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General Terms & Conditions

Terms & Conditions of Sale

We will keep and use your information for as long as you are registered on the current Web site. You can choose to cancel your registration. Doing this does not erase your information from our database. Your information is then stored for two reasons: 1) to ensure that any orders you have placed can be processed to completion and 2) so that we can contact you in emergencies, such as if there is an urgent product recall. Otherwise, your information will not be accessed again and it will remain secure.

If you cancel your registration you will no longer be able to place orders online or access the registered areas of the site. Any orders you have placed will be processed as normal. You cannot open a new registration using the same e-mail address as a previously closed account.

A 'Cookie' is a file in your web browser that enables us to recognise your computer when you visit the site. The tool is used by many Web sites to help collect information, such as how many people visit and return to the site, what products are being bought, and to make certain parts of the site function properly. If you have "disabled" the cookies file in your browser, you may experience technical problems with some parts of the site.

In the future, we may use cookies to personalise our Web site, but we will let you know when that happens.

1.Unless otherwise specified, the materials on this Web site are directed solely at companies that access this Web site from the United Kingdom and Europe. Somerville & Morrison Ltd Ltd makes no representation that any product referred to in the materials on this Web site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

2.Any contract between us, whether for use of the site or in relation to the purchase of products or services through the site will be governed by the laws of Scotland and both parties, (you and Somerville & Morrison Ltd Ltd), submit to the non-exclusive jurisdiction of the Scottish Courts.

3.Somerville & Morrison Ltd Ltd has taken every care in the preparation of the content of this Web site, however we cannot guarantee uninterrupted and totally reliable access to this Web site, and so therefore can not guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, Somerville & Morrison Ltd Ltd disclaims all warranties; express or implied, as to the accuracy of the information contained in any of the materials on this Web site and will accept no liability for any loss or damage arising as a result of problems with access.

4.Somerville & Morrison Ltd Ltd shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this Web site.

5.Certain (hypertext) links in this site may lead to other Web sites, which are not under the control of Somerville & Morrison Ltd Ltd. When you activate any of these you will leave the Web site and Somerville & Morrison Ltd Ltd has no control over and will accept no responsibility or liability for the material on any Web site which is not under the control of Somerville & Morrison Ltd Ltd.

6.We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.

7.These terms and conditions shall be governed by and construed in accordance with Scottish Law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

8.Somerville & Morrison Ltd Ltd reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this Web site.

Trademarks

All brand names, product and service names and titles and copyrights used in this site are trademarks, trade names, service marks or copyrights of their respective holders. No permission is given by Somerville & Morrison Ltd Ltd for their use by any person other than such holders and such use may constitute an infringement of the holders' rights.

Copyright

All designs, text, graphics and their selection and arrangement on this Web site are the copyright of Somerville & Morrison Ltd or its content providers. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials on this site without Somerville & Morrison Ltd Ltd's prior written consent is strictly prohibited.

Properly Registered companies may order from this web site. Below are Somerville & Morrison Ltd normal trading terms and conditions.

1. In these conditions 'the Seller' means Somerville & Morrison Ltd.

2. Quotations:

(a) Any order resulting from a quotation or the submission of a current price list will be subject to these conditions. Any variation of these conditions in any document of the Buyer is inapplicable unless accepted in writing by the Seller. (b) A quotation not accepted in writing by the Buyer within 28 days of the date thereof shall be deemed to have been withdrawn unless otherwise stated. If the Seller shall inform the Buyer that the goods in question are not available within 10 days of receipt of the order all obligations of the Buyer and Seller shall thereby cease.

3. Prices: Quoted prices are subject to revision between date of acceptance of order and completion of order in the event of the Seller's costs being increased except through any happening or event within the Seller's direct control.

4. Delivery:

(a) All dates quoted for delivery are approximate and the Seller shall be under no liability for failure to deliver on the quoted date.
(b) The Seller shall be under no legal liability for failure to deliver or complete an order if such failure is caused by a strike, lock-out, breakdown, Government decrees, fire, unavailability of materials, act of God or by any other contingency beyond the control of the Seller.
(c) If the Buyer requests and is granted a delay in delivery, all goods which are the subject of the order shall be paid for by the Buyer forthwith who shall also pay to the Seller their storage charges in respect of the goods sold but not delivered.

5. Payment:

(a) Payment for goods shall be made in full accordance with the stated terms, which are 30 days Nett from invoice date unless otherwise agreed in writing. (b) In the case of orders involving more that one delivery, payment shall be made within the specified period after receipt of goods forming each delivery. (c) If any payment is not made on the due date, without prejudice to any other remedy (including a right to damage) or to Condition 6 hereof:

(i) interest may be charged at the rate of 1% per month from the date of the invoice on the balance outstanding, part of a month being treated as a whole month.
(ii) the Seller reserves the right to cancel deliveries under the same order.

6. Ownership and Risk:

(a) The risk in the goods passes to the Buyer upon delivery ex-works and the Buyer shall insure the goods from such time against fire, water damage, theft and other usual risks at the full invoice price thereof to the Buyer but legal and beneficial ownership shall remain with the Seller until full payment has been received (each order being deemed to be a complete and separate contract) or until prior re-sale in which case the Seller's beneficial entitlement shall attach to the proceeds of resale on to the claim for such proceeds or until prior destruction or loss through an insured risk in which case the Seller's beneficial entitlement shall attach to the first proceeds of the insurance policy to the extent of the full invoice price of the goods. The Buyer shall join with the Seller in any claim against an ultimate buyer. On a re-sale the Buyer shall not give any warranties in respect of the goods other than those which the Seller shall have given to the Buyer. Pending payment in full the Seller may

(i) without prejudice to the fact that risk passes to the Buyer on delivery ex-works or to the Buyer's obligation to insure, insure the goods against five, water damage, theft and other usual risks and invoice the cost thereof to the Buyer and
(ii) enter any premises of the Buyer with or without notice and recover possession of the goods and re-sell the same at any price.

(b) The Seller shall be entitled to sue for the price of the goods supplied upon delivery of such goods in addition to all other remedies open to the Seller under the contract notwithstanding that the property in such goods has not passed to the Buyer.

7. Defects and Claims:

(a) Any shortage or excess of the goods of any delivery of goods of the incorrect description must be notified to the seller within three days of delivery and if not so notified any shortage, excess or incorrect goods shall be deemed to have been accepted by the Buyer and paid for accordingly. No complaint will be entertained unless the Seller shall first have had a reasonable opportunity of examining the goods in question.
(b) If the Buyer shall have notified the Seller as in 7(a) the Seller shall be afforded a reasonable opportunity to replace incorrect goods or to make up any shortage (replacement to be within such period of the notification as equals the delivery period estimated for the original goods). If the Seller shall not replace incorrect goods or make up any shortage the Buyer shall be given full credit for the cost as quoted of the goods not delivered but shall have no other remedy. In such event the Buyer shall be obliged to accept delivery of the remainder of the goods unless in the Seller's quotation quantity is described as of the essence.
(c) Goods supplied by the Seller and which are defective by reason solely of defective materials or workmanship shall, if the defect is notified to the seller as soon as practicable upon detection, and in any event within one month from delivery, be repaired or replaced at the Seller's option provided that, if required by the Seller, the goods are returned within 14 days of discovery of the defect. If the Seller does not repair or replace such defective goods the Buyer shall be given full credit for the cost of the same as quoted and shall have no other remedy and shall be obliged to accept delivery of the remainder of the goods.
(d) In assessing whether there is any defect shortage or excess of the goods the following shall apply:

(i) No responsibility is accepted for minor deviations in colour or finish. Minor defects, effects in quality and dimensions shall at the Seller's option either be repaired within four weeks of their being notified thereof or shall be the subject of a price adjustment, and shall not entitle the buyer to reject the goods or cancel the remainder of a contract order.
(ii) Unless otherwise particularly stated, all tolerances will be those permitted by the various Trade Associations dealing with the particular materials sold or those permitted or accepted by custom and practice.
(iii) Quotations in respect of items which are specially manufactured to the Buyer's own specification as regards size and quality are subject to written confirmation by the Seller on receipt of order. Such orders will be deemed to have been executed if an amount within 10% of the ordered quantity shall have been delivered.

8.

(a) Save as aforesaid all express and implied conditions, representations and warranties as to quality or fitness for purpose of the goods are hereby expressly excluded and the Seller accepts no liability under any other claim for expenditure or repair or for any consequential or other loss of any kind.
(b) The uses to which the packaging materials supplied are put by the Buyer and the handling of goods so packed being outside the Seller's control, the Seller accepts no responsibility for any damage caused to the goods of the Buyer or the Buyer's customer during packing and/or transit.

9. Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or that quoted for or previously supplied the Seller does not guarantee this.

10. General:

The Seller shall have the option to determine the sale agreement forthwith on the Buyer becoming insolvent or ceasing or threatening to cease its business or suffering an execution to be levied on any of its goods or a Receiver to be appointed over any of its assets or on the Buyer passing a resolution to wind itself up. Such option may be exercised in writing or orally but shall if exercised be effective at the moment of the event giving rise to the entitlement to exercise it.

11. The Seller shall have the sole right to appropriate any payment by the Buyer under this agreement or any other agreement between them either to all or some of the goods or services and or to all or some of any goods or services the subject of another or other agreement(s) between the Seller and the Buyer.

12.

(a) These conditions and the contract shall be subject to and construed in accordance with the Scottish Law.
(b) In the case of a dispute arising any court hearings will be held close to the Seller's operating office.