Marshalls Accredited Membership Agreement

1. APPOINTMENT OF MEMBER

1.1 Marshalls appoints the Member with effect from the Effective Date as a member of Marshalls Accredited and accordingly shall have a membership to the scheme.

1.2 The membership is conditional on the Member acting in accordance with the Agreement and the Terms and Conditions and satisfying the assessment criteria, standards and qualifications, code of conduct, and rules of engagement (as applicable) that are required to qualify as a Member of Marshalls Accredited (“Standards”).

1.3 The Member confirms that it meets and will continue to meet the Standards notified to it by Marshalls in writing from time to time. The Member acknowledges that Marshalls may terminate the Member’s membership in accordance with condition 10.3 of the Terms and Conditions if at any time the Member fails to meet the Standards.
 
2. DURATION AND TERMINATION

2.1 The Agreement shall commence on the Effective Date and will continue for an initial six-month period from the Effective Date (the “Trial Period”). Marshalls may terminate the Agreement at any time without liability during the Trial Period by giving the Member not less than one weeks’ prior written notice. If no such notice is given during the Trial Period, the Agreement shall continue until the first anniversary of the Effective Date unless and until terminated by either party in accordance with clause 2.3 or in accordance with any other provision elsewhere in
the Agreement.

2.2 On the first anniversary of the Effective Date and each anniversary thereafter, the Agreement shall automatically renew for a further
12-month period, unless Marshalls gives written notice to the Member on or before the relevant anniversary of the Effective Date that the
Agreement will not be renewed, or, the Agreement is terminated in accordance with its terms.

2.3 Either party may terminate the Agreement at any time after the Trial Period by giving to the other not less than three months’ written notice.

3. MEMBERSHIP FEES

3.1 The Member shall pay a membership fee to Marshalls. The membership fee shall be £360 annually, inclusive of VAT (“Membership Fee”). Payment will be due annually in advance within 30 days of the Membership Fee invoice being raised and will be pro-rata from February each year.

3.2 If the Agreement is terminated during the Trial Period by Marshalls in accordance with clause 2.1, Marshalls may at its discretion and without further liability, refund all or a pro rata proportion of the current months’ Membership Fee, provided that the Member has returned all materials in accordance with the Terms and Conditions.

3.3 Marshalls reserves the right to review the Membership Fee each calendar year, usually on 1 January each year.

4. OBLIGATIONS OF MEMBER

4.1.1 The Member shall be responsible for promoting its membership of Marshalls Accredited and its ability to provide Gardens and Driveways installation services within their local area (“Area”).

4.1.2 Where the Member acquires a Customer under clause 4.1.1 or a Customer is referred to the Member by Marshalls under clause 7.1, the Member shall enter into its own contract with the Customer (“Contract”) for the provision of Gardens and Driveways installation plus associated works as specified in that Contract (“Installation Services”). Marshalls shall have no liability to a Customer or the Member under any Contract and shall not be liable for the provision of the Installation Services. The total liability of Marshalls to the Member is as set out in the Agreement and in any Hard Landscape Guarantee entered into by Marshalls, the Member and the Customer (as applicable).

4.1.3 The Member shall remain professional in dealing with Customers and peers.

4.2 Duty of Care

4.2.1 The Member warrants to Marshalls that it will carry out the Installation Services using the reasonable skill, care and diligence to be expected from a suitably qualified and experienced installer of Gardens and Driveways? and within reasonable timescales. In particular, the Member will deal with Customers in a professional, lawful and ethical manner, maintaining the highest level of customer service and after sales care at all times.

4.2.2 The Member shall comply with all applicable health and safety regulations and best practices during the provision of Installation Services.

4.3 Products and Materials

4.3.1 The Member shall use in the Installation Services only products and materials of a high quality and that are fit for their intended purpose.

4.3.2 Where a Customer is referred to the Member by Marshalls (or vice versa) the Member shall, in carrying out the Installation Services for that Customer, use and recommend the products and materials only as manufactured or supplied by Marshalls on an exclusive basis,
except where the Customer requests or where the Installation Services require products or materials that are of a type that Marshalls does not manufacture or supply, in which case those third-party products or materials may be used by the Member in the provision of the Installation Services, provided that the Member has obtained the prior written consent of Marshalls for each product or material, on each occasion it/they are used.

4.4 Standard of Installation Services

4.4.1 The Member shall carry out the Installation Services in strict accordance with the Marshalls installation procedures set out in the Member Handbook (as defined in the Terms and Conditions) or as otherwise notified to the Member by Marshalls from time to time.

4.4.2 The Member shall, at its own cost, comply with any recommendations made by Marshalls following an inspection carried out pursuant to
clause 5.1.

5. MONITORING AND TRAINING

5.1 Marshalls shall periodically monitor the quality of work and services (including the Installation Services) provided by the Member and may make recommendations to improve or adopt new working practices (any improvements made or new working practices adopted shall be at the cost of the Member).

5.2 From time to time, Marshalls shall provide on-site installation training and training in its products as it sees fit. The Member shall attend such training at its own cost.

6. HARD LANDSCAPE GUARANTEE

6.1 The Member may, where appropriate and in compliance with the guidelines (available at www.marshalls.co.uk/gardens-and-driveways/
hard-landscape-guarantee) offer Customers a standard hard landscape guarantee as an additional benefit in relation to the products (“Hard Landscape Guarantee”). It does not apply to any Installation Services.

6.2 Where a Customer requests such a guarantee, the Member and Marshalls shall enter into and comply with the terms of the Hard Landscape Guarantee (including the Member rectifying any defect in the product), and the Member hereby agrees to Indemnify (as defined in the Terms and Conditions) Marshalls against any loss, liability, damage or cost incurred by Marshalls in relation to the enforcement of the Hard Landscape Guarantee provisions, Installation Services and any failure by the Member to comply with the terms of the Hard Landscape
Guarantee.

6.3 Marshalls shall comply with the terms of each Hard Landscape Guarantee (in relation to the product only) that has been entered into
by a Member and shall, subject to the Member’s compliance with the terms of such guarantee, indemnify the Member against any loss,
liability or cost incurred by the Member due to any failure by Marshalls to comply with the terms of the Hard Landscape Guarantee (in relation
to the product only).

7. MARKETING

7.1 Marshalls may, at its discretion, provide the Member with a reasonable amount of marketing support in the form of an online profile and such other forms of marketing support as Marshalls may deem appropriate from time to time. Marshalls may at its discretion (but shall not be obliged to) pass to the Member sales leads from the Area that are received by Marshalls.

7.2 Subject to condition 6 of the Terms and Conditions, the Member shall use the Marketing Materials provided by Marshalls under clause 7.1 to market the Installation Services in the Area, but for no other purpose and in no other location.

8 COMMUNICATIONS FROM MARSHALLS

8.1 Marshalls would like to send the Member, the business contact from the Member’s Regional Assessor and relevant teams throughout the Members’ business, communications on the latest information from Marshalls, our exclusive offers, promotions, and new products and services.

8.2 Marshalls will treat the personal details of the Member with the utmost respect and will not sell the Member’s details to any other organisation outside of the Marshalls group for marketing purposes. However, through the business relationship between Marshalls and the Member, Marshalls may share details of the Member with selected third parties for the purpose of conducting market research.

8.3 If the Member does not wish to be contacted in this way, the member must tick the relevant boxes below. Preferences can be changed at any time by unsubscribing via email or calling Marshalls on 0345 304 0707.

Email
Text
Phone
Post

9. TERMS AND CONDITIONS

The terms and conditions at www.marshalls.co.uk/gardens-and-driveways/marshalls-accredited-terms-and-conditions as updated from
time to time (“Terms and Conditions”) shall be incorporated into the Agreement. The parties agree to be bound by the Terms and Conditions in full. Terms not defined in the Key Terms shall have the meaning given to them in the Terms and Conditions. The Member is reminded of the confidentiality obligations in the Terms and Conditions.