We respect your privacy and are committed to protecting your personal information. This privacy policy will explain to you why we collect your personal information, how we do it and the way in which it is processed or shared. A copy of this privacy policy can be obtained by requesting a paper copy from the Company Secretary at the postal address given below, however please note we may change this policy from time to time and so please ensure you have the correct version.
The Morris Group is made up of a number of companies, including Morris & Company (Shrewsbury) Limited, Morris & Company Limited, Morris Site Machinery Limited, Morris Care Limited and Morris Property Limited (and their subsidiaries), further details of which can be found here. This privacy policy is issued on behalf of the Morris Group and the Morris’s Employees’ Discretionary Trust (“the Trust”). References to” We”, “Us” or “Our” for the purpose of this policy means the relevant company in the Morris Group or the Trust whichever entity is processing your information. The “Controller” for the purposes of this policy is Morris & Company Limited. You will be informed which company in the Morris Group is processing your information when appropriate. We have a data protection officer (DPO) who is responsible for overseeing this policy. Therefore, any questions about this privacy policy or any requests to exercise your legal rights should be directed to the DPO as follows: Postal Address: Morris & Company Limited, Welsh Bridge, Shrewsbury, SY3 8LH Email address: dpo@morrisandco.com Telephone number: 01743 232005 Data Protection Reg Number: Z6013797 (Morris & Company Limited) Z5866352 (Morris Site Machinery Limited) Z1115976 (Morris and Company Trust Fund Limited) If you are concerned about how your data is being gathered, processed stored or deleted, please contact the DPO immediately. You are entitled to submit a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk), at any time.
We use different methods to collect information from and about you including:
You provide Us with your personal information either through the use of forms or general correspondence with Us. This includes any information provided when you: – apply for products or services – create an account; – subscribe to a service or publications; – request marketing information – make an enquiry – provide feedback to Us.
We may receive personal information about you from various third parties and/or public sources as set out below – Technical information from analytics providers such as Communigator and Google – Contact, Financial and Transaction information from providers of technical, payment and delivery services. – Identity and Contact information from publicly availably sources such as Companies House and the Electoral Register based inside the EU. Where third parties provide information to Us about visitors to our website this is done by recording your IP address. This is then matched against public and proprietary IP address databases to provide information about your visit. This may identify the organisation to whom the IP address is registered but not specific individuals within the organisation aside from some organisations such as sole trader where this could occur from data obtained from publicly available sources such as the ICANN database.
Our website may include links to third-parties websites, plug-ins and/or applications. Clicking on external links or enabling connections may allow third parties to collect or share information about you. We do not control these third-parties and are not responsible for the protection of your personal information once you have left our site. Third party sites are not governed by this privacy policy.
We may collect, use, store and transfer the information categories set out below: – Identity information such as your full name, username or identifier, marital status, title, date of birth and gender – Contact information such as billing, delivery or email addresses and telephone numbers. – Financial information such as bank account and payment details. – Transaction information such as details about payments to and from you and other details of products and services you have purchased from Us. – Technical information such as internet protocol (IP) address, login information, browser type/version, location / time zone, browser plug-in types/versions, operating system and platform and other technology on the devices you use to access this website. – Profile information such as your username/password, your purchases, orders, interests, preferences, feedback and survey responses. – Usage information such as information about how you use our website, products and services. – Marketing and Communications information such as your marketing/communication preferences in respect of correspondence from Us or third parties. We also collect, use and share Aggregated information such as statistical or demographic information for any purpose. Aggregated information may be created from your personal information but as it does not directly or indirectly reveal your identity it is not classed as personal information for the purposes of this policy. An example would be Us aggregating your Usage Information to calculate the number of users accessing a specific website feature. If we combined or connected the Aggregated information with your personal information and you could be directly or indirectly identified this is personal information and will be used in accordance with this privacy policy. Unless confirmed in writing with you we will not collect any Special Categories of Personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic/biometric information or criminal convictions/offences).
If you fail to provide Us with the personal information we require by law, or under the terms of a contract we have with you, when requested, we may not be able to perform our duties under the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we will be unable to supply you with the relevant product or service and may have to cancel our contract with you. If this applies we will notify you.
We will only use your personal information for the legitimate interests of our business or where the law requires Us to do so, we will use your personal information in the following circumstances: – To carry out our duties under a contract we have or are about to enter into with you – Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. – Where we need to comply with a legal or regulatory obligation. – In respect of the residents of Morris Care where processing the information is necessary for their vital interests. Generally, we do not rely on consent as a legal basis for processing your information. Consent will however be used when sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. We have set out below, a description of the ways we plan to use your personal information, and the lawful basis we rely on to do so. It may be that we process your information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us if you need further information about the way in which we have processed your information.
| Purpose/Activity | Type of Information | Lawful basis for processing including basis of legitimate interest |
| To register you as a new customer/client | – Identity – Contact | – Performance of a contract with you |
To process and deliver an order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us | – Identity – Contact – Financial – Transactional – Marketing & Communications | – Performance of a contract with you – Necessary for our legitimate interests (to recover debts due to Us) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey | – Identity – Contact – Profile – Marketing & Communications | – Performance of a contract with you – Necessary to comply with a legal obligation – Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
| To enable you to take part in a prize draw, competition, promotions/offers or complete a survey | – Identity – Contact – Profile – Usage – Marketing & Communications | – Performance of a contract with you – Necessary for our legitimate interests (to study how customers use our prodycts/services, to develop them and grow our business) |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of information) | – Identity – Contact – Technical | – Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) – Necessary to comply with a legal obligation |
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising and information we serve to you | – Identity – Contact – Profile – Usage – Marketing & Communications – Technical | – Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
| To use information analytics to improve our website, products/services, marketing, customer relationships and experiences | – Technical – Usage – Marketing & Communications | – Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about goods or services that may be of interest to you | – Identity – Contact – Technical – Usage – Profile | – Necessary for our legitimate interests to satisfy our customer’s and client’s needs and to develop our products/services and grow our business |
| To provide care services (in respect of Morris Care only) | – Identity – Contact – Financial – Transaction – Usage – Special Categories of Data (detailed in our Admission Agreement) | – Performance of a contract with you – Necessary to comply with a legal obligation – Necessary for our legitimate interests (to keep our records updated, recover debts due to Us and to develop our business) |
| To distribute any appropriate benefits | – Identity – Contact – Financial – Transaction | – Performance of a contract with you – Necessary to comply with a legal obligation – Necessary for our legitimate interests (to keep our records updated, issue and administer any employee benefit scheme) |
You have a choice as to the types of marketing materials you receive and how often you receive them. You can ask Us to stop sending you marketing communications at any time by following the opt-out links on any marketing message sent to you or by contacting us. Where you opt out of receiving these marketing communications, we will still hold any personal information provided to Us as a result of a product/service purchase, warranty registration, product/service experience or other transactions. You will have to contact us separately to request to have this information erased.
We may use your Identity, Contact, Technical, Usage and Profile Information to form a view on your product or service requirements and what marketing materials may be of interest to you. You will receive marketing communications from Us if you opted into to receiving communications from Us. This positive opt in will have been a decision made by you at the time of purchasing goods or services from Us, entering any competition held by Us, registering for a promotional offer or visiting the website and completing an opt in form.
We will get your express consent before we share your personal information with any company outside the Morris Group of companies for marketing purposes.
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows Us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements or to protect our legitimate business or legal interests. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Information) as required by any competent authority or to protect our legitimate business interests. We may anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you. In some circumstances you can ask Us to delete your information and any such requests should be made by contacting us
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Although we will not sell or rent your information or provide it to third parties for marketing we may need to share your information with certain parties as set out below in order to comply with our purposes for processing.
o Other companies in the Morris Group acting as joint controllers or processors or the Trust
o Service providers acting as processors, based in the United Kingdom, who provide IT and system administration services. o Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the EEA and, in the case of Morris Site Machinery Limited only, Australia who provide consultancy, banking, legal, insurance and accounting services. o HM Revenue & Customs, Office of National Statistics, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances. o Competent regulatory authorities such as the Care Quality Commission o Marketing Analyst and Database providers such as Communigator, Vecta Sales Solutions Ltd and The Access Group o In respect of our care facilities; review sites such as www.carehome.co.uk – Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If this were to happen any new owner(s) will only use your data for the purpose it has been gathered. We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal information will involve a transfer of information outside the EEA. Whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: • We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission. For further details, • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe. • Where we use providers based in the US, we may transfer information to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between the Europe and the US. Please contact us if you want further information on the specific mechanism used by Us when transferring your personal information out of the EEA. As part of the services we offer, information provided to Us may be transferred to countries outside of the European Union, for example, if our servers were relocated to such a country. By providing your information you are agreeing to a transfer and we can confirm we will take all appropriate steps to guarantee that security measures are in place to ensure that your rights are protected as outlined in this policy.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information for the reason it has been gathered and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You have rights under data protection laws in relation to your personal information. These rights and further information relating to the same are set out below: Request access to your personal information (commonly known as a “Subject Access Request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to Us. It is important that the personal information we hold about you is accurate and current. Please keep Us informed if your personal information changes during your relationship with Us. Request erasure of your personal information. This enables you to ask Us to delete or remove personal information where there is no good reason for Us continuing to process it. You also have the right to ask Us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party). If you feel this processing impacts on your fundamental rights and freedoms you may object to the processing. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Request restriction of processing of your personal information. This enables you to ask Us to suspend the processing of your personal information in the following scenarios: (a) if you want Us to establish the accuracy of the information; (b) where our use of the information is unlawful but you do not want Us to erase it; (c) where you need Us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it. Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for Us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your personal information. This will not, however, affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us.
You have the right to make a Subject Access Request (SAR) to find out what information we as a business hold on you. You would be entitled to: – Ask what information we hold on them and why – Ask how to gain access to it – Gain access to it unless there is a legal reason denying this access – Be informed how to keep it up to date – Be informed how we are meeting out GDPR obligations – Request for this information to be transferred or erased
Ordinarily we will not ask you to pay a fee to access your personal information, however, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, in these circumstances, we may refuse to comply with your request.
We may need to request certain information from you to help Us confirm your identity and your right to access the personal information we hold (or to exercise any of your other rights). This is a security measure to ensure that information is not disclosed to any person who does not have the right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We aim to respond to all legitimate requests within one month. Occasionally it may take Us longer than a month for example if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. This policy was last updated on 23 May 2018 (Previous versions of this policy can be supplied on request please contact us) To view our pension scheme privacy policy, please click here.
1.1. Some of these terms apply to consumers only; some apply to business customers only. Those terms are marked as such.
1.2. All other terms apply to all customers.
1.3. You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.
1.4. If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer, which are not affected by these terms. Contact your local trading standards office for more information. Words in italic type are legal words, which clarify, rather than alter, the meaning of the relevant clause.
2.1. The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
2.2. Our quotations lapse after 30 days (unless otherwise stated).
2.3. The price quoted excludes delivery (unless otherwise stated).
2.4. Business customers: unless otherwise stated, the price quoted to business customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.
2.5. Business customers: rates of tax and duties on the goods will be those applying at the time of delivery.
2.6. Business customers: at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
3.1. All delivery times quoted are estimates only.
3.2. If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
3.2.1 you may not cancel if we receive your notice after the goods have been dispatched; and
3.2.2 if you cancel the contract, you can have no further claim against us under that contract.
3.3. If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
3.4. We may deliver the goods in instalments. Each instalment is treated as a separate contract.
4.1. We may decline to deliver if:
4.1.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
4.1.2 the premises (or the access to them) are unsuitable for our vehicle.
5.1. The goods are at your risk from the time of delivery.
5.2. Delivery takes place either:
5.2.1 at our premises (if you are collecting them or arranging carriage); or
5.2.2 at your premises (if we are arranging carriage).
5.3. You must inspect the goods on delivery. If any goods are damaged (or not delivered), you must write to tell us within seven working days of delivery (or the expected delivery time). You must provide photographic evidence of and give us (and any carrier) a fair chance to inspect the damaged goods.
6.1. You are to pay on delivery unless you have an approved credit account.
6.2. Business customers: if you have an approved UK business credit account, payment is due within 30 days following month end of invoice date
6.3. If you fail to pay us in full on the due date:
6.3.1 we may suspend or cancel future deliveries;
6.3.2 we may cancel any discount offered to you;
6.3.3 you must pay us interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998 a calculated (on a daily basis) from the date of our invoice until payment;
b – compounded on the first day of each month; and
c – before and after any judgment (unless a court orders otherwise);
6.3.4 we may claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
6.3.5 we may recover (under clause 6.9) the cost of taking legal action to make you pay.
6.4. If you have an approved business credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment.
6.5. We may take any of those actions in 6.4 at any time and without notice.
6.6. Business Customers: you do not have the right to set off any money you may claim from us against anything you may owe us.
6.7. Consumers: you may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
6.8. While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
6.9. Consumers: clause 6.9 means that you are liable to us for losses we incur because you do not comply with these terms. We may claim those losses from you at any time and if we have to take legal action we will ask the court to make you pay our legal costs.
7.1. Consumers: your statutory rights are unaffected.
7.2. Business customers: until you pay all debts you may owe us:
7.2.1 all goods supplied by us remain our property;
7.2.2 you must store them so that they are clearly identifiable as our property;
7.2.3 you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
7.2.4 you may use those goods and sell them in the ordinary course of your business, but not if:
a- we revoke that right (by informing you in writing); or
b- you become insolvent
7.2.5 Consignment of stock must be maintained in an “as new” condition and returned to us on request
7.3. Business customers: you must inform us (in writing) immediately if you become insolvent.
7.4. Business customers: if your right to use and sell the goods ends you must allow us to recover the goods.
7.5. Business customers: we have your permission to enter any premises where the goods may be stored:
7.5.1 at any time, to inspect them; and
7.5.2 after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
7.6. Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
7.7. You are not our agent. You have no authority to make any contract on our behalf or in our name.
8.1. We warrant that the goods:
8.1.1 comply with their description on our acknowledgement of order form; and
8.1.2 are free from material defect at the time of delivery (as long as you comply with clause 8.4).
8.2. Business customers: we give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
8.3. Business customers: if we tell you that the goods are pre-owned you are solely responsible for inspecting and testing the goods before making this contract. We give no warranty (clause 8.1 does not apply) and clause 8.2 applies.
8.4. Consumers: the warranty in clause 8.1 is in addition to your statutory rights.
8.5. If you believe that we have delivered goods which are defective in material or workmanship, you must:
8.5.1 inform us (in writing), with full details, as soon as possible; and
8.5.2 allow us to investigate (we may need access to your premises and product samples).
8.6. If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 8.4) in full, we will (at our option) replace the goods or refund the price.
8.7. If any defect in the goods (or part of the goods) is attributable to the negligence or defective materials or workmanship of our supplier or the manufacturer we may assign to you the benefit of any claim we may have against that person and we will have no further liability to you.
8.8. We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
8.9. Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £1,000,000.
8.10. For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
8.11. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
9.1. If we prepare the goods in accordance with your specifications or instructions:
9.1.1 you must ensure that the specifications or instructions are accurate;
9.1.2 you must ensure that goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
9.1.3 you must ensure that your specifications or instructions will not result in the infringement of any intellectual property rights of a third person, or in the commission of a criminal offence.
9.2. We reserve the right to make any changes in the specifications of our goods which are necessary to ensure they conform to any applicable safety or other statutory requirements.
9.3. Business customers: we also reserve the right to make without notice any minor modifications in our specifications designs or materials as we think necessary or desirable.
10.1. We will accept the return of goods from you only:
10.1.1 by prior arrangement (confirmed in writing);
10.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered) and
10.1.3 where the goods are as fit for sale on their return as they were on delivery.
11.1. Where we supply the goods to you by way of export from the United Kingdom Clause 10 of these terms applies (except to the extent that it is inconsistent with any written agreement between us).
11.2. The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
11.3. Unless otherwise agreed, the goods are supplied ex works.
11.4. Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
11.5. You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
11.6. We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
12.1. If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) we may then hold (or to which we are committed) for the order.
12.2. We may suspend or cancel the order, by written notice if:
12.2.1 you fail to pay us any money when due (under the order or otherwise);
12.2.2 you become insolvent;
12.2.3 you fail to honour your obligations under these terms.
12.3. You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 12.1. then apply).
13.1. Any waiver or variation of these terms is binding in honour only unless:
13.1.1 made (or recorded) in writing;
13.1.2 signed on behalf of each party; and
13.1.3 expressly stating an intention to vary these terms.
13.2. All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
14.1. If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
14.2. Examples of those circumstances include act of God, accident, explosion, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
15.1. English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
15.2. If you are more than one person, each of you is liable for all of your obligations under these terms (joint and several liability).
15.3. If any of these terms are unenforceable as drafted:
15.3.1 it will not affect the enforceability of any other of these terms; and
15.3.2 if it would be enforceable if amended, it will be treated as so amended
15.4. We may treat you as insolvent if:
15.4.1 you are unable to pay your debts as they fall due; or
15.4.2 you (or any item of your property) becomes the subject of:
a- any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b- any application or proposal for any formal insolvency procedure; or
c- any application, procedure or proposal overseas with similar effect or purpose.
15.5. Business customers: all brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us and our branding must not be used for advertising purposes without permission or purporting to be MSM or an agent unless by written permission.
15.6. Business customers: any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
15.7. No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
15.8. The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:
15.8.1 contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
15.8.2 which expressly state that you may rely on them when entering into the contract.
15.9. Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
15.10. These terms apply to products and services supplied by Machinery Limited.
We are committed to protecting the confidentiality and security of information we collect and holds about our individual customers. We collect and use the information for our legitimate business and legal interests under Article 6(1)(f) of the General Data Protection Regulation (GDPR) and any replacement or modification thereof including evaluating requests for our products or services, evaluating and marketing our products or services and processing the sale of goods. The collection and use of data for these interests is without prejudice to the individual customer’s rights, freedoms and interests under or according to the GDPR or data protection law applying under English Law Generally. All data is held subject to our Privacy Policy.
A cookie is a small file of data which we store on your browser or the hard drive of your computer with your consent. Cookies contain information that is transferred to your computer’s hard drive from the web server and are used to customise aspects of web pages and save any login information
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
| Morris Machinery – www.morrismachinery.co.uk | |
| Cookie Name | Purpose / Information Recorded |
Google Analytics __utma __utmb __utmc __utmt __utmv __utmz | This cookie provides analytical information about you and your visit to enable us to
|
| CART | The association with your shopping cart. |
| CATEGORY_INFO | Stores the category info on the page, that allows to display pages more quickly. |
| COMPARE | The items that you have in the Compare Products list. |
| CURRENCY | Your preferred currency |
| CUSTOMER | An encrypted version of your customer id with the store. |
| CUSTOMER_AUTH | An indicator if you are currently logged into the store. |
| CUSTOMER_INFO | An encrypted version of the customer group you belong to. |
| CUSTOMER_SEGMENT_IDS | Stores the Customer Segment ID |
| EXTERNAL_NO_CACHE | A flag, which indicates whether caching is disabled or not. |
| FRONTEND | Your sesssion ID on the server. |
| GUEST-VIEW | Allows guests to edit their orders. |
| LAST_CATEGORY | The last category you visited. |
| LAST_PRODUCT | The most recent product you have viewed. |
| NEWMESSAGE | Indicates whether a new message has been received. |
| NO_CACHE | Indicates whether it is allowed to use cache. |
| PERSISTENT_SHOPPING_CART | A link to information about your cart and viewing history if you have asked the site. |
| POLL | The ID of any polls you have recently voted in. |
| POLLN | Information on what polls you have voted on. |
| RECENTLYCOMPARED | The items that you have recently compared. |
| STF | Information on products you have emailed to friends. |
| STORE | The store view or language you have selected. |
| USER_ALLOWED_SAVE_COOKIE | Indicates whether a customer allowed to use cookies. |
| VIEWED_PRODUCT_IDS | The products that you have recently viewed. |
| WISHLIST | An encrypted list of products added to your Wishlist. |
| WISHLIST_CNT | The number of items in your Wishlist. |
If you do not want us to use cookies then please see the below links for information on how to disable them on most browsers:
https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
https://www.opera.com/help/tutorials/security/privacy/
https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
https://www.apple.com/legal/privacy/en-ww/cookies/
https://privacy.microsoft.com/en-GB/windows-10-microsoft-edge-and-privacy