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TERMS AND CONDITIONS

Corgin Ltd Standard Terms and Conditions

1.                    Definitions and Interpretations
In these Terms and Conditions the following words shall have the following meanings:-
1.1 “The Buyer” means the person who accepts the Seller’s written quotation for the sale of the Products and/or Services or whose order for the Products and/or Services is accepted by the Seller.
1.2 “Services” means the Services or any part completed work in connection with a service which the Seller supplies in accordance with these terms;
1.3 “The Products” means the Products (including any instalment of the Products or any parts for them) which the Seller supplies in accordance with these terms;
1.4 “The Seller” means Corgin Limited (Company Registration Number 6218442) at Registered Address Bellasis Street Stafford ST16 3DD;
1.5  “Contract” means the Contract for the provision of Products and/or Services to the Buyer;
1.6 “Terms” means the standard terms and conditions set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Buyer and the Seller;
1.7 “Writing” and any similar expression includes facsimile transmission and comparable means of communication but not electronic mail
1.8 “The Quotation” means the Seller’s quotation for Products and/or Services  in a format as specified and/or varied by the Seller from time to time or Buyer’s written order (if accepted by the Seller):-
Subject in either case to these Terms, which shall constitute the entire agreement between the Seller and the Buyer in respect of all contracts to supply Products and/or Services and shall supersede all previous agreements and understandings between the parties, exclude any other terms and conditions that may be submitted by the Buyer in a later document purporting to exclude any of the Terms save as provided for within these Terms.
For the avoidance of doubt the Seller will only be deemed to accept the Buyer’s written order if the Seller has confirmed acceptance of the order in writing by the issue of an Order Acknowledgement to the Buyer and in such circumstances such orders shall be subject to these Terms.
1.9 “Ex works” means ex works Bellasis Street Stafford ST16 3DD
1.10 “Order Acknowledgement” means the Sellers confirmation of order for Products and/or Services issued in a format as specified and/or varied by the Seller from time to time.
1.11 Any reference in these Terms to a provision of any statute shall be construed as reference to that provision, as amended, re-enacted or extended at the relevant time;
1.12 Words denoting one gender include all genders;
1.13 The headings set out in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms;

2. Agreement for the provision of Products and/or Services
2.1 The Seller shall provide the Products and/or Services to the Buyer in accordance with the description specification outlined in the Quotation and/or the Order Acknowledgement which shall form the Contract between the Seller and the Buyer (“the Contract”)
2.2 No variation to these Terms shall be binding upon the parties unless specifically agreed in Writing by the Seller;
2.3 The Seller’s employees or agents are not authorised to make representations concerning the Products and/or Services unless confirmed in Writing by the Seller.  In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.4 Any advice or recommendation provided by the Seller or its employees or agents to the Buyer or its employees or agents as to ancillary matters outside of the scope of the Products and/or Services which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any loss whatsoever or howsoever arising for such advice or recommendation which is not so confirmed;
2.5 Any typographical, clerical or other omission in any Quotation, Order Acknowledgement, price list or other literature or documentation issued by the Seller shall be subject to correction without any liability on the part of the Seller;
2.6 Any descriptions and illustrations contained in the Seller’s advertisements, brochures, literature or other communications to the Buyer is intended merely to present a general idea of the Products and/or Services and nothing contained in any of them will form part of the Contract;
2.7 All drawings, documents and other information provided by the Seller to the Buyer are provided on the express understanding that the information contained therein is strictly confidential and will not be disclosed, copied or made available to third parties and will only be used in connection with the Products and/or Services in respect of which they relate.

3.                    Orders and Specifications
3.1 No order submitted by a Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller by issuing an Order Acknowledgement;
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Product and/or Services within a sufficient time to enable the Seller to perform the Contract in accordance with its Terms;
3.3 The quantity, quality and description of any of the Products and/or specification of the Services shall be those set out in the Seller’s Quotation or the Buyer’s order (if accepted by the Seller by issue of an Order Acknowledgment);
3.4 The Seller reserves the right to make changes to the specification of the Product and/or Services which are required in order to conform with any applicable statutory or EU requirements;
3.5 No order which has been accepted by the Seller by issue of an Order Acknowledgement to the Buyer howsoever transmitted may be cancelled by the Buyer except with the agreement in Writing of the Seller and on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the costs of labour and any materials actually purchased) in order to provide the Products and/or the Services, damages,  charges and expenses incurred by the Seller as a result of such cancellation;

4.                    The Price and Fees for the Products and Services
4.1 The price of the Products and/or fees for any Services shall be the Seller’s quoted price and/or quoted fee or where no price/fee has been quoted (or a quoted price/fee is no longer valid) the price/fee listed in the Seller’s published price list current at the date of acceptance of the Buyer’s order by issue of an Order Acknowledgement.  Where the Products are supplied for export from the United Kingdom the Seller’s published export price/fee list shall apply.  All prices and/or fees quoted are valid for 30 days only (after which time they may be altered by the Seller without giving notice to the Buyer).
4.2 The Seller reserves the right by giving written notice to the Buyer at any time before delivery of the Products or completion of any Services to increase the price of the Products and/or the Fee for the Services to reflect any increase in the cost to the Seller of providing the Products and/or the Services which is due to a factor beyond the control of the Seller such as but without limitation provision of materials, increased costs in labour, an alteration of the specifications of the Buyer for the Products and/or Services requested by the Buyer, a change in the timescales specified for completion of the Services and/or delivery of the Products imposed by the Buyer, any foreign exchange fluctuation, currency regulation or alteration of duty, increase in the cost of manufacture or failure of the Buyer to provide adequate information or instructions within a reasonable period of time to allow performance by the Seller in respect of the Products and/or Services required, failure of the Buyer to provide adequate facilities and a reasonable period of time in relation to installation of Products and /or work in connection with Services such facilities to include but shall be limited to adequate power, water and air supply;
4.3 Except as otherwise stated in the Quotation and/or Order Acknowledgement or in any price/fee list of the Seller from time to time in place and unless otherwise agreed in Writing between the Buyer and the Seller all prices are given by the Seller on an Ex Works basis and where the Seller agrees to deliver the Products at the Buyer’s premises the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance;
4.4 The price for Products and/or fees for Services are exclusive of any applicable Value Added Tax which the Buyer shall be additionally liable to pay to the Seller unless otherwise agreed in writing between the Buyer and the Seller;

5.                    Terms of payment
5.1 Charges for the Products and/or Services supplied by the Seller shall be paid in full on provision of an invoice following delivery of the Products and/or completion of the Services or alternatively at agreed periods specified in writing with the Seller;
5.2 In the case of capital equipment the Buyer shall pay to the Seller 40% of the cost of the Products at the point of order, and the balance within 14 days after the date of delivery;
5.3 An application for the opening of a credit account with the Seller shall include an undertaking by the Buyer that they have read and agreed with the Terms and in such circumstances the Buyer shall make payments to the Seller within 30 days of the date of an invoice;
5.4 When the Services and/or Products are provided or payment in respect thereof is to be made by agreed instalments the failure of the Buyer to pay any instalment at the agreed time shall entitle the Seller to treat such failure as a repudiation of the whole Contract by the Buyer and will entitle the Seller to recover damages for such breach of Contract;
5.5 Payment shall be made in sterling unless otherwise agreed in writing between the Buyer and the Seller;
5.6 If the Buyer fails to make any payment on the date due in accordance with an invoice rendered by the Seller then without limiting any other right or remedy available to the Seller the Seller may:-
5.6.1 Cancel the Contract and suspend the delivery of further Products or any further Services to the Buyer;
5.6.2 Appropriate any payment made by the Buyer for such of the Services and/or Products supplied under any other Contract between the Buyer and Seller as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
5.6.3 Charge the Buyer interest (both before and after judgement) on the amount unpaid at the rate of 4% per annum above the base rate of The Royal Bank of Scotland from time to time in force until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5.6.4 Reserve the right to remove any discount arrangement provided to the Buyer however supplied on any overdue payment.
5.7 Receipts for payment will only be issued on request;

6.                    Delivery
6.1 Delivery of the Products shall be made by the Buyer collecting the Products at the Seller’s premises at any time after the Seller has notified the Buyer that the Products are ready for collection or if some other place for delivery is agreed by the Seller, by the Seller delivering the Products to that place;
6.2 Any dates quoted for delivery of the Products are approximate only and the Seller shall not be liable for any delay in delivery of the Products howsoever caused.  Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing.  The Products may be delivered by the Seller in advance of the delivery date specified in the Quotation and/or Order Acknowledgement on giving reasonable notice to the Buyer;
6.3 Where Products are to be delivered by instalments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Terms or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated;
6.4 If the Seller fails to deliver the Products (or any instalment) for any reason other than any cause beyond the Seller’s reasonable control which shall include but is not limited to war, riot, explosion, fire, flood, strike, lock out, shortage of materials or labour, or the Buyer’s fault and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Products to replace those not delivered over the price of the Products;
6.5 If the Buyer fails to take delivery of the Products or fails to give the Seller adequate delivery instructions at the time stated for delivery (or otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the  Seller’s fault) then without limiting any other right or remedy to the Seller, the Seller may:-
6.5.1 store the Products until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage, or;
6.5.2 sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer any shortfall below the price under the Contract.
6.6 In the event that on delivery of the Products the Buyer discovers that the Product or any of them are faulty, the Buyer agrees to notify the Seller of the same within 48 hours.  The Buyer expressly agrees not to incorporate the same in to any manufacturing process and the Seller shall have the option at their sole discretion to remedy and/or collect and replace the said Products within a reasonable time period from the date the Buyer notifies the Seller of a defect in writing.

7.                    Risk and Property
7.1 Risk of damage to or loss of the Products shall pass to the Buyer:-
7.1.1 in the case of Products to be delivered at the Seller’s premises at the time when the Seller notifies the Buyer that the Products are available for collection; or
7.1.2 in the case of Products to be delivered otherwise than at the Seller’s premises at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Products at the time when the Seller has tendered delivery of the Products;
7.2 Notwithstanding delivery and the passing of risk in any of the Products or any other provisions of these terms, the property in all the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price for all the Products and all other items and/or Services agreed to be sold by the Seller to the Buyer for which payment is then due;
7.3 Until such time as the property in the Products passes to the Buyer the Buyer shall hold the Products as the Seller’s fiduciary agent and bailee, and shall keep the Products separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Products in the ordinary course of its business;
7.4 Until such time as the property in the Products passes to the Buyer (and provided the Products are still in existence and have not been resold) the Seller may at any time require the Buyer to deliver up the Products to the Seller and if the Buyer fails to do so forthwith the Seller may enter on any premises of the Buyer or any third party where the Products are stored and repossess the Products;
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any of the indebtedness any of the Products which remain the property of the Seller but if the Buyer does so all monies owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.

8.                    Location for provision of Services
8.1 The provision of the Services shall take place at the property and premises as identified in the Quotation and/or Order Acknowledgement.  The Buyer may not vary the location for carrying out and completing the Services unless otherwise agreed in writing between the Seller and Buyer;
8.2 The Buyer shall ensure that adequate access and appropriate facilities which shall include but shall not be limited to adequate power, water and air supplies in connection with the Services are provided to the Seller or its employees or agents to any relevant locations and the Seller shall not be responsible for any delay caused in providing the Services to the Buyer where access is unduly restricted and/or appropriate facilities are not made available by the Buyer or any third party in such circumstances time shall not be of the essence in relation to completion of the Services as set out in the Contract;

9.                    Insurance
9.1 The Seller shall ensure that employer’s liability insurance shall be in place to a level of £10,000,000.00 (ten million pounds); public liability insurance to the value of £2,000,000.00 (two million pounds) and product liability insurance to the value of £2,000,000.00 (two million pounds)
9.2 Where the Services are provided to the Buyer at a location specified by the Buyer, the Buyer shall ensure they have a satisfactory insurance policy in place to cover the site and shall provide a copy of the relevant insurance policy on request to the Seller;

10.                 Delivery Assembly Installation and Commissioning –Warranties and Liabilities
10.1 Subject as expressly provided in these Terms and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law;
10.2 Where the Goods sold are under a Consumer Transaction (as defined by the Consumer Transaction Restrictions on Statements Order 1976) the statutory rights of the Buyer are not affected by these Terms;
10.3 The Seller shall be under no liability in respect of any defects already in existence or arising from any drawing, design, specification, operating data and/or other information supplied by the Buyer;
10.4 The Seller shall be under no liability in respect of any defect arising in relation to the Product or the Services relating to wilful damage, negligence, abnormal working conditions or failure to comply with the Seller’s instructions (whether oral or in writing) misuse or alteration to Products installed in connection with any Services after work in connection with any Services has been completed;
10.5 Where delivery, assembly, installation and commissioning of the Products supplied by the Seller is not undertaken by the Seller, the Buyer shall be responsible for delivery, assembly, installation and commissioning in accordance with any instructions relating to the Products and shall be responsible for obtaining any required instructions prior to commencing assembly, installation, commissioning or use. Failure to assemble, install and commission the Products in the manner referred to in any instructions relating to the Products will invalidate the Seller’s responsibility for damage caused to or by the Products;
10.6 A claim by the Buyer which is based on any defect in the quality of the materials used in providing the Services or their failure to correspond with agreed specification shall be notified to the Seller within seven days from the date of completion of the Services or within seven days after the date of discovery of the defect or failure and if the Buyer does not notify the Seller  accordingly the Seller shall have no liability for any defects or failure and the Buyer shall be bound to pay the price as if any Services had been delivered in accordance with the Contract;
10.7 A claim by the Buyer which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven days from the date of delivery or (where defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.  If delivery is not refused and the Buyer does not notify the Seller accordingly the Buyer shall not be entitled to reject the Products and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Products had been delivered in accordance  with the Contract;
10.8 Where a valid claim in respect of the Products and/or Services which is based on a defect in the quality of or condition of the Products and/or the Service or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may  remedy or at the Seller’s discretion replace the Products (or the part in question) or carry out work in connection with the Services free of charge or at the Seller’s sole discretion, refund to the Buyer the price of the Products and/or Services (or a proportionate part of the price) in which case the Seller shall have no further liability to the Buyer;
10.9 Except in respect of death or personal injury caused by the Seller’s negligence  or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for the loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Products and/or the Services (including delay in carrying out the Services or supplying the Products in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller or in connection with the Contract shall not exceed the price of the Products and/or fee for the Services, except as expressly provided in these Terms;
10.10 The Seller shall not be liable to the Buyer or to be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to Products and/or Services if the delay was due to any cause beyond the Seller’s reasonable control.  Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
10.10.1 act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.10.2 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority
10.10.3 import or export regulations;
10.10.4 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or a third party);
10.10.5 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
10.10.6 power failure breakdown in machinery.
10.11 Any guarantees provided by the Seller to the Buyer are limited to those of the relevant Original Equipment Manufacturer from time to time in force and shall not be applicable outside of the United Kingdom unless expressly agreed in writing between the Seller and the Buyer.  Any guarantee will be invalidated if the Products supplied by the Seller are subject to any misuse or accidental damage after the Buyer has taken delivery;
10.12 Any advice, information or opinion provided by the Seller its employees or agents relating to the use of the Products and/or is made in good faith without any specific responsibility.  The Buyer is under a duty to satisfy themselves that the Products and/or Services are suitable for the Buyer’s particular purpose.

11.                  Insolvency of the Customer
11.1 This Clause 11 applies if:
11.1.1 the Buyer makes a voluntary arrangement with its creditors or (being an individual or Firm) becomes bankrupt or (being a Company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
11.1.2 an encumbrancer takes possession, or receiver is appointed, of any of the property or assets of the Buyer; or
11.1.3 the Buyer ceases, or threatens to cease, to carry on business, or
11.1.4 the Seller reasonably apprehends that any of the events mentioned above are about to occur in relation to the Buyer and notifies the Buyer accordingly;
11.2 If this Clause applies then, without limiting any other right or remedy         available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and if the Products have been delivered but not paid for, the price shall become immediately due and payable and the Seller or their agent may enter on any premises of the Buyer or any third party where the Products are stored and repossess the Products notwithstanding any previous agreement or arrangement to the contrary.
11.3 If this Clause applies then the directors for the time being of that company shall be deemed to accept responsibility for the performance of the Buyer’s obligations under the terms of the Contract with the Seller.

12.                 Export Terms
12.1 Unless the context otherwise requires any term or expression which is defined or given a particular meaning by the provisions of the International Rules for interpretation of trade terms of the International Chamber of Commerce (“INCO Terms”) as in force at the date when the Contract is made shall have the same meaning as in these Terms but if there is any conflict between the provisions of the INCO Terms and these Terms the latter shall prevail;
12.2 Where the Products are supplied for export from the United Kingdom the provisions of this Clause 12 shall (subject to any special terms agreed in writing between the Buyer and the Seller) apply notwithstanding any other provision of these Terms;
12.3 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Products into the country of destination and for the payment of any duties on them;
12.4 Unless otherwise agreed in writing between the Buyer and the Seller the Products shall be delivered Ex Works
12.5 The Buyer shall be responsible for arranging for testing and inspection of the Products at the Seller’s premises or alternative premises notified to the Buyer by the Seller before shipment.  The Seller shall have no liability for any claim in respect of any defect in the Products, which will be apparent on inspection and which is made after shipment or in respect of any damage during transit;
12.6 Payment of all amounts due to the Seller shall be made by irrevocable letter of credit opened by the Buyer in favour of the Seller and confirmed by a Bank in the United Kingdom acceptable to the Seller or, if the Seller has agreed in writing on or before acceptance of the Buyer’s order to waive this requirement, by acceptance by the Buyer and delivery to the Seller of a bill of exchange drawn on the Buyer payable 14 days after sight to the order of the Seller at such branch of The Royal Bank of Scotland as may be specified in the bill of exchange;
12.7 The Buyer undertakes not to offer the Products for resale in or any other country notified by the Seller to the Buyer at or before the time the Buyer’s order is placed or to sell the Products to any person which the Buyer knows or has reason to believe that person intends to resell the Product to any such country.

13.                  General
13.1 Where the Buyer is a limited company the directors for the time being of that company shall indemnify the Seller in respect of all losses, liabilities costs or expenses arising or incurred by the Seller as a result of breach of any of the Terms within the Contract by that company.
13.2 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the Notice;
13.3 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision;
13.4 If any provision of the Contract is held by the Court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of the Contract and the remainder of the provision in question shall not be affected;
13.5 Any dispute arising under or in connection with the Contract or the sale of the Products and/or provision of the Services shall be referred to Arbitration by a single arbitrator appointed by agreement (or in default) nominated on the application of either party by the president for the time being of the Law Society;
13.6 The costs of such arbitration identified in sub clause 4 above shall be borne equally by the parties unless the arbitrator so nominated shall otherwise determine;
13.7 The Contract shall be governed by the Laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.

Corgin Ltd Terms and Conditions of Hire

1.                    Definitions and Interpretations
In these Terms and Conditions the following words shall have the following meanings:-
1.1 “The Company” means Corgin Ltd (Registration No. 621 8442) of Bellasis Street, Stafford, ST16 3DD, trading as Corgin;
1.2 “The Hirer” means the individual hiring the Company’s equipment in accordance with the terms of this agreement;
1.3 “The Equipment” means the plant, machinery, equipment and associated items which the Company has agreed to hire to the Hirer in accordance with the Quotation;
1.4 “The Hire Period” means the period the Equipment shall be Hired to the Hirer by the Company specified within the Quotation or commencing on the date the equipment is dispatched from the Company’s Premises until the date the Equipment is returned to the Company’s Premises or arrangements are agreed in writing and in accord with Clause 6.1 and 6.2 between the Company and the Hirer for collection of the Equipment, whichever is the longer;
1.5 “The Company’s Premises” means Bellasis Street, Stafford, ST16 3DD, or such other location as the Company shall from time to time nominate;
1.6 “The Rate of Hire” means the rate of hire specified in the Quotation;
1.7 “Quotation” means the Hire Quotation in the format annexed hereto at Schedule 1and/or specified by the Company as may be varied from time to time by the Company;
1.8 “The Hire Contract” means the Contract for the Hire of the Equipment;
1.9 “The Terms of Hire” means the terms of hire as set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Company and the Hirer;
1.10 “Corgin’s Standard Terms and Conditions” means the Company’s standard Terms and Conditions from time to time in force;
1.11 “Writing” and any similar expression includes facsimile transmission and comparable means of communication but not electronic mail;
1.12 A reference within these Terms of Hire to any provision of statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time;
1.13 Words denoting the singular include the plural and vice versa;
1.14 Words denoting one gender include all genders;
1.15 The headings set out in these Terms are for convenience only and shall not affect the interpretation or construction of the document;
1.16 These Terms shall be deemed to incorporate Corgin’s Standard Terms and Conditions where there is a conflict between those conditions and these Terms of Hire, the Terms of Hire shall prevail.

2.                    The Equipment
2.1 The Company shall supply to the Hirer the Equipment in good working order;
2.2 The Hirer shall agree to and sign the Schedule recording the condition of the Equipment at the date of commencement of the Period of Hire (“the Condition Schedule”) as prepared by the Company, its employee, representative or agent.

3.                    Location
3.1 The Equipment must be located on the site or property referred to in the Quotation and must not be relocated to an alternative site without written consent of the Company;
3.2 In the event that the Equipment is relocated to an alternative site, the original Hirer is still recognisable to fulfil all obligations as though the relocation had not taken place.

4.                    Insurance
4.1 The Hirer must ensure that the Equipment is insured to its full replacement value with a comprehensive insurance policy supplied by an insurer of repute during the Hire Period or until it is collected by the Company or returned the Company’s Premises;
4.2 The Hirer agrees to pay all premiums due for such insurance when due and comply with all requirements and conditions of the insurers;
4.3 The Hirer will not do or omit to do anything that could cause any policy of insurance on or in relation to the Equipment to become void or voidable wholly or in part (unless the Hirer shall have previously notified the Company and  agreed to pay an increased premium)or carry out any act or omission by which additional insurance premiums shall become payable;
4.4 If during the Hire Period the Equipment or any part of the Equipment is damaged or destroyed by any insured risk and the insurance money under the policy of such insurance effected by the Hirer is by any reason of act or default of the Hirer or employees, agents and nominees wholly or partially irrecoverable immediately in every such case (at the option of the Company) the Hirer shall either replace the Equipment or the part destroyed or damaged to the reasonable satisfaction of the Company or to pay to the Company on demand the cost of replacement of the Equipment as the Company shall reasonably determine.

5.                    Maintenance Operation and Use of the Equipment
5.1 The Hirer shall ensure before using the Equipment that they are familiar with all instructions and safety literature available from the Company and will ensure that all employees and agents using the Equipment are supplied with such information;
5.2 The Hirer will be responsible for ensuring that all users and operators of the Equipment have full and valid licences as required by law, as well as all relevant training in order to operate the Equipment;
5.3 The Hirer will be responsible to ensure that any power supply and overload protection required is provided and matched to the equipment specification;
5.4 The Hirer will be responsible to keep the Equipment in a good state of repair and condition and ensure that any servicing requirements of the Equipment are maintained in accordance with the manufacturers and/or the Company’s recommended guidelines. Evidence of having carried out such servicing requirements must be clearly recorded in writing. Maintenance check sheets may be supplied by the Company to facilitate this where appropriate. The Hirer agrees that any overdue maintenance, faults or repairs will be for the Hirer’s account should they need to be provided by the Company during and/or after the period of hire.
5.5 The Hirer shall not make any alterations additions or modifications to the Equipment whatsoever;
5.6 The Hirer shall only use consumable products in connection with the running and operation of the Equipment as specified from time to time by the Company.
5.7 In the event the Equipment suffers a breakdown or malfunction this must be notified to the Company by the Hirer immediately;
5.8 Should the Equipment fail to work during the Hire Period due to mechanical breakdown or malfunction which is not caused as a result of any act or omission of the Hirer and on the request of the Hirer, no charge for the hire of the Equipment need be made by the Company from the date and time when the breakdown or stoppage occurs until the date the defect is remedied, subject at all times to minimum hire charges as stated in the Quotation;
5.9 The Company shall be responsible for either repair or replacement of failed Equipment should the issues identified in Clause 5.7 arise, subject to the Hirer providing ample and written evidence of the Hirer’s compliance with Clauses 5.1 to 5.6;
5.10 The Hirer will allow the Company their employees agents or representatives full and clear access to the Equipment during the Company’s usual hours of business in order to carry out assessment and repair work as necessary to the Equipment;
5.11 In the case of wheeled Equipment the Hirer will be responsible for repair of punctures or replacement of tyres as required;
5.12 Should damage, breakdown or malfunction occur to the Equipment due to the fault of the Hirer, the Hirer shall be responsible for reimbursement of all costs incurred by the Company in connection with remedying the defect;
5.12 The Hirer will notify the Company immediately if the Equipment is damaged by an insured risk or otherwise.

6.                    Offhire and return of the Equipment on completion of Hire
6.1 A one week offhire notice period is required to allow time for arranging decommissioning and/or transport.  Failure to provide this will make the Hirer liable for additional hire charges as detailed in Clause 7.2;
6.2 Notice to offhire must be given in Writing, or if accepted by the Company, by electronic mail;
6.3 The Equipment shall be returned to the Seller’s Premises in no worse state of repair than as evidenced by the Condition Schedule (fair wear and tear accepted) as determined by the Company and if the Equipment shall fail to meet the condition as identified in the Condition Schedule the Company shall be entitled to charge the Hirer reasonable costs towards repair or replacement

7.                    Payment
7.1 The Hirer will ensure payment is made at the Rates of Hire in the instalments agreed between the Company and the Hirer in the Quotation;
7.2 Regardless of whether or not the Hirer has a valid order number to cover ongoing hire of the Equipment, the Rate of Hire will continue to be invoiced by the Company and will be payable by the Hirer for the full Hire Period;
7.3 In the event of a failure to pay the Rates of Hire on the instalment dates specified in the Quotation the Company may:
7.3.1 Cancel the Hire Contract with immediate effect and require the Hirer to deliver up the Equipment to the Company and in the event the Hirer fails to do so forthwith the Company may enter into any premises of the Hirer or any Third Party where the Equipment is stored and retrieve the equipment and/or;
7.3.2 Charge the Hirer interest on the amount unpaid at the rate of 4% per annum above the base rate of The Royal Bank of Scotland from time to time in force until payment in full is made

8.                    Insolvency of the Hirer
8.1 This Clause 8 applies if:
8.2 The Hirer makes a voluntary arrangement with its creditors or (being an individual or Company) becomes bankrupt or (being a Company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
8.3 An encumbrancer takes possession, or receiver is appointed, of any of the property or assets of the Hirer; or
8.4 The Hirer ceases, or threatens to cease, to carry on business, or
8.5 The Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Hirer and notifies the Hirer accordingly;
8.6 If this Clause applies then, without limiting any other right or remedy available to the Hire, the Hirer may cancel the Contract without any liability to the Hirer and the provisions of Clause 7.2.1 hereof shall apply;

9.                    Warranties and Liability
9.1 The Company shall be under no liability in respect of any defect arising in relation to the Equipment relating to wilful damage, negligence, abnormal working conditions, or failure to comply with the Company’s instructions (whether oral or in writing) misuse and/or use of the Equipment and/or use of consumable products used in connection with the running and operation of the Equipment not specified by the Company;
9.2 Where assembly, installation and/or commissioning of the Equipment supplied by the Company is not undertaken by the Company, the Hirer shall be responsible for assembly, installation and/or commissioning in accordance with the Company’s instructions and shall ensure that such instructions have been obtained from the Company.  Failure to assemble and/or install and/or commission the Equipment in the manner prescribed in the verbal or written instructions supplied with the Equipment and/or by the Company will invalidate any of the Company’s responsibility for damage caused to or by the Equipment;
9.3 A claim by the Hirer which is based on any defect in the quality of the Equipment or their failure to correspond with agreed specification shall be notified to the Company within seven days from the date of commencement of the Hire Period or within a period of seven days after discovery of the defect or failure and if the Hirer does not notify the Company accordingly the Company shall have no liability for any defects or failure and the Hirer shall be bound to pay the Rate of Hire specified in the Quotation as if the Equipment had been delivered in accordance with the Hire Contract;
9.4 Subject as expressly provided in these Terms of Hire and except where the hire of Equipment is made to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law;
9.5 Where the hire service is supplied under a Consumer Transaction (as defined by the Consumer Transaction Restrictions on Statements Order 1976) the statutory rights of the Hirer are not affected by these Terms;
9.6 Where a valid claim in respect of the Equipment which is based on a defect in the quality of or condition of the Equipment or their failure to meet specification is notified to the Seller in accordance with these Terms, the Company may replace the Equipment free of charge in which case the Company shall have no further liability to the Hirer;
9.7 Except in respect of death or personal injury caused by the Company’s negligence or liability for defective products under the Consumer Protection Act 1987, the Company shall not be liable to the Hirer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for the loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the hire of the Equipment (including delay in providing the Equipment in accordance with the Hire Contract or at all) the entire liability of the Company or in connection with the Contract shall not exceed the Rate of Hire for the Hire Period;
9.8 The Company shall not be liable to the Hirer or to be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Equipment if the delay was due to any cause beyond the Company’s reasonable control.  Without limiting the foregoing, the following shall   be regarded as causes beyond the Company’s reasonable control:
9.8.1 Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.8.2 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.8.3 import or export regulations;
9.8.4 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or a third party);
9.8.5 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
9.8.6 power failure breakdown in machinery.
9.9 Any advice, information or opinion provided by the Company its employees or agents relating to the use of the Equipment is made in good faith without any specific responsibility. The Hirer is under a duty to satisfy themselves that the equipment is suitable for the Hirer’s particular purpose.

10.                 General
10.1 A Notice required or permitted to be given by either party to the other under the terms of this Agreement shall be in writing addressed to that other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to the provision to the party giving the Notice;
10.2 No waiver by the Company of any breach of the Agreement by the Hirer shall be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement;
10.3 Should any provision of this contract be held by a Court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the remainder of the provisions in question shall not be affected;
10.4 This contract shall be governed by the Laws of England and the Hirer agrees to be subject to the non-exclusive jurisdiction of the English Courts;
10.5 Any dispute arising under or in connection with this Hire Contract shall be referred to Arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the president for the time being of the Law Society the costs of such arbitration to be borne equally by the parties or as determined by the said arbitrator

Corgin Ltd Email Terms and Conditions

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