Terms and Conditions

1. Definitions

  • Company: Refers to Morton Brothers Limited, registered in United Kingdom, responsible for providing electrical, mechanical, and home entertainment solutions.

  • Customer: The individual, company, or organization purchasing goods or services from the Company.

  • Services: The electrical, mechanical, or home entertainment systems, goods, or services provided by the Company.

  • System: The electrical, mechanical, or home entertainment system installed on the Customer’s premises as per the agreement.

  • Handover: The point at which the system is completed, tested, and handed over to the Customer, including the issue of any completion certificate.

  • Enabled Date: The date when services from any third-party providers (e.g., network services) become active.

  • Commencement Date: The date the Company begins providing services under the agreement.

  • Maintenance: Any maintenance services provided by the Company.

  • Normal Working Hours: Monday to Friday, 8:00 am to 5:00 pm, excluding public holidays.

2. Working Arrangements

All work will be carried out during Normal Working Hours unless otherwise agreed in writing. The Customer will incur additional charges for work outside these hours. If materials or equipment provided by the Customer are not available when work is scheduled to start, additional costs may be incurred.

3. Payment Terms and Procurement of Goods

  • Payment for Goods:

    • High-value goods necessary for installations will not be purchased with a credit account in mind. High Value goods include and are not limited to a package or individual item with a value of over £1000. The Customer must ensure that funds for such high-value items are cleared and transferred to the Company before any goods can be purchased and installed.

    • While credit accounts may exist for day-to-day items, these are not to be relied on by the Customer. The Customer is responsible for ensuring that payments are made in advance of installations to avoid delays.

  • Delays Due to Non-Payment:

    • The Company will not be responsible for any costs or delays to the project schedule due to non-payment or late payment for goods or services. It is the Customer's responsibility to ensure timely payments, and failure to do so will not result in any liability or penalties for the Company.

    • In the event of late payments, labour levels on a specific job or site may be reduced until payments are fully cleared for goods or services provided.

  • Due Dates and Late Payments:

    • All payments for goods and services are due immediately upon completion of work or as specified in the invoice. If any payments are not made within 30 days, interest will accrue at 2% per week above the HSBC base rate.

4. Company Obligations

The Company will:

  • Ensure the timely delivery and installation of goods and services, provided that all payments have been made in full as per the agreed terms.

  • Investigate and resolve any complaints in a timely manner.

  • Comply with any relevant maintenance agreements or warranties, provided all associated costs have been paid in full.

  • Provide preventative and responsive maintenance services as per the agreement.

5. Customer Obligations

The Customer agrees to:

  • Payments: Make payments for all goods, services, and maintenance as per the agreed terms, ensuring that funds for high-value items are cleared before procurement. The Customer is also responsible for ensuring payment for any day-to-day items if they are to be installed. Any delay in payment could result in a delay in installation.

  • No Delays: Ensure there are no delays in payments for goods or services. The Customer acknowledges that failure to make timely payments will likely affect the program schedule, and the Company will not be responsible for such delays or any additional costs incurred as a result.

  • Labour Adjustments: Understand that the Company reserves the right to adjust labor levels or even suspend work on a project if payments are late or outstanding for goods or services.

6. Limits of Liability

The Company aims to minimize risks through proper system installation but cannot guarantee that systems will detect or report issues at all times. The Customer is responsible for understanding the risks and the value of their property, and the Company limits its liability as follows:

  • The Company will not be liable for any indirect, special, or consequential losses, including loss of profits or goodwill.

  • Liability for death or personal injury caused by the Company’s negligence is not excluded.

  • Liability for any other losses related to system failure or negligence is limited to agreed amounts as specified in the contract, with specific caps on compensation for damage, destruction, or loss of earnings.

7. Force Majeure

The Company will not be liable for delays or failure to meet obligations due to circumstances beyond its control, including but not limited to war, government actions, natural disasters, or industrial action.

8. Termination for Breach

If the Customer breaches the agreement, or payments are overdue by more than 30 days, the Company may terminate the agreement without notice and pursue legal action for any unpaid amounts.

9. Duration of Agreement

The agreement is for a minimum period of 12 months and will continue year-to-year unless terminated in accordance with the contract. If services are provided for 21 consecutive days, this will constitute a binding implied agreement.

10. Title of Goods

The title to all equipment remains with the Company until full payment is received. In the event of non-payment, the Company reserves the right to repossess the goods, including access to the Customer’s premises if necessary.

11. Warranty

The Company provides a 12-month warranty for defects in materials and workmanship. The warranty does not cover damage caused by misuse, neglect, unauthorized repairs, or Acts of God. Consumables, batteries, and hard drives are also excluded.

12. Maintenance

The Company provides maintenance services as per the agreement, including service level agreements in place. The Customer must arrange access to the premises for inspections. No refunds will be given if the Customer fails to schedule an inspection but the maintenance fee has been paid in full.

13. Exclusions

The agreement does not cover:

  • Costs for obsolete equipment.

  • Consumables like batteries, data storage devices, or hard drives.

  • Damage due to misuse, Acts of God, or third-party repairs.

14. Variations

No changes or variations to this agreement will be binding unless agreed in writing by both parties.

15. General

This agreement is governed by the laws of United Kingdom, and nothing in this agreement confers rights under the Contracts (Rights of Third Parties) Act 1999 unless explicitly stated.