Terms & Conditions
Terms & Conditions
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Website disclaimer The information contained in this website is for general information purposes only. The information is provided by Morland which is a division of Newmor Group Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Morland. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Newmor Group Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
CONDITIONS OF SALE (Updated: 10/7/2015)
MORLAND (Part of Newmor Group Ltd)
1. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
2. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
3. All transactions are subject to the Company’s standard conditions of sale as herein set out. If the buyer’s form of acceptance or conditions of purchase contain printed conditions, conflicting therewith, the seller’s conditions shall prevail.
4. No offer or quotation and no acceptance by the seller shall be valid and binding unless made by the seller in writing.
5. No express or implied warranty or condition as to quality or fitness for a particular purpose shall be implied to the Contract.
6. Any special requirements of the buyer as to physical characteristics or otherwise must be set out in the Contract to be effective.
7.1 Unless otherwise agreed in Writing by the Seller, the Goods shall be delivered on the following basis;
UK Mainland To the Buyers place of business
N. Ireland To the Buyers place of business
Channel Islands To the Buyers place of business
S. Ireland Ex-works
7.2 Where the Goods are delivered to the Buyer’s premises the Buyer shall be responsible for unloading the Goods and where the Seller or its employees or agents carry out or assist the Buyer, its employees or agents in such unloading the Buyer shall indemnify and keep indemnified the Seller against all liabilities including without limitation all loss, costs, charges and expenses arising from such unloading.
7.3 Where the Goods are delivered on an ex-works basis the Buyer will take delivery of the Goods within 4 days of the Seller giving it notice that the Goods are ready for delivery.
7.4 Where the Goods are to be delivered to N. Ireland or the Channel Islands, or the Seller has otherwise agreed to deliver the Goods outside the UK Mainland all Goods shall be delivered FOB the air or sea port of shipment and the Seller shall be under no obligation to give notice under s32(3) of the Sale of Goods Act 1979. The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
7.5 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay howsoever caused. Time for delivery shall not be of the essence. If no dates are specified, delivery will be within a reasonable time.
7.6 Where the Goods are to be delivered in installments, each delivery or performance shall constitute a separate contract and failure by the Seller to deliver or perform any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
7.7 Where the Goods are to be delivered on an ex-works basis the Buyer will provide at its own expense adequate and appropriate equipment and manual labour for loading the Goods.
7.8 Where the Goods to be supplied are ex-stock, the Seller reserves the right to delay delivery of ex-stock items until supplies of such goods are received by the Seller, whereupon the Seller shall deliver such items.
7.9 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available, the Seller may :-
7.9.1 store the Goods until actual delivery and charge the Buyer for the reasonable cost of storage, including insurance;
7.9.2 after the expiration of 3 months from the Delivery Date dispose of the Goods in such manner as the Seller may determine; and
7.9.3 suspend any further performance of the services under the Contract or any other contract.
7.10 Shall the Buyer require delivery of Goods at the weekend, the Buyer shall be responsible for and agrees to indemnify and keep indemnified the Seller against any additional delivery costs and expenses resulting from the delivery being at the weekend.
8. The seller shall not be responsible for any delays in delivery or any inability to deliver or any loss arising thereout due to fire, mechanical breakdown, strikes, lockouts, civil commotions, insurrections, war, shortages of labour or materials, or other unforeseen or exceptional circumstances of any kind whatsoever beyond the seller’s control.
9. No claim for compensation on the part of the buyer shall be valid unless: a) In the case of damage or shortage such damage or shortage is noted on the delivery paperwork at the time of delivery and the claim is made by the buyer in writing within 3 days of the receipt of the goods giving the seller full details of the nature of the claim. If this provision is not complied with, all claims shall be deemed to be waived and absolutely barred, the goods shall be deemed to be in all respects in accordance with the Contract and the buyer shall be bound to accept and pay for the same accordingly. b) In respect of a claim as to the quality of the goods supplied or in respect of the claim that the goods do not compare with the description or sample if any, as the case may be, unless the goods are returned to the seller uncut, unmarked and unused or subjected to any process, within fourteen days of receipt by the buyer.
10. The seller shall not be liable for any loss or damage arising out of defects becoming apparent more than three months after delivery. In the event of any claim the liability of Morland shall in no circumstances exceed the invoice value of the defective material.
11. It shall be deemed to be a good tender by the seller if goods delivered shall be within 10% of the order by quantity.
12. If the buyer shall fail to give delivery instructions to the seller recovering all the goods included in the Contract within two months of the date of the order, unless such delivery date shall have been included in the order the seller shall have the following options, that is to say: (a) The option to cancel the Contract; or (b) To invoice the outstanding balance to the buyer, but so that the seller shall not be obliged to part with possession of the goods except upon payment of the full value thereof.
13. Where the seller shall have the charge on the order for wrappers, cases, container or other packaging, the cost thereof will be repaid to the buyer in full upon the return thereof free of charge to the seller to the seller’s premises in good condition.
14. The cost of carriage will be paid by the buyer except were agreed otherwise by the seller in advance of delivery and in writing. 15. If the buyer shall seek to determine the Contract he shall be liable to the seller for the cost of manufacture and/or cost of raw materials purchased by the seller down to the date of such cancellation.
16. Although every endeavor is made upon the part of the seller to supply its materials free from any defects the seller will not be responsible for any loss or damage arising out of the use of the materials supplied to the buyer either by the buyer or its sub-contractors.
17. All prices are quoted subject to alteration, if fluctuation of rates of exchange or other unforeseen events should make it necessary.
18. a) Risk in the Goods shall pass to the Buyer at the time the Goods are delivered to the Buyer in accordance with the Contract. b) Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property and ownership in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds, full payment of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. c) Until such time as the property and ownership in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but shall be entitled to resell or use the Goods in the ordinary course of its business. d) Until such time as the property in the Goods passes to the buyer and provided that the Goods are still in existence and have not been resold, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails so to do forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and to repossess the Goods. e) The Buyer shall not be entitled to pledge or in any way change by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so then all monies owing by the Buyer to the Seller shall, without prejudice to any other right or remedy of the Seller, forthwith become due and payable. f) If the goods are destroyed by an insured risk before the Buyer has paid for them the Buyer shall hold the insurance proceeds as the Seller’s trustee. 19. Payment will be made strictly net on or before the due date as stated on the invoice.
20. The company reserves the right to charge interest at commercial rates (and in any case not less than 4% per annum above Barclays Bank Plc base rate for the time being in force from the day any sum becomes overdue until the sum is paid with interest) on any overdue account.
21. The Contract shall be interpreted in accordance with the Laws of England. Returns Policy Should you need to return an item it is our aim to make this as simple as possible. Call our customer service team on 01938 551980. For a refund items must be unused, in a saleable condition. and still in their original packaging. Our carrier pick up service may incur a charge depending on the circumstances and all returns will be subject to a 20% restocking fee. Damage to the edges of boards must be advised on the delivery note otherwise claims will not be accepted. For faulty goods you must advise Morland within three days of delivery. Anti Money Laundering Provisions Newmor Group Ltd will not accept payment(s) in cash amounting to 15,000 EUR (£ Sterling equivalent) in total for goods supplied by a Newmor Group Ltd company (Morland, Dixon Turner, Newmor, John Morris), whether in a single transaction or in several instalments from the same customer. If a customer seeks to pay for goods with cash exceeding this sum, in a single payment or by instalments, the payment(s) will be declined and an alternative payment method will be requested. The attempted payment will be referred to our Company Secretary and accounts department. All staff involved in receiving payment for good supplied are fully aware of this policy.