9° Network Professional Installers are recognized for their skill and dedication. Homeowners can have the confidence that any Installer listed as a 9° Network Professional Installer will complete a heating controls installation to current building regulations and Gas Safe requirements (or other accredited certification scheme). The Installer acknowledges that (save in respect of any manufacturer's warranty that the Company may supply to a homeowner or any other services that the Company agree to provide to the homeowner) the contractual relationship with any homeowner in relation to the supply and installation of the relevant heating control system is between the Installer and the relevant homeowner.
The Following terms and conditions will apply to 9° Network Programme;
1. The Installer shall execute and complete the Installation in accordance with the Agreement, in all respects to the reasonable satisfaction of the Homeowner and the Company and in conformity with all directions and requirements;
2. The Installer shall be liable for and fully indemnify and hold the company harmless against and from;
2.1 Any breach, non-observance or non-performance by the Installer, his servants or agents of any of the provisions of the Contract, in so far as they relate and apply to the Sub-Contract;
2.2 Any act or omission of the Installer, his servants or agents which involves the Company in any liability to the Homeowner/resident under the Contract;
2.3 Any costs, claims, damages, losses, expenses or indirect or consequential losses arising from the Installers failure to perform in accordance with or relating to the Installation;
2.4 Any claim, damage, loss or expense due to or resulting from any negligence or breach of duty on the part of the Installer his servants or agents;
2.5 Any loss or damage resulting from any claim under any statute in force for the time being by an employee of the Installer in respect of personal injury arising out of or in the course of the Installers participations within the programme.
2.6 Any expense, liability, loss, claim or proceedings whatsoever in respect of personal injury to or the death of any person whomsoever or in respect of any loss, injury or damage whatsoever to any property real or personal arising out or in the course of or caused by the carrying out of the Installation;
2.7 Any claim for infringement of patents, copyright or registered design or otherwise.
2.8 This Agreement is deemed to include any matters or items intended as being necessary to meet the requirements of the Installation.
3. For the avoidance of doubt the Company’s Liability is as follows;
3.1 Nothing in this agreement shall limit or exclude the Company’s liability for:
(a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) Fraud or fraudulent misrepresentation; or
(c) To the extent that any attempt by the Company to exclude or restrict liability would be unenforceable or void under the laws of the applicable jurisdiction.
3.2 Subject to Clause 31. The Company shall not in any circumstances be liable for:
a) Loss of profits;
b) Loss of business;
c) Depletion of goodwill or similar losses;
d) Loss of anticipated savings;
e) Loss of goods;
f) Loss of use;
g) Loss or corruption of data or information; or
h) Any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
3.3 Subject to Clause 3.1 the Company’s total aggregate Liability arising out of or in connection with any claim shall in all circumstances be limited to the total price of an individual installation.
4. The Installer shall exercise in the performance of its obligations under this Agreement all skill, care and diligence to be expected of a competent specialist contractor experienced in carrying out work of a similar scope, nature, size and complexity to the Agreement Works within a project of similar scope, nature, size and complexity to the project which the Agreement Works form part of.
5. The Installer shall carry out the Agreement Works so that they are fit for their purpose and in a good workmanlike manner using materials of good quality which are fit for their respective purposes and in accordance with all relevant codes of practice and British standards specifications.
6. The Installer shall be liable in respect of any defect which may occur in any previously existing installation or goods to which the Agreement Works may be connected in so far as these are adversely affected (directly or indirectly) by the Agreement Works carried out by the Installer.
7. Confidential Information means all confidential information (however recorded or preserved) disclosed by the Company. The Installer undertakes that it shall not at any time and for a period of three years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, details of customers, or Homeowners or of the Company.
8. The Installer shall not use any confidential information for any purpose other than to perform its obligations under this agreement.
COMPLIANCE WITH LAWS
9. The Installer and/or his agent(s) have complied and will comply with every applicable statute, statutory instrument, order-in-council, regulation, direction, bye-law or other lawful requirement or instruction whether of the government or any local or lawful authority. In particular the Installer and/or his agent(s) have lawfully obtained every license, permit or authority that is required in connection with the Agreement Works.
10. The Installer shall with all applicable Bribery and Corruption laws, regulations and sanctions relating to Anti-bribery and anti- corruption including but not limited to the Bribery Act 2010 (Relevant Requirements) The Installer shall Not bribe any other person, intending to obtain or retain business or a business advantage nor engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK.
11. The Installer shall comply at no cost to the Company with all UK health and safety legislation relevant to the Agreement Works and to the circumstances in which the Agreement Works are being carried out.
12. The Installer will have Public Liability Insurance and any other relevant insurance cover required by the Installer. On request the Installer will provide evidence of this cover. The Installer shall also ensure they are Gas Safe Registered (or other accredited certification scheme).
13. The Company may terminate the 9° programme at any time without notice. Some circumstances in which the Company chooses to exercise this right to terminate the access to the programme are (but are not limited to) If the installer is in breach of these term and conditions; or In the event that the installer ceases to be a member of the Network.
14. The Company may change these terms and conditions at any time for any of the following reasons;
14.1 To make sure that the business remains competitive
14.2 To improve services or facilities;
14.3 To take account of a change or anticipated change in any law, regulation, market conditions or banking practice
14.4 To reflect a decision by a court, ombudsman, regulator or similar body
14.5 For any other valid reason
INFORMATION & DATA PROTECTION
15. Installer is responsible for keeping the Company updated on any changes to the installer details (name/address/telephone etc.).
16. In this clause personal information means; information the Installer provides to the Company, or which the Company already holds about the Installer, any Information the Company receives from the Installer in relation to registering product guarantees (for the avoidance of doubt it is the Installers responsibility to seek permission of the house owner/resident to pass on their details to the Company)
17. All information will be stored and processed in accordance to the Data Protection Act 1998.
18. Data will be held for the following purposes:
18.1 Allow the Company to manage the installers accounts
18.2 Monitor, Analyse the business
18.3 Ensure compliance with laws and regulations
18.4 Registration of product guarantees to ensure the relevant aftercare is provided ro the home owner/resident.
19. The Company may time to time contact the Installer with relevant information about the programme or products. By accepting the terms & conditions of the scheme, the Installer also agrees to the terms of some of the specific benefits offered through the programme. If the Installer wishes to opt out they will provide this notification to the Company.
20. The Company may provide the personal information of the Installer to any person or subcontractor working for the Company or any person to whom the Company transfer any of the rights or duties to under any agreement the Company may have with the Installer. The Installer authorises the Company to provide this information.
21. The Company may provide the Installers personal information to fraud prevention agencies. The Company will tell fraud agencies if the Installer provides false or inaccurate information and if fraud is suspected.
22. The installer shall not assign any or all of the rights or obligations under these terms and conditions. The Company is permitted to assign its rights and obligations.
23. Each of these clauses is separate from all other clauses, so that if one clause is found to be void or otherwise unenforceable it will not affect the validity of any of the others
24. No amendment to these terms and conditions shall be effective unless in writing signed by both parties.
25. Nothing in the Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the Company and the Installer, except as otherwise expressly provided, to authorize either Party to act as agent for the other, and neither Party shall have authority to act in the name of, or on behalf of or otherwise to bind the other in any way.
26. These terms and conditions contain the entire agreement between the parties and supersede all previous agreements and understandings between the parties.
27. A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions
28. This contract shall be governed by the laws of England & Wales and the courts of England and Wales shall have exclusive jurisdiction over any dispute. All dealings, correspondence and contact between the Parties shall be made or conducted in the English language.
BENEFITS OF THE 9° PROGRAMME
The Company agrees to provide members of the 9° network with the following benefits:
• Extended product guarantees
• Listing on the Drayton website and promotion of the 9° Network in various media
• Exclusive training opportunities
• Priority technical support contact
• New product previews and trialing
• Access to web portal for exclusive content
• Free t-shirt and van sticker
• Drayton may offer members price incentives, promotions and other benefits from time to time at its sole discretion
The Company reserves the right to change, amend or cancel these benefits at any time, and no cash alternative will be offered.
The Company does not commit to providing sales leads or business introductions to installers.
Membership does not give the Installer any rights over the brands, copyrights and other intellectual property held by The Company and the Installer will not use any Drayton logo or make any claim about the Installer’s connection to The Company without express approval and The Company reserves the right to withdraw any such approval at any time at its sole discretion and the Installer agree to cease using any such logos, claims or materials with immediate effect.
CUSTOMER SERVICE PROTOCOL
The Company is committed to providing the highest levels of customer service. All installers registered on the 9° Network agree to abide by the following Customer Service Protocol:
• You must carry your Gas Safe Register (or other accredited certification scheme) ID card and be able to present this card as proof that you are qualified to carry out the type of gas work required
• You must have completed all relevant training and possess up-to-date qualifications as required by the Gas Safe Register (or other accredited certification scheme)
• Negative customer feedback may result in removal from the 9° Network. You or the homeowner may be contacted to obtain further details in order for us to investigate the complaint
• You must carry out the installation, service or repair in a professional manner, treating the customer appropriately and showing courtesy and respect
• You must clean up after you carry out the installation, service or repair, and leave the property in the state that you found it.