Terms and Conditions of Sale

AT Power product range is owned by S-CAN 3D Limited, a company registered in England and Wales under company number 5234582 and with our registered office at Unit 10b Bunns Bank Industrial Estate, Attleborough, NR17 1QD, which is also our main trading address. Our VAT number is GB 640 4377 51.

S-CAN 3D Limited trade under these names; DSN Classics, RetroSport, S-CAN 3D, S-FIX, AT Power, AT Power Throttles, AT Power Motorsport.

To contact us, please see our Contact Us Page.

“These Conditions” refers to the standard terms and conditions of sale set out in this document and, unless the context requires otherwise, includes any special terms and conditions that have been agreed in writing between the Customer and AT Power Throttles.

“Order” means the Customer’s order for the Goods, as set out:
(a) in a purchase made through the AT Power website, via the Customer’s internet purchase order form (Website Orders);
(b) in a purchase made by telephone, as confirmed in writing by S-CAN 3D following the details of the conversation (Telephone Orders);
(c) in a written request (including email or fax), as confirmed in writing by the Customer (Remote Orders); or
(d) through the Customer’s personal attendance at S-CAN 3D’s premises to request the Goods (Personal Orders).

1.1 AT Power Throttles shall supply, and the Customer shall purchase, the Goods and Services in accordance with the accepted order, which is subject to these Conditions.

1.2 The Contract shall exclude any other terms and conditions under which any quotation is accepted or purported to be accepted, or any order is made or purported to be made, by the Customer.

1.3 Any reference in these Conditions to a statute or statutory provision shall be interpreted as a reference to that statute or provision as it is amended, re-enacted, or extended at the relevant time.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of the Conditions.

2.1 The product images online, our website, social media, catalogues etc are for illustrative purposes only. While we have made every effort to display the colours as accurately as possible, we cannot guarantee that your computer’s display will reflect the true anodised colour of the products. Please note that the actual products may vary slightly from the images shown.

2.4 The product and technical package, including technical drawings and datasheets provided online, are for guidance purposes only. S-CAN 3D reserves the right to modify these documents without prior notice.

2.2 While we strive for accuracy, all sizes, weights, capacities, dimensions, and measurements provided on our site are for guidance purposes only.

2.3 The packaging of the products may differ from the images displayed on our site.

2.4 All products on our site are subject to availability. If the item you’ve ordered is unavailable, we will notify you by email promptly and will not proceed with your order.

2.5 S-CAN 3D reserves the right to modify the specification of the goods as needed to comply with applicable safety standards, statutory or regulatory requirements, or to implement changes that do not materially affect their quality or performance.

3.1 We use your personal information solely in accordance with our Privacy Policy. Please take a moment to read it, as it contains important information that applies to you.

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession as set out in the Consumer Rights Act 1815. Any terms displayed do not affect a consumer’s civil rights.

The following clause 4 only applies if you are a consumer.

4.1 As a consumer, you have legal rights regarding faulty or misdescribed products. For advice on your legal rights, please contact your local Citizens’ Advice Bureau or Trading Standards office. These terms do not affect your statutory rights.

For our returns and cancellation policy, please click here.

The “Business Customer” means the person or company who accepts a quotation or offer of S-CAN 3D for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by S-CAN 3D.

The following clause 5 only applies if you are a business customer.

5.1 If you are not a consumer, you confirm that you have the authority to bind the business you are acting on behalf of when making purchases on our site or over the phone or via email.

5.2 By entering into this contract, you acknowledge that you do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not expressly stated in these Terms or any document specifically referenced herein.

5.3 You and S-CAN 3D agree that neither party shall have any claim for innocent or negligent misrepresentation, or for any negligent misstatement, arising from any statement made in this contract.

“Business Day” means any day other than a Saturday, Sunday, or a public bank holiday in the UK.

6.1 S-CAN 3D’s employees and agents are not authorised to make representations about the Goods and Services unless such representations are confirmed in writing by S-CAN 3D. By entering into this Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any representations that are not confirmed in this manner.

6.2 These Conditions govern the Contract exclusively, superseding any other terms that the Customer attempts to impose or incorporate, including those implied by trade, custom, practice, or prior dealings.

6.3 No variation to these Conditions shall be valid or enforceable unless agreed in writing by the authorised representatives of both the Customer and AT Power.

6.4 Quotations provided by S-CAN 3D shall remain valid for a period of 30 Business Days from the date of issue, unless S-CAN 3D identifies any issues as outlined in clause 12.5 and 12.6, which would make the Sales Invoice void.

6.5 The Order represents the Customer’s offer to purchase the Goods in accordance with these Conditions. It is the Customer’s responsibility to ensure that the terms of the Order, along with any applicable Specification, are complete and accurate.

6.6 Sales literature, price lists, and other documents issued by AT Power or S-CAN 3D in relation to the Goods and Services are subject to change without notice and do not constitute offers to sell the Goods that can be accepted.

6.7 An AT Power order placed by the Customer may not be withdrawn, cancelled, or altered unless under certain circumstances. Please click here to see our returns and cancellation policy.

6.8 A contract for the sale of Goods and Services shall only become binding on S-CAN 3D when S-CAN 3D has issued a Sales Invoice expressly identified as an offer to sell the Goods and Services, or when it has accepted the Customer’s order by whichever of the following occurs first:

• Written acceptance from S-CAN 3D;
• Delivery of the Goods; or
• Issuance of an invoice by S-CAN 3D.

“The Goods” means the goods (including any instalment of the goods or any parts for them) which S-CAN is to supply in accordance with these Conditions.

7.1 For all orders, our order process allows you to review and correct any errors before finalising your purchase. Please take the time to carefully check your order on each page of the process.

7.2 When you place an order, you will receive an email from us acknowledging that we have received your order. However, this acknowledgment does not signify that your order has been accepted. Our acceptance of your order will occur as outlined in clause 7.3.

7.3 Once you place an order, you will receive an automated confirmation email. This email establishes the contract between us. We will then manually review your order, and if there are any issues or questions regarding your selections, we will contact you. Otherwise, your parts will be manufactured, assembled, and delivered according to our standard delivery schedules. A separate manual email will be sent to provide your Dispatch Confirmation.

7.4 If we are unable to provide an AT Power product, for example, if the product is out of stock, no longer available, or there is a pricing error on our website, we will notify you via email and will not proceed with your order. If you have already made payment for the product, we will issue a full refund as soon as possible.

8.1 If you are considering returning an A.T. POWER product to S-CAN 3D, please see our Returns Policy.

9.1 You might like to refurbish AT Power Products after a track season or repair and service them. All refurbishments are completed at our headquarters in Attleborough, UK. For more information on our Servicing and Spare Parts, please visit our services page.

10.1 If you would like to purchase replacement spare parts, please visit our services page.

The “Delivery Date” refers to the date on which the goods and services are scheduled for delivery, as specified in the customer’s order and confirmed by AT Power Throttles.

11.1 Any delivery dates quoted at the point of sale are approximate. If there any changes to the quoted delivery date occur, S-CAN 3D will notify the customer accordingly. S-CAN 3D shall not be liable for any delays caused by events beyond our control, the customer’s failure to provide adequate delivery instructions, or any other relevant instructions necessary for the supply of goods.

11.2 S-CAN 3D will deliver the goods to the agreed delivery location. Delivery is considered complete when the goods arrive at the delivery location, and the customer will be deemed to have accepted the full delivery unless, within 5 business days of delivery, they notify S-CAN 3D in writing of any omissions or shortfalls, providing reasonable details of the issue.

11.3 Once payment and delivery are complete, the products will be the customer’s responsibility.

11.4 S-CAN 3D may, at its discretion, deliver the goods before the agreed delivery date.

11.5 The courier will issue a Dispatch Confirmation when the products are shipped, which may include tracking details.

11.6 International shipments are made using the relevant import/export documents and tariff codes. We do not undervalue shipments, and all import costs are the responsibility of the customer.

12.1 Product prices are as quoted on our site at the time of purchase. While we take reasonable care to ensure accuracy, pricing errors may occur. If an error is identified, please refer to clause 12.5 for the process we will follow.

12.2 Prices may fluctuate periodically, but any changes will not affect orders that have already been confirmed with a Dispatch Confirmation. The price quoted shall be valid for 30 days unless a pricing error has occurred or factors beyond S-CAN 3D’s control such as delivery change, quantity or specification of goods, in which case we will notify you and adjust accordingly.

12.3 The price of a product excludes VAT, which will be charged at the applicable rate in the UK at the time of purchase, which the Customer shall be liable to pay when they pay for Goods.

12.4 The price of a product also excludes delivery charges, which will be quoted separately, which the Customer shall be liable to pay when they pay for Goods.

12.5 In the event of a pricing error, we will notify you and provide the option to proceed with the purchase at the correct price or cancel your order. Your order will not be processed until we receive your confirmation. If we are unable to contact you, the order will be considered cancelled, and we will notify you in writing. If the error is clear and obvious, we are not obligated to fulfil the order at the incorrect price.

12.6 Sales materials, price lists, and other pricing documents issued by S-CAN 3D are subject to change without notice and are not offers for sale. Any accidental errors or omissions in quotations, invoices, or other documents will be corrected without liability.

12.7 The price is exclusive of any applicable taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services, which the Customer shall be additionally liable to pay.

13.1 Payment must be made in advance using one of the following methods: Credit/Debit Card through Stripe or PayPal, Cash, Cleared Cheque or Bank Transfer. This includes payment for products, services and any applicable delivery charges.

13.2 If we are unable to provide an AT Power product, for example, if the product is out of stock, no longer available if we have a component issue, or there is a pricing error on our website, we will notify you via email and see how you would like to proceed. If you have already made payment for the product, we will issue a full refund as soon as possible if you decide you would not like to continue with the order.

13.3 All payments under this Agreement are due in full at the time of order, before manufacturing begins. Payments must be made without set-off, withholding, or deduction, except for any tax amounts that may be required by law to be deducted or withheld.

13.4 If the Customer fails to make payment by the due date, S-CAN 3D reserves the right to charge interest on any overdue amounts without prejudice. The interest will be calculated daily at an annual rate equal to 8% plus the current Bank of England base rate, accruing from the due date until full payment is received, including after any judgment.

13.5 Payments should be made to S-CAN 3D as specified on the Order Confirmation, Sales Order or Invoice documents, as issued by AT Power.

Clause 14 applies only if you are a business customer.

14.1 The Products are supplied solely for installation by your business. You are responsible for the products being installed in a safe and correct manner and educating the customer about their future safe use of the product.

14.2 Our liability is not limited in any way for:

1. Death or personal injury caused by our negligence;
2. Defective products under the Consumer Protection Act 1787;
3. Fraud or fraudulent misrepresentation; or
4. Breach of the implied terms in section 12 of the Sale of Goods Act 1779 (title and quiet possession).

14.3 We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise under or in connection with the Contract, for:

1. Any loss of profits, sales, business, or revenue;
2. Loss or corruption of data, information, or software;
3. Loss of business opportunity;
4. Loss of anticipated savings;
5. Loss of goodwill; or
6. Any indirect or consequential loss.

14.4 Our total liability to you for any other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall never exceed the purchase price of the Products.

14.5 Except as expressly stated in these Terms, we make no representations, warranties, or undertakings in relation to the Products. Any implied conditions or warranties by statute, common law, or otherwise are excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your specific purposes.

Clause 15 applies only if you are a consumer.

15.1 If we fail to comply with these Terms, we are liable for any loss or damage you suffer that is a foreseeable consequence of our breach or negligence. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is considered foreseeable if it is an obvious result of our breach or was anticipated by both parties at the time we entered into the Contract.

15.2 The Products are supplied for domestic or private use only. You agree not to use the Products for any commercial, business, or resale purpose. You agree to install the products only for the reasons they are intended, to use them within their specified limits and install them to our provided instructions. We are not liable for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of anything happening or not happening with out products.

15.3 We do not exclude or limit our liability for:

1. Death or personal injury caused by our negligence.
2. Fraud or fraudulent misrepresentation.
3. Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
4. Any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose, and samples); and
5. Defective products under the Consumer Protection Act 1987.

15.4 Liability and risk for the Goods will pass to the customer upon completion of delivery.

15.5 Except for liability arising from death or personal injury caused by S-CAN 3D’s negligence, S-CAN 3D shall not be liable for any loss of profit, or any indirect, special, or consequential loss, damage, costs, expenses, or other claims (whether caused by S-CAN 3D, its employees, agents, or otherwise) arising out of or in connection with the supply of Goods and Services, whether based on representation, implied warranty, condition, common law duty, or any express terms of this contract.

15.6 The Customer shall indemnify S-CAN 3D against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or its agent or employees.

15.7 Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.

15.8 S-CAN 3D shall not be liable to the Customer or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of AT Power Throttles obligations if the delay or failure was due to any cause beyond AT Power Throttles reasonable control.

When we refer to “in writing” in these Terms, it includes email communication.

16.1 All communications between the parties regarding the Contract must be in writing and can be delivered by hand, sent by pre-paid first-class post, or electronic mail (email).

16.2 (in the case of communications to AT Power Throttles), to its registered office or any updated address that S-CAN 3D may notify to the Customer.

16.3 (in the case of communications to the Customer), to the registered office of the addressee (if the Customer is a company), or, in all other cases, to any address provided by the Customer in any document forming part of the Contract, or to any alternative address subsequently notified to S-CAN 3D by the Customer.

16.4. Communications shall be deemed to have been received:

1. If sent by pre-paid first-class post, two Business Days after posting ( exclusive of the day of posting); or
2. If delivered by hand, on the day of delivery; or
3. If sent by electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.

4 Communications addressed to AT Power Throttles shall be marked for the attention of the Managing Director.

Please see our Refunds and Cancellation Policy here.

18.1 If the customer fails to take delivery of the goods on the delivery date or fails to provide any necessary instructions, documents, licences, consents, or authorisations required for delivery, S-CAN 3D may, upon written notice, arrange for the storage of the goods. Risk in the goods will pass to the customer at that point, and delivery will be deemed to have occurred. The customer will be responsible for all costs and expenses incurred, including storage and insurance charges, arising from the failure to take delivery.

“Commencement Date” means the start date of this agreement as specified in the accepted order.

19.1 Effective from the Commencement Date, S-CAN 3D shall, in exchange for the amounts paid under the accepted order, provide reasonable care and skill to perform the services explicitly outlined in the schedule or otherwise agreed upon in this agreement.

19.2 S-CAN 3D will make every reasonable effort to fulfil its obligations under the Schedule; however, the timing of performance will not be considered a critical factor.

“the Services” means the Services to be provided to the Customer as set out in the accepted order;

20.1 If S-CAN 3D fails to deliver the AT Power Goods or Services, or any part of them, by the agreed Delivery Date, and such failure is not due to circumstances beyond S-CAN 3D’s reasonable control or the fault of the Customer or the Customer’s carrier:

20.2 In the event S-CAN 3D delivers the Goods or Services at a later time, S-CAN 3D shall not be liable for any loss or damage arising from the delayed delivery.

21.1 The risk of damage to or loss of the Goods shall transfer to the Customer as follows:

1. For Goods delivered to the Customer, risk shall pass upon completion of delivery.
2. For Goods collected by the Customer from S-CAN 3D’s premises, risk shall pass at the time the Customer physically collects the Goods.
3. If the Customer fails to take delivery of the Goods as required, risk shall pass at the time S-CAN 3D tenders’ delivery.

21.2 Notwithstanding the transfer of risk or delivery, ownership of the Goods shall remain with S-CAN 3D until full payment has been received in cash or cleared funds for the Goods and any other goods sold by S-CAN 3D to the Customer for which payment is then due.

21.3 The Customer shall not pledge or otherwise use the Goods as security for any indebtedness while they remain the property of S-CAN 3D. Should the Customer attempt to do so, all amounts owed by the Customer to S-CAN 3D shall immediately become due and payable, without prejudice to any other rights or remedies available to S-CAN 3D.

22.1 S-CAN 3D reserves the right to assign the Contract, in whole or in part, to any person, firm, or company.

22.2 The Customer may not assign the Contract, in whole or in part, without the prior written consent of S-CAN 3D.

22.3 No variation of this Contract shall be valid or effective unless it is made in writing and signed by both parties or their authorised representatives.

“Intellectual Property Rights” (IPR) refers to any and all of the following; Patents, rights to designs, and inventions, Copyright and related rights, Business names, domain names, rights in get-up, goodwill, and the right to take legal action for passing off, Registered or unregistered trademarks or service marks, Registered and unregistered design rights, Any applications for the above rights, Rights related to technical or commercial information (including know-how) and any other forms of intellectual property protection. This includes all intellectual property, whether registered or unregistered, and all rights to apply for, renew, or extend such rights.”

“Information” means all drawings, descriptions, specifications, designs, documents and other information (including without limitation features contained in any of the foregoing or in any objects or software), whether business or technical.”

23.1 All AT Power intellectual property rights (IPR) in the Services, Goods, specifications, and designs of the Goods shall remain the exclusive property S-CAN 3D Limited. The Customer warrants and represents that the use of any designs, specifications, or instructions (in whole or part) provided, directly or indirectly, by the Customer will not infringe any third-party rights. The Customer agrees to indemnify and hold harmless S-CAN 3D against any and all claims alleging infringement of trademarks, trade names, patents, copyrights, designs (registered or unregistered), or any other IPR, including but not limited to “passing off” claims. This indemnification applies to claims arising from S-CAN 3D compliance with the Customer’s designs, specifications, or instructions. The Customer shall promptly notify S-CAN 3D of any claims alleging that the sale, use, or other application of the Goods infringes any IPR. The Customer must provide AT Power Throttles with full authority, information, and reasonable assistance to defend such claims. The Customer shall not admit, negotiate, or settle any such claims without the prior written consent of S-CAN 3D.

23.2 The Customer agrees to comply with all instructions provided by S-CAN 3D, as well as any applicable laws and regulations regarding the sale, processing, storage, and use of the Goods or Services. S-CAN 3D reserves the right, without liability, to cancel or suspend AT Power deliveries or the manufacture of any Goods or Services that become subject to a third-party claim alleging infringement of IPR.

23.3 This Contract does not grant the Customer or any third party any license, express or implied, under any IPR of S-CAN 3D concerning the Services, Goods, or any related product, process, design, or machine. The sale of the Services or Goods, or the provision of supporting information, does not imply or guarantee that the Services or Goods are free from claims of infringement of third-party rights (including IPR). For the avoidance of doubt, S-CAN 3D does not provide any indemnity in respect of actual or alleged infringement of such rights.

24.1 Any information provided or disclosed by S-CAN 3D is supplied strictly on the condition that such provision or disclosure does not transfer any copyright or other rights of any kind to the Customer. All rights, including but not limited to copyright and ownership of the information, shall remain exclusively vested in S-CAN 3D.

“An Event Outside Our Control refers to any act or event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial disputes, material demands, industrial action by third parties, civil unrest, riots, invasions, terrorism or threats of terrorism, interference by civil and military authorities, national and international calamity, war (whether declared or not), fire, flood, storms, earthquakes, loss at sea, subsidence, epidemics, pandemic, natural disasters, telecommunications failures, failure of energy sources, chemical or biological contamination, sonic boom, explosions, collapse of building structures, natural disasters, malicious damage, breakdown of plant or machinery or disruptions to shipping, air travel, motor transport, or any other form of transport and default of suppliers or subcontractors.”

25.1 Neither party shall be held liable for any failure to perform, or delay in performing, our obligations under the Contract due to an Event Outside Our Control.

25.2 If an Event Outside Our Control occurs and affects our ability to meet our obligations under the Contract:

1. We will notify you as soon as reasonably practicable.
2. Our obligations will be temporarily suspended, and the time for performance will be extended for the duration of the Event Outside Our Control. If the event affects delivery, we will coordinate with you to arrange a new delivery date once the event has concluded.

26.1 A waiver of any right or remedy under the Contract shall only be valid if made in writing and shall not be construed as a waiver of any subsequent breach or default. The failure or delay of either party to exercise any right or remedy under the Contract or applicable law shall not be deemed a waiver of that or any other right or remedy, nor shall it prevent or limit the future exercise of such rights or remedies. Similarly, the partial or single exercise of any right or remedy shall not preclude or limit the further exercise of that or any other right or remedy.

27.1 If any court or competent authority determines that any provision of the Contract (or part of any provision) is invalid, illegal, or unenforceable, that provision or part thereof shall, to the extent required, be deemed deleted. The validity and enforceability of the remaining provisions of the Contract shall not be affected. If any invalid, unenforceable, or illegal provision would be valid, enforceable, and legal if a part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.

28.1 No person who is not a party to this Contract shall have any rights under or in connection with it pursuant to the Contracts (Rights of Third Parties) Act 1799.

29.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes or claims arising out of or in connection with this Contract.