Terms & Conditions
Website usage
Welcome to the Morland website. Morland is a division of Newmor Group Ltd. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Morlands relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term “Morland”/ “Newmor Group” or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Henfaes Lane, Welshpool, Powys, SY21, 7BE, UK Our company registration number is 326 5982 31 , Registered in England & Wales. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
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
MORLAND (Part of Newmor Group Ltd)
1. 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.
2. No offer or quotation and no acceptance by the seller shall be valid and binding unless made by the seller in writing.
3. No express or implied warranty or condition as to quality or fitness for a particular purpose shall be implied to the Contract.
4. Any special requirements of the buyer as to physical characteristics or otherwise must be set out in the Contract to be effective.
5. Unless otherwise specifically arranged, delivery dates quoted shall be deemed to be those on which the goods will be ready for despatch from the seller’s warehouse.
6. 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.
7. 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.
8. 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.
9. It shall be deemed to be a good tender by the seller if goods delivered shall be within 10% of the order by quantity.
10. 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.
11. 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.
12. The cost of carriage will be paid by the buyer except were agreed otherwise by the seller in advance of delivery and in writing.
13. 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.
14. 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.
15. All prices are quoted subject to alteration, if fluctuation of rates of exchange or other unforeseen events should make it necessary.
16.
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.
17. Payment will be made strictly net on or before the due date as stated on the invoice.
18. 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.
19. The Contract shall be interpreted in accordance with the Laws of England.
(1st November 2011)
