|
|
Terms of Use
This
Agreement is made on the date set out below between the Subscriber
(specified in Part 1 of the Application) and UK Guild of Master
Tradespeople hereafter referred to as UKGMT.
1. The Subscriber hereby applies for membership to the UKGMT. Should
the Application be refused The UKGMT is under no obligation to give the
reason for refusal.
The Signatory of the Subscriber below confirms that they have the
authority to enter into this Agreement on behalf of their company.
2. The Initial Term of this Agreement shall be one year from the date
that the Agreement is entered into by the Subscriber and shall continue
from year to year (subject to clause 4 below) unless and until
determined by the Subscriber giving to the UKGMT not less that 28 days
notice in writing to expire at the end of any one year period (subject
to clauses 6 below). Such written notice must be sent by Registered or
Recorded Delivery Post to;
UK Guild Of
Master Tradespeople
145 - 157 St John Street
London
EC1V 4PW
or such other
address as may be supplied to the Subscriber from time to time.
3. The Subscriber shall as from the date that the Agreement is signed
by the Subscriber and on each subsequent anniversary (subject to clause
2 above) pay to The Confederation the sum(s) specified in Part 5 of the
Application during the continuance of this Agreement together with any
additional fees for additional services and/or materials as may be
requested by the Subscriber at the published rates which may vary from
time to time.
4. The UKGMT (at its sole discretion) shall have the right to terminate
this Agreement at any time by giving notice in writing to the
Subscriber in the event that:-
(i) the Subscriber does not abide by the Terms and Conditions of the
Code of Conduct, or
(ii) the Subscriber fails to acquire all relevant liability insurance
cover(s), or
(iii) a payment due to The UKGMT remains unpaid after becoming due, or
(iv) the references taken up by The UKGMT lead The UKGMT to conclude
that the Subscriber is not suitable for membership of The UKMT.
The UKGMT shall not in any case be liable for indirect or consequential
damages or for the loss of a particular market (whether held daily or
at interval) or contract or the goodwill of a customer whether or not
the same has been caused or contributed by the negligence of The UKGMT
or any of its agents or the determining of this Agreement. No claim may
be brought by the Subscriber unless all of The UKGMT fees have been
paid in full. A claim or counter claim shall not be made the reason for
withholding or deferring payment of monies payable to The UKGMT.
5. On acceptance of this Membership Agreement Application by The UKGMT,
the Subscriber will become a member of The UKGMT which shall be
notified to the Subscriber and which may be varied from time to time.
The use of certain benefits may be subject to the normal Terms and
Conditions of the benefit providers and therefore The UKGMT can offer
no guarantee that the subscriber will be able to use such benefits.
Oral representation of the benefits and services shall not be deemed
valid unless confirmed by the UKGMT in writing. The UKGMT accepts no
liability for its members work and the Subscriber shall not in any way
lead its customers to believe otherwise. The Subscriber may display The
UKGMT emblem on its vehicles, literature, premises and advertising.
6. In the event that the Subscriber determines this Agreement pursuant
to clause 2 above the Subscriber shall:
(i) be responsible for cancelling all further payments which may have
been arranged through Standing Order, Credit Card Mandate or other
payment method. Should the UKGMT receive a payment subsequent to a
Notice of Termination, the UKGMT shall view this as an instruction to
renew the Subscription membership for a further year on the same Terms
and Conditions as this Agreement, such period to commence with the date
that the payment is received by the UKGMT. Refunds made as a result of
payment being received by the UKGMT due to uncancelled Bankers Order by
the Subscriber will be reduced by an administration fee.
(ii) Ensure that from the day after the date of expiry of the Notice,
no use shall be made of the benefits offered by the UKGMT (including
any specially negotiated rates or preferential terms etc.) and that the
Subscriber ceases to use any of the services offered by any of the
benefit suppliers which the UKGMT has introduced for a period of one
year. The Subscriber shall remove and cease to use the UKGMT’
emblem on its vehicles, literature, premises and advertising. Should it
be found that any of the benefits (including any specifically
negotiated rates or preferential terms etc.) and/or emblem, are being
used by the Subscriber, the UKGMT shall have the option to renew the
Subscribers membership for a further year on the same Terms and
Conditions as this Agreement, such period to commence with the date of
expiry of the Notice and the Subscriber will be required to pay the
fee(s) specified in Part 5 of the Application. Benefit Suppliers shall
have the right to automatically deduct the Annual Membership Fee from
the Subscriber and pay it to the UKGMT.
7. On entering into this Agreement, the Subscriber confirms that the
details provided within the Application are accurate and that all the
relevant information has been disclosed. The Subscriber shall inform
the UKGMT in writing of any changes within 28 days of the change
occurring.
8. If the Annual Subscription Fee is funded by a third party then they
will advise the Subscriber of the cost of membership renewal together
with the payments required to be made for the forthcoming period and
will allow you a period of time in accordance with your agreement with
the third party in which to cancel the financing facility with them.
9. If any provision in this Contract should be held to be invalid such
provisions shall be severed and the remaining provisions shall continue
to have full force and effect.
10. This Agreement shall be governed by the Laws of England and Wales
and the parties hereby submit to the non-exclusive jurisdiction of the
Courts of England and Wales; in particular the Uxbridge County Court or
High Court of Justice, Strand, London shall be the specific court of
jurisdiction.
11. This Agreement constitutes the entire agreement between The UKGMT
and the Subscriber in respect of The UKGMT and its services and no
representation, statement, warranty or condition not expressly
contained in this Agreement or incorporated herein by reference shall
be binding upon the UKGMT as a warranty or otherwise.
Data Protection Act: From time to time other companies may be invited
to supply details of their services directly to members.
By entering into the Agreement, The Subscriber confirms that the Terms
and Conditions of this agreement and the Code of Conduct have been read
and understood
Code of Conduct
“Trades” Members of The UKGMT have agreed to abide by the
following Code of Conduct:
1. To conduct themselves in a courteous and professional manner.
2. Prior to them commencing work, to issue a detailed written estimate
or quotation including settlement terms together with detail of any
stage payments as may be required.
3. Not to involve the customer in additional cost without consultation
and agreement from the customer and to confirm such alterations in
writing.
4. To hold relevant public liability insurance cover and to ensure that
it is current and paid up.
5. To ensure that all work is undertaken or closely supervised by
suitably qualified or experienced personnel.
6. To advise customers of start and finish dates and to keep the
customer informed of any potential delays as they become apparent.
7. The UKGMT accepts no liability for its members work and the member
shall not in anyway lead the customer to believe otherwise.
8. At the completion of the job, the customer will be asked to inspect
the work and any unsatisfactory element will be rectified at no
additional cost prior to an invoice being issued. Following completion
any subsequent fault found in the work resulting from the member's
oversight will be rectified at no charge.
9. Invoices will be issued promptly and will again state the settlement
terms.
10. Should a dispute arise between the customer and the member the
UKGMT offers the parties mediation to a reasonable level and thereafter
an adjudication facility. The member will in such circumstances
co-operate with the UKGMT or it' appointed agent and abide by their
decision.
11. If the member refuses to abide by the decision of the UKGMT, the
member is liable to immediate expulsion without refund of subscription
and the immediate withdrawal of the benefits of belonging. The UKGMT
shall be entitled at its sole discretion to provide the customer with
any finding made during the mediation/arbitration process and such
other assistance as it thinks fit (whether in terms or finance or legal
advice) in any legal proceedings brought by the customer against our
member.
"Retail Members of The UKGMT have agreed to abide by the following Code
of Conduct:
1. To conduct themselves in a courteous and professional manner.
2. To hold relevant public liability insurance cover and to ensure that
it is current and paid up.
3. To ensure that all staff are trained to a reasonable standard and
that they are supervised by suitably qualified or experienced personnel.
4. The UKGMT accepts no liability for it's members services or goods
and the member shall not in anyway lead the customer to believe
otherwise.
5. To settle any complaint in a speedy and equitable manner.
6. Should a dispute arise between the customer and a member, the UKGMT
offers the parties mediation and arbitration facilities. The member
will in such circumstances co-operate with the UKGMT or it's appointed
agent and abide by their decision.
7. If the member refuses to abide by the decision of the UKGMT, the
member is liable to immediate expulsion without refund of subscription
and the immediate withdrawal of membership benefits. The UKGMT shall be
entitled at its sole discretion to provide the customer with any
finding made during the mediation arbitration process and such other
assistance as it thinks fit (whether in terms or finance or legal
advice) in any legal proceedings brought by the customer against our
member.
|
|