Floor Covering Insurance Replacement Scheme Terms & Conditions

Transcription

1 Floor Covering Insurance Replacement Scheme Terms & Conditions Lifestyle Floors has engaged with Imperial Consultants Ltd (ICL) with an aim to deliver insurance floor covering replacement work to Lifestyle Floors retailers. This will be known as the Floor Covering Insurance Replacement Scheme ( scheme ). Retailers (being independent retailers who sell products provided by HFD Ltd t/a Lifestyle Floors) ("Lifestyle Floors retailer" or "Retailer") who wish to be part of the scheme must agree to the following terms and conditions, in order to comply with insurance company requirements. In return, details of your store will be provided as an option for insurance replacement customers in your area who require a replacement floor covering. A Retailer Portal website has been created to enable you, the Retailer, to access job instructions. The job instruction will allow you, the Retailer, to access a full line by line specification of the floor covering and fitting services that are required to reinstate the customer s property to a pre loss condition. All measurements and allowance values (as per the ICL Schedule of Rates) will be shown line by line including a total value. The total value of the specification, minus excess, is paid directly to the insured Customer following the claim having been validated by ICL and a replacement floor covering sanctioned. The insured customer is also provided with details of the 3 closest participating retailers, who have indicated that they sell all the product types agreed for replacement. The insured Customer also has a copy of the line by line specification and so is aware of exactly what products and services they can obtain from you the Retailer for the cash replacement value. You will be paid directly by the insured Customer for the products and services provided as part of the scheme. 1

2 Conditions of Approval This agreement is made between Lifestyle Floors and the Retailer. (A) Imperial Consultants Ltd (ICL) provides insurer clients with specialist property claims validation services, including claims for floor coverings whereby sometimes a replacement floor covering is sanctioned. (B) Lifestyle Floors and a network of floor covering retailers will facilitate ICL s insurer clients with an option to access replacement floor coverings at an agreed discounted rate (as per the Schedule of Rates). This network is known as the Lifestyle Floors Floor Covering Insurance Replacement Network. (C) The Retailer is a Lifestyle Floors retailer and wishes to become a member of the Lifestyle Floors Floor covering Insurance Replacement Network. (D) The object of the agreement is to clearly set out and define Lifestyle Floors/ICL s expectations of the Retailer and the minimum service standards that are required in order to comply with insurer client requirements and maintain participation of the scheme. 1 Standards of service that must be adhered to by the retailer: 1.1 No particular job can be refused without good reason. 1.2 The Schedule of Rates pricing as amended from time to time will be used for all jobs introduced via the scheme, including any additional sales or upgrades as part of the same transaction 1.3 The Retailer will agree a convenient time with the Customer for the delivery and fitting of Replacement goods and provide each Customer with a 12 (twelve) month guarantee in respect of the goods and workmanship. 2 Customer Satisfaction The Retailer will at all times: 2.1 Promote and develop a good working relationship with the Customer. 2.2 Effectively manage the Customers expectations. 2.3 Provide the Customer with an after sales service. Lifestyle Floors and/or ICL will: 2.4 Send customer satisfaction surveys to the Customers requesting feedback on all aspects of the service provided by the Retailer. 2.5 Consistently poor customer feedback relating to customer satisfaction may result in the agreement being suspended and/or terminated and the Retailer removed from the scheme. 2

3 3 Conduct on Site 3.1 All representatives of the Retailer must be reasonably presented and courteous when on the Customers premises. 3.2 A copy of the job details printed off the portal must be available to show the Customer on arrival. 3.3 On completion of the work, the Customer's property must be left in a tidy condition. 3.4 Smoking is prohibited when on the Customer s premises and radios must not be played unless permission is given by the Customer. 3.5 Any furniture removed in order to fit the Replacement floor covering must be replaced in its original position prior to the Retailer leaving the Customer s premises. N.B. This is only applicable if Move Furniture has been allowed for by ICL in the replacement specification or if the customer requests to purchase it as an additional service. The retailer will need to establish what furniture is to be moved and replaced and what manpower is required prior to fitting. 4 Quality 4.1 All work must be carried out by suitably experienced and competent tradesmen. 4.2 If the Customer requires fitting that is not standard/out of the ordinary but necessary to replace the Customer to a pre-loss condition, i.e. joins, pile direction, accepting Customers own measurements etc) written acknowledgment that is has been requested must be obtained from the Customer. Failure to do this will result in the Retailer being held responsible for any subsequent queries arising. 4.3 Retailers Rights and Terms Lifestyle Floors grants the right for the Retailer to operate as part of the Floor Covering Insurance Replacement Scheme during the term of this agreement Subject to earlier termination in accordance with Clause 10, this agreement shall commence on the date the Retailer accepts the terms of this agreement and shall continue for an initial term of 12 months The agreement will then continue unless terminated in accordance with Clause 10 or earlier when suspended/terminated. 5 Right of Renewal 5.1 The Retailer will be required to acknowledge and accept the Terms & Conditions to confirm renewal. This will be set up to automatically prompt the Retailer via the Retailer Portal. 3

4 5.2 Upon confirmation of changes and acceptance of Terms & Conditions Lifestyle Floors will renew, provided that: There have been no material breaches of this agreement which would have entitled Lifestyle Floors to suspend/terminate this agreement and there are no breaches of this agreement outstanding at the date of renewal The Retailer has performed its obligations under this agreement to the satisfaction of Lifestyle Floors and ICL The Retailer if so required by Lifestyle Floors and/or ICL shall relinquish in such forms as the Principal may require all claims against Lifestyle Floors and/or ICL or any associated third party. 6 Goods, Services and Payment 6.1 The Retailer will provide the goods and services required by the Customer for the replacement floor covering in accordance with the Schedule of Rates. Retailers are required in the Portal to specifically accept the Schedule of Rates. 6.2 The Customer is responsible for payment to the Retailer for the goods and services at the agreed rates. 6.3 Neither Lifestyle Floors, ICL nor the Insurer have any liability with regards the payment for goods and services this is a private transaction between the Retailer and the Customer; albeit at the agreed Schedule of Rates. 6.4 Any additional purchases, whether as an upgrade to the floor covering being replaced or as a result of the Customer wishing to purchase floor coverings for additional rooms will also be charged as an additional cost to the Customer in accordance with the Schedule of Rates. 6.5 If specifically requested, the Retailer will attend the Customer s home for a selection visit. 6.6 A floor plan and a cutting plan will be supplied via the Retailer Portal so the Retailer can see how the ICL surveyor calculated the required replacement specification this is for guidance purposes only and the Retailer should always measure the Customer s room(s) themselves prior to ordering any goods. 6.7 Neither Lifestyle Floors nor ICL take responsibility for any issues arising from short measures that have not been identified by the Retailer prior to ordering, cutting or fitting the floor covering. Any query the Retailer has on the measurements provided with the replacement specification must be raised by the Retailer directly with ICL prior to any products being ordered. It is the Retailer s responsibility to satisfy himself that the measurements provided by ICL are correct prior to ordering, cutting or fitting the floor covering. Any material variations to the original specification will be dealt with on a strictly case by case basis. If the measurements have been taken incorrectly by the ICL surveyor then an additional payment may be requested for the insured Customer from the insurer client to cover any shortfall in the cash settlement. ICL surveyors will be building in a tolerance to net sizes so such instances should be extremely rare. 4

5 7 Fitting of Replacement Products 7.1 If the sub floor has been damaged as part of the claim then the specification will include sub floor preparation, however if the sub floor was not damaged as part of the claim then the Retailer is responsible for ensuring that the Customers sub floor is of a suitable standard before any work commences. If in the opinion of the Retailer the sub floor is not up to an acceptable standard prior to the work commencing, but the Customer insists that the work is carried out, the Retailer will obtain a signed disclaimer from the Customer confirming that the work must be carried out at their request despite the advice of the Retailer or their agents to the contrary. If the Customer refuses to sign, the Retailer has the right to refuse the job and must advise ICL of the situation. 7.2 The Retailer shall indemnify the Customer for losses caused as a result of a breach of clause 8.1 and acknowledges that it shall be liable, whether in contract, tort, negligence, or otherwise for any losses including any indirect or consequential loss of any kind caused to the Customer by act of omissions of the Retailer, its employees and agents. 7.3 Lifestyle Floors makes no warranty that the Customer s property is safe for work. The Retailer is responsible for conducting an appropriate risk assessment and complying with any health and safety regulations and ensuring that all its employees and agents given access to the Customer s premises comply with any health and safety, security, or other policies and regulations. 7.4 The Retailer will update the Retailer Portal with jobs that have been completed, giving information to identify the product to be used. 7.5 The Retailer will use its best endeavors to maintain a minimum 60% compliance level in utilising Lifestyle Floors' products (or products from other Headlam Group companies), where a suitable product is available. 8 Health and Safety The following standards must be adhered to by the Retailers or its agents: 8.1 All work shall be carried out to the relevant British standards, code of working practice, so as not to endanger the safety and integrity of the Customer and third party property, contents and occupants. 8.2 The Retailer must ensure all of their staff are aware and fully compliant with all regulations for workmanship and materials to protect employees and customers within current legislation. 8.3 The Retailer must be available for a Health and Safety inspection should the contravening of any Health and Safety legislation become evident. 5

6 9 Retailer s Obligations and Payment 9.1 In order to maintain the highest levels and standard of service the Retailer shall comply with the following provisions during the term of this agreement and ensure its employees and agents, where relevant, are aware of and comply with the terms of this. 9.2 The Retailer must use its best endeavours to resolve any Complaint from a Customer before the close of business the next working day after receipt of said Complaint; a Complaint being an expression of dissatisfaction. If the Complaint cannot be resolved within one working day then a plan of action should be agreed with the Customer within this timescale. 9.3 Report Serious Complaints immediately to Lifestyle Floors. Serious Complaint means anything involving threat of the media, or potential damage to the reputation of Lifestyle Floors, ICL or an insurer. 9.4 The Retailer shall take out and maintain at all times public liability insurance sufficient to cover it obligations under these terms and conditions. 9.5 In accessing the Retailer Portal, the Retailer agrees it shall comply with any information security policy of the Lifestyle Floors and shall not take any action to introduce any virus or similar to the Retailer Portal. 9.6 Lifestyle Floors shall own any and all intellectual property rights in and to the Retailer Portal and the Retailer shall acquire no rights in the Retailer Portal other than as permitted under the terms of this agreement. 10 Termination 10.1 Either party may terminate this agreement by giving notice of at least 28 Days in writing to the other party, such notice to expire at any time Lifestyle Floors may terminate this agreement immediately by giving notice in writing to the Retailer after any event which constitutes a breach of this agreement ICL reserves the right to request of Lifestyle Floors that any Retailer be suspended from the scheme without notice for any period of time in the case of investigation into a Complaint or any breach of terms associated with this agreement. 6

7 11 Conditions following termination Immediately upon termination of this Agreement for any reason the Retailer shall: 11.1 Not hold themselves out as part of the Scheme or make telephone calls, send faxes or s in connection of the Scheme Deliver up to Lifestyle Floors all customer names and addresses and full contact details for all uncompleted orders irrespective of the stage of the fitting of the Replacement Products Immediately cease use of the Retailer Portal and return to the Lifestyle Floors all access codes and Confidential Information. 12 Indemnity The Retailer shall indemnify and keep indemnified Lifestyle Floors (both during the term and thereafter) for and against any and all loss, damage, liability including legal fees, interests and costs incurred arising from any breach of contract or negligence of the Retailer, its employees or agents (including but not limited to) loss or damage to the Customers property, loss or damage to the Replacement Products or personal injury claims resulting from the actions or omissions of the Retailer. 13 Confidentiality 13.1 The Retailer shall not disclose any Confidential information of the Floor Covering Insurance Replacement Scheme to any third party other than ICL unless: 13.2 Lifestyle Floors authorises such disclosure to a named person and does so in writing Such disclosure is rendered mandatory by an applicable statute. 14 Jurisdiction This Agreement shall be governed by English Law and the Parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts. 15 Amendments Lifestyle Floors and/or Imperial Consultants Ltd may amend, alter or renew the terms of this agreement as considered necessary by the demands of the business and the Retailer will be provided with a 14 day notice of any change in the terms of this agreement. 7

8 16 Force Majeure Both parties will be released from their respective obligations in the event of a national emergency, war, prohibitive governmental regulations or any other cause beyond the reasonable control of the parties rendering performance of the contract for sale impossible. The Retailer shall inform Lifestyle Floors of any such circumstance verbally within 24 hours of this cause happening. 17 Third Parties It is the intention of the parties that any person/persons not party to this Agreement shall not have any rights in relation to it under the Contracts (Rights of Third Parties) Act No Partnership The parties are not partners or joint ventures nor is either Party able to act as agent of the other save as authorised by this agreement. 19 E-Signature By ticking the acceptance box you are indicating your acceptance of the above Terms & Conditions and expressing your wish to become a participant in the Floor Covering Insurance Replacement Scheme. 8