Terms of Membership of the Polypipe Registered Installer Network Date:

  1. [[INSERT INSTALLER NAME], a company incorporated under the laws of England and Wales (Company No [ ]) whose registered office is at [ ] (“Member” “you” or “your”); and
  2. POLYPIPE LIMITED, a company incorporated under the laws of England and Wales (Company No 01099323) whose business/registered office address is Broomhouse Lane, Edlington, Doncaster, DN12 1ES (“Polypipe”).]
  1. Introduction
    1. Polypipe would like to welcome you to join the Polypipe Registered Installer Network (the “Polypipe RIN”).
    2. Membership of the Polypipe RIN shall be subject to your full compliance with the terms and conditions of this agreement (the “Terms”).
  2. Membership Fee
    1. In consideration of joining the Polypipe RIN each Member shall pay an annual membership fee of £350.00 plus VAT (“Annual Membership Fee”). The Annual Membership Fee shall be payable [ ].
    2. The Annual Membership Fee shall be refunded to you subject to reaching a minimum spend of £10,000.00 net on Polypipe Underfloor heating products from participating merchants in each Annual Period. In order to claim this refund you must apply to Polypipe with supporting purchase invoices.
  3. Membership Term
    1. Your membership will commence upon:
      1. The satisfactory completion of the Training Course (as set out below); and
      2. Payment of the Annual Membership Fee.
    2. Your membership shall continue for the term of 12 months (the “Annual Period”) and your membership will automatically be extended for further Annual Periods subject to your compliance with paragraph 3.1 and you being in full compliance with these Terms.
  4. Training
    1. Payment of the Annual Membership Fee entitles one of your employees to attend a BPEC accredited UFH training course delivered by Polypipe (the “Training Course”) free of charge. Additional employees can also attend the Training Course for a one off fee of £200.00 plus VAT per person.
    2. Your employee must attend the whole Training Course and satisfactorily pass the Training Course. If the employee fails to pass the Training Course, he/she will have to retake the Training Course at your own expense.
    3. If a Member already possesses a valid BPEC UFH Installation accreditation you may, on special agreement with Polypipe, enter the Polypipe RIN without retaking the Training Course, Polypipe may however still require you to attend a refresher course prior to entry into the Polypipe RIN and you are still subject to the standard checks and must fully comply with these Terms.
  5. Member Benefits
    1. All member benefits are listed www.polypipeufh.com at the time of application and are subject to change without notice and are also subject to availability.
    2. Polypipe may supply names of all Polypipe RIN Members to consumers that request the services of a recommended installer.
    3. Polypipe shall provide continual product updates and training subject to availability. Each Member should keep up to date on Polypipe latest product changes and technical updates which shall be emailed to you via Polypipe’s regular product bulletins.
    4. Any marketing materials provided by Polypipe must be solely used to market your Polypipe Underfloor heating installation service and membership of the Polypipe RIN.
  6. Member Obligations
    1. All Members are entitled to claim that they are members of the Polypipe RIN and have passed the Polypipe BPEC accredited training course.
    2. You will use all reasonable endeavours to promote the interests of Polypipe and will not do anything which brings Polypipe into disrepute, damages Polypipe’s commercial interests or business reputation.
    3. You agree that anyone carrying out the installation of Polypipe Underfloor heating systems has the requisite knowledge and has passed the Training Course to undertake the work. Any untrained employees must be fully supervised during installation by a BPEC accredited Polypipe trained person.
    4. Each Member’s installation team must be dressed in appropriate clothing, and Polypipe branded work-wear, where supplied, must be well presented.
    5. Installations must be carried out with the highest regard for health and safety, including the undertaking of risk assessments where appropriate.
    6. All steps must be taken to minimise any risk of damage to the customer’s property or items during installation.
    7. Upon completion of the installation the property must be left clean and tidy with all waste materials arising from the installation being safely and legally disposed of by you.
    8. You will provide services to your customers (including the installation of the system or any Polypipe products) with all reasonable care, skill and diligence and to the reasonable satisfaction of the customer. You shall ensure that you comply with all applicable laws, regulations and industry guidance/codes of practise in providing services to a high standard.
    9. You will ensure all items used in your installations are of high quality and fit for purpose.
    10. You will ensure in particular that all installations of the system are in accordance with good industry practise, making particular reference to Polypipe’s latest technical installation guide and the recommendations contained within, along with any other Polypipe guidance documents which Polypipe may supply or issue from time to time.
    11. Upon completion of an installation a Polypipe warranty card should be completed, including all required information and posted to Polypipe for recording.
    12. You will have no connection with an ex-Polypipe RIN member that has been removed due to poor performance.
    13. You shall ensure any customers referred to you by Polypipe are contacted in a timely manner and dealt with in a professional way, you must also only use products manufactured by Polypipe, except where the customer specifically requests or the installation requires products which are not available from Polypipe.
  7. Polypipe Reviews
    1. Prior to or throughout your membership of the Polypipe RIN, Polypipe may obtain and follow up references or undertake inspections of installations carried out by you in order to get feedback from customers of the services you have supplied and works you have carried out.
    2. If Polypipe makes any recommendations to you following an investigation or inspection you agree to promptly put right and make all necessary improvements at your own cost.
    3. Polypipe may, at its option, provide you (and agreed number of your personnel) with further training where required.
  8. Customer Complaints
    1. Polypipe reserves the right to investigate any complaint made by a customer who is not satisfied with the service from you.
    2. You understand that Polypipe accepts no responsibility for any act or omission of you, your employees, agents or sub-contractors. You shall remain fully liable to your customers for any work undertaken and shall indemnify and keep Polypipe indemnified against any claim, losses, expenses or proceedings incurred by Polypipe as a result of your acts or omissions.
    3. You should make all reasonable efforts to resolve any complaints within a reasonable timeframe as agreed with the customer.
  9. Insurance
    1. You confirm that you have adequate public liability cover and will maintain such cover throughout the period you are included on the Polypipe RIN. Polypipe may from time to time specify minimum indemnity limits for the cover to be held by members of the Polypipe RIN and you shall, on request, certify that you hold and shall maintain such cover. We may from time to time request evidence of the cover you hold and you shall provide evidence of the cover and up-to-date payment of premiums.
  10. Status of the Parties
    1. Nothing in these Terms shall create a partnership, joint venture or an agency relationship between the Parties.
    2. You have no authority to bind Polypipe and warrant that you will not hold yourself out as having any such authority.
  11. Polypipe Intellectual Property Rights
    1. All use of the Polypipe logo and Polypipe RIN logo must be agreed prior to use and the logos must be unmodified and not used alongside any competitor branding or products.
    2. You acknowledge and agree that you shall have no rights over the branding, logos, copyright or other intellectual property rights of Polypipe or the training programme, training materials or any marketing materials supplied by Polypipe or of the goodwill associated with it, and that all such rights and goodwill are and shall remain the exclusive property of Polypipe.
  12. Confidentiality
    1. You shall keep strictly confidential all information relating to Polypipe’s business and products (including without limitation operations, plans, market opportunities, customers, the information provided by Polypipe regarding know-how, processes of production, technology, trade secrets and software) disclosed to you (whether in writing, orally or by any other medium) which at the time of disclosure are not in the public domain.
  13. Termination
    1. Polypipe may terminate your membership of the Polypipe RIN at any time by giving you not less than one week’s notice. A Member may terminate their membership of the Polypipe RIN upon giving Polypipe not less than three months’ prior written notice.
    2. Without prejudice to any other rights or remedies, Polypipe shall have the right (in its absolute discretion) to terminate your membership of Polypipe RIN, at any time with immediate effect, if you breach any of these terms or if you fail to maintain a high standard of customer service or if you damage or potentially damage the reputation of Polypipe.
  14. Consequences of Termination
    1. If Polypipe terminates your membership in accordance with clause 13.1 above, Polypipe may at its own discretion refund all or part of the Annual Membership Fee provided you have complied with clause 14.2 below.
    2. Upon termination of a Member’s membership of the Polypipe RIN you shall:
      1. return all Polypipe marketing materials;
      2. cease all use of Polypipe’s branding, logos or any other intellectual property rights in your correspondence, website or in any other form;
      3. not hold yourself out as being included on the Polypipe RIN nor as being endorsed, recommended or accredited by Polypipe in any way; and
      4. if applicable, cease using your webpage supplied by Polypipe.
  15. General
    1. Neither party may assign, change, transfer or deal in any other manner with the benefit of, or any or all of its rights, under these Terms without the prior written consent of the other party.
    2. Both parties acknowledge and agree that these Terms constitute the entire agreement and understanding between them with respect to the subject matter of this document. Any terms and conditions of a Member shall not apply.
    3. A person who is not a party to these Terms shall have no rights pursuant to the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms.
    4. Polypipe will be entitled to revise these Terms from time to time. Any revised Terms will be effective from the date falling 14 days after Polypipe has notified you of the revised Terms.
    5. These Terms shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts