Our terms and conditions

Please read our terms and conditions of business carefully.

1. Morgan Farm Machinery Ltd (hereinafter called “the Company”) undertakes business on these terms and conditions; unless expressly excluded these terms and conditions shall be deemed to be incorporated into any contract between “the Company” and any other person (referred to hereinafter as “the Customer”).

2. These conditions shall relate to the supply of any goods or any other part or parts thereof or any other items of any other sort for the time being supplied by the Company or shall relate to work done or repairs done by the Company to property belonging to or in the control of the Customer and in these terms shall be referred to respectively as “the goods” or “the work”.

3. Pamphlets, brochures and like documents, and the content of this website published and/or supplied by the Company are intended to give information to the Customer in good faith. Unless expressly confirmed in writing by the Company no statement in such a document shall bind the Company or become part of any subject.

The Company shall be under no liability whatsoever arising from such statement if not expressly confirmed in writing neither shall the Company be under any liability whatsoever arising from any representation statement or report made by any servant or agent of the Company unless made in writing and signed by the Company.

4. A quotation or estimate by the Company is a statement of opinion and is neither an offer to the Customer nor binding on the Company in any way whatsoever (unless agreed otherwise in writing by the Company).

5. (i) All goods shall be invoiced to the Customer at the price prevailing at the date of delivery.

(ii) If after the date of any contract for the sale or supply of goods or work the Company cannot obtain such goods or do such work to the original specification the Company shall be entitled to supply goods or do work to the altered specification and the Customer shall accept delivery thereof. Further if in event the goods altered specification required modification or further work to fit them for the purposes required by the Customer the Customer shall pay a reasonable price for such modification or further work.

6. (i) The Company will endeavour to complete the contract or deliver the goods within the time stated on any order but in no circumstances will it be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay. If by reason of force majeure the completion of the contract or the delivery of the goods is in the Company’s opinion rendered impractical the Company shall be at liberty to terminate the contract by sending by ordinary post to the Customer a notice in writing to that effect thereupon the Customer will pay to the Company such sums as will together with any sums paid previously bear the same proportion to the contract price as the goods already delivered.

(ii) All orders will be despatched from the Company’s premises at the Customer’s risk and expense and goods shall be deemed to have been delivered when the Company appropriate goods to the Customer’s order or deliver them into possession of a carrier.

(iii) Any claim for damages arising before the risk has passed to the Customer or in respect of short falls in delivery will only be considered by the Company if they and the carrier are advised in writing within 3 days of delivery and in respect of any claim for non-delivery within 10 days of the anticipated date of receipt (which date shall be calculated with reference to the original date of despatch making allowance for a reasonable period delivery).

7. If the Customer fails to take delivery of the goods or work the Company shall be entitled to: a) a reasonable storage charge after 2 days have elapsed after the Customer should have taken delivery (such storage being at the Customer’s risk); and b) sell the goods after giving 2 weeks’ written notice to the Customer at his last known address and to deduct from the proceeds of any sale any amounts due.

8. The Company shall be under no liability whatsoever for any failure to carry out its obligations if such failure is due to a) an inability of the Company to obtain any goods or b)any cause whatsoever outside the Company’s control.

9. The Company will assist the Customer to obtain the benefit of any guarantee or warranty applied by the manufacturer or supplier of the goods but the Company shall be under no liability whatsoever to the Customer under or in connection with such guarantee or warranty.

10. Nothing in these terms and conditions shall exclude or modify the Customer’s rights under sections 13, 14 and 15 of the Sale of Goods Act 1979. Except as aforesaid all conditions and warranties expressed or implied whether by statute or otherwise are hereby excluded and except as aforesaid the Company shall be under no liability or any representation made to any Customer and the Company its servants and agents shall be under no liability whatsoever to any Customer for any loss or damage whatsoever and howsoever arising.

11. (i) The property in the goods to be delivered by the Company will be transferred to the customer when he has paid all that is owing to the Company. Until the date of payment the Customer shall keep the goods in such a way that they are clearly the property of the Company and keep and maintain them in good condition for the benefit of the Company.

(ii) If any of the goods are incorporated in or used as materials for other goods before payment of all that is owing to the Company the property in the whole of such other goods shall be vested in the Company and Customer shall hold all such other goods as trustee for the Company.

(iii) Notwithstanding that the property in the goods shall not pass to the Customer until he has paid all that is owing under this contract the goods shall be at risk of the Customer as aforesaid.

(iv) In the event of the Customer selling the goods or such other goods as incorporate the goods before he has paid all that is owing to the company then the Customer shall hold all such monies he receives as trustee for the Company and shall apply the sum in discharge of the debts due from the Customer to the Company.

Morgan Farm Machinery Ltd | Terms and Conditions | updated April 2021