CEDRAL SELECT PROFESSIONAL CHARTER

Definitions

For the purpose of establishing a Cedral Select Professional Installer ‘Code of Practice’ the following definitions shall apply:

1.1 ‘Etex (Exteriors) UK Ltd’ a company registered in United Kingdom under number 00486100 whose registered office is at Wellington Road, Burton-on-Trent DE14 2AP. ‘Cedral’ is a brand name owned and controlled by Etex (Exteriors) UK Ltd.

1.2 ‘Cedral Products’ – refers to all products and systems.

1.3 ‘Customer’ - the customer for whom the work is being estimated, quoted and/or provided for.

1.4 ‘Diversity Management Services’ – the business which manages the Cedral Select Professional Scheme.

1.5 ‘14 day cooling off period’ - the 14 day right to cancel made available to the Customer following
confirmation of a quotation and when a contract is made. The right to cancel is excluded where those works required are urgent repairs and/or maintenance works, or when otherwise agreed by the Customer. E.g., a right to cancel clause has been inserted into a quotation where otherwise the right would not exist, or conversely where a Customer has waived their right to cancel by agreeing to such a waiver in the quotation and/or contract.

1.6 ‘Member’ – a Member of the Scheme

1.7 ‘Member’s Guarantee’ – a Member’s guarantee for the work provided to a Customer
under the Scheme.

1.8 ‘Quotation’ – written price for Works provided by a Member, in accordance with
the Specification.

1.9 ‘Scheme’ – the Cedral Select Professional Scheme for products, systems and their application.

1.10 ‘Specification’ – a detailed description of the type of Works requested for installation by the Customer

1.11 ‘Cedral Installation Guide’ a step by step installation guide for Cedral systems and products.

1.12 ‘Reparation Works’ – remedial works required to correct failed, inappropriate or not fit for purpose works, as deemed so and requested by Etex and/or Diversity Management Services.

Quotations

2.1 Members must respond to a Customer’s request for a quotation within 5 working days of receiving the request.

2.2 A visit to a Customer’s home for the purpose of providing a quotation must be made within 10 working days of the initial Customer contact and quotation provided to the customer within 5 working days from final site visit.

2.3 All prices quoted must clearly detail what costs are included in the job (e.g. call out charges, travel charges, labour and materials). No hidden additional costs are to be applied.

2.4 Any site preparation/access to be provided by the Customer or the Member must be confirmed before works commence and included in the detail of the quotation.

2.5 Check for the impact on any quote or contract of relevant, current legislation for the protection of protected species, e.g., bats, newts, native plants etc

2.6 It must be clear whether a quote or an estimate is being supplied - a quotation is a binding agreement as to the price; an estimate is subject to confirmation or change

2.7 Quotations must be provided and include the following:

Your business name and contact details
Your VAT registration number (if applicable)
Customer name and address
Full breakdown of works, cost and total price
Any deposit requirements
Details of stage payments if agreed
Guarantee or warranties being provided
Payment terms must be made clear to the Customer before any work is undertaken.

2.8 Members must allow consumers enough time to read and understand the information before contracts are signed and make themselves available to provide any further requested information

2.9 When a job has been agreed to be undertaken within 14 days, the Customer’s right of the ’14 day cooling off period’ must be respected unless a ‘right to cancel’ clause has been inserted in any quotation or estimate and the Customer has waived their rights by agreeing to the said inserted clause.

2.10 Should a contract be cancelled at no fault of the Customer, the Member shall refund any deposit or pre-payment in full and promptly following cancellation, less any direct costs incurred.

2.11 If requested by a Customer, Members must supply at least two references.

2.12 Customers are to be invoiced within 14 days of works being completed.

Customer service and conduct

3.1 Members must behave in a courteous and professional manner with Customers at all times.

3.2 Initial contact with the homeowner must be made within 5 working days of original contact from the homeowner or the lead referral made by Etex.

3.3 No visit should be undertaken without first confirming a mutually convenient time with the Customer.

3.4 Members are to provide their contact details to a Customer at the first point of communication.

3.5 Members must arrive at appointments at the date and time agreed with the Customer.

3.6 In the event that a Member is running late for an appointment, they must inform the Customer accordingly. Members must keep the Customer informed of any revisions to their estimated time of arrival.

3.7 Members are to provide Customers with an agreed start date and estimated completion date for the Works provided.

3.8 Members are to install suitable protective coverings to any surface in a Customer’s home that is exposed to work activity, dust or risk of damage. Any such surfaces are to be protected at all times.

3.9 Members will honour any reasonable Customer requests with regards to general quality of workmanship which are not detailed within the terms of the Code of Practice herein.

3.10 Members will take full responsibility for any subcontracted work or subcontractors working on their behalf and will ensure that the same standards of service and workmanship are provided in accordance with the terms of the Scheme’s Code of Practice.

3.11 All works are to be installed in accordance with the Cedral guidelines as detailed in ‘Cedral Installation Guide’.

3.12 Members must comply with General Data Protection Regulations for the protection of privacy and personal information.

3.13 Members must take appropriate steps when dealing with vulnerable people. Vulnerable consumers are those whose circumstances put them at risk of making an incorrect or inappropriate decision, or who are at risk of receiving inferior goods or services. Members must make the necessary effort, and allow enough time, ensuring vulnerable consumers understand all aspects of signing a contract for goods and services and, where appropriate, suggest the involvement of a trusted friend or relative.

3.14 Members must act in a non-discriminatory fashion and comply with all current anti-discrimination and equality regulations.

3.15 Instruction manuals, maintenance requirements and appropriate warranties must be provided to the consumer on completion of work.

Insurance and Guarantee

4.1 Members must ensure that they always have in place, public liability insurance to a minimum value of £1,000,000 per incident, or series of related incidents. Members are responsible for any additional policies of insurance cover which may be required, such as employers’ liability or additional cover due to a property’s increased value. Current copies of the insurance cover must be supplied to Diversity Management Services upon application and/or membership renewal.

4.2 A 10-year Insurance Backed Guarantee policy must be provided to the customer for all Cedral installations and cover both workmanship and deposit payments.

4.3 Members must provide the customer with a 10-year workmanship guarantee.

4.4 Etex and Diversity Management Services do not guarantee the quality of the member’s work, however, from the initial application and assessment and periodic re-assessment and the monitoring of the homeowner feedback, we will constantly measure the standard of each accredited member.

Subscription Payments

5.1 Monthly membership subscription fees must be paid in advance and are non-refundable on leaving or removal from the scheme.

Partner fee £200 + VAT
Member fee £500 + VAT

5.2 Membership will be terminated immediately for non-payment of any due fees.

5.3 Diversity Management Services on behalf of Etex, will collect and manage membership payments.

Complaints

6.1 Following receipt of a customer complaint, Etex or Diversity Management Services will refer the complaint to the relevant Member and instruct the Member to resolve the complaint with the Customer.

6.2 Members will endeavour to conclude any complaints promptly and in a proactive and friendly manner.

6.3 If a Member and a Customer are unable to resolve a complaint the case will be escalated and referred to Diversity Management Services for further assessment. If following further assessment, the Member is found to be at fault they will be instructed to undertake Reparation Work immediately.

6.4 If any Customer complaint should occur where Reparation Works are required, but the original materials installed are found to be those of a competitor, Etex will instruct the member to remedy the works using Cedral products/systems only. The full cost of the Reparation Works inclusive of the Cedral products installed, and any interest incurred, is the responsibility of the original installation Member.

6.5 If following a complaint Reparation Works are required, but the Member refuses to provide the required Reparation Works, or if the Customer involved prefers to engage the services of an alternate installer, Diversity Management Services will source an independent installer and invoice the original Member for the cost of those Reparation Works provided, inclusive of any interest incurred. Where the Customer has refused to pay the original Member for the works that resulted in the complaint then the original Member shall be entitled to invoice the Customer for the Reparation Works.

6.6 Where a dispute occurs between a Customer and a Member that cannot be settled directly by both parties, Diversity Management Services will mediate and provide a dispute resolution process for the two parties. During this process Members are required to cooperate with Diversity Management Services and their requests regarding the exchange of information, with a view to reaching a resolution.

6.7 If having engaged in the Scheme’s dispute resolution service the dispute between the Customer and the Member remains unresolved, the case will be offered for resolution via a third party Alternate Dispute Resolution (ADR) service or a Customer will be referred to an Ombudsman. Members are required to engage in the ADR service provided which will be binding on both parties and any ADR, Ombudsman or external surveying costs will be passed to the member for payment. We may decide to terminate your membership for non-payment of these additional costs.

For further information please contact Diversity Management Services on:

Telephone: 0115 966 7672
Email: cedralselect@diversity.agency

6.8 All complaints against Members will be confidentially recorded and reviewed at the time of the complaint, upon membership renewal or alongside any additional complaints as and when they occur.

Removal from the Scheme

A Member may be removed from the Scheme when:

7.1 They have been abusive, threatening or disrespectful to a Customer.

7.2 The Member is found to be using products and/or systems not featured in the Cedral Product Guide on Cedral generated leads.

7.3 The Member consistently breaches the Code of Practice.

7.4 The Member refuses to provide documentation as required to confirm, maintain or manage their membership.

7.5 The Member does not agree to training, assessments or re-assessments to demonstrate competence.

7.6 On completion of training, re-assessment, or annual scheme criteria audit the member is deemed to no longer meet the standards required of a member of the scheme.

7.7 The member does not cooperate in the handling of complaints or does not pay for any additional ADR, Ombudsman or survey costs

7.8 The Member fails to carry out Reparation Work if, and as, instructed to do so by Diversity Management Services.

7.9 Non-payment of membership fees.

7.10 The decision to remove a Member from the Scheme is entirely at Diversity Management Services and Etex’s discretion.

Membership Termination and Removal Obligation

8.1 If a Member is removed from the Scheme or chooses to terminate their membership, ‘Cedral Select Professional’ logos must be removed with immediate effect from all and any materials, clothing, websites and vehicles.

8.2 Member must cease using any marketing material provided by Etex.

8.3 The Member must no longer represent themself as being a Member of the Scheme.

Appeals Process

9.1 If a Member does not accept the decision to be removed from the Scheme the Member may apply to make an appeal. All appropriate documentation in relation to the Member’s appeal case will be presented for a second review by Etex. Any decision made following the appeal process will be binding and final. All applications for appeal must be made in writing within 21 days of the original decision to remove the Member.

Marketing & Advertising

When Members promote themselves as a Member of the Scheme they must ensure that:

10.1 Any advertising or marketing materials produced are accurate, clear and unambiguous.

10.2 All advertising and marketing materials produced must comply with the CAP code – the latest UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the ‘Code’) is the rule book for non-broadcast advertisements, sales promotions and direct marketing communications (marketing communications).

10.3 Ensure that any performance claims, testimonials and claims relating to savings, financial payback, return on investment or income are clearly attributed to a reputable source

10.4 The Member must always include the Scheme’s certified logo and clearly communicate their
status as a Cedral Select Professional installer on all advertising or marketing materials used. Advertising or marketing materials used can include: letterheads, clothing, promotional material, advertisements and vehicle livery.

10.5 The Member must fully comply with the Cedral Select Professional brand guidelines document - use of these logos and brands should only be made in conjunction with the provision of installing Cedral products.

10.6 Where Etex makes use of, or includes a Member’s logo in any advertising, marketing and/or promotional materials the Member must own all the copyright in relation to the information and artwork submitted. Member’s ownership of all copyright used is required so as to ensure that no third party’s intellectual property rights are breached.

10.7 Etex will not be accountable or responsible for any advertising or marketing materials used by a Member.

10.8 The Member’s website and/or marketing material must not represent the member as being a direct employee of Etex.

Information and Advice to Customers

11.1 Members must always give the best possible advice to Customers. If there is any aspect of a
Customer’s enquiry that a Member is unable to offer advice upon then they should refer the enquiry to
their Etex Area Sales Manager.

11.2 Members must always notify the Customer of any aspect of the Specification that is inappropriate, not fit for purpose, or generally to the detriment of the Customer and those Works to be installed by the Member. Etex will not be responsible for any defects or failures that occur as a result of any shortcomings in a Specification - to include any inherent shortcomings in the substrate - which the Customer is notified of prior to works commencing.

If, having notified the Customer of any short coming(s) in their Specification the Member is still asked to proceed and install the works as specified, the Member must obtain a signed disclaimer form from the Customer acknowledging this. If the Customer refuses to sign the disclaimer the Member must not proceed with the installation of the Works specified.

11.3 Members must provide Customers with a feedback form upon completion of the Works. This form is a part of Etex’s continued commitment to improving Member performance, product/system performance and customer service standards.

Health and Safety

12.1 Members must comply with the current Health and Safety at Work Act 1974 and all relevant health and safety legislation; and where required, maintain documented policies, procedures and records.

12.2 Members must ensure that their employees and/or subcontractors comply with all relevant and current legislation in relation to required health and safety practices.

12.3 It is the responsibility of the Member to ensure that all waste materials are disposed of in a safe
and proper manner that ensures the safety of themselves, their employees, subcontractors, the
Customer, the public where appropriate, and the environment and hold appropriate licensing necessary for the carriage, transfer, storage and/or disposal of waste.

12.4 It is the responsibility of the member to ensure (if applicable) that there is adequate site safety for the general public.

Member’s Information

The information provided by a Member may be:

13.1 Used to process its membership application and as a means to provide membership services thereafter.

13.2 Recorded and detailed in a Members online directory.

13.3 Used to profile Members.

13.4 Included on any Etex websites, or content, managed by Etex, their suppliers, agents and/or partners.

13.5 Displayed in any advertising, marketing and/or promotional materials.

13.6 Used to communicate with members via email, SMS and phone.

13.7 Used to provide Members with new Customer leads inclusive of information detailing the Specification of the Works requested.

13.8 Used by Etex’s approved third party companies inclusive of business partners, agents and/or suppliers.

13.9 By becoming a Member of the Scheme the Member has agreed to have their information used as detailed above.

13.10 Members must notify Diversity Management Services immediately, and via email, of any changes made to their membership data and/or contact details.

13.11 Every effort is made to ensure the accuracy of Member’s details. However, should an error or
omission be made when publishing a Member’s details, Etex and Diversity Management Services will not be liable for any costs, losses or liability incurred by the Member.

13.12 By members opting to join the scheme have the right to opt out from having their information used as detailed above and can do so by formally informing Diversity Management Services at:

Email: cedralselect@diversity.agency

Once a formal request to opt out is received the Member’s information will be omitted as requested.

Indemnity

14.1 Members agree to indemnify Etex, its partners, agents and/or suppliers against all and any costs, losses, claims, damages, and liabilities that might arise as a result of a Member breaching the terms and conditions of the Scheme’s Code of Practice herein.

General

15.1 The Scheme’s Code of Practice shall be governed and interpreted according to the law of England and Wales. The parties agree to submit to the exclusive jurisdiction of the English Courts.

15.2 Etex, inclusive of any appointed business partner, agency and/or supplier, reserves the right to make announced and unannounced spot checks of a member’s workmanship and service standards whilst at a customer’s location, at any time.

15.3 Other than the enforcement by the customers recommended under the Scheme, the parties to this Scheme do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 and by any person not a party to it.