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 Compan