TERMS AND CONDITIONS OF SALE

1. Terms and Conditions

All orders accepted by us (Morris and Son (Leeds) Limited) and all quotations accepted by you (the Purchaser) are subject to the following terms and conditions. These shall prevail over any other terms or conditions which you may seek to introduce, unless otherwise expressly agreed in writing by our director. We (Morris and Son (Leeds) Limited) reserve the right to alter these terms and conditions of sale at any time.

2. Payment
3. Payment shall be due 30 days from the point at which risk passes to the customer. At this point, any stock is considered delivered.
4. All payments, which are not received when payable, will be considered overdue. In such a case, we shall be entitled to charge interest at the rate of 5% plus the Bank of England base rate per annum from the time when such becomes due for payment, until the balance is cleared.
5. We reserve the right to withdraw credit facilities and suspend or cancel deliveries if circumstances arise which in our view oblige us to do so.
6. The purchaser is responsible for any bank charges that may be incurred with any transaction.
7. Delivery
8. Any date provided by us for the delivery of any goods is only provisional and we shall not be liable for any delay in delivery however it may be caused.
9. We will only deliver goods outside of our premises when the order is above £1500.00 (excluding VAT) and delivery is within mainland UK.

4. Claims

1. All shortage and/or damage claims must be made within a 48-hour period upon receipt of the goods
2. Upon notification we will aim to replace or deliver the balance that is missing providing the notification is made within the period above.
3. Following notice, reasonable time should be given to examine the relevant goods.
4. Should damage occur during the delivery process (in transit) written notice must be with us in 48-hours to ensure disputes are rectified in a timely manner

5. Risk

Risk of damage to, or loss of goods supplied will pass to you upon receipt of them at your warehouse.

6.Retention of Title

• Title to any goods supplied shall not be passed until (Morris and Son (Leeds) Limited) receives full payment for:
  1. the goods as agreed;
  2. any other payment which may still be outstanding to (Morris and Son (Leeds) Limited)
• Until title to any goods has transferred, you should:
  1. Separately store goods from other goods you currently hold so that they remain easily identifiable as the property of Morris and Son (Leeds) Limited;
  2. not deface, obscure or remove any identifying mark or packaging on or relating to those goods;
  3. maintain all supplied goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery
  4. notify Morris and Son (Leeds) Limited immediately should you become subject to any of the events listed in Clause 7 (and you shall also inform any administrative receiver or similar who may be appointed with respect to any of your assets that those goods belong to Morris and Son (Leeds) Limited and are not assets belonging to you)

• If before title to any goods passes to you, you are subject to any events listed in Clause 7, or Morris and Son (Leeds) Limited has reasonable grounds to believe that you will be unable to pay in a timely manner, without limiting any other right Morris and Son (Leeds) Limited may have (and regardless of whether you have notified (Morris and Son (Leeds) Limited) of the occurrence of the event in question):

1. your right to resell and possess any goods in which title has not yet passed to you shall immediately cease; and
2. You shall promptly deliver those goods to Morris and Son (Leeds) Limited on demand. Failing to do so (or in any event should Morris and Son (Leeds) Limited so elect) you shall permit (Morris and Son (Leeds) Limited) to recover those goods in accordance with its rights under Clause 6.4
   • You shall grant Morris and Son (Leeds) Limited or its appointed representatives access to any premises where goods in respect of which title has not passed to you may be stored (or in the case of any premises not under your direct control, you shall ensure that such access is granted for Morris and Son (Leeds) Limited or its appointed representatives) for the purposes of inspecting those goods and verifying your compliance with this Clause 7 and/or where your right of possession of those goods has concluded, for the purposes of recovering the goods.

• Notwithstanding the date of signature or other acceptance of these terms and conditions, these terms and conditions shall apply with effect to all future supplies of product by Morris and Son (Leeds) Limited

7. Insolvency

If:

1. you become bankrupt; or
2. you make any voluntary arrangement with your creditors; or
3. you become subject to an administration order or go into liquidation (otherwise than for the purposes of a solvent amalgamation or reconstruction); or
4. an administrator is appointed of any of your property or assets; or
5. e) You cease or threaten to cease to carry on business; or we reasonably apprehend that any of the above events is about to occur and we notify you accordingly; then

as well as having any other remedies we shall be entitled to cancel any existing orders for goods placed by you and suspend any future deliveries of goods placed by you or suspend any further been delivered to you and not paid for the price shall become immediately due and payable.

8. Force Majeure
9. a) In no event shall Morris & Son (Leeds) Limited be liable for any failure to perform which is due to force majeure.

As used here the term "force majeure” means any event beyond the reasonable control of us including but not limited to flood, earthquake, fire, explosion, inclement weather or unforeseeable natural occurrence or accident; strikes, lock-outs, work-to-rule, or other labour disputes; war, civil

Acts of violence, unrest, or vandalism; any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency, civil or military authority; delay, cancellation or disruption of travel arrangements; illness or injury to personnel; any pre-emption, failure, degradation or severance of any facility or equipment that we have procured for the provision of business.

1. b) If our performance of any of our obligations hereunder is prevented, restricted or interfered with by reason of force majeure as defined above, then we, upon giving notice to you, as is reasonably possible, shall be excused from such performance to the extent of such prevention, restriction, or interference and shall, if possible, continue performance hereunder whenever such causes are removed.

Il. General

1. Under these conditions any notice must be in writing, addressed to the other party at its registered place of business.
2. No waiver by us of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
3. These Conditions and the Contract shall be construed according to English Law and the parties hereto submit to the nonexclusive jurisdiction of the Courts of England and Wales.

By placing an order, the purchaser acknowledges to have received and understood the contents of these Terms and Conditions