TANK MATE TERMS AND CONDITIONS

 

TANK MATE TERMS AND CONDITIONS OF SUPPLY AND SERVICE

These Tank Mate Terms apply to the provision of our Tank Mate device and related services. Other terms and conditions will also apply to the Contract (as defined below) as follows:
  • If you are a business or trade customer, our Commercial Terms will also apply to the Contract.
  • If you are a consumer, our Consumer Terms will also apply to the Contract.
  • If there are any inconsistencies between these Terms and either of our Commercial or Consumer Terms (as applicable) in relation to the Tank Mate Services then these Terms shall prevail.

1. Definitions

The definitions of the Commercial Terms and Consumer Terms (as applicable) apply to these Terms together with the following definitions:
 
Contract: the contract between You and Us for the supply of TM Services in accordance with these Terms and our commercial terms or consumer terms (as applicable) as specified above.
Contract Duration: 36 months from the date of installation of Tank Mate or such other period We may agree in writing.
Customer, You, Your: the person or firm who purchases the TM Services from Us.
Order: Your order for the supply of TM Services.
Tank Mate: a radar monitoring device to measure the levels of oil in a Customer’s tank provided as part of the TM Services.
Terms: these terms and conditions as amended from time to time.
Schedule of Charges: the description or specification for the TM Services provided by Us to You together with our quotation of the charges.
Software: the online or mobile software applications provided by us as part of the TM Services.
TM Services: the fuel monitoring services which We provide to You via Tank Mate and the Software as set out in these Terms. The TM Services shall be part of the ‘Services’ as referred to in the commercial or consumer terms referred to above.
We, Us, Our: Compass Energy Limited, company number 11722522, registered office 6 Drakes Meadow, Penny Lane, Swindon, Wiltshire, England, SN3 3LL.

2. Delivery and Installation

 2.1. We will take reasonable steps to deliver and install Tank Mate by the date specified in the Schedule of Charges or, if none is specified, within a reasonable period of time. However, any delivery and installation dates are estimates only and we cannot guarantee that Tank Mate will be delivered on or installed by any particular date or time.

2.2. Please be aware that our business is subject to marked seasonal fluctuations in demand and that during the winter months in particular we can be subject to the twin pressures of markedly increased demand and poor driving conditions so that you must allow extra time for deliveries and factor this into the Orders which you place.

2.3. We shall provide the TM Services from the date We install Tank Mate in Your tank at the location specified in Your Order for the Contract Duration.

2.4. Tank Mate will be at Your risk and responsibility from completion of installation.

3. Charges

3.1. The charges for Tank Mate and the TM Services shall be specified in the Schedule of Charges.

3.2. For the avoidance of doubt, the charges for the TM Services do not include the charges for any other Services, Automatic Delivery Services or any Products.

3.3. The Charges shall be payable in accordance with the Schedule of Charges.

4. Ownership of Tank Mate

4.1. If You are paying a monthly fee for the TM Services, Tank Mate remains Our property until payment for the TM Services for the entirety of the Contract Duration has been received in full and cleared funds.

4.2. If You fail to make any payment when due under the Contract We may enter Your premises and uninstall and take possession of the Tank Mate. Until We have collected the Tank Mate the Customer shall be solely responsible for its safe keeping.

5. Software and Services

5.1.We will regularly collect data from Tank Mate to gauge the fuel volumes in Your tank. You may check this data on Our partner’s Website: www.magnusmonitors.com or through your customer App if available to You.

5.2. Tank Mate uses a data connection and built-in SIM technology to communicate the fuel levels of your tank.

5.3. The TM Services are only available if Our service provider’s mobile network is sufficient at the point of install. Upon installation, Our engineer will be able to establish if the TM Services will be able to be performed. If there are any problems with installation so that We will not be able to provide the TM Services, no Charges shall be payable by You.

5.4. We shall for the Contract Duration provide the Software to You on and subject to these Terms.

5.5. We do not make any commitment as to the availability of the Software and may carry out maintenance at any time.

5.6. We shall provide the TM Services with reasonable skill and care however the Software is provided on an ‘as-is’ basis.

5.7. We shall not be responsible nor liable to You to the extent we are unable to provide the TM Services which is caused by Your use of the TM Services, Tank Mate or the Software contrary to Our instructions, or modification or alteration of the Tank Mate or Software by any party other than Us or Our authorised contractors or agents.

5.8. We cannot guarantee that Your use of the Software will

  • 5.8.1. be uninterrupted or error-free;
  • 5.8.2. meet Your requirements; or
  • 5.8.3. the Software or the TM Services will be free from software vulnerabilities or viruses.

5.9. We will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

5.10. Should you experience any technical issue with either Tank Mate or the Software please contact us in the first instance by emailing admin@compassenergy.co.uk.

6. Fuel supply

6.1. Where You have entered into a separate contract for Our Automatic Delivery Service, We will deliver Product to You in accordance with the applicable General Terms in such amounts as indicated to Us by Tank Mate, or such other volumes as otherwise agreed.

6.2. Where You have not entered into a separate contract for Our Automatic Delivery Service We will contact You when Tank Mate indicates that Your fuel levels are at a level where a new delivery of Product is advisable.

7. Damage to Tank Mate

7.1. In the event Tank Mate is damaged by You or whilst in your possession (other than damage caused by us or a third party instructed by us) then You will be liable for the full replacement and/or repair costs of the Tank Mate. From installation, in the event one of Our engineers is required to visit your site to Tank Mate then Our standard call-out rates currently in force will apply.

7.2. If Tank Mate becomes defective during the Contract Duration please contact Us and We will arrange the repair or replacement of Tank Mate at no cost to You. You will return Tank Mate to Us at Our expense following the returns procedure that We will specify at the time of the return. Until such time as a replacement Tank Mate can be installed Our obligation to provide the Service is suspended.

7.3. However, We shall not be liable under clause 7.2 in the following circumstances:

  • 7.3.1. You make further use of Tank Mate after giving Us notice that there is a problem;
  • 7.3.2. the defect arises because You failed to follow Our oral or written instructions as to the storage, installation, commissioning, use or maintenance of Tank Mate;
  • 7.3.3. You or a third party instructed by you alters or repairs Tank Mate without Our written consent; or
  • 7.3.4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal conditions.

8. Your Responsibilities

8.1. You must
  • 8.1.1. ensure that Your tank has an accurate and fully functioning meter or gauge as We may not be able to deliver Product to a tank where measurements can only be taken from Tank Mate.
  • 8.1.2. not tamper or interfere with Tank Mate or obstruct the operation of Tank Mate (or allow it to be tampered or interfered with or its operation to be obstructed).
  • 8.1.3. co-operate with Us in all matters relating to the TM Services;
  • 8.1.4. provide Us, Our employees, agents, consultants and subcontractors, with access to Your premises as reasonably required by Us for installation and to provide the TM Services;
  • 8.1.5. provide Us with such information and materials as We may reasonably require in order to supply the TM Services, and ensure that such information is complete and accurate in all material respects;
  • 8.1.6. prepare Your premises for installation and the supply of the TM Services.
8.2. You assume sole responsibility for results obtained from Your use of the TM Services and the Software and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Us by You in connection with the TM Services, or any actions taken by Us at Your direction.

9. Cancellation

9.1. We will provide the Services for the Contract Duration after which time We shall continue to provide the Services and You shall continue to pay the Charges for the TM Services unless You cancel the TM Services by providing Us with 30 days’ notice in writing.
9.2. You may cancel the TM Services at any time during the Contract Duration by providing Us with 30 days’ notice in writing.
9.3. If You do not purchase Product from Us during the Contract Duration We reserve the right to cancel the TM Services and/or remove Tank Mate.

10. Intellectual Property and Proprietary Rights

You acknowledge and agree that We and/or our licensors own all intellectual property rights in Tank Mate, the Software and the TM Services. Except as expressly stated herein, this agreement does not grant You any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of Tank Mate, the Software and the TM Services.

11. General

11.1. We may amend these TM Service Terms from time-to-time by giving at least 30 days’ notice to You in writing.
11.2. If you do not agree to any changes of these Terms under clause 11.1 You may cancel the TM Services on 30 days written notice to Us.