1.             INTERPRETATION

                In these conditions:

"Customer" means any person or organisation purchasing goods from the Seller.

            "Seller" means MURPAK LIMITED.

"Goods" means and includes such goods or other materials as form the subject matter of the contract.

"The Contract" means the order for Goods to be sold pursuant to these conditions.

2.             CONDITIONS AND EXCLUSIONS

These conditions shall form the basis of a Contract between the Seller and the Customer. Not withstanding anything to the contrary in the Customer's standard conditions of purchase these conditions shall apply except so far as expressly agreed in writing by a representative of the Seller duly authorised in writing. No servant or agent of the Seller has the power to vary these conditions orally, or to make representations or promises about the suitability of the Goods for any purpose.

3.             ACCEPTANCE OF ORDERS

Unless otherwise stated in writing the Customer's order is an offer  and will be accepted creating a contract subject to the Seller's conditions contained herein.

(a) upon acceptance by the Customer of delivery of the Goods by the Seller.

4.             TERMS OF SALE

(a) The customer shall pay all invoices on or before the last day of the month following month of invoice.

(b) Interest calculated at 4% above the Yorkshire Bank base rate shall be charged on all overdue accounts, such interest charges to accrue on a daily basis.

(c) The risk in the Goods shall pass to the Customer on delivery.

(d) Not withstanding the earlier passing of risk the ownership of the goods shall remain with the Seller until receipt by the Seller of payment in full in respect of the purchase by the Customer of the goods.

(e) Until such time as ownership of the Goods passes to the Customer the Customer shall hold the Goods as bailee for the Seller and they shall be stored by the Customer at his premises in such a manner that they are safe and clearly identifiable as the Goods of the Seller. Provided that the Customer may, in the ordinary course of its business sell or otherwise dispose of or deal with the Goods.

(f) The Seller may at any time when monies are due to the Seller in respect of the goods, by written notice, terminate the Customer's power to sell or otherwise dispose or deal with the Goods if:-

(i) The Customer shall be in breach of any conditions of this Clause.

(ii) The customer becomes bankrupt or makes an assignment, agreement or composition with it's creditors or suffers distress or process of execution to be levied on it's property.

(iii) A meeting is convened or a resolution passed or a petition is presented to wind up a Customer or a Receiver or Administrator of the Customer is appointed ; or

(iv) In the opinion of the Seller serious reason for doubts arise as to the Customers solvency.

(g)At any time after termination pursuant to sub-clause (f) above the Seller may take possession of any of the Goods in which ownership remains in the Seller and remove and dispose of them as the Seller thinks fit. For this purpose or to determine what, if any, Goods are held by the Customer, and to inspect them, the Seller may enter any premises of the Customer.

(h) The Seller shall be entitled to maintain an action for the price of any Goods, not withstanding that  ownership of them has not passed to  the Customer.

5.             PRICE

(a) The price of the Goods shall be the Seller's ruling at the date of despatch.

(b) The price is exclusive of any Value Added Tax, which the Buyer shall be additionally liable to pay the Seller.

(c) All prices are in pounds sterling.

(d) Details of the minimum order requirements are set out in the Seller's published price lists, which are in force at that date.

6.             DELIVERY

(a) Delivery of the Goods shall be made by the Seller delivering the Goods at the Buyer's premises in the United Kingdom, or if some other place is agreed by the Seller, by the Seller delivering the Goods to that place.      

(b) Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay of the Goods however caused. Time for the delivery shall not be of the essence unless previously agreed by the Seller in writing.

(c) Any shortage in the amount of Goods supplied at delivery must be notified to the Seller and confirmed in writing within 5 working days of delivery.

(d) Any order for an amount in excess of £100 (excluding V.A.T.) will be delivered in England, Wales and Scotland, excluding Scottish Highlands and Islands free of charge.

An amount of £140 (excluding V.A.T.) will apply to Northern Ireland for delivery to be free of charge.

In all cases orders for amounts less than these figures, carriage will be charged at cost.

(e) If at the time of delivery the Seller does not have the Goods in stock which have been ordered by the Buyer, the Seller reserves the right to cancel the Contract on giving notice to the Buyer.

7.             WARRANTIES AND LIABILITIES

(a)The Customer shall carry out a thorough inspection of the Goods within seven days of their delivery, and shall notify the Seller, in writing, within ten days of such delivery, any defects which a reasonable examination would reveal. Subject to compliance with the above obligations and clause  6(c) the Seller will replace any of the Goods damaged prior to delivery to the Customer.

(b) The Seller will assign to the Customer its rights against its supplier and these rights if so assigned shall be taken in extinction of and substitution of any rights which the Customer would have had with the Seller.

(c) The liability of the Seller under this warranty shall be limited to the invoice value of the Goods replaced and  the Seller shall not be liable for any consequential loss or damage howsoever caused.

8.             WAIVER

A waiver by the Seller of a breach or default of any of the provisions of these Conditions by the Customer shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of the Seller to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the customer.

9.             LAW

These Conditions of Sale shall be constructed with English Law and be subject to the jurisdiction of the English Courts.