Terms and Conditions (ONLINE SALES ONLY)
Morgan Marine Limited
Terms and Conditions of Sale (ONLINE SALES ONLY)
1. In these conditions unless the context requires otherwise:
1.1. ‘Buyer’ means the business which buys or agrees to buy the goods from the Seller.
1.2. ‘Condition’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3. ‘Goods’ means the articles which the Buyer agrees to buy from the Seller
1.4. ‘Price’ means the price for the Goods in pounds sterling excluding carriage, packaging, insurance and VAT
1.5. ‘Seller’ means Morgan Marine Limited
2. Quotations given by the Seller are not offers capable of acceptance by the Buyer. All orders for goods shall be deemed to be an offer by the Buyer to purchase the goods pursuant to these Conditions. There shall be no binding contract until there has been written acceptance of the Buyer’s order or the goods have been manufactured and dispatched by the Seller to the Buyer. Such order shall only take effect on the basis that these Conditions are accepted by the Buyer and shall override any terms or conditions stipulated, incorporated or referred to by the Buyer in the order or in any negotiations..
3. Delivery and installation prices are based on delivery during normal working hours of 0800 to 1800 Monday to Friday. Deliveries outside these periods will be available at additional cost, which can be advised upon request.
4. Payment in full of the Price and any VAT, packaging, insurance and carriage will be made by the Buyer to the Seller at the time of order by debit or credit card. The Seller taking payment from the Buyer’s credit or debit card does not constitute a binding contract (see clause 2 above but if the Buyer’s order is ultimately rejected by the Seller a full refund will follow subject to clause 5.2 ).
5. Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of any separate transactions. All delivery dates, whether agreed in writing or otherwise, are estimates only and, while the Seller shall endeavour to comply with any such date, time is not of the essence and the Seller shall not be responsible for any late delivery. Without prejudice to the generality of the foregoing, the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the control of the Seller.
5.1. All standard cabinets are usually shipped to the Buyer within 3 – 10 working days of the Seller accepting the Buyer’s order.
5.2. All non-standard cabinet shipping dates are to be agreed between the Seller and the Buyer. If it is not possible to agree a shipping date then the Buyer’s Order will be automatically cancelled and a 10% charge levied by the Seller.
6. All claims for damage to, or partial loss of Goods in transit, must be submitted in writing to both carrier and Seller within three days of delivery. In the case of non-delivery of the whole consignment, claims must be submitted in writing to both the carrier and the Seller within seven days of receipt by the Buyer (or the Buyer’s agent) of notification of dispatch of the Goods. In the absence of claims within the terms mentioned above, the goods shall be deemed to have been delivered in accordance with these Conditions.
7. The Seller may, without prejudice to its other rights and remedies, terminate the contract if either there shall be any breach by the Buyer of any term or condition hereunder or the financial responsibility of the Buyer shall, in the opinion of the Seller, become impaired or unsatisfactory.
8. Risk and Property
8.1. Risk of damage to or loss of the Goods shall pass to the Buyer
8.1.1. in case of Goods to be collected at the Seller’s premises at the time when the Seller notifies the Buyer that the Goods are available for collection; or
8.1.2. in case of Goods to be delivered otherwise than at the Seller’s premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods the time when the Seller has tendered of the Goods.
8.2. Notwithstanding delivery and the passing of the risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods to be sold by the seller to the Buyer for which payment is then due.
8.3. Until such time as the property 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 all others of the Buyer and third parties and properly stored, protected, insured and identified as the Seller’s property but shall be entitled to resell or use the Goods in the ordinary course of the Buyer’s business.
8.4. Until such time as the property in the Goods passes to the Buyer (and provided 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 to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
8.5. The Buyer shall not be entitled to pledge or in any way to charge by way of security for any indebtedness any Goods which remain the property of the Seller but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy to the Seller) forthwith become due and payable.
9. The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Buyer by or on behalf of the Seller in connection with these Conditions shall belong to the Seller absolutely and any such materials, documents or items shall be or remain the sole property of the Seller.
10. The Seller reserves the right to change the specification of the Goods without notice.
11. Warranties and Liability
11.1. Subject to the following provisions the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery.
11.2. The above warranty is given by the Seller subject to the following conditions:
11.2.1. the seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
11.2.2. the seller shall be under no liability in respect of any defect arising for fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval;
11.2.3. the Seller shall under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
11.2.4. the above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
11.3. Subject as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.4. A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
11.5. Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the Goods (or part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer.
11.6. Except in respect of death or personal injury caused by the seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
11.7. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, Act of God, explosion, flood, tempest, fire or accident;
11.7.1. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.7.2. acts, restrictions, regulations, bye-laws, prohibition or measures of any kind on the part of any governmental, parliamentary or local authority;
11.7.3. import or export regulations or embargoes;
11.7.4. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
11.7.5. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
11.7.6. Power failure or breakdown in machinery.
12. Specifications of concrete Base Enclosure
12.1. Toweled or smooth floated finish to an even surface with no ridges or steps and free from trowel marks and other blemishes and spot levels relative to site TBM should be accurate to +/- 5mm.
12.2. Position in plan and the diagonal check measurement at any point should be accurate to +/- 5mm.
12.3. The perimeter of the concrete base upon which the enclosure will be attached must be effectively sealed.
12.4. A stepped concrete base is recommended to prevent water ingress past the enclosure base flange. Morgan Marine Ltd cannot be held responsible for sealing the enclosure on a flat plinth.
13.1. The formation, existence, construction, performance, validity and all aspects of the general Terms and Conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English and Welsh Courts.