1.1 These terms and conditions constitute the entire terms and conditions upon which the Customer agrees to contract for the purchase of Products.
1.2 This Agreement supersedes any written or oral representations, statements, understandings or agreements, except where specifically varied by written agreement by Corker Outdoor Ltd.
1.3 By placing an order for the Products, you, the Customer, confirm your acceptance of the terms of the Agreement.
1.4 In the event of any conflict between the Agreement and any other document, the Agreement shall prevail.
1.5 Definitions In this Agreement:-
“Agreement” means these terms and conditions together with the Order Confirmation.
“the Customer” and “You / Your” means the company, firm, person, persons, corporation or public authority identified in the Order Confirmation as contracting for the Service and includes their successors or personal representatives.
“Order” means the Customers instruction to Corker Outdoor Ltd to proceed with the supply of the Products.
“the Order Confirmation” means the email or letter sent to the Customer by Corker which sets out details of the Service to be provided, price, completion date (if any) and such other specific contractual terms as may be appropriate.
“Corker” or “we/our/us” means Corker Outdoor Ltd a company registered in England (Company Number 04336913) and with its registered office at Westdene, Whetsted Road A228, Paddock Wood, Kent, TN12 6SD.
“Product or Products” means any items sold by Corker as more fully described in the Order Confirmation.
“Charges” means the prices for the products/Service set out in the Order Confirmation.
“Wastage” means the natural wastage due to the nature of cutting, treating and transporting some of the products provided. We recommend that Customers order an additional 10% to cover wastage of some of our products, details of which will be provided in the buying guide.
“Product Guide” means the guide detailing the process of ordering products from Corker.
“Working Day” means within the hours of 7.00am to 5.00pm, Monday to Friday only and Saturday 7:30am to 3:00pm, not including bank holidays;
“Writing” includes any written paper document, any fax and any email correspondence.
- Service Provision
2.1 Corker will provide an Order Confirmation for all orders accepted but reserves the right to accept or reject any order.
2.2 Corker will use all reasonable endeavours to provide the Products as described in the Order Confirmation.
2.3 Where an Order is placed orally or in the event of any dispute as to the Order, the Order Confirmation shall be deemed as the authoritative Order.
2.4 We reserve the right to use 3rd party haulage companies to deliver Products as described in the Order Confirmation.
- Customer Obligations
3.1 The Customer shall pay the Charges for the Products in accordance with clauses 5 and 6 below.
3.2 The Customer is responsible for notifying Corker as soon as reasonably possible (within 48 hours) in the event of any problem with the Products, together with such information as Corker may request.
3.3 The Customer is responsible for providing a satisfactory level of cooperation and for providing all necessary information and access to enable Corker to deliver a quality service including;
3.3.1 Provision to Corker promptly of all information and documentation reasonably required by Corker.
3.3.2 Correct measurements, Product details, quantity, and all relevant details.
3.3.3 Provision of suitable access and facilities.
3.4 The Customer is responsible for informing Corker as to the nature of the road surface at the delivery address. Some surfaces (such as gravel or loose, uneven, or sloping ground) is not suitable for a pallet truck. If the point of delivery is unsuitable for delivery by pallet truck and we are unable to make the delivery due to this, the Customer may be liable for additional delivery charges.
3.5 The Customer is recommended to cater for Wastage when placing an order. Due to the natural characteristics, production and transportation methods involving some of the products supplied up to 10% of your order may not be useable due to any of the following; chips, blemishes, surface variations, breakages, discolouration. We strongly advise ordering a minimum of 10% additional material to cover the natural markings and variation in the products supplied. Additional material may also be required to cover positioning and any wastage caused by cuts and the installation process.
3.6 Without prejudice to its rights in terms of Clause 9 hereof, Corker is entitled to suspend or terminate the Agreement if the Customer fails to comply with any of its obligations under this clause.
- Cancellation & Returns Policy
4.1 To cancel your Order, please contact Corker, at Westdene, Whetsted Road A228, Paddock Wood, Kent, TN12 6SD or emailing [email protected], giving details of the items ordered, within 7 days from date of order.
4.2 In the event of cancellation of Orders, Corker must be informed within seven days from Customers order date. The Customer will not be liable to pay if the Customer cancels within 7 days based on a standard delivery lead time.
4.3 Once products are loaded to our lorries cancellations or rearrangements may be subject to an administration charge of £15.00.
4.4 Other than what is set out in 4.1 above no cancellation is offered by Corker after this period.
4.5 Products returned to us remain at your risk until received by us in the same condition and original packaging as delivered or collected.
4.6 If you have ordered Products made to your specification (bespoke work), or non stock items, no cancellation will be possible, and no refunds will be made.
4.7 If you cancel your Order under Condition 4.1 we will refund all monies paid by you. Delivery charges will be refunded unless the Products have already been loaded or dispatched. We will refund any monies to you within a maximum of 30 days of receiving your cancellation notice. Where Products have already been loaded or dispatched, cancelled orders will be subject to a 30% re-stocking surcharge if collected by Corker and a 20% re stocking charge if brought back by the customer.
4.8 Where you fail to return the Products to us, we shall be entitled to charge you the 30% restocking fee for collecting the Products from you. We reserve the right to deduct such costs from any refund due to you.
4.9 Once we have sent your order or you have collected it, you may return the goods for a full refund, without giving a reason, provided the goods are with the original packaging and same condition. You must contact us within 14 days of receiving your order to arrange this, after the 14 days and there is no contact we cannot unfortunately offer a full refund.
5.0 Corker charge a 30% re stocking fee for the collection of items and a 20% re stocking fee for items brought back by the customer. We will issue the refund when we receive the returned goods back into stock and checked by our team.
- Damaged Goods
5.1 Notification of damage, loss of goods in transit or of non-delivery must be given in writing to Corker at [email protected] within three clear days of delivery.
5.2 Any damaged or faulty products notified within this period shall be replaced by Corker at no extra cost, once the damaged or faulty products have been returned.
All other claims must be made in writing to Corker at [email protected] within 28 days of delivery. Corker shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.
6.1 Completed Orders will be sent to the delivery address that you have given on your Order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
6.2 Corker shall bear all risk in respect of consignments until delivered to the Customer. Once an Order has been received by you, all risk of damage to, or loss of, the Products shall pass to you.
6.3 We shall be entitled to (a) deliver a completed Order in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an order.
6.4 Delivery dates are approximate only and not an essential term of the Agreement. Corker shall have no liability in respect of delay in delivery to the Customer.
6.5 We only deliver to the kerbside. However, in the event that the Customer requires us to deliver on their private property. This will be at the discretion of the driver/management and may be refused and will be subject to the Customer indemnifying Corker against all damages.
6.6 Should Corker not receive delivery instructions or b) be unable through no fault of Corker to effect delivery within 30 days after notification to the Customer that items are ready for despatch, the Customer shall take delivery or arrange for storage. Should the Customer fail to take delivery or arrange for storage, we shall be entitled to arrange storage either at our own works or elsewhere on your behalf and all charges for storage, for insurance or for demurrage shall be payable by you.
6.7 If delivery of special orders are delayed through no fault of Corker, the customer will be invoiced in full 30 days after the agreed delivery date, regardless of delivery having been made or not.
6.8 Storage and transport cost fees will also be charged for all special-order deliveries where the delay is in excess of 30 days from agreed delivery date.
6.9 As a rule, delivery locally (17 mile radius) is made by Corker lorries and can be craned to any safe hard standing within reach of the lorry. Pallet delivery is made to kerbside only and will be unloaded from the back of the vehicle using a tail-lift (a platform that lowers down). The pallets are then rolled off the vehicle; therefore it is very important that the ground is level and hard such as tarmac or concrete. Grass, compacted soil and gravel are not suitable areas for unloading.
6.9.1 Our vehicles do not drive across fields or unmade roads. If you wish to have delivery across a field, you accept liability for any damage made to our vehicle. If the vehicle becomes stuck when crossing the field under your instruction, then you must arrange and pay for an immediate vehicle recovery. Our charge for a vehicle being held up in this manner is £50+VAT per hour.
6.9.2 If you wish for any vehicle to leave the public road and enter your property or premises of delivery then you accept liability for any damages caused to the property, vehicle or other. If we or our agent cannot gain access to the delivery address, you may incur additional costs. Deliveries are made using large vehicles and it is your responsibility to inform us about a potential access problem. When in our opinion delivery is impossible, we reserve the right to cancel the order.
6.9.3 It is also not possible to lift goods over any walls, fences, hedges etc. Crane offload is only available within a 17-mile radius of the Corker depot located near Paddock Wood, Kent, UK. Please see our Delivery page for more information.
6.9.4 Loose loads of product are delivered on a vehicle with a gross weight of 3.25 tonnes to 18 tonnes maximum. It is therefore your responsibility to find a suitable delivery point for loose product loads to be tipped off.
6.9.5 Half bulk bags are only available for free delivery within our a 13 mile radius by Corker lorries.
7.1 The Customer shall indemnify Corker and keep Corker indemnified against any liability to any third party arising out of or connected with the Customer’s use of the Products.
7.2 The Customer hereby indemnifies and holds harmless Corker against all claims, demands, losses, damages, costs or expenses howsoever arising incurred by Corker in connection with the Agreement as a result of a breach by the Customer of any provision of this Agreement, law or regulation.
8.1 Charges shall be based upon the Customer paying the Contract price as specified in the Order Confirmation.
8.2 For cash sales all Payment must be received prior to delivery.
8.3 Charges are based upon the Customer paying for the Products in advance including a 2% fee for when using a commercial credit card.
8.4 This contract is divisible. Each individual delivery made shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment
9.1. Subject to any special terms (Customers with Credit Accounts) which we may agree with you in the Order Confirmation or otherwise in writing the Customer is expected to make full payment in advance. Please note the Order will only be processed when the payment has cleared.
9.2 Time of payment shall be of the essence of the Agreement. You shall not be entitled to set off or withhold any payment for any reason whatsoever.
9.3 If you fail to make payment within the period specified in clause 8.1 then, without prejudice to any other right or remedy available to us, we shall be entitled to:-
9.3.1 Suspend any further service provision to you and/or suspend performance of the Services; and/or
9.3.2 Cancel the Agreement
9.4 The Customer shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Corker. All payments made are non-refundable.
9.6 Corker may pass on overdue invoices to professional debt collectors.
9.7 All Products supplied shall remain the property of Corker until payment is made in full or all sums due under all contracts and/or agreements between Corker and the Customer.
9.8 All quotations issued by email or through the website will be valid for 30 days from the date the issued.
- Amendments to Contract
10.1 Should the Customer require a change to any aspect of an Order or in or any other aspect of this Agreement, such change shall be requested in writing. Corker shall advise the Customer of the effects including any increase in the Charges which may result, and the Agreement shall be modified to reflect such changes.
- Product Characteristics
11.1 The nature of our products means that the look, colour, tone, and texture may vary resulting in the actual product differing in shape, size and appearance from the samples provided the photographs in our brochure or website.
11.2 It is strongly recommended that Customers request physical samples from any range before placing orders.
11.3 The Customer is responsible for ensuring that the goods are suitable for their intended purpose and no warranty condition or representation is given by the Corker as to the fitness of the goods for any particular purpose unless otherwise expressly agreed.
11.4 The goods are sold on the express understanding that they are subject to formation characteristics, variation in colour, texture and markings and are all part of the makeup and appeal of our products.
- Disclaimer and Limitation of Liability
12.1 Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, expressed or implied, statutory, or otherwise, as to the condition, quality, performance, durability, or fitness for purpose of the Products is given or assumed by us and all such warranties, conditions, undertakings, and terms are hereby excluded insofar as permitted by law.
12.2 We shall not in any case be liable to you or to any other party for direct, special, incidental, consequential indirect or similar loss or damages (including all manner of costs, fees, and expenses) arising from breach of warranty, breach of contract, negligence, or any other cause.
12.3 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Corker Outdoor Ltd becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Corker Outdoor Ltd negligence) or otherwise, will not exceed the value of the Order.
12.4 Corker shall have no liability for delay or for any effect upon the quality of the Service caused by external activities, third party failures or problems suffered as a result of the Customer’s internal communication or the lack of accessibility or cooperation of the Customer.
13.1 Each party will keep confidential any Confidential Information disclosed to it by the other. Neither party will disclose any Confidential Information to any third party, save to its agents, subcontractors, advisers or to an employee who needs to have access to such Confidential Information in connection with the performance of any obligations under the Customer Agreement, PROVIDED THAT the disclosing party will be responsible for ensuring that any person to whom it makes any such disclosure complies with this Clause
13.2 This Clause 13 shall survive termination of this Agreement.
- Cancellation by Us
14.1 Corker may without prejudice to its other rights be immediately entitled to suspend or cancel each or any of its contracts with the Customer upon the occurrence of any of the following:
14.1.1 The Customer shall fail to make payment of any sum owing on the due date or commits any act of bankruptcy or makes any arrangements with its creditors or if any execution or distress is levied upon the goods of the Customer; or
14.1.2 Being a body corporate shall have a receiver or administrative receiver appointed or if any petition be presented for an administration order or if any petition be presented or resolution passed for the winding up of the same (otherwise than for the purpose of a bona fide amalgamation or reconstruction) or Compounds with its creditors or becomes insolvent or any step is taken to proceed to such winding up or receivership or if any court order is made upon or against any of the Customer’s property or anything similar or analogous to the foregoing occurs in any jurisdiction other than England; or
14.1.3 The Customer makes default in respect of any of its obligations under any of its contracts with Corker. Any occurrence of the above events shall render all amounts owing in respect of goods sold by Corker to the Customer to become immediately due and payable.
14.2 We reserve the right to cancel the contract between us if: (i) we have insufficient stock to deliver the Products you have ordered; (ii) we do not deliver to your area; or (iii) one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error or change in the pricing information.
14.3 If we do cancel your Order, we will notify you by e-mail or by letter and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your Order.
14.4 In the event of cancellation, Corker reserves the right to retrieve all property belonging to Corker.
14.5 Ethical clause – Corker will not tolerate duplicity, deceit or pretence regards the parties using the Service, or in any way abusing the Service, reserving the right to terminate services as a result of such behaviour.
14.6 Corker has the right to terminate services if the Customer consistently damages or intentionally or unintentionally damages Products over a sustained period.
- Force Majeure
15.1 Corker shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Services, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
15.1.1 act of god, explosion, flood, tempest, fire or accident; weather.
15.1.2 war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition;
15.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority;
15.1.4 import or export regulations or embargoes;
15.1.5 strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or
15.1.6 technical problems, external circumstances preventing suppliers delivering against deadlines or preventing delivery of 3rd party against agreed commitments.
- Intellectual Property rights and ownership
16.1 Unless otherwise agreed in writing, any intellectual property rights arising out of this Agreement shall vest in Corker. The Customer is granted a non-exclusive, non-transferable, royalty-free licence to use that intellectual property for the purposes envisaged by the Agreement.
17.1 Should any dispute arise in connection with this Agreement, the parties shall attempt to settle same by negotiation however should the dispute not be resolved within 30 days of the first intimation of the dispute then parties shall attempt to settle it by Mediation, prior to court litigation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
18.1 Neither party shall assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed.
19.1 Any notice, demand or other communication given or made under or in connection with the matters contemplated by this Agreement shall be deemed to have been duly given and received;
19.1.1 if personally delivered, upon delivery at the address of the relevant party;
19.1.2 if sent by first class post, two business days after the date of posting;
19.1.3 if by email, when sent; provided that if, in accordance with the above provision, any notice, demand or other communication would otherwise be deemed to be given or made after 17:00 hours, it shall be deemed to be given or made at the start of the next business day.
19.2 Any notice personally delivered or sent by first class post shall be delivered to the address of the relevant party set out in the Order Confirmation for the Customer and on the Corker Web site for Corker.
20.1 Failure or delay by Corker in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
20.2 The illegality, invalidity, or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
20.3 The construction, validity and performance of this Agreement shall be governed by English Law and the parties submit themselves to the non-exclusive jurisdiction of the English Courts. Corker Outdoor Ltd.