These terms explain the limited 3-year commercial guarantee, the mandatory rights of eligible consumers, the procedure for reporting damage or defects, and the conditions for returns.
These terms apply only to fuel tanks purchased directly from PlasticAutoTank, operated by SIA “FIGARO ART”. A consumer is a natural person acting for purposes outside their trade, business, craft or profession. A person purchasing for professional, commercial or resale purposes is a business customer.
Eligible consumers are entitled to the statutory conformity period required by the mandatory law applicable to their contract. Within the European Union this is generally at least 2 years from delivery; national law may provide longer protection.
Where a lack of conformity for which the seller is legally responsible is established, the consumer may request repair or replacement as provided by applicable law. A requested remedy may be refused where it is impossible or would impose disproportionate costs, taking account of all relevant circumstances.
A proportionate price reduction or termination and reimbursement is available only where the conditions laid down by applicable law are met, including where repair or replacement is impossible, disproportionate, unsuccessful, refused, not completed within a reasonable time, or the lack of conformity is sufficiently serious. No termination is available for a minor lack of conformity where applicable law so provides.
Nothing on this page creates an automatic right to an immediate refund before the seller has had a reasonable opportunity to assess the claim and provide the remedy permitted by law.
The statutory consumer rights and 14-day consumer withdrawal right described on this page do not apply to business customers. Business purchases are governed by Section 7 below, unless mandatory law or a separate written agreement expressly provides otherwise.
We provide the original purchaser with a limited 3-year commercial guarantee commencing on the date of delivery. This commercial guarantee is provided in addition to, and does not affect, the consumer’s mandatory statutory conformity rights.
This voluntary guarantee covers a defect in the material or manufacture of the tank body that existed at delivery or arose during normal intended use because of defective material or manufacture. Coverage applies only if the claimant proves the purchase and complies with the claims procedure, and provided that the fuel tank:
The commercial guarantee is limited to the fuel tank itself. Unless expressly stated in the product listing, it does not cover pumps, senders, valves, hoses, seals, straps, brackets, fasteners or other vehicle components transferred from the original tank or supplied separately.
These exclusions apply only to the commercial guarantee and do not exclude or restrict mandatory statutory rights where the seller is legally responsible.
After the tank has been returned and technically inspected and a covered defect has been confirmed, the guarantor will, at its option, repair the tank or provide a replacement. If neither remedy is reasonably available, the guarantor may refund the price paid for the tank. A refund under this voluntary guarantee does not include premium delivery charges, installation, removal, diagnostic, storage, towing, vehicle rental, fuel, loss-of-use or other consequential costs.
The claimant must follow our approved return procedure. We may require the claimant to pay the initial inspection or return-shipping cost. If the claim is confirmed as covered, reasonable approved return-shipping costs will be reimbursed and the repaired or replacement tank will be dispatched to the original delivery country. If the claim is not covered, the claimant bears the inspection, return and redelivery costs to the extent permitted by applicable law.
A repaired or replacement product remains covered only for the unexpired portion of the original 3-year period, unless mandatory law requires otherwise. This commercial guarantee is not transferable except where mandatory law provides otherwise.
Before accepting the shipment, please inspect the packaging for holes, crushing, deformation, tears, moisture or other visible signs of damage.
If the packaging appears damaged, please ask the courier to record the following on the delivery document:
If possible, photograph the packaging from all sides before opening it, including the shipping label and any visible damage. Please retain the original packaging until the condition of the tank has been confirmed.
Please report visible or suspected transport damage as soon as reasonably possible, preferably on the day of delivery.
Send the information to info@plasticautotank.com with the subject: Transport damage – Order number XXXXX.
Please include, where reasonably available:
Prompt notification is important for evidence and carrier insurance purposes, but does not limit mandatory statutory consumer rights.
Where evidence shows that damage occurred after delivery, during storage, handling, installation or use, it is not a transport or manufacturing defect covered by the commercial guarantee.
Before installation or filling, the purchaser and installing workshop must compare the new tank with the original tank and verify the vehicle model, year, body style, engine, fuel type, mounting points, openings, connections and clearances. Vehicle registration data and VIN information supplied to us must be complete and accurate.
If any material difference, interference or uncertainty is found, stop and obtain our written confirmation before drilling, cutting, heating, grinding, forcing the tank into position or performing any other alteration. Unless we expressly confirmed compatibility in writing based on complete and accurate vehicle information, incorrect customer selection is not a defect.
Using approximately 2–3 litres of the correct fuel, the workshop should check the tank for leakage before it is installed. Where safe and technically appropriate, the tank should be carefully tilted so that the relevant surfaces, connections and areas can be inspected.
The check must be carried out in a properly ventilated work area, away from flames, sparks, hot surfaces and other ignition sources, and in accordance with all applicable fuel-handling and fire-safety procedures.
A hidden impact sustained during transport may occasionally become visible only after the tank contains fuel, even where the external packaging shows no obvious damage. The pre-installation check is intended to identify such damage before installation and to prevent avoidable removal, reinstallation and workshop costs.
This inspection does not replace the manufacturer’s quality-control procedures and does not restrict mandatory statutory rights. However, to the extent permitted by applicable law, failure to carry out the communicated pre-installation inspection may be considered when determining whether claimed additional costs were reasonably necessary or could have been avoided.
A correctly performed pre-installation leak check requested by us will not, by itself, invalidate a statutory claim. The person performing the check remains responsible for safe fuel handling, complete drainage and compliance with fire-safety and transport requirements.
Please provide, where reasonably available:
The claimant must cooperate reasonably with the investigation. Failure to preserve the tank, packaging or relevant evidence may be taken into account where it prevents the cause, timing or responsibility for the reported damage from being established. A photograph, video, workshop statement or invoice alone is not conclusive proof of a manufacturing defect.
Except for urgent measures necessary to protect people, property or the environment, please contact us before commissioning removal, reinstallation, diagnostic work, repairs or modifications connected with a warranty claim.
We must be given a reasonable opportunity to examine the available evidence, inspect the product and propose an appropriate remedy.
Any claim for additional costs must be reasonable, necessary, directly related to the confirmed defect, supported by proper documentation and recoverable under applicable law. An invoice alone does not establish the cause of the defect or our legal responsibility.
To the extent permitted by applicable law, we may reject costs that are avoidable, disproportionate, unrelated, insufficiently documented or incurred without giving us a reasonable opportunity to assess the claim and provide a remedy.
Under the voluntary commercial guarantee, we do not reimburse installation, removal, reinstallation, diagnostics, storage, towing, recovery, vehicle rental, travel, fuel, loss of use, loss of profit or other indirect or consequential loss. For consumer claims within the statutory conformity period, such costs are payable only to the extent that they are necessary, proportionate and expressly required by mandatory applicable law.
Do not return a tank without first receiving return instructions from us. We will provide the correct return address and, where applicable, arrange the courier.
A tank that has contained fuel must be completely emptied and safely prepared for transport by a qualified professional. All carrier and dangerous-goods requirements must be followed.
Please do not repair, modify, discard or destroy the tank before the claim has been assessed, unless this is necessary for immediate safety.
Our inspection may include examination of the tank and packaging, leak testing and assessment of whether the reported problem is consistent with a production defect, transport impact, installation damage, modification or another external cause.
Our technical assessment is not intended to exclude any right to independent evidence or dispute resolution available under mandatory law. However, the seller must be given a fair opportunity to inspect the product before it is altered, repaired or destroyed.
Where the mandatory law applicable to the distance contract grants a withdrawal right, including for eligible EU/EEA consumer purchases, the consumer may withdraw within 14 days without giving any reason. This right does not apply to business purchases or to goods made to the consumer’s specifications or clearly personalised where the relevant statutory exception applies.
The withdrawal period expires 14 days after the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the goods.
To exercise the right of withdrawal, you must inform:
You must make a clear statement, for example by email, confirming your decision to withdraw from the contract. You may use the model withdrawal form below, but its use is not mandatory.
The withdrawal deadline is met if you send your notice before the 14-day period expires.
If you withdraw from the contract, we will reimburse all payments received from you, including the cost of the least expensive standard delivery offered by us. Additional costs resulting from your choice of a more expensive delivery method will not be reimbursed.
Reimbursement will be made without undue delay and no later than 14 days from the day on which we receive your withdrawal notice, using the same payment method as the original transaction unless expressly agreed otherwise.
We may withhold reimbursement until we have received the goods back or you have supplied evidence that the goods have been returned, whichever occurs first.
To:
SIA “FIGARO ART”
Parades 3/1, Riga, LV-1016, Latvia
Email: info@plasticautotank.com
I hereby give notice that I withdraw from my contract of sale for the following goods:
Product: ___________________________________________
Order number: ______________________________________
Ordered on: _________________________________________
Received on: ________________________________________
Consumer’s name: ___________________________________
Consumer’s address: ________________________________
Date: ______________________________________________
Consumer’s signature (paper forms only): ____________
Signature is required only if this form is submitted on paper.
This section applies where the purchaser acts wholly or mainly in the course of a trade, business, craft, profession or for resale. Consumer remedies and the consumer withdrawal right do not apply to such purchases.
For a valid business warranty claim, our sole obligation is, at our option, repair or replacement of the affected tank. If neither is reasonably available, we may refund the price paid for that tank. The business customer has no right to reimbursement of removal, installation, reinstallation, diagnostics, storage, towing, vehicle rental, downtime, loss of use, loss of revenue, loss of profit, loss of contract, reputational loss or any indirect or consequential loss.
To the maximum extent permitted by law, our aggregate contractual liability to a business customer arising from the product or order is limited to the net purchase price paid for the affected product. Nothing excludes liability that cannot lawfully be excluded, including liability for intentional misconduct or for death or personal injury where exclusion is prohibited.
No return by a business customer is accepted without our prior written authorisation. Any voluntary business return may be subject to agreed return shipping, inspection, handling and diminished-value costs.
Business contracts are governed by the laws of the Republic of Latvia, excluding its conflict-of-law rules. The courts of the Republic of Latvia have exclusive jurisdiction over business disputes, unless the parties expressly agree otherwise in writing or mandatory law requires another forum.