Baxi works

BAXI HEATING UK LIMITED

TERMS & CONDITIONS – WORKS LOYALTY SCHEME REPUBLIC OF IRELAND ("the Scheme")

This document sets out the revised terms and conditions of the Scheme having effect from February 2016

1. INTRODUCTION

Potterton Myson (Ireland) Limited is a company registered in Ireland with registered number 026092 whose registered office is at Unit F6 Calmount Park, Calmount Road, Ballymount D12 Y923. ("PMI")

The Scheme is operated by PMI under which Works points may be collected on the purchase and registration of qualifying PMI products. These may be exchanged for specified reward goods and services.

2. DEFINITIONS

"Account" your account with the Scheme, detailing points collected and points redeemed Rewards Partner

"PMI" trading as Potterton Myson (Ireland) Limited; a wholly owned subsidiary of Baxi Heating UK Limited

"Works points" points awarded under the Scheme on registration of a qualifying barcode;

"Membership Agreement" your agreement with PMI for membership of the Scheme which incorporates these terms and conditions;

"Rewards Partner" any company whom PMI may appoint from time to time as a supplier of Scheme Rewards in connection with the Scheme;

"Points" points awarded to you by PMI under the Scheme

"Promotional Barcode" the promotional barcode which is supplied with a Qualifying PMI Product;

"Qualifying Products" those PMI products (manufactured by Baxi Heating UK Limited) for which Scheme Points will be awarded, as determined by PMI from time to time under Clause 5.1;

"Redemption Value" the redemption value of Scheme Points when used to purchase Scheme Rewards as determined by PMI from time to time under Clause 7;

"Rewards" the goods and services which may be purchased using Points as determined by PMI under Clause 7.1;

"You" or "Your" the sole trader, partnership or company who has applied to join and who has been accepted by PMI into the Scheme.

3. SCHEME WEBSITE/ONLINE COMMUNICATION

All processes and methods relating to the Scheme, including becoming a member of the Scheme, claiming Points, ordering Rewards, updating your Account and communicating with PMI are performed through the Scheme website and PMI will not be obliged to use or accept any other method of transaction or communication with you (including post or telephone) unless otherwise stated in these terms and conditions.

4. SCHEME MEMBERSHIP

4.1 Membership of the Scheme is open to businesses and/or individuals who supply and install heating products manufactured by PMI and whose principal place of business is situated in Ireland.

4.2 Membership is only open to businesses. It is not open to consumers, namely natural persons acting for purposes outside their business. By becoming a member you represent to PMI that you are acting for purposes within your business.

4.3 Membership of the Scheme is not open to anyone who receives contract support from PMI (either directly from PMI or indirectly via a merchant/distributor).

4.4 Membership of the Scheme is at the sole discretion of PMI, and PMI shall not be obliged to accept any applications for membership of the Scheme.

4.5 Membership of the Scheme is not available to persons under the age of 18 and the Rewards may not be redeemed by persons under the age of 18. You are responsible for ensuring that this age limit is strictly adhered to.

4.6 Claims for Works points can only be made for Qualifying PMI Products purchased solely for business use by the Scheme Member or a representative of the business who is making the claim.

4.7 When you apply to become a member of the Scheme you agree that your application and membership of the Scheme shall be governed by these terms and conditions.

4.8 You must ensure that all information you provide to PMI is accurate, and you must keep your contact and other details up-to-date, using the forms provided on the Scheme website. If you remove details which PMI needs to administer your membership, PMI may require you to supply alternative details or may terminate your Membership Agreement

PMI may from time to time require you to reconfirm your details by visiting the Scheme Web Site and actively confirming through the Scheme website that the details are correct. If you fail to do so within 14 days of a request, PMI may in its sole discretion terminate your membership of the Scheme immediately by notice to you which may result in loss of any points accrued to date.

4.9 Your membership of the Scheme and the benefit of your Points are personal to you, and you may not assign or transfer your Membership Agreement or such benefit to any other person, or create a charge over or declare a trust over your Membership Agreement or such benefit. However, with the prior written consent of PMI, which will not be unreasonably withheld, you may transfer your membership and the benefit of your Points to a purchaser of the parent company of your business.

4.10 You are responsible for management of all user names and passwords provided in connection with the Scheme, and PMI shall not be responsible for any misuse of such usernames and passwords, or any fraud committed using such usernames and passwords.

4.11 We recommend that you choose a strong password for your Account, consisting of a combination of upper and lowercase letters and numbers. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.

4.12 The number of PMI products that you have registered over the previous year will define whether you are a Member, Associate or Approved Installer the scheme (as defined in the Scheme website). To become an Approved Installer, you will also be required to complete the Approved Installer Agreement. You will automatically be promoted to the appropriate level when you have met the relevant criteria. The number annual registrations required at each level will be published on the Scheme website. After promotion, you will remain at that level for at least one year and will only be demoted if the number of products over the last rolling year is less than the qualifying amount or if you have not met the Approved Installer criteria.

5. QUALIFYING PMI PRODUCTS

5.1 You will be awarded Works points for each Qualifying PMI Product which you purchase and register on Works. PMI may determine and change from time to time without prior notice to you the PMI products that qualify for Points. Products valid for Works points will be displayed on the scheme site.

5.2 The number of Works points awarded for a qualifying PMI product will be stated on the Scheme Web Site. PMI may determine and change from time to time without notice to you how many Points will be awarded for a Qualifying PMI Product.

5.3 You may claim Works points for up 90 todays after you have purchased and registered a qualifying PMI Product. The procedure for claiming Works points is through the Scheme Web Site, and requires the Promotional Barcode. If a valid Promotional Barcode has been supplied by you, the Works points will be allocated automatically to your Scheme Account when you have completed the product registration (this includes supplying details to register the warranty).

PMI also reserves the right to request from time to time proof of purchase (such as a copy invoice) to validate your claim as a condition of issuing Works points.

5.4 Where a qualifying PMI product purchased by you has already been discounted in some other way, or is subject to some other promotion, rebate or reward scheme, or you have received or are entitled to receive any discount, rebate, gift or other reward in respect of such qualifying PMI Product, then it will not attract Works points. Works points can also be deducted in the event that this applies.

6. WORKS POINTS

6.1 Works points will be valid for 24 months from and including the day those Works points are credited to your Account by. If you do not use your Works points to purchase Rewards on Works within that period, those Works points will cease to be valid.

6.2 Your accumulated Works points balance may be checked at any time through the website, and you will be given up to the minute availability when you submit an order for a Reward on Works.

6.3 Works points may only be used to purchase Rewards, and may not be exchanged for cash. Works points cannot be used to finance pre-arranged or external direct purchases.

6.4 Works points will be awarded when a valid promotional barcode label is claimed on the website. The promotional barcode contains 17 digits unique to the product. Serial numbers shorter than this are not valid.

6.5 PMI may introduce additional levels of membership in accordance with any changes to its own terms and conditions.

7. SCHEME REWARDS

7.1 The Rewards available at any point are listed on the Scheme website.

PMI may determine and change the nature and quantity of Rewards which are offered from time to time without prior notice to you. All Rewards are subject to availability, and you should not assume that any given Reward will be available or continue to be available in the future or at any stated Redemption Value.

7.2 All Rewards must be ordered directly from the rewards catalogue on the Works scheme website. Unless specifically notified otherwise, all rewards supplied in return for Works points are provided solely by our rewards partners. Our reward partners make no warrant in respect to any reward.

7.3 Rewards can be claimed by redeeming Works points only. In order to claim a reward you must have a sufficient points balance to cover the points referenced on the reward catalogue.

7.4 The Redemption Value(s) for all or any given Reward(s) will be specified on the Scheme website.

7.5 PMI may set and change the Redemption Value(s) for your Works points and for any given Reward(s) from time to time at its sole discretion without prior notice to you. You should not assume that any stated Redemption Value(s) will remain the same. However, no variation to any Redemption Value(s) will affect any orders for Rewards which have been submitted by you prior to the time the variation is made.

7.6 Subject to condition 14.1 below, to the fullest extent permitted by law pmi shall have no liability to you (whether in contract or tort, or under statute, or for breach of contract, negligence, breach of statutory duty, or otherwise howsoever) with respect to the scheme rewards, including with respect to safety, quality, fitness for purpose, compliance with description or otherwise, or with respect to any delay in delivery, non delivery or other breach by the reward partners of any contract to supply you a scheme reward, and all such liability is hereby excluded to the fullest extent permitted by law. for the avoidance of doubt, all warranties, terms and conditions implied by statute, common law, custom or otherwise as to the safety, condition or quality of the scheme rewards, or the fitness for purpose of the scheme rewards, or correspondence of the scheme rewards with any sample or description, are hereby excluded.

7.7 Where you are entitled to any refund with respect to any Reward, except the event you receive a full or partial refund in any other form such refund may be in the form of a re-credit of some or all of the Works points used by you to purchase such Reward.

8. BUSINESS SUPPORT ITEMS

8.1 The Business Support Items available at any point are listed on the Scheme website. PMI may determine and change the nature and quantity of Business Support Items which are offered from time to time without prior notice to you. All Business Support Items are subject to availability, and you should not assume that any given Business Support Items will be available or continue to be available in the future or at any stated Redemption Value.

8.2 The Redemption Value(s) for all or any given Business Support Items will be specified on the Scheme website.

8.3 PMI may set and change the Redemption Value(s) for any given Business Support Items from time to time at its sole discretion without prior notice to you. You should not assume that any stated Redemption Value(s) will remain the same. However, no variation to any Redemption Value(s) will affect any orders for Business Support Items which have been submitted by you and accepted by PMI prior to the time the variation is made.

8.4 PMI does not warrant that lead-generating measures will generate leads or subsequent business.

8.5 Where Business Support Items are personalised, the member is responsible for ensuring details (as signed off) are accurate and PMI will not be responsible for any errors as a result of incorrect information supplied.

8.6 No refund is available on Business Support Items.

8.7 Where separate terms and conditions apply to certain Business Support Items, these will be available on the website.

9. WARRANTY REGISTRATIONS

9.1 You will apply for manufacturer's warranty by completing the online registration form on the website.

9.2 To complete the form you will need the serial number of the boiler(s).

9.3 Manufacturer's warranty registrations and extended warranty registrations are carried out in accordance with Baxi Customer Support terms and conditions, which are available on the Baxi.co.uk website.

9.4 The information held by Baxi Customer Support takes precedence over what it says in a member's account.

10. DATA PROVISION

10.1 Data provided for Warranty Registration will be used in accordance with PMI's terms and conditions of business, a copy of which is available on the website.

10.2 We may use agents and contractors in order to help operate the Works Scheme. If such agents and contractors have access to personally identifiable information, they are required to protect this information in a manner that is consistent with our Privacy Policy.

10.3 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1988, as modified, and your rights under and Our obligations under that Act.

10.4 We may use your personal information to:

10.4.1 Reply to any communications you send to Us;

10.4.2 Send you important notices about your Works account

10.4.3 Send you promotions, offers, technical help, product information, subject to your right to opt out

11. COMMUNICATIONS

11.1 By joining the Works Programme you agree to allow PMI and its partners to communicate with you via your chosen method with suitable offers, which may contain opportunities to earn and redeem. PMI will always use this communication method responsibly. If you would prefer not to receive such offers you can contact us via works scheme website. Alternatively you are given the opportunity in every electronic communication received to opt-out of receiving any further communication.

PMI GENERAL LIABILITY

12.1 Nothing in these conditions shall limit or exclude either parties liability for:

12.1.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

12.1.2 Fraud or fraudulent misrepresentation; or

12.1.3 Any other liability which cannot by law be excluded.

12.2 PMI excludes and shall not have liability to you (whether in contract, tort, or under statute, or for breach of contract, negligence, breach of statutory duty, or otherwise and howsoever arising) for any of the following types of loss or any losses resulting therefrom:

12.2.1 Any special, indirect or consequential loss;

12.2.2 Any loss of profit, use, expectation, anticipated savings, data, production, business, revenue, contract or goodwill;

12.2.3 Any costs or expenses, liability, commitment, contract or expenditure incurred in reliance on or in the expectation of the scheme rewards being provided in accordance with the scheme; or

12.2.4 Losses suffered by third parties or your liability to any third party.

12.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

13. FORCE MAJEURE

13.1 PMI shall not be in breach of your Membership Agreement where PMI fails to perform or delays in performing any obligations which it has to you under your Membership Agreement or in relation to the Schedule due to any event or circumstance beyond its reasonable control.

14. FRAUDULENT ACTIVITY

If you have claimed Works points unlawfully or in breach of your Membership Agreement, then in addition to any other rights and remedies of PMI:

14.1 If you have been supplied with any Reward, paid for using any such Works points, you will be liable to pay to PMI on demand an amount equal to the value of such Reward less any cash payment you made in respect of such Reward.

14.2 PMI's Rewards Partners shall be entitled to cancel any undelivered orders for Rewards you have made.

14.3 PMI shall be entitled to forfeit all of your Works points, including validly claimed Works points.

14.4 PMI shall be entitled to refuse to award further Works points.

14.5 PMI shall cancel your membership.

15. TERMINATION

15.1 You may at any time by notice to PMI terminate your membership of the Scheme. In such case, your membership will terminate at the end of the next day following receipt of your notice. PMI may terminate your membership of the Scheme at any time immediately by notice to you.

15.2 PMI may close the Scheme at any time by at least one week's notice on the web site which shall effect a termination of your Membership Agreement at the point of closure.

15.3 We may terminate your membership of the Scheme immediately by notice to you if you:

15.3.1 commit an irremediable material breach of your Membership Agreement;

15.3.2 commit any breach of these terms (however minor, and whether or not remediable) and you commit a similar breach again after notice from PMI;

15.3.3 commit any remediable breach of these terms and conditions (however minor) and do not remedy that breach in a reasonable period after notice from PMI.

15.4 On closure of this Scheme or termination of your membership of the Scheme, your Membership Agreement will terminate and all your Works points will automatically cease to be valid and be forfeit.

16. VARIATIONS

PMI may unilaterally vary the Scheme and all or any of the terms of the Scheme, including these terms and conditions, and any other terms of your Membership Agreement in any way and at any time immediately by notice posted on the Scheme Web Site, or by notice sent by e-mail or post to you.

17. GENERAL

If you have claimed Baxi Works points unlawfully or in breach of your Membership Agreement, then in addition to any other rights and remedies of Baxi:

17.1 The Works points and Rewards may be subject to taxation. Any such tax liability is your sole responsibility and PMI will not accept any responsibility for tax liabilities incurred as a result of any receipt by you of Works points or purchase by you of Rewards using Works points, or in respect of contract support or any other discounts, rewards or benefits received by you in return for the purchase of Baxi Potterton Myson products.

17.2 No person other than you and PMI shall have the right to enforce any term of your Membership Agreement, including these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 shall not apply. In any event the Membership Agreement and these terms and conditions may be varied without the consent of any third party.

17.3 PMI may sub-contract its obligations in relation to the Scheme and its operation, and may appoint an agent to operate the Scheme on its behalf.

17.4 Where in connection with the Scheme, including in registering for the Scheme, you provide any information relating to an individual, such as details of sole traders, partners, directors or employees, contact details of individuals, and other personal data, this data will be managed and used in accordance with the PMI Privacy Policy as set out on the Scheme website.

In particular, such information may be held by PMI or its agents or sub-contractors for the purposes of operating the Scheme, and such information may be passed on to our rewards partners enable them to fulfil any agreement you make with them to purchase a Reward. You will be responsible for ensuring that all such individuals have consented to the use of their data in the manner envisaged above.

17.5 PMI reserves the right to audit the boiler registration process from time to time, which may include requesting copy invoices relating to specific, recently registered boilers.

17.6 All notices and communications by you to PMI concerning the Scheme, including complaints and questions, shall be sent by e-mail using the address stated on the Scheme Web Site, or using any web form submitted through the Scheme Web Site, or using any technical enquiry number provided from time to time on the Scheme website.

All notices and communications PMI to you may be sent by e-mail using the address which you have provided PMI in your registration with the Scheme. You will be responsible for keeping this e-mail address up to date.

17.7 In these terms and conditions a reference to a "person" includes a reference to a company or other body corporate, association, partnership or individual; a reference to the singular shall include the plural and vice versa; references to liability include liability in contract, negligence, tort and otherwise howsoever, other than for fraud; and a reference to any gender shall include every gender.

17.8 You agree that the Scheme and your Membership Agreement is governed by Irish Law, and that the Irish Courts shall have exclusive jurisdiction.

18. IT LIABILITY

18.1 PMI and its affiliates are not responsible for lost, interrupted or unavailable network service or other connections, miscommunications, computer or technical failure, or incorrect or inaccurate bidding information howsoever caused or other error of any kind whether human, mechanical or electronic.