This document sets out the terms and conditions of the Scheme having effect from July 2018.
Potterton is part of Baxi Heating UK Limited, a company registered in England and Wales with registered number 03879156 whose registered office is at Brooks House, Coventry Road, Warwick, CV34 4LL.
The Scheme is operated by Potterton for the registration of qualifying Potterton products.
"Account" your account with the Scheme,
"Building Regulations" means compliance with Part J and Part L of the applicable regulations;
"Membership Agreement" your agreement with Potterton for membership of the Scheme which incorporates these terms and conditions;
Potterton "Promotional Barcode" the promotional barcode which is supplied with a Qualifying Potterton Product;
"Qualifying Products" those Potterton products that can be registered on the scheme and which are detailed in the Contract Support agreement;
"You" or “Your” the Contractor or Client company who has applied to join and who has been accepted by Potterton into the Scheme.
3. SCHEME WEBSITE/ONLINE COMMUNICATION
All processes and methods relating to the Scheme, including becoming a member of the Scheme, updating your Account and communicating with Potterton are performed through the Scheme website and Potterton 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 are in receipt of a Contract Support agreement issued by Baxi Heating UK Limited who supply and install heating products manufactured by Potterton and whose principal place of business is situated in the UK and Channel Islands. Businesses and/or individuals (professional heating engineers) registering Qualifying Products must be Gas Safe registered. Potterton may in its sole discretion waive the requirement for a Gas Safe Registration Number if applicants have a legitimate reason for not having one, if they are based in Scotland for example and/or can prove that appliances have been installed in accordance with Building Regulations by a competent person.
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 Potterton that you are acting for purposes within your business.
4.3 Membership of the Scheme is open to those persons (Contractors) who receive contract support from Potterton (either directly from Potterton or indirectly via a merchant/distributor) as well as the Clients and the installers working for the Contactor/Client.
4.4 Membership of the Scheme is at the sole discretion of Potterton, and Potterton shall not be obliged to accept any applications for membership of the Scheme.
4.5 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.
4.6 You must ensure that all information you provide to Potterton 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 Potterton needs to administer your membership, Potterton may require you to supply alternative details or may terminate your Membership Agreement.
Potterton may from time to time require you to reconfirm your details by visiting the Scheme website and actively confirming through the Scheme website that the details are correct. If you fail to do so within 14 days of a request, Potterton may in its sole discretion terminate your membership of the Scheme immediately by notice to you.
4.7 Your membership of the Scheme is 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.
4.8 You are responsible for management of all user names (email addresses) and passwords provided in connection with the Scheme, and Potterton shall not be responsible for any misuse of such usernames and passwords, or any fraud committed using such usernames and passwords.
4.9 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
5. QUALIFYING POTTERTON PRODUCTS
5.1 You will be able to claim rebate payments for Contract Support for each Qualifying Potterton Product which you register on Potterton Project Hub.
5.2 You may claim a rebate payments against a valid Contract Support agreement by completing a Baxi Contract Support Claim Form and providing supporting proof of purchase documents .
6. WARRANTY REGISTRATIONS
6.1 You will apply for the manufacturer's warranty by completing the warranty registration form on the scheme website.
6.2 To complete the form you will need the serial number of the boiler(s).
6.3 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 website.
6.4 The information held by Baxi Customer Support takes precedence over what it says in a member's account.
7. GAS WORK NOTIFICATION
7.1 When you register your appliance with Potterton, you will have the option of letting Potterton register the appliance with Gas Safe who will notify the Local Authority. You will receive a confirmation letter and the notification certificate from Gas Safe which will be sent to the Client address specified in the Contract Support agreement.
8. DATA PROVISION
8.2 Data provided for Gas Safe work Notification will be used in accordance with Potterton's terms and conditions of business, a copy of which is available on the website.
8.4 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 General Data Protection Regulation 2016 and your rights under and Our obligations under that Act.
8.5 We may use your personal information to:
8.6 We will not pass on your personal information to any third parties.
9.1 By joining the Potterton Project Hub Programme you agree to allow Potterton and its partners to communicate with you via your chosen method with suitable offers, which may contain opportunities to earn and redeem. Potterton will always use this communication method responsibly. If you would prefer not to receive such communication you can contact us via the Potterton Project Hub scheme website. Alternatively you are given the opportunity in every electronic communication received to opt-out of receiving any further communication.
10. POTTERTON GENERAL LIABILITY
10.1 Nothing in these conditions shall limit or exclude either parties liability for:
10.2 Potterton 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:
10.2.1 any special, indirect or consequential loss;
10.2.2 any loss of profit, use, expectation, anticipated savings, data, production, business, revenue, contract or goodwill;
10.2.3 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
10.2.4 losses suffered by third parties or your liability to any third party.
10.3 all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
11. FORCE MAJEURE
Potterton shall not be in breach of your Membership Agreement where Potterton 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.
12. FRAUDULENT ACTIVITY
If you have claimed Contract Support through Potterton Project Hub unlawfully or in breach of your Agreement, then in addition to any other rights and remedies of Potterton:
12.1 Potterton shall be entitled to refuse to make the rebate payment.
12.2 Potterton shall cancel your membership to Potterton Project Hub.
12.3 Potterton has the right to recover any costs incurred by fraudulent contract support claims paid.
13.1 You may at any time by notice to Potterton 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. Potterton may terminate your membership of the Scheme at any time immediately by notice to you.
13.2 Potterton may close the Scheme at any time by at least one week's notice on the website which shall effect a termination of your Membership Agreement at the point of closure.
13.3 We may terminate your membership of the Scheme immediately by notice to you if you:
13.3.1 commit an irremediable material breach of your Membership Agreement;
13.3.2 commit any breach of these terms (however minor, and whether or not remediable) and you commit a similar breach again after notice from Potterton;
13.3.3 commit any remediable breach of these terms and conditions (however minor) and do not remedy that breach in a reasonable period after notice from Potterton.
13.4 On closure of this Scheme or termination of your membership of the Scheme, your Membership Agreement will terminate.
Potterton 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 website, or by notice sent by email or post to you.
15.1 No person other than you and Potterton 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.
15.2 Potterton 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.
15.3 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 Potterton Privacy Statement as set out on the Scheme website.
In particular, such information may be held by Potterton or its agents or sub-contractors for the purposes of operating the Scheme.
15.5 Potterton 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.
15.6 All notices and communications by you to Potterton concerning the Scheme, including complaints and questions, shall be sent by email using the address stated on the Scheme website, or using any web form submitted through the Scheme website, or using any technical enquiry number provided from time to time on the Scheme website.
All notices and communications Potterton Project Hub sends to you will be sent by email using the address which you have provided Potterton Project Hub in your registration with the Scheme. You will be responsible for keeping this email address up to date.
15.7 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.
16. IT LIABILITY
16.1 Potterton 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.
17. LAW AND JURISDICTION
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.