BUSINESS TERMS

Terms & Conditions

Terms of Sale (businesses and consumers)

(1)      Introduction

Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(2)      Interpretation

In these terms of sale, “we” means 3C Tanks (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3)      Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

(i)       All orders are to be placed in writing, either by e-mail or through the post
(ii)      Once we have checked we are able to meet your order, we will send a proforma invoice and associated delivery arrangements and payment terms; payments may be by BACS transfer or cheque
(iii)     Agreement to the invoice is to be made in writing, again by e-mail or through the post, at which point your order will become a binding contract

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

(4)      The products

Under the 3C Tanks brand, Rototek Ltd offers a wide range of oil tanks, bunded fuel tanks, rainwater harvesting tanks and AdBlue tanks for domestic, agricultural and commercial premises. Whether you need to install a stand-alone diesel dispensing tank for your farm, or an oil tank for domestic or commercial premises, with tank sizes ranging from 1200 litres to 5800 litres, we will provide you with a high quality, cost effective and well-designed solution.

(5)      Price and payment

The prices of all products, together with their availability and associated payment terms will be provided on application, and be confirmed for you approval when the proforma invoice is raised. Payment may be made by either BACS transfer or cheque in accordance with the proforma invoice

Prices for products are liable to change at any time, but changes will not affect proforma invoices that have been accepted within the time stipulated thereon.

If you are a business customer, then from time to time we may agree to open an account for you, enabling you to pay in arrears.  Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice.

Accounts will be subject to such credit limits as we may notify to you from time to time.  If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of Barclays Bank Plc. from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:

(i)       An amount equal to the amount of the charge-back;
(ii)      All third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); and
(iii)     All our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

(6)      Your warranties

You warrant to us:

(i)       You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(ii)      The information provided in your order is accurate and complete; and
(iii)     You will be able to accept delivery of the products.

(7)      Risk and ownership

The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:

(i)      Delivery of the products; and
(ii)     Receipt by us of full payment of all sums due in respect of the products (including delivery charges)

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

We will be entitled to recover payment for the products even where ownership has not passed to you.

(8)      Consumers: returns policy

This Section applies to consumers, not business customers.  If you are a business customer, the applicable returns policy is set out in Section [11].

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below). In order to cancel a contract in this way, you must give to us written notice of cancellation. If you cancel a contract on this basis:

(i)       You must promptly return the products to us, in the same condition in which you received them.
(ii)      You will be refunded in full (including the cost of sending the products to you), but will be responsible for paying the cost of returning the product to us.
(iii)     If you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.  Similarly, if you return the products at our expense, we may pass that expense on to you.

(9)      Consumers: statutory rights

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

(10)    Business customers: limitation of warranties

This Section applies only to business customers, not consumers.

We warrant to business customers that the products purchased from our website will:

(i)       Conform in all material respects to any applicable specification of such products [published on our website / issued by us]; and
(ii)      Be free from material defects in materials and workmanship for a period of [1 year] from the date of delivery of the products.

These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section [14], all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

(11)    Business customers: returns policy

This Section applies to business customers, not consumers.  If you are a consumer, the applicable returns policy is set out in Section [8].

Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.

Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section [10], then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products (including all delivery charges).

(12)    Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(13)    Force majeure

In this Section and Section [14] below, “force majeure event” means:

(i)      Any event which is beyond our reasonable control;<
(ii)     The unavailability of raw materials, components or products; and/or
(iii)    Power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith and take reasonable steps to mitigate the effects of the any force majeure event.

(14)    Limitations and exclusions of liability

Nothing in the terms of sale will:

(i)      Limit or exclude the liability of a party for death or personal injury resulting from negligence;
(ii)     Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(iii)    Limit any liability of a party in any way that is not permitted under applicable law; or
(iv)    Exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale,  including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you:

(i)      In respect of any losses arising out of a force majeure event.
(ii)     In respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

If you are a business customer:

(i)      We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(ii)     Our aggregate liability to you under the terms of sale will not exceed the greater of:

(a)      [contracted amount]; and
(b)      The total amount paid or (if greater) payable by you to us under the terms of sale.

(15)    Business customers: indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

(16)    Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

(i)      You cease to trade;
(ii)     You become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(iii)    A person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(iv)     The ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(v)      Any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

(17)    Consequences of cancellation

Upon the cancellation of a contract in accordance with Section [16]:

(i)       We will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(ii)      You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products);
(iii)     All the other provisions of these terms of sale will cease to have effect, except that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination and have effect indefinitely.

(18)    Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(19)    General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Privacy Policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you. If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [14]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.