1. About These Terms
These terms govern the sale and hire of goods and services by ATC Shipping Containers Ltd, registered in England and Wales under company number 15617678, registered office 124–128 City Road, London, EC1V 2NX. By placing an order you accept them. For consumers they apply in addition to your statutory rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
2. Definitions
- Company, we, us means ATC Shipping Containers Ltd; Customer, you means the person or organisation placing an order.
- Goods means containers, modified units, site offices, guard booths and accessories; Services means delivery, collection, modification, hire and installation.
- Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession; a Business Customer is any other customer.
3. Orders and Acceptance
Quotations are invitations to treat, valid for 14 days unless stated otherwise and subject to availability. Your order is an offer, and a contract forms only when we issue a written acknowledgement or invoice, or when we deliver, whichever is first.
Dimensions, weights and photographs are indicative; used containers vary in colour, markings and cosmetic condition, and images represent the grade rather than the individual unit. Where an ISO 6346 container number is quoted, that unit is identified for the contract. You are responsible for ensuring the specification suits your use, that your site can accept delivery, and that you hold any planning consent, landlord permission or permit required.
4. Pricing and VAT
Prices are those in our written quotation or acknowledgement and, unless stated otherwise, are exclusive of VAT, added at the prevailing rate where chargeable. Delivery is quoted separately unless stated as included. We may amend a price before acceptance, and afterwards where your requirements change, the quotation contained an error, taxes change, or extra cost arises from access difficulties, failed deliveries or waiting time.
5. Payment
Unless a credit account has been agreed in writing, payment is due in cleared funds in full before delivery; on a credit account, invoices are payable within 30 days. Bespoke Goods require a deposit at order stage with the balance before dispatch.
Time for payment is of the essence. On late payment we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 in respect of Business Customers, suspend deliveries and withhold release of Goods. You may not set off sums due to us, except as a Consumer exercising a statutory right.
6. Delivery and Risk
Delivery dates are good-faith estimates and not of the essence unless agreed otherwise in writing. Typical mainland UK lead times are 7–14 working days from cleared payment, and we are not liable for delays beyond our reasonable control.
You must ensure the site offers safe, adequate and lawful access, including sufficient approach length and width, firm load-bearing ground, overhead clearance and a clear offloading area, and that a responsible person is present to sign for the Goods; otherwise we may charge for the abortive delivery and redelivery. Our driver has final authority on whether an offload is safe, and placement is at your direction. Risk passes to you on delivery, or when the Goods are made available if you arrange your own transport.
7. Retention of Title
Notwithstanding delivery and the passing of risk, title remains with us until we receive payment in full and in cleared funds of all sums due under the contract and any other contract between us. Until then you must keep the Goods identifiable as our property and must not deface identifying marks, charge, pledge or encumber them. If payment is overdue or you become insolvent we may require their return and, so far as lawfully permitted, enter premises to recover them.
8. Cancellation
Consumers buying at a distance or off-premises may cancel within 14 days of receipt, subject to the exclusions in the Consumer Contracts Regulations 2013; that right does not apply to Goods made to your specification or clearly personalised once fabrication has commenced. Business Customers have no right to cancel an accepted order, and where we accept one at our discretion you are liable for all costs incurred to that date, including materials, fabrication, storage and transport.
9. Warranties
We warrant that on delivery the Goods will conform in all material respects with their description and agreed grade, and will be free from material defects in workmanship on modification work we carry out. New and one-trip containers may carry a manufacturer or fabrication warranty, confirmed at order stage.
Used containers are second-hand goods: dents, scratches, surface rust and patch repairs are inherent characteristics of the grade, not defects. No warranty is given against condensation, which depends on ventilation, siting and use. Warranties exclude fair wear and tear, wilful damage, negligence, abnormal conditions and alterations made without our written approval.
10. Limitation of Liability
Nothing in these terms excludes our liability for death or personal injury caused by our negligence, for fraud, for breach of the statutory terms as to title, or for any other liability that cannot lawfully be limited, and nothing affects the statutory rights of Consumers. Subject to that, and for Business Customers only, we are not liable for loss of profit, business, contracts, anticipated savings or data, or for indirect or consequential loss, and our total aggregate liability is limited to the price paid under the contract.
11. Force Majeure
We are not liable for failure or delay resulting from events beyond our reasonable control, including severe weather, flood, fire, war, terrorism, epidemic, government action, port closures, ferry cancellations, industrial action, utility or transport failures and shortages of fuel, materials or shipping capacity. We may extend the time for performance or, where the event continues beyond 60 days, terminate the affected contract and refund sums paid for Goods not supplied.
12. General
These terms are the entire agreement between us on their subject matter. No variation is effective unless agreed in writing by an authorised representative. If any provision is unenforceable the remainder continues in force, and failure to enforce a provision is not a waiver. A person who is not a party to the contract has no right to enforce it.
13. Governing Law and Jurisdiction
These terms and any dispute arising in connection with them, including non-contractual disputes, are governed by the law of England and Wales, whose courts have exclusive jurisdiction, save that Consumers resident in Scotland or Northern Ireland may bring proceedings locally.
14. Contact
ATC Shipping Containers Ltd, 124–128 City Road, London, EC1V 2NX. Company number 15617678. Email sales@atc-shippingcontainers.com. Telephone +44 20 7946 0000. Website https://atc-shippingcontainers.com