The owner of this website is Colin J Morrow & Sons (Fuels) - 49 Gravelhill Road - Maze - Lisburn - Co. Antrim - BT27 5RW - Tel: 028 9262 1741 The following Terms and Conditions of Trading are legally binding - please read these carefully and ensure you agree to them before placing or confirming an order.   1 Interpretation 1.1 "The Seller" means Colin J Morrow & Sons (Fuels)/or its licensees, successors, assignees, sub-contractors and authorised agents acting within the terms of their agency agreement; 1.2 "The Buyers" means any person or persons, firm or firms, company or companies, authority or authorities who shall order or buy the Goods or Services, or in succession a receiver, administrator, administrative receiver or judicial administrator; 1.3 "The Goods" means the goods and/or material supplied or sold by the seller to the buyer in accordance with the terms of any individual contract; 1.4 "The service" means any services provided by the seller in accordance with the terms of any individual contract; 1.5 "Order" means any order placed for the good or the services; 1.6 "The Contract" means the particular individual contract for the sale or supply of the good and/or services by the seller to the buyer; 1.7 "Point of Delivery" means the time specified in clause 6 in relation to any individual contract; 1.8 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted; 1.9 Reference to any clause is to a clause of these Conditions of sale; 1.10 "Conditions" means the terms and conditions of sale set out in this document together with any amendments from time to time made and notified in writing and any special additional terms expressly agreed in writing by the seller; 2 Application of Conditions 2.1 These conditions shall govern the contract to the exclusion of any terms or conditions, which the buyer purports to apply under any purchase order, confirmation of order, specification or other document and the Buyer waives any right which it might have to rely on such terms or conditions; 2.2 No variation to these conditions or any representation about the goods shall have effect unless expressly agreed in writing and signed by a duly authorised representative of the seller; 2.3 The seller is prepared to receive a buyers order by web site or telephone but will accept no responsibility whatsoever for any error or omission arising there from; 2.4 No order placed by the buyer shall be deemed to be accepted by the seller until an e-mail acknowledgement of order is issued by the seller or (if earlier) the seller delivers the goods to the buyer; 2.5 The buyer shall ensure that the terms of its and any applicable specification are complete and accurate; 2.6 Any quotation is given on the basis that no contract will come into existence until the seller has sent an acknowledgement of the order to the buyer by e-mail. 2.7 The health, safety and security of our employees, partners, customers and the general public and the protection of the environment are of paramount importance to Colin J Morrow & Sons (Fuels). 3 Prices 3.1 Unless otherwise agreed in writing by the seller the price of the goods shall be the price on any confirmation of order by the seller; 3.2 Save as expressly stated otherwise by the seller in writing, prices quoted for goods and services are Inclusive at VAT, which shall be due at the date ruling on the date of the seller's invoice; 3.3 Prices indicated in the seller's quotations, price lists and other advertising material shall not be binding on the seller; 3.4 In addition to the price of goods or services quoted, delivery charges may be imposed by the seller at the seller's discretion; 3.5 The seller reserves the right at any time to vary the price of any of the goods or the services. Prices in the market fluctuate on a daily basis and can be subject to change up to three times per day. The Buyer agrees to pay the Seller the price they are quoted at the point of order regardless of price variations between the time of order and time of delivery. 3.6 Should any delivered quantity be less than the specific quantity ordered, due to the Buyer’s tank reaching the maximum safe level, then the Seller will make an amendment to the order and the total price paid by the Buyer, as per the Pro-rata price per litre. The Seller reserves the right to make a one-off "short Delivery / returns to depot" charge of £50 in the event that the quantity delivered is less than 50% of the quantity ordered. In other words the Seller will only ever charge the Buyer the agreed price per litre. 3.7 All prices displayed on this website are in British Pounds £ and are subject to change on a daily basis, errors and omissions excepted. 4 Title 4.1 Until the buyer has paid in full for the goods including all VAT and delivery charges, the goods remain the sole and absolute property of the seller as legal and equitable owner; 4.2 In the event of delivery of the goods prior to the passing of the title in them, the buyer shall be in possession of the goods solely as bailee for the seller until such time as the title in them has passed pursuant to clause 4. 4.3 The Buyer shall insure to their full value and goods wherein the risk but not the title has passed to it and shall indemnify the seller for loss, damage to or destruction of any such goods and shall hold any insurance monies payable in respect of the goods in trust for the seller; 4.4 Until title to the Goods shall pass pursuant to clause 4.1; 4.4.1 The Buyer shall, at no cost to the seller, store and label the goods in such a manner that they shall at all times remain separate from other goods in the buyers possession and be readily identifiable as the seller's goods. 4.4.2 The Buyer shall be bound at the request of the Seller to deliver up the Goods to the Seller and for such purpose the Seller may at any time (and whether or not the Buyer shall be in default in making payment under contract) in its absolute discretion recover from the Buyer those goods being in the Buyer's possession and for the purpose of such recovery, the Seller's servants and agents may enter upon the land or building upon or in which the Goods are situated; 4.5 Notwithstanding any purported appropriation by the Buyer to the contrary, the Seller shall be entitled to appropriate payment or payments for goods made by the Buyer to the Seller to such Goods on account as it shall deem fit. 4.5.1 The provision of this Clause 4 shall apply not withstanding that the Goods shall have been added to or incorporated in any goods and that the process by which they have been added to or incorporated in the Buyer's goods is reversible. 4.5.2 The provisions of this Clause 4 shall apply notwithstanding that the Goods shall have been added to or incorporated in the goods of any third party, provided that the Goods remain identifiable as discrete goods and that the process by which they have been added to or incorporated in the third party's goods is reversible. 4.6 In the event that the Seller exercises its right of ownership so as to recover possession of the Goods or any part of them, the risk in the Goods retaken shall revert to the Seller on possession being retaken by the Seller, its servants or agents and the Seller shall have full and unencumbered right to dispose of the goods free of any rights whatsoever on the part of the buyer to the Goods or the proceeds of the sale thereof. 4.7 The Seller shall have a general lien against the Buyer of any goods of the Buyer for the time being in possession of the Seller for amounts overdue on any contract. If any lien is not satisfied within 3 months of aforesaid payment becoming overdue the Seller may sell such goods as agent for the buyer and apply the proceeds towards the monies due and the expenses of the sale and shall upon accounting to the buyer for the balance remaining (if any) be discharged form all liability whatsoever in respect of such goods. 4.8 If in breach of 4.4.1 the buyer commingles goods purchased from the seller for which payment has not been made, with identical goods of the seller, buyer or third party whether paid for or not, the seller it's servants and agents shall be at liberty, in the event that the said goods have not been paid for under the payment terms contained herein, to enter upon the land or buildings in which the goods are situated and recover possession of the goods from the identical commingled goods on a pro-rata basis without distinction as to pay or unpaid goods or ownership. 4.9 The buyer shall not be at liberty without the permission of the seller in writing to create or allow to be created any charge, lien or debenture over the goods until they have been paid for in full. If the buyer breaches this condition and the buyer is a limited company then such an act will constitute acceptance by the directors of the buyer that they jointly and severally accept personal liability for payment of the goods in full. 4.10 It is expressly stated that title to the goods will not pass to a receiver, administrator, administrative receiver or judicial administrator on their appointment without the written permission of the seller. 4.11 If the Seller inadvertently delivers a greater quantity to the Seller's tank than the quantity that was ordered, the Buyer will accept the Trading Standards approved meter printed delivery documentation as proof of the Quantity delivered and the Buyer will permit the Seller to recover the excess goods within 7 working days. 5 Payment 5.1 Payment from the Buyer to the Seller for all goods shall be made exclusively through the use of Credit / Debit card through the Seller's Website. 5.2 All payment details must be completed in advance of delivery, at the time of the order being placed. 5.3 The Buyer shall make no deduction from the invoice price of the Goods and/or Services on account of any set-offs or claims. 5.4 The Seller will not be held liable for any bank or financial institution charges incurred by the buyer as a result of credit/debit card usage in placing or attempting to place any order for goods or services with the seller. (This includes overdraft, overdrawn or any other authorised or unauthorised charges.) 5.5 The Seller shall be entitled to a general lien on all goods of the Buyer in the Seller's possession (including goods of the Buyers which have been paid for) for the unpaid price of all Goods and/or Services sold to the buyer by the Seller under this or any other contract. 5.6 The Seller shall be entitled to impose a charge if the Buyer's credit/direct debit tendered in payment for Goods and/or Services are dishonoured by the bank in the amount of £25.00 per credit/direct debit for each time it is dishonoured. 5.7 All Visa/MasterCard transactions will incur an additional 1% charge. Switch or Debit cards will not incur an additional charge. 6 Delivery 6.1 Delivery of the Goods shall take place by the Seller delivering or arranging delivery of the Goods to the Buyer's premises. We will aim to deliver your order within a maxium of 5 working days 6.2 If delivery is to be effected by the Seller delivering the goods to the Buyer's premises, the delivery shall be made by the Seller's on-road tanker. The Buyer shall provide and promptly indicate to the Seller's driver a sound, proper and safe route for the passage and manoeuvring of the Seller's vehicle between the public roadway and the actual point of unloading. The Buyer hereby indemnifies the Seller and the Seller's driver against any damages, losses, proceedings, claims, costs or expenses whatsoever (including any damage to the surface or structure of the route from any failure by the Buyer to provide a sound, proper and safe route as aforesaid,) condition. 6.3 The Buyer shall, prior to the Seller's vehicle leaving the Seller's premises, accurately indicate the place of delivery and shall provide appropriate and adequate storage and handling facilities so as to enable the full quantity of the Goods ordered to be delivered by the Seller's vehicle at the Buyer's premises. The Buyer shall indemnify the goods to be delivered safely and promptly into storage upon arrival of the Seller for any costs, losses or expenses suffered or incurred or paid by the Seller as a result of the breach of this condition. 6.4 Any date or time specified by the Seller for delivery of the Goods is an estimate only and date or time for delivery shall not be made "of the essence" by notice. 6.5 Subject to the other provisions of these Conditions, the Seller shall not be liable for any loss (including loss of profit), costs, damages, charges (including plumber or heating engineer costs) or expenses (including cost of emergency oil drums) caused directly or indirectly by any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract. 6.6 Deliveries will normally only be made by the Seller to a Buyer within the Seller’s working hours (9 am to 5 pm) and during the Seller’s working days (Monday to Friday), although the seller reserves the right to deliver outside of these times at their discretion. 6.7 Deliveries in Bulk. Colin J Morrow & Sons (Fuels) ('the company') does not accept responsibility for the dipping, checking or testing of the Buyers tanks. This together with the obligation to see that the truck operator couples up with the correct feed on the Buyers tanks rest entirely upon the Buyers. The Buyers shall also be responsible for ensuring that the storage into which the delivery is to be made will accommodate the full quantity ordered. 6.8 The Company's measurements of quantity shall be accepted by the Buyers, and the Company's Trading Standards approved and sealed meter reading equipment shall be conclusive and binding upon both parties. 6.9 Any deliveries that cannot be made due to inaccessible premises through absence of the Buyer at the Delivery Point shall incur a “No Access” charge of £25, made directly to the Seller via Debit/credit card. Application of this charge is subject to the Seller’s discretion. 6.10 Deliveries effected within 2 hours of the sellers stated latest delivery time will be accepted as the delivery having been completed on time. This applies to Standard and non-Standard (Eg: Express and Extra-Express) delivery commitments. The same commitment applies to standard deliveries except where due to weather or business conditions the drivers are working later than normal business hours in which case the guaranteed delivery is subject to change. 7 Non Delivery 7.1 The quantity of any consignment of Goods as recorded by the Seller upon dispatch from the Seller's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless they can provide conclusive evidence proving the contrary. 7.2 The Seller shall not be liable for any non-delivery of Goods unless written notice is given to the Seller within 3 working days of delivery. 7.3 Any liability of the Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Goods. 7.4 If a Return of Goods or Refund is agreed between the Buyer and Seller, then the Buyer’s credit will be amended within three working days. 7.5 In the event that the Seller has attempted to make delivery of the goods within the specified delivery time (given with the order at point of sale or thereafter) and the Seller has not been able to make delivery due to reasons which are the responsibility of the Buyer (i.e. not leaving access for the delivery to take place), the Seller has then honoured their commitment to try and deliver the goods. If for any reason the Buyer subsequently cancels their order of the goods after delivery has been attempted but has not been completed, a £25 fee will be charged to the buyer in respect of the sellers costs. If the Seller has attempted delivery of the goods more than once and the order is cancelled £25 will be charged for the first call out and £10 per call out thereafter will be charged to the Buyers credit/Debit card if delivery is cancelled. 8 Suitability of Storage and Offloading facilities 8.1 The Seller reserves the right at any time to refuse to make delivery of the goods or any part of them if in its sole opinion the storage and offloading facilities proposed by the Buyer are inadequate, unsuitable or unsafe for health, safety or environmental reasons. All reasonable costs incurred by the Seller in attempting to make delivery shall be for the account of the Buyer. Where any of the Goods are delivered by the Seller or the Seller's agent such delivery shall in no way constitute a commitment or representation by the Seller as to the suitability or safety of the Buyer's storage or offloading facilities so that the Seller shall be under no liability in respect of the storage or offloading facilities used by the Buyer. The buyer is expected to satisfy himself as to the suitability of storage and offloading facilities provided and the Seller will accept no claims in respect of damage or loss to the Buyer as a result of inadequate, unsuitable or unsafe storage or offloading facilities. The Buyer is expected to acquaint himself fully and observe all statutory provisions relating to the supply and storage of Heating Oil and flammable materials. 8.2 Where goods are delivered by the seller or seller's agent to the buyer on any occasion, this does not represent a future commitment as to the suitability or safety of storage or approach to the buyer's facilities. 9 Force Majeure The Seller reserves the right to defer the date of delivery or to cancel the Contract or to reduce the volume of the Goods ordered by the Buyer (without Liability to the Buyer). If the Seller is prevented from or delayed in the carrying on of its business due to circumstance beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, snowfall, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials 10 Liability 10.1 All terms, condition, warranties, statements or representations whatsoever, whether express or implied, statutory or otherwise and all obligations and liabilities whatsoever of the Seller (save as provided in clause 10.2 and 10.4) relating to the quality, merchantability, fitness for purpose, suitability or other properties of the Goods are hereby expressly excluded. 10.2 In the event of any claim (except as provided for under Section 16 of the Unfair Terms Act 1977) the Seller's liability shall be totally and exclusively limited to the replacement of the Goods or, at the option of the Seller, to the refund of any purchase price received in respect thereof, and in no event shall the Seller be liable for any special consequential or incidental loss or damage to the Buyer under any contract of these Condition of Sale connected in any way with the Goods or any use of them by the Buyer or any third party or the Service (including, but not limited to economic loss, loss of profits or revenue or costs arising form the use of the Goods) whether such liability arises in contract or in tort (including by reason of any negligence of the Seller) or otherwise. 10.3 Notwithstanding the foregoing, the Seller shall be under no liability whatsoever to the Buyer after the point of delivery. 10.4 The exclusion of liability referred to in this Clause 10 does not apply so as to exclude or restrict the Seller's liability for: - 10.4.1 Death or personal injury resulting form the negligence of the Seller, its servants or agents; or 10.4.2 Breach of the Seller's implied undertaking as to title to Goods contained in Section 12 Sale of Goods Act 1979. 11 Variation of Price 11.1 The Seller reserves the right at any time to vary the price of any of the Goods or the Services. 11.2 The Seller reserves the right to charge an administration fee of £50.00 where the quantity delivered to the delivery address is less than 50% of the quantity ordered through no fault of the Seller. 12 Returns The Seller will be under no obligation to accept Goods for return. Goods accepted for return will be credited at cost less 30% handling charge. 13 Claims The Buyer shall inspect the Goods as soon as is practicable after the point of delivery and shall give to the Seller within three (3) days of delivery notice of any claim for any shortages or damage, failing which the Goods shall be conclusively presumed to have been received and accepted by the Buyer. 14 Cancellation 14.1 The Seller shall be entitled without liability to the Buyer whatsoever to withhold or suspend delivery of the goods or performance for the Service or any part thereof if the Buyer's accounts with the Seller are outstanding to an extent which the Seller considers unreasonable or if the Seller considers that the buyer will fail to make payment or will fail to perform any other obligation undertaken by it in terms of the contract. 14.2 No variation of an order shall be accepted unless written or e-mail notice of such cancellation or variation is received at the Seller's premises, before the Goods have been loaded on to the Seller's vehicle, and the buyer agrees that a cancellation fee of £25 shall be charged to the Buyer's Debit / Credit card irrespective of the notice of any cancellation given to the seller. The Buyer indemnifies the Seller against all costs, losses or expenses suffered or incurred or paid by the seller as a result of any such cancellation or variation received after the Goods have been loaded and agrees that the cancellation fee of £25 be charged to the Buyer’s Debit/Credit card. 15 Fire Precautions The Buyer shall strictly observe all of the conditions of the Buyer's Petroleum Storage Licence (if any) and will not, in any circumstances allow any smoking or naked lights nor permit any stoves, electric or gas fires or radiators to function in proximity to a tank, or inlet pipe into which a delivery of Goods is being made or vent pipe connected to such tank and the Buyer indemnifies the Seller against all damages, losses, claims, proceedings, costs or expenses whatsoever suffered or incurred or paid by the Seller as a result of, or arising from any breach of this condition howsoever caused. 16 Warranty 16.1 The Seller warrants (subject to the other provisions of these Conditions) that upon delivery the goods will comply with the Seller's specification for the Goods. 16.2 The Seller shall not be liable for a breach of the Warranty in condition 16.1 unless: 16.2.1 The Buyer gives written notice of any defect to the Seller within 3 working days of delivery; and 16.2.2 The Seller is given a reasonable opportunity of examining the Goods and the Buyer (if asked to do so by the Seller) returned the goods to the Seller's place of business at the Buyer's expense for the examination to take place there. 16.3 The Seller shall not be liable for a breach of the warranty in condition 17.1 if; 16.3.1 The Buyer makes any further use of the Goods or part of the goods after giving notice of any defect; or 16.3.2 The defect arises because the Buyer failed to follow the Seller's instruction as to the storage or use of the Goods; or 16.3.3 The Buyer alters the Goods without the written consent of the Seller. 16.4 Subject to conditions 16.2 and 16.3, if any of the Goods do not conform with the warranty in condition 16.1 the Seller shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata contract rate and shall have no further liability for breach of the warranty in condition 16.1 in respect of such Goods, If the Seller so requests, the Buyer shall, at the Buyer's expense, return the Goods or the parts of such Goods which are defective to the Seller. 17 Imitation of Liability 17.1 Subject to condition 16, the following provisions set out the entire liability of the seller (including any for the act or omissions of its employees, agents and sub-contractors) to the buyer in respect of: 17.1.1 Any breach of these conditions; and 17.1.2. Any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract. 17.2 All warranties, condition and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract. 17.3 Nothing in these conditions excludes or limits the liability of the seller for death or personal injury caused by the seller's negligence or fraudulent misrepresentation. THE BUYER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 17.4. 17.4 Subject to conditions 17.2 and 17.3: 17.4.1 The seller's total liability in contract, tort (including negligence or breach of statutory duty). Misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price of the goods. 17.4.2 The seller shall not be liable to the buyer for loss of profit, goodwill or business opportunity or production downtime or any type of indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the contract. 18 Law This contract is subject to the Laws of the United Kingdom and all disputes arising out of the contract shall be subject to the exclusive Jurisdiction of the Courts of the country in which delivery was effected. 19 General 19.1 The Buyer shall not assign the Contract or any part of it without the prior written consent of the Seller. 19.2 The Seller shall be entitled to assign the Contract or any part of it to any person, firm or company. 19.3 The Buyer shall not use the Seller's name, logo or other intellectual property rights in advertising or publicity without the Seller's prior written consent. 19.4 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal invalid, void, void able, unenforceability or unreasonableness be deemed sever able and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect. 19.5 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract. 19.6 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract. 19.7 Any notice required or permitted to be given by either party to the other under these Condition shall be in writing addressed to that other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice. 19.8 Nothing in these Conditions confers on any third party any benefit or any right to enforce any of these Conditions except that a person who is the permitted successor to or assignee of the rights of a party is deemed to be a party to the Contract. 20 Brand Identity 20.1 Colin J Morrow & Sons (Fuels) prides itself on offering competitively priced heating oil with a quality and courteous service. 20.2 By operating with a low cost business model Colin J Morrow & Sons (Fuels) is able to save money and therefore pass the savings onto its customers. 20.3 Our aim is to make sure that your oil is delivered in a safe and efficient manner. 20.4 Colin J Morrow & Sons (Fuels) operates throughout the UK and has an optimum number of staff to ensure a personal touch and quality service. 20.5 We welcome your feedback and comments which can help us improve our service for the future and allow us to continue to stand apart from the competition. 21 Copyright 21.1 Access to and use of this website is subject to the following terms and conditions and all applicable laws which, by accessing and browsing the Site, the user accepts, without limitation or qualification. Morrowfuels.co.uk is a trademark of the Colin J Morrow & Sons (Fuels). 21.2 All of the content featured or displayed on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software is owned by Colin J Morrow & Sons (Fuels) ltd. 21.3 No part of this website including the company name & logo may be reproduced without the express prior written permission of the copyright holder, application for which should be made in writing in advance to the copyright holder. By entering the Colin J Morrow & Sons (Fuels) website, the user accepts a charge of £5,000 if the website copied or is used in any way for advertising, screenshots, canvassing in any way. 22 Data Protection 22.1We comply with the standards, procedures and requirements laid down by the UK Data Protection Act 1998, to ensure that the personal information you give us is kept secure and processed fairly and lawfully. No personal information is publicly accessible.