The following is a summary only of the main terms and conditions of the Independent Network Insurance Backed Guarantee and the Independent Network Deposit and Staged Payment Protection Guarantee.
Network VEKA Insurance Backed Guarantee - If your installer goes out of business and you subsequently find that your installation does not comply with the applicable building regulations or that the materials or workmanship used are defective, Network VEKA will either arrange for another installer to carry out the remedial works for you or will make a payment towards the cost of those remedial works.
Network VEKA will not pay more than the contract price you agreed with the original installer plus an amount for surveyor’s charges. You agree to pay £100 (€150) each time you claim under this guarantee. This guarantee is subject to a number of restrictions which are set out in full in the terms and conditions.
The following are the main restrictions:
You can transfer the benefit of the guarantee to someone else, but Independent Network will make a charge to cover its administrative costs involved in the transfer.
Network VEKA Deposit & Staged Payment Protection Guarantee
If you have paid a deposit and your installer goes out of business before starting work on your installation, Network VEKA will either arrange for another installer to carry out the work or will pay towards the amount of your deposit. (Up to 25% of the installation or £10,000 (€15,000 ) whichever is lower.)
If Network VEKA arranges for another installer to carry out the works, and
If Network VEKA is not able to arrange for another installer to carry out the works, the amount which Network VEKA will repay to you will be the amount you paid by way of deposit or £10,000, whichever is the lesser.
If your installer goes out of business after the frames and roof are delivered but before the installation is complete, and Network VEKA arranges for another installer to complete the works, and:
Staged Payment Protection
If you have ordered a porch, sun lounge, sun room or conservatory and paid one or more staged payments and your installer goes out of business before completing your installation, Network VEKA will either arrange for another installer to complete the work or will make a payment towards the staged payments you have made.
If your installer goes out of business after the site is prepared, but before the frames and roof are delivered, and Network VEKA arranges for another installer to complete the works, and: you have paid less than 50% of the contract price originally agreed, by way of staged payments, you are responsible for paying the difference between what you had paid by way of staged payments and that contract price; or you have paid more than 50% of the contract price originally agreed, by way of staged payments, you are responsible for paying 50% of that contract price.
Network VEKA is not able to arrange for another installer to carry out the works, the amount which Network VEKA will repay to you will be as follows:
Network VEKA is entitled to inspect the works if a claim is made under this guarantee. The Deposit Protection benefit and the Staged Payment Protection benefit only apply if you have applied for and Network VEKA has registered your application for the relevant benefit(s).
The Deposit Protection benefit normally lasts for 3 months from the date of the order. The Staged Payment Protection benefit normally lasts for 4 months from the date of the order.
The Network VEKA Deposit and Staged Payment Protection Guarantee is subject to a number of restrictions which are set out in full in the terms and conditions. The following are the main restrictions:
it does not cover the loss of deposit or staged payments if these are or can be insured under a household policy, or if compensation for their loss is provided under legislation;
INSURANCE BACKED GUARANTEES T&C'S
Business Day means a day, other than Saturday, Sunday or public holiday in England, when banks in London are open for business
Ceased Trading means ceasing to trade due to; for limited companies and limited liability partnerships, the appointment of a Liquidator, Receiver or Administrator, or in respect of a sole trader or partnership business the winding up of the business due to the Bankruptcy, State Retirement or Death of the Principal(s)
Certificate Holder means a person or body corporate named overleaf who engages with the Installer for the Installer to carry out the Works
Consequential Loss means any indirect, special or consequential damages or losses suffered or incurred by the Certificate Holder and, for the purposes of this Guarantee, indirect, special or consequential damages or losses shall include, but are not limited to: (i) damages to or losses of data, furniture or equipment; (ii) economic loss or damage; (iii) damage to or loss of profits, interest, business revenue, anticipated savings, business or goodwill; (iv) any losses, costs or expenses which are not directly incurred by the Certificate Holder wholly in respect of or which are additional to the remedial work for which the indemnity is provided by this Guarantee; (v) the costs and expenses of any redecoration, repainting or retiling work; (vi) the costs and expenses of removing and/or replacing any cupboards, carpets or other furniture, or any other interior or exterior fixtures or fittings; (vii) the costs incurred from any loss of use or from a requirement for inspection by a local authority; and (viii) the incurring of liability for losses or damages of any nature whatsoever suffered by third parties (including in each case incidental and/or punitive damages) even if the Guarantor is advised in advance of the possibility of any such losses and/or damages
Force Majeure Event means an event or circumstance beyond the reasonable control of the Installer or the Guarantor which causes the delay in performing, or failure to perform, any of the Installer’s obligations, including but not limited to, acts of God, war, acts of terrorism, any labour or trade disputes, strikes or industrial action, or any nuclear, chemical or biological contamination or sonic boom
Independent Network/Network VEKA/Guarantor means Network VEKA Ltd of Farrington Rd, Burnley BB11 5DB
Installer means the Independent Network registered Installer who is to fit the Works
Period Of Guarantee means 10 years from completion date or the period stated in the Installer’s own Written Guarantee, whichever is the lesser
Product Fault means a fault in any of the products installed by the Installer when carrying out the Works
Works means the Works described on the schedule
Written Guarantee means the Written Guarantee or warranty issued by the installer in respect of the works
Exclusions - The Guarantor shall not be liable under the guarantee:
Notification of Variation or Claim
Where there is any event which leads to change in the relationship between the Certificate Holder and the Installer, including but not limited to an amendment, variation, frustration or termination of the agreement for the Works, the Certificate Holder must notify the Guarantor of such event and the subsequent change in relationship within 5 (five) days of the event and/or the change taking place.
The Guarantor must be advised within 30 (thirty) days of any potential claim under this Guarantee. The Certificate Holder shall provide the Guarantor with written notice, setting out the nature of the claim and its full particulars (Notice of Claim) together with relevant supporting documents including, but not limited to:
Where a claim is made under this Guarantee, upon receipt of the Notice of Claim and the relevant supporting documents, the Guarantor shall attempt in good faith to resolve the claim.
Enquiries and Complaints
Any notice or other communication given to a party under or in connection with this Guarantee shall be in writing and shall be: delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business; or sent by fax to its main fax number or sent by email to the email address of such party. A notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 0900 on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by fax or email, the next Business Day after transmission. This clause shall not apply to the service of proceedings or other documents in any legal action.
The Certificate Holder can assign their interest under this Guarantee to successors in title, provided:
There will be an administration charge to cover the cost of a transfer. The amount of such a fee will be determined by the Guarantor from time to time. The Certificate Holder will be notified of the amount of such a fee on receipt by the Guarantor of a written request to transfer the rights under this Guarantee within 1 (one) month of the date of change.
Enquiries and Complaints
Any enquiries or complaints you may have regarding this Guarantee should be addressed to Network VEKA Limited, Farrington Road, Burnley BB11 5DB (tel: 01282 473 170). Please quote our Certificate number (shown in the schedule) so that your enquiry can be dealt with quickly.
Under this Guarantee, in respect of the information that the Customer provides to the Installer for the purposes of engaging the Installer, the Installer is the Data Controller. This information will then be passed to the Guarantor, who will process this data for the purposes of entering in this Guarantee. The Guarantor will then be classified as the Data Controller as they will collect and retain information about you when entering into this Guarantee with you. For example, we will collect and retain your name, address, telephone number and email address. The Guarantor will need to process that personal information in order to process your Guarantee and the Guarantor has a legitimate interest to hold that information in order to respond to any query or claim which may arise prior to you entering into this Guarantee.
On entering into this Guarantee, the Guarantor shall retain the personal information you have provided to it as it has a contractual obligation to handle any queries or claims under this Guarantee.
In the event of a claim, the Guarantor may collect and retain further information for the purposes of responding and handling your claim. The Guarantor will process that personal information in order to process your Claim and the Guarantor has a legitimate interest to hold that information in order to process your claim under the terms of this Guarantee.
The Guarantor will retain your information for the duration of this Guarantee or, where there remains an active claim following the expiry of the terms of this Guarantee, until the completion of that active claim. Where you have given us consent to do so, we may use your information, or pass your information to our Affiliated Partners, in order to inform you of any products or services which we feel may be of interest to you. Please note that unless you have consented to us doing so, your information will not be passed to any other parties.
Registered Company Number: 4029350