By accepting these terms and conditions you confirm that you are a trade customer, and you agree to comply with them.
1. INTRODUCTION
1.1 These terms and conditions, together with the documents expressly referred to in it, tells you information about us and the legal terms and conditions (Terms) on which we sell any of the goods (Goods) listed on our website to you.
1.2 Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our website, you must confirm that you are a trade customer. Please note that by ordering any of our Goods, you agree to be bound by these Terms and the other documents expressly referred to in it.
1.3 You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
1.4 Any communications between us, or the language of these Terms, shall be in the English language only.
2. INFORMATION ABOUT US
2.1 We operate the website The Compressor Store. In these terms “we”, “our” and “us” means: Atlas Copco Ltd, a company registered in England and Wales under company number 159809 and with our registered office at Technology House, Maylands Avenue, Hemel Hempstead, Hertfordshire. HP2 7DF. Our main trading address is the same. Our VAT number is 207546371.
2.2 References to “you” and “your” when used in these Terms are to you as our registered business customer.
2.3 To contact us, please see our Contact page.
3. USE OF OUR WEBSITE
3.1 Your use of our website is governed by our Website Terms of Use (see below the terms and conditions of sale at the bottom of this page). Please take the time to read these, as they include important terms which apply to you.
3.2 We only use your personal information in accordance with our Privacy Policy [insert link]. Please take the time to read this, as they include important terms which apply to you.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 These Terms apply to the contract between you and us to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4.2 The steps you need to take to place an order on our website are shown on each product’s webpage.
4.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.4 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted, whether or not your order is based on a quotation. Our acceptance of your order will take place as described in clause
4.5 We will confirm our acceptance to you by sending you an e-mail confirming the order (Order Confirmation) under the terms and conditions of this contract, subject to the availability of the Goods and acceptance of the order by the Seller’s authorised representatives. The Contract between us will only be formed when we send you the Order Confirmation.
4.6 Only such Goods as are specified in our Order Confirmation are included in the scope of the contract of sale. Any representations or warranties made or given by us or anyone acting on our behalf are expressly excluded unless they are included in our Order Confirmation.
4.7 When the order is dispatched we will advise you that the Goods have been dispatched and provide a full VAT invoice.
4.8 If we are unable to supply you with a product, for example because the product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 7.3, we will inform you of this by e-mail. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
5. SPECIFICATIONS
5.1 All images, drawings, descriptive matter, weights, dimensions and specifications supplied by us are approximate only unless otherwise stated and all descriptions and illustrations contained in our catalogues, price lists and advertising matter are by way of general description, are approximate only. and in no way are binding on us. We will supply a set of certified outline drawings to you after conclusion of the contract; upon your written request to do so.
5.2 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary in colour slightly from those images.
5.3 All Goods shown on our website are subject to availability, as set out at clause 4.8.
5.4 You shall be responsible for ascertaining whether the capacity and performance of the Goods are sufficient and suitable for your purpose.
5.5 We shall not be obliged to alter the performance or features of the Goods following our Order Confirmation unless, at our absolute discretion, we agree in writing to do so and subject to the payment by you of an extra charge.
6. TESTS
Our Goods are carefully inspected, and where practicable, submitted to our standard tests at our works before dispatch.
7. PRICES
7.1 All prices quoted by us are exclusive of carriage and packing costs and exclusive of VAT, unless otherwise stated.
7.2 Our prices are subject to alteration without notice and, unless otherwise agreed in writing, Goods will be sold at the prices applicable at the date of dispatch.
7.3 Our website lists a number of Goods. It is always possible that, despite our best efforts, some of the Goods on our website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will inform you by email of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled after five (5) working days and notify you in writing.
Please note that in the event of a pricing error, including errors that are obvious and unmistakable and which could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
8. PAYMENT
8.1 Payment for the Goods will be debited from your payment card at the time of placing your order with us. This does not mean that your order has been accepted and, if for any reason, your order is not accepted or we are unable to supply the Goods you have ordered, a full refund will be issued.
9. DELIVERY
9.1 Delivery is available to most UK mainland addresses. Please contact us if you are unsure whether we deliver to your location prior to placing your order for Goods. We shall endeavor to deliver the Goods within the estimated time period stated in the Order Confirmation or otherwise as agreed by us. Although we will try our best to meet the delivery estimate, we will not be responsible if we are unable to do so and you will not be entitled to cancel your order with us, unless we have agreed in writing, at our discretion, that the order can be cancelled. We will not be held responsible for any third party costs or charges which you incur due to non delivery of an order, or orders that have not been checked on delivery.
9.2 We are not able to process orders or deliver on UK Bank Holidays or Sundays.
9.3 In the event that the Goods are delivered at a time and place agreed with you but you or your representative are not present when the Goods are so delivered, we reserve the right to deposit such Goods at the specified place and shall have no liability in respect of loss or damage resulting therefrom.
9.4 If you fail to give us proper delivery instructions when required or to accept delivery of the Goods when tendered in accordance with these Terms, you shall be liable for all storage and other costs incurred by us as a result of such failure, which shall become immediately due and payable on demand. Such liability shall not affect your obligation to purchase the Goods and our right to claim damages for breach of such obligation.
10. DAMAGE OF GOODS
10.1 We want to ensure that everything is right with your order, so please make sure that you carefully check it on receipt. Please add any notes of damage to the proof of delivery. If severely damaged, please refuse the order, where possible and notify our customer services team within 24 hours via telephone or email if any products are missing or damaged. Any photos of any damage would be of great assistance.
10.2 We shall have no liability in respect of Goods lost or damaged in transit unless such loss or damage shall occur prior to delivery and:
10.2.1 in the case of a whole consignment failing to arrive, you give us notice in writing within 14 days of receipt of our invoice or dispatch note; or
10.2.2 in any other case, you give us notice in writing within seven days of the receipt of the Goods.
10.3 Subject to paragraph 10.2, our liability in respect of Goods lost in transit shall be limited to replacing such Goods and our liability in respect of Goods damaged in transit shall be determined in accordance with clauses 11 and 13.
11. ACCEPTANCE
11.1 You shall not be entitled to reject the Goods unless:
11.1.1 within 24 hours of delivery of the Goods you give us notice in writing[NP1] that the Goods are defective;
11.1.2 you shall have provided us with such access to the Goods as we require and we have failed to remedy the defect within 14 days after receipt of your notice or such longer period as agreed between us;
11.1.3 the defect materially affects the performance of the Goods; and
11.1.4 the defect is covered by our guarantee in clause 13.
11.2 In the event that you reject the Goods, we shall have no liability to you except for the return of any payments you made to us in respect of the purchase of the Goods.
12. TITLE AND RISK
12.1 We shall retain title to the Goods until you have paid us in full for all sums due to us on any account whatsoever.
12.2 Clause 12.1 shall not prevent you from embodying the Goods in any products so long as they remain identifiable or from selling the Goods or any products embodying the Goods but, in the event of such sale (to the extent of your indebtedness to us in respect of the Goods) you:
12.2.1 shall hold the proceeds of sale or the right to receive the same on trust for us;
12.2.2 shall place the proceeds of sale in a separate account you control in such a way as to be identifiable as in our beneficial ownership; and
12.2.3 at our request, shall assign the right to receive the proceeds of sale to us.
12.3 In the event that you suffer any distress or execution to be levied against you or entering into any arrangement with your creditors or (being an individual) becoming subject to the bankruptcy laws or (being a company) entering into liquidation otherwise than for the purposes of amalgamation or reconstruction or having a receiver appointed of the whole or any part of its assets, we, without prejudice to our other rights under these Terms, shall be entitled to enter upon any land or premises where the Goods or any products embodying the Goods may be for the time being, to detach the Goods if so embodied and to recover possession of them.
12.4 The risk in the Goods shall pass to you on delivery.
13. LIMITATION OF LIABILITY
13.1 The provisions of this clause shall apply except insofar as any statute or regulation shall provide to the contrary and shall not affect your statutory rights.
13.2 Subject to clauses 10.2 and 11, we shall, at our discretion , repair, replace or credit you with the whole or a due proportion of the purchase price of any Goods supplied to you by us in respect of which any defect shall arise due to faulty materials or workmanship, provided that:
13.2.1 the defect becomes apparent within 12 months from the date of delivery;
13.2.2 you give notice of the defect to us in writing within 24 hours s after the defect becomes apparent;
13.2.3 the defect is not attributable to misuse, failure to comply with our instructions regarding storage, operation or maintenance, damage caused by any factors beyond our control, or fair wear and tear;
13.2.4 the Goods have not been repaired or altered without our written approval; and
13.2.5 you provide us with such access to the Goods as we require or, at our request, return the Goods to us for inspection.
13.3 We shall have no liability to you for any information or advice given to you in connection with the Goods, unless confirmed in the Order Confirmation.
13.4 Except as provided in clauses 10, 11 and 13, we shall have no liability to you in respect of any defect in the Goods, and all conditions and warranties, whether express or implied, as to the quality of the Goods, their fitness for any particular purpose, or their design, manufacture, materials, components, specification and performance are excluded. Further, we shall have no liability for any loss of production, loss of profit, loss of use, loss of contracts or any other consequential, economic or indirect loss whatsoever suffered by you as a result of any defect in the Goods.
13.5 Nothing in these Terms and Conditions excludes or limits our liability:
13.5.1 for death or personal injury caused by our negligence;
13.5.2 for any matter which it would be illegal for us to exclude or
attempt to exclude its liability; or
13.5.3 for fraud or fraudulent misrepresentation
13.6 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
14. RETURNS
We hope that you will be happy with the Goods you purchase from us. If you are not happy with the Goods, please return your product with proof of purchase (order confirmation email) and in the same condition as your bought it (including being in its original packaging) within 30 days from the date of purchase or receipt of the product, whichever is the latest date.
Returns of Goods not suffering from defects will only be accepted by us with our prior written agreement. All items which are accepted as returns will be subject to a handling charge, and must be forwarded to our address listed at clause 2.1 at your expense.
15. ARBITRATION
Any dispute between us shall be determined in accordance with the provisions of the Arbitration Act 1996 or any statutory modification or re-enactment thereof by a single arbitrator to be agreed upon between the parties or failing agreement to be appointed by the President for the time being of the Institution of Mechanical Engineers.
16. FORCE MAJEURE
Notwithstanding the provisions of any other term of the contract, a party shall not be regarded as in breach thereof to the extent that such party is prevented from or hindered in fulfilling its obligations by any circumstances outside its reasonable control (including strikes, lockouts, shortages of materials, delays in transportation or governmental regulations) provided that such party shall have given written notice to the other party of such circumstances within a reasonable time after learning of them. If such circumstances shall continue to prevent or hinder the performance of the contract by such party for more than three months then the other party may by written notice terminate the contract with regard to the unperformed portion thereof.
17. LEGAL CONSTRUCTION
Our site and its contents and any contract formed as a result of its use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
18. TRADE COMPLIANCE
Notwithstanding any of the above, any quotation is legally binding upon us only after you have placed an order and received a written acceptance from us. We reserve the right to withdraw our quotation at any point in time.
By placing the order, you certify that the items ordered will not be used for any purpose connected with chemical, biological or nuclear weapons, nor missiles capable of delivering such weapons, nor any other purpose prohibited by applicable law. You also confirm that the items ordered will not be sold or transferred, directly or indirectly, to Iran, North Korea, Syria, Russia, Belarus, Crimea or any contested region of Ukraine or Russia.
Furthermore, you certify that you will comply with applicable local and international foreign trade and customs requirements, as well as any embargos and other trade sanctions (collectively “Foreign Trade Obligations”).
You will immediately notify us in writing of any breach of this statement.
We shall not be obligated to fulfill a binding order or agreement or any part thereof or related to it, nor liable for its non-fulfillment, if such fulfillment is prevented by any impediments arising out of Foreign Trade Obligations. We also retain the right to terminate a binding order or agreement or any part thereof or related to it, with immediate effect and without prior notice, if fulfillment is prevented by any impediments arising out of any Foreign Trade Obligations.
You shall indemnify us for any direct or indirect damages arising in consequence of any breach of this statement.
Website Terms Of Use
1. INTRODUCTION
1.1 We are Atlas Copco Limited, a company registered in England and Wales under company number 159809 and with our registered office at Technology House, Hemel Hempstead, Herts, HP2 7DF. Our main trading address is the same. Our VAT number is 207546371.
1.2 These are the terms of use of this website. In addition, please also read our Privacy and Cookie Policy, which explains what kind of information about you that we may gather and process.
1.3 We thank you for reading the contents of this page, and for visiting the website. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
1.4 We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.1.6 If you place orders for any goods from this website, your purchase will be governed by our Terms and Conditions of Sale.
2. ACCOUNT INFORMATION AND USER IDENTIFICATION
2.1 User accounts can only be created if we have registered your company as a customer. By registering your details with us you warrant that you are acting in the course of your business, trade or profession.
2.2 It is your responsibility to ensure the confidentiality of your account, user identification, password or any other information provided as part of our security procedures. You agree to accept responsibility for all activities that occur using your account, user identification or password and acknowledge that we shall not be liable to any person for any loss or damage which may arise as a result of your failure to keep this information secure. Please let us know immediately if you believe that your password, user identification or any other information provided as part of our security procedures has become known to anyone else, or if this information is being, or is likely to be, used in an unauthorised manner.
2.3 We reserve the right to disable any user identification, account or password, at any time, if in our opinion you have failed to comply with any of the provisions of these conditions of use.
3. OUR LIABILITY
3.1 Although we have made every effort to ensure that the information on this website is accurate and up to date, you should not rely on it as it is provided on an ‘as is’ basis and for guidance only. We and our affiliated companies do not make any warranty of any kind (expressed or implied) as to, or accept liability for, (in each case to the extent permitted by law), the accuracy, completeness, currency or reliability of any information contained on this website.
3.2 We accept no liability for any damages, whether direct, indirect, special, consequential, punitive or other for:
3.2.1 loss of profits, business interruption or expenses;
3.2.2 any loss of goodwill or reputation; and
3.2.3 loss of programs or other data on your information handling system or otherwise that arises from your use or inability to use this website or its contents.
3.3 Nothing in these terms shall exclude or limit our liability to the extent that this is not permitted by law. However, we never restrict our liability in respect of fraudulent misrepresentation, death or personal injury caused by our negligence or any matter which it would be illegal for us to exclude, or try to, exclude our liability.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 The copyright in all website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on this website belongs to us, our affiliates and our suppliers.
4.2 You may download and print extracts from this website if you want to keep a copy or for your administrative purposes provided that you do not modify any material and you retain the copyright notice and provided that you do not make commercial use or gain from the website or any of its content. Any other use of material on this website is strictly prohibited without our prior written consent.
All brand names used in the website are trademarks or trade names of their respective holders. Your use of any of these names or titles may constitute an infringement of the holders' rights.
5. VIRUSES AND HACKING
We cannot guarantee the speed or security of this website and we shall not be responsible for or liable to you for any loss or damage caused to your computer equipment, programs or data arising as a result of the presence of any viruses, electronic bugs, Trojan horses or other technologically harmful material that may infect your computer due to the use of this website.
6. LINKS TO THIRD PARTY WEBSITES
Where this website contains links to other websites or resources from other third parties they are provided for your convenience only. We and our affiliate companies have no control over the content of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. JURISDICTION AND APPLICABLE LAW
The material and information on this website is directed solely at and is to be used only by persons who access it from within the United Kingdom and these conditions are only available in English. The release, publication or distribution of the information contained on this website in jurisdictions outside the United Kingdom may be restricted by laws that apply in other jurisdictions.
[NP1] Please amend the timeframe as you deem appropriate for your customer.