Terms and Conditions – important, please read.
Oil Tanks Plus Ltd wish to ensure that the product you are ordering from us is suitable through application you desire. We say this through our general concern and well being for our customers as it can be expensive to send goods back to us. Please refer to our Quality/Returns section.
Area of operation
Our services cover mainland England, Scotland & Wales. Please contact us separately as there may be additional costs for delivery/operations outside these areas.
2. Our Services.
Our website and services are provided to you on and through our web site on an “as seen” basis. You agree that the Oil Tanks Plus Ltd site exclusively reserve the right and may, at any time and without notice and any liability , modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timescale/ deletion/ failure to store/ inaccuracy/ or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
5. Password and Registration.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that our website may expose you to content that may be potentially offensive. This shall not be the responsibility of Oil Tanks Plus Ltd to you in the way that content appears on this website. You explicitly agree, in using this website or any service provided, that you shall not:
(a) Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, stalking, tortious, defamatory, libelous, offensive, obscene, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law
(b) Either misrepresent or impersonate your association with any person/ entity, forge or otherwise seek to conceal or misrepresent the origin of any content provided by you
(c) Collect any information about other users
(d) Provide or use this website and any service/content in any manner of business or in a way that would involve spam/ junk mail/ pyramid schemes/chain letters or any other advertising which is unauthorized and without prior consent.
(e) Provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Third Party Services/Goods
Services and goods of third parties may be advertised and made available on this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9. DISCLAIMER OF WARRANTIES.
You understand and agree that your use of this website and any services or content provided (the service)is made available and provided to you at your own risk.It is provided to you as is and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty, implied or express, that any part of the service will be uninterrupted, error free, virus free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
10.2 Subject to clause 10.1:
(a) the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from the Supplier’s deliberate personal repudiatory breach of the Contract; and
(b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by the Supplier’s deliberate personal repudiatory breach shall not exceed the price of the Goods.
10.3 Subject to Clause 10.1, the Supplier shall not be liable to the Customer or any third party for any misuse by the Customer of the Goods (including, but not limited to, the use by the Customer of the Goods for the storage of hazardous materials) that cause damage of any sort to the property of the Customer or a third party.
11. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
12. Tank variances
Tanks are manufactured to a standard procedure and weight every time they are made. Occasionally, due to variances, like ambient temperature & humidity, it is possible to gain fractional differences from the stated dimensions although these tolerances are very small. If you have any concerns over this, please contact us.
13.1 The Supplier shall ensure that delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered
13.2 The Supplier shall deliver the Goods to the location set out in the Order (Delivery Location).
13.3 Delivery of the Goods shall be completed on the Goods´ arrival at the Delivery Location.
13.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure event or the Customer´s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. The Supplier will inform the Customer if it becomes aware of an unexpected delay and will arrange a new delivery date. Please allow extra time for deliveries to include Scottish Highlands, Islands & Ireland
13.5 If the Customer fails to take delivery of an Order, then, except where this failure is caused by the Supplier´s failure to comply with these Conditions or by a Force Majeure event the Supplier:
(a) will store the Goods until delivery takes place and may charge the Customer a reasonable sum to cover expenses and insurance; and
(b) shall have no liability for late delivery.
13.6 If the Supplier is not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, it will deliver the Order in instalments. The Customer will not be charged extra delivery costs for this. If the Customer requests delivery of the Order in instalments, the Supplier may charge extra delivery costs. If an instalment is faulty or late being delivered, that will not entitle the Customer to cancel any other instalment or the Contract.
13.7 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
14.PRICE AND PAYMENT
14.1 The price of the Goods shall be the price set out in the Order.
14.2 The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
14.3 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be paid by the Customer when it pays for the Goods.
(c) any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
14.4 The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
14.5 The Customer shall pay all amounts due under the Contract, at the time of Order, in full without any deduction.
15.1 The Supplier warrants that on delivery the Goods shall:
(a) conform in all material respects with their description subject to any qualification or representation contained on the Supplier´s website, or in any brochures, advertisements or other documentation;
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
(c) be fit for any purpose stated by the Supplier or for any reasonable purpose for which the Customer uses the Goods pursuant to any Specification;
(d) be free from material defects in design, material and workmanship, but for the avoidance of doubt this does not include scratches and other non-material blemishes on the finish of the Goods caused by the manufacturing, storage or delivery processes; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom/ Ireland.
15.2 Where the Customer has indicated that they are a consumer rather than a business and therefore that the Goods are intended for personal and not business use, the warranty in clause 4.1 is in addition to its legal rights in relation to Goods which are faulty or which otherwise do not conform with these Conditions. Advice about a consumer´s legal rights is available from any Citizens´ Advice Bureau or trading standards office.
15.3 Where the Customer has indicated that they are a business rather than a consumer and therefore that the Goods are intended for business and not personal use, except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
15.4 The warranty in clause 4.1 does not apply to any defect in the Goods arising from any use made of the Goods after giving notice of a defect, fair wear and tear, wilful damage, accident, negligence by the Customer or any third party (save for those engaged in delivery of the Goods), if the Customer uses the Goods in a way that is not recommended, the Customer´s failure to follow the Supplier´s or manufacturer´s instructions, or for any alteration or repair carried out by the Customer.
15.5 These Conditions apply to any repaired or replacement Goods supplied, in the unlikely event that the original Goods are faulty or do not otherwise conform with these Conditions.
15.6 Where the Customer is a consumer only, and the Customer wishes to cancel the Order or is unhappy with the Goods for any other reason after they are delivered, the Goods may be returned to us at your own cost as set out below within 14 calendar days of receipt.. Following expiry of this period the Customer shall have no right to return the Goods.
15.7 Upon receipt of the returned Goods and providing the returned Goods are, in the Supplier´s reasonable opinion, unaltered, unused and undamaged, the Supplier will refund the amount paid for the Goods less any costs levied against the Supplier for any such return and in addition, for business Customers only, less the original shipping charge and a restocking and administration fee of 20% + Vat of the total Order value.
15.8 No refund shall be given for products that have been manufactured to a Specification, unless the goods are faulty.
16. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have on our website, its content and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
17. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us directly .
18. TITLE AND RISK
18.1 The risk in the Goods shall pass to the Customer on completion of delivery.
18.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:
(a) the Goods; and
(b) where the Customer is a business, all other sums which are or which become due to the Supplier for sales of the Goods or any other products to the Customer.
19. Applicable Law.
20. Miscellaneous Information.
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
21. Installation and Removal Service.
When contacting Oil Tanks Plus Ltd about installation and removal we may occasionally provide some details to third party installers so that they can contact you (the customer) to view the site in order to gain more details where a non standard job may apply. We provide these third parties with: your name, address, telephone, email and a brief description of the tank needs. We do not provide the third parties with any unnecessary personal data, card payment details or bank details. Data will only be passed to our contractor. Data will not be passed on or sold to any other marketing agency or related business.
22.1 Assignment and subcontracting.
(a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, commercial courier, fax or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 22.2(a); if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by fax or e-mail, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
22.5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
22.6 Variation. Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Customer.
22.7 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.