in respect of Products supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
8.4 Termination or expiry of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
8.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (‘Force Majeure Event’).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.4 We may have to cancel your order if stock is unavailable. If this happens:
(a) We will promptly contact you to let you know.
(b) If you have made any payment in advance for Products that have not been delivered to you we will refund those amounts to you.
(c) We will not charge you anything further and you will not have to make any payment to us.
13.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
15.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. These Conditions apply to the Contract to the exclusion of any other terms which are implied by law, trade custom, practice or course of dealing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
15.3 Any samples, drawings, descriptive matter or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products referred to in them. They shall not form part of the Contract nor have any contractual force.
15.4 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a representation shall be for breach of contract as provided in these Conditions.
15.5 Nothing in this clause shall limit or exclude any liability for fraud.
- OUR RIGHT TO VARY THESE CONDITIONS
16.1 We have the right to revise and amend these Conditions from time to time.
16.2 You will be subject to the policies and Conditions in force at the time that you order products from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within three working days of receipt by you of the Products).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales
- GENERAL DATA PROTECTION REGULATION
The General Data Protection Regulation (‘GDPR’) came into force on 1 May 2018 and sets out how we must process data that we hold about you. We refer you to the GDPR Fair Processing Notice on our site for further details.
- INFORMATION ABOUT US
Portafuel, Storafuel, Puratank and Easytank are trading names of Atlantis Tanks Group Ltd (company number: 09955291) whose registered address is Legend House, Station Road, Ferryhill, England, DL17 0BP. Details of this company can be found at www.atlantistanks.co.uk.