1 Definitions and interpretation

1.1 In these Terms the following definitions apply:

Customer means any person to whom MGW supplies. Goods; Goods means the goods which MGW is to supply to the Customer in accordance with the Terms as set out on the on-line order Form; (1) a description of the Goods (2) the Price (3) any other relevant matters.

Price means the price for the Goods as set out on the web site.

Terms means the standard terms set out in these terms and conditions of business; 1.2 Any changes to these Terms are valid only if agreed in writing between MGW and the Customer. 1.3 Unless authorised in writing by MGW, employees' or agents' representations concerning the Goods are not valid. 1.4 Any error or omission in any on-line sales brochure, quotation, price list, acceptance or offer, invoice or other material issued by MGW (whether typographical, clerical or otherwise) may be corrected by MGW without any liability on the part of MGW.

1.5 If there is any conflict between the Order Form and the Terms, the Order Form shall prevail.

2 Appointment

2.1 The Customer appoints MGW to provide Goods in accordance with this Web Site. The Terms apply to the Goods set out in the web site. No other terms will apply to the provision of the Goods.

3 The Web Site

3.1 The quantity, quality and description of the Goods shall be as set out in the Web Site.

3.2 It is the sole responsibility of the Customer to ensure the Goods set out on the Web Site order from meet their requirements.

3.3 MGW may make changes to the Goods in order to conform to any legal requirements or which do not materially affect their quality or performance. 3.4 The Customer shall at their own expense supply MGW with all necessary materials and information required by MGW to provide the Goods in accordance with these Terms. If a failure by the Customer to provide materials or information causes MGW to miss a deadline, the MGW deadline shall be deemed to be extended by the period of the Customer's delay.

4 Price and Payment

4.1 MGW require payment in advance through its secure order form. Arrangements for bulk orders can be arranged but only by written agreement with MGW Seafoods Ltd

4.2 Unless the subject of a genuine dispute (see refunds below), no refunds will be given for goods dispatched.

4.3 The Price does not include VAT on seafood goods under the current VAT legislation concerning food stuffs. All other non-food items purchased will be subject to VAT. This will include shipping and packaging.

4.4 If, because of a factor beyond the control of MGW, the cost to MGW of providing the Goods increases, MGW may before delivery increase the Price of the Goods.

4.5 The Customer will pay the Price for the Goods. If the Customer wants MGW to deliver the Goods, the Customer will pay MGW's charges for transport, packaging and insurance.

4.6 All amounts due under these Terms shall be paid in full without any deduction or withholding other than as required by law and neither party shall be entitled to assert any credit, set-off or counterclaim against the other party in order to justify withholding payment of any such amount in whole or in part.

5 Delivery of Goods

5.1 Goods will be dispatched within 3 – 5 working days of order. This is MGW's primary objective. However please see 5.2.

5.2 Any dates quoted for delivery of the Goods are approximate and MGW shall not be responsible for any delay in delivery of the Goods however caused. Unless agreed in writing in advance by MGW time for delivery shall not be of the essence. MGW may deliver Goods before or after the scheduled delivery date.

Return of Goods

In the event that good arrive either damaged of not fit for purpose, MGW will give a full refund provided that the following conditions are met. 1. The goods are retained by the customer for MGW’s inspection. 2. The customer has advised MGW immediately it is discovered there is a problem. Goods held by the customer and reported more that 24 hours after delivery will not be considered for refund. The customer will pay the cost of returning the goods, which will be refunded as soon as it is established the MGW are responsible.

6 Ownership and Responsibility

6.1 Ownership of any consignment of Goods shall not pass to the Customer until MGW has received payment in full of all sums due to it in respect of all consignments of Goods delivered to the Customer. Once the order has been dispatched, it becomes your property. If there is a good reason for return, agreed by MGW, the following will apply (see 6.2)

6.2 The Customer shall: 6.2.1 hold the Goods on behalf of MGW, take proper care of them and take all reasonable steps to prevent any damage to or deterioration of them; keep refrigerated at all times; 6.2.2 store or keep the Goods separately from other Goods, so as to show clearly that they belong to MGW; 6.2.3 not sell or part with possession of the Goods; .

6.4 The responsibility for loss or damage to any consignment of the Goods shall pass to the Customer.

6.5 Each order for the Goods shall constitute a separate contract and any default by MGW in relation to any one order shall not entitle the Customer to treat these Terms as terminated.

7 Warranties and indemnities

7.1 MGW warrants and represents to the Customer that it will perform its obligations under these Terms with reasonable skill and care. All other warranties are expressly disclaimed to the fullest extent permitted by law.

7.2 MGW shall not be liable to the Customer (whether in contract, tort, including negligence and breach of duty, or otherwise at law) for any: 7.2.1 indirect or consequential loss; and/or 7.2.2 Loss of profits, revenue or goodwill of the Customer. 7.3 MGW does not exclude its liability for death or personal injury if caused by its own negligence or for fraud.