Terms & Conditions
Business Terms and Conditions
Definitions
SELLER
The seller is Morris James trading as Morris's Mini Motors at:br /> Unit 13 Link Business Park
Malvern
WR14 1UQ
and is hereinafter referred to as "Morris's Mini Motors" but in every instance the SELLER is Morris James in person.
BUYER
Anyone buying goods or services from Morris's Mini Motors and hereinafter referred to as "the buyer"
The following terms and conditions apply to all sales.
1 General
1.1 These terms and conditions apply to all offers, quotations and sales of goods and/or services by Morris’s Mini Motors to any buyer. Where Morris’s Mini Motors and the buyer have entered a separate agreement then these terms and conditions will apply to that agreement to the extent that they are not inconsistent with that agreement.
1.2 Any agreement between Morris’s Mini Motors and the buyer shall be binding only if and to the extent that an individual order is expressly accepted by Morris’s Mini Motors in writing. Morris’s Mini Motors shall have full discretion in accepting or rejecting any order.
1.3 Except as set forth in Condition 1.1above, these Terms and Conditions shall be exclusive of and prevail over all other terms and conditions, written or oral, implied by trade custom or course of dealing, wherever appearing or however introduced unless expressly otherwise agreed by Morris’s Mini Motors in writing. All other terms or conditions are expressly rejected by Morris’s Mini Motors. The buyer agrees to be bound by these Terms and Conditions whether or not expressly so stated in any order, confirmation or otherwise
1.4 The buyer may not without Morris’s Mini Motors’s prior written consent assign all or any of its rights under any contract incorporating these conditions.
2 Quotations
No quotation given by Morris' Mini Motors either verbally or in writing shall constitute an offer.
3 Specification
3.1 Goods are supplied in accordance with the relevant manufacturer’s standard specifications but Morris’s Mini Motors reserves the right for it and/or manufacturers to make such improvements and modifications in such specifications without prior notice as it and/or they consider desirable in the circumstances and without any further liability to the buyer, without obligation to modify or change any goods previously delivered or to supply new goods in accordance with earlier specifications, unless Morris’s Mini Motors agrees otherwise in writing and subject always to the buyer paying any additional charges that may be payable therefore.
3.2 If Morris’s Mini Motors or its suppliers wish to make any improvements or modifications to any goods to be supplied to the buyer under a previous agreement that would affect form, fit or function, Morris’s Mini Motors shall not implement such improvement or modification without the prior agreement of the buyer.
3.3 If the buyer wishes to change the specification of any goods to be supplied by Morris’s Mini Motors then Morris’s Mini Motors shall not be obliged to agree to such change. If Morris’s Mini Motors does agree to any proposed change requested by the buyer then Morris’s Mini Motors shall be entitled to adjust the price, delivery and warranty accordingly.
3.4 All technical information and particulars of goods and performance given by Morris’s Mini Motors are given as accurately as possible but are not to be treated as binding or as forming part of any contract with the buyer unless specifically confirmed or agreed by Morris’s Mini Motors in writing.
4 Packing
The specification for packaging the goods shall be entirely at the discretion of Morris’s Mini Motors who shall have the right to pack all goods in such manner, with such materials, and in such quantities as Morris’s Mini Motors thinks appropriate for the safe transport of the goods, and who shall not be obliged to comply with any packaging instructions or requests from the buyer. The cost of special packaging, if agreed or deemed necessary by Morris’s Mini Motors shall be an additional charge.
5 Price
5.1 Unless otherwise accepted by Morris’s Mini Motors in writing the price of the goods shall be the relevant price in Morris’s Mini Motor’s current price lists at the date of purchase or pre-order as displayed on the website.
5.2 Prices are subject to alteration by Morris’s Mini Motors at any time. The price applied to each transaction shall be that displayed on the website at the time of the transaction
5.3 In the case of pre-ordered goods that are purchased by Morris’s Mini Motors in a currency other than pounds sterling (GBP), final pricing is subject to fluctuation in foreign exchange rates and will be agreed between Morris’s Mini Motors and the buyer before completion of the sale. Once pricing has been agreed and Morris’s Mini Motors has ordered the goods, the buyer may then only cancel its order in accordance with Condition 17.
5.4 The buyer shall bear the cost of any applicable sales, value added, excise, or similar tax in relation to the goods unless the buyer provides Morris’s Mini Motors with a tax exemption certificate or licence acceptable to the taxing authorities before shipment. Prices are exclusive of VAT and other taxes, and ex-works (see below).
6 Pre-orders
In the case of pre-orders where a manufacturer RRP isn’t available at the time of order, Morris’s Mini Motors will communicate final pricing to the buyer at the earliest possible opportunity. The buyer may cancel a pre-order provided it does so in accordance with Condition 17.
7 Delivery
7.1 All UK orders are supplied free of the cost of packing and carriage to the buyer’s nominated address in mainland United Kingdom by Morris’s Mini Motors’s standard method of transportation. All orders from buyers for delivery outside mainland United Kingdom or other than by Morris’s Mini Motors’s normal method of transportation are subject to carriage charges set put in this website. Whilst Morris’s Mini Motors will use reasonable endeavours to keep to any agreed delivery date, it accepts no liability whatsoever for any loss or damage resulting from delay however caused nor shall late delivery or non-delivery be a basis for cancellation of any order by the buyer. Morris’s Mini Motors may make part deliveries. No partial delivery shall affect the buyer’s obligation to pay for any other part of the order.
7.2 The goods shall be at the buyer’s risk from the time of delivery. The buyer and/or any person taking possession of the goods on their behalf shall be responsible to inspect the conditions and quantity of the goods, upon collection/delivery. Goods shall be signed for on receipt. The acceptance of the goods at the delivery point shall be deemed to be a confirmation of the condition of the goods and of the buyer’s acceptance of the goods at such condition. Any alleged discrepancy in delivery must be notified to Morris’s Mini Motors in writing within 24 hours of receipt of the goods. If the buyer fails to bring any such discrepancy to the attention of Morris’s Mini Motors in writing within such period, the buyer’s rights in respect thereof shall be deemed to have been waived.
8 Payment
8.1 Unless otherwise agreed in writing, all payments by the buyer for the goods and/or services shall be made to Morris’s Mini Motors in advance by credit card or electronic bank transfer. Without prejudice to Morris’s Mini Motors’s other rights and remedies including the right in any event to sue for the price whether or not the property in the goods has been passed, interest at the rate of 2% per month may be charged on the amount of any overdue account from the due date until the date of final settlement.
8.2 For approved account buyers, full payment is due within one calendar month from the date of Morris’s Mini Motors’s invoice.
8.3 Value Added Tax is charged on UK and EU sales at the prevailing rate on the value of the invoice. VAT will not be charged to VAT registered non-UK EU companies who provide their VAT registration number at the point of sale.
8.4 Morris’s Mini Motors reserve the right to suspend deliveries if any prior invoice is outside the agreed terms, and will charge interest on overdue amounts from the due date until the date payment is received, both before and after any judgment, at a rate of 2% per month.
9 Risk
The risk of loss or damage to the goods shall pass to the buyer upon delivery of the goods at the buyer’s home address or authorised trading premises specified in the order by the buyer or to a carrier on the buyer’s behalf whereupon the buyer shall be responsible for obtaining and paying for appropriate insurance. The buyer accepts that in signing for delivery of goods from Morris’s Mini Motors that they have checked that all items ordered are present and correct. Morris’s Mini Motors shall have no liability for presence and/or condition of goods once the buyer or the buyer’s representative has signed for delivery.
10 Property in Goods
10.1 Morris’s Mini Motors shall retain title to the goods until it has received payment in full of all sums due and/or owing in connection with the supply of all goods and services to the buyer at any time. For these purposes Morris’s Mini Motors has only received payment when irrevocably credited to its bank account.
10.2 If any goods owned by Morris’s Mini Motors are attached to, mixed with, or incorporated into other goods not owned by Morris’s Mini Motors, and are not identifiable or separable from the resulting composite or mixed goods, title to the resulting composite or mixed goods shall vest in Morris’s Mini Motors and shall be retained by Morris’s Mini Motors for as long as and on the same terms on which it would have retained title to the goods in question.
11 Claims
Any complaints against Morris’s Mini Motors (other than those referred to in Condition 6) must be made within one month of the date upon which the buyer became aware or ought to have become aware of the circumstances giving rise to the complaint. All complaints not so filed are waived.
12 Warranty and Limitations of Liability
12.1 CONDITIONS APPLICABLE TO ALL GOODS AND SERVICES
Conditions 12.2 to 12.6 (inclusive) apply to all goods sold or supplied and all services provided by Morris’s Mini Motors.
12.2 Morris’s Mini Motors warrants that goods sold hereunder shall be free of defects in materials and workmanship and will conform to any agreed specification(s) at the time of delivery and for such period thereafter, if any, as notified by Morris’s Mini Motors to the buyer in writing. If the buyer alleges that the goods were defective at the time of delivery to the buyer, the buyer shall forthwith notify Morris’s Mini Motors in writing of the alleged defects and shall, at Morris’s Mini Motors’s option, return the goods and packing at its own expense to Morris’s Mini Motors or, or where so directed, hold the goods and packing for inspection by Morris’s Mini Motors. If the goods are proved to have been defective at the time of delivery Morris’s Mini Motors undertakes to arrange for the repair or replacement of such defective goods free of charge.
12.3 This Condition 12 sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of:
12.3.1 any breach of these Terms and Conditions however arising;
12.3.2 any use made or resale of the products or services by the buyer; and
12.3.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions.
12.4 Nothing in these Terms and Conditions shall limit or exclude the liability of either party for;
12.4.1 death or personal injury resulting from negligence; or
12.4.2 fraud or fraudulent misrepresentation; or
12.4.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
12.4.4 breach of section 2 of the Consumer Protection Act 1987.
12.5 Without prejudice to Condition 12.4, neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
12.5.1 loss of profit; or
12.5.2 loss of goodwill; or
12.5.3 loss of business; or
12.5.4 loss of business opportunity; or
12.5.5 loss of anticipated saving; or
12.5.6 loss or corruption of data or information; or
12.5.7 special, indirect or consequential damage
suffered by the other party that arises under or in connection with these Terms and Conditions.
12.6 Without prejudice to Conditions 12.4 or 12.5, Morris’s Mini Motors 's total liability arising under or in connection with these Terms and Conditions, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the total value (excluding VAT and delivery) of the goods or services being purchased by the buyer.
13 Confidential Information
13.1 The buyer shall not, without Morris’s Mini Motors’s written consent, disclose to any third party any secret or confidential information supplied by Morris’s Mini Motors to the buyer. For the purposes of this condition 13, any quotation, render, offer or similar document and all contents thereof and all items referred to therein shall be deemed to be confidential.
13.2 The buyer shall not copy or reproduce drawings, specifications, or other written material supplied by Morris’s Mini Motors in connection with the goods or any of the goods themselves or any part thereof.
13.3 The buyer shall indemnify Morris’s Mini Motors against any and all costs, claims, expenses, demands, losses or liabilities, which Morris’s Mini Motors may suffer or incur as a result, whether direct or indirect of any breach of this Condition 13.
14 Compliance with Laws
The buyer expressly agrees that it will not export or permit export of any Morris’s Mini Motors goods, or use or permit the use of any Morris’s Mini Motors goods, other than in accordance with all applicable laws (including complying with and obtaining appropriate permits in accordance with all applicable export and custom laws).
15 Force Majeure
Morris’s Mini Motors shall, without prejudice to any other provisions hereof, be entitled to cancel or rescind any contract and shall not be liable for any loss or damage if its ability to perform its obligations under the contract is in any way adversely affected for any reason whatsoever not within Morris’s Mini Motors’s control, or by commercial unfeasibility including the failure by Morris’s Mini Motors’s suppliers to fulfil their obligations, the denial or cancellation of necessary permits or licenses or substantial increases in the costs of performance.
16 Buyer’s Default
Should the buyer make default in any payment or otherwise be in breach of its obligations to Morris’s Mini Motors under these Terms and Conditions or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver, administrator or manager to be appointed over all or part of its assets or take or suffer any similar action in consequence of debt, Morris’s Mini Motors may, without prejudice to any other rights, cancel any undelivered or uncompleted portion of the order and stop any goods in transit.
17 Cancellation of Orders
17.1 No cancellation of any order by the buyer shall be accepted by Morris’s Mini Motors unless:
17.1.1 the cancellation is received by Morris’s Mini Motors in writing; and
17.1.2 Morris’s Mini Motors accepts the cancellation in writing and is paid by the buyer (a) the sales value to Morris’s Mini Motors of that part of the goods completed and work done in connection with the order; (b) the sales value of any items or materials bought by Morris’s Mini Motors which cannot reasonably be used elsewhere by Morris’s Mini Motors and (c) any other costs and liabilities which Morris’s Mini Motors incurs by reason of the buyer’s cancellation.
17.2 Any extra cost or liability incurred by Morris’s Mini Motors due to suspension of work or of deliveries or lack of or mistaken instructions from the buyer or to any interruptions or delays attributable to the buyer shall be added to the price of the goods and/or services and paid for by the buyer.
17.3 Goods supplied in accordance with the buyer’s order cannot be accepted for return without the advanced written consent of Morris’s Mini Motors. This must be obtained by contacting us by telephone or e-mail and is subject to the following conditions:
17.3.1 The buyer has changed their mind and wishes to cancel the order and return the goods in their original unopened and undamaged packaging within 14 days of the date of our invoice. Shipping charges are not refundable. Our original shipping charges will be deducted from the total refund. The buyer is responsible for returning the goods Morris’s Mini Motors and any refund will not be given until the goods have been checked by Morris’s Mini Motors on receipt.
17.3.2 If the buyer believes their goods to be faulty and wishes to return them complete, undamaged and with their original packaging for a full refund this must be done within 14 days of the date of our invoice. The buyer is responsible for returning the goods to Morris’s Mini Motors. A refund will not be given until the goods are confirmed to be faulty by a Morris’s Mini Motors technician. Additionally, Morris’s Mini Motors will confirm that the goods are complete and in their original and undamaged packaging. In all cases, Morris’s Mini Motors will do their utmost to complete the checks within 1 working day of receipt of the goods at Morris’s Mini Motors premises.
17.3.3 The buyer believes their goods to be faulty and wishes to return them for repair/replacement under the manufacturer’s warranty. The buyer is responsible for returning the goods to Morris’s Mini Motors. Once the goods have been received, a Morris’s Mini Motors technician will confirm the fault and where the goods are confirmed to be faulty, a repaired or replacement product (in accordance with the manufacturer’s warranty conditions) will be sent to the customer by courier service. We reserve the right to charge for the shipping charges incurred during the return of the goods to the customer. If the goods are not found to be faulty, all return delivery charges will be the responsibility of the customer.
17.4 Returned goods must be unused, undamaged and complete with all original and undamaged packaging and then packed in an additional outer box or covering to ensure that the product and its original packaging are returned without damage. Returned goods must be of current design and must be sent carriage paid and at the buyer’s risk. Morris’s Mini Motors are unable to authorise the return of special order and non-stock items.
Please note that Morris’s Mini Motors accept no liability for loss or damage that may occur to goods being shipped to us and therefore we recommend that buyers undertake additional insurance with their chosen carrier as a precautionary measure. We can arrange collection return of goods; however the cost of this service will be borne by you.
18 Miscellaneous
18.1 All amounts due under these Terms and Conditions shall be paid by the buyer to Morris’s Mini Motors in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
18.2 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
18.3 If any dispute arises in connection with these Terms and Conditions, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (ADR notice) to the other party to the dispute requesting mediation. A copy of the request should be sent to CEDR. No party may commence any arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
18.4 Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this Condition.
18.4.1 The number of arbitrators shall be one.
18.4.2 The seat, or legal place, of arbitration shall be Birmingham.
18.4.3 The language to be used in the arbitral proceedings shall be English.
18.4.4 The governing law of the contract shall be the substantive law of England & Wales.
19 Personal data
19.1 We will use the personal information you provide to us to:
19.1.1 provide the goods and/or services ordered;
19.1.2 process your payment for such goods and/or services; and
19.1.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
19.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
19.3 We will not give your personal data to any other third party.
19.4 Our website may also use a website recording service which may record mouse clicks, mouse movements, page scrolling and any text keyed into website forms. Data collected by this service is used to improve our website usability. The information collected is stored and is used for aggregated and statistical reporting, and is not shared with anybody else.
