Spectrum Supply Limited Dealer Programme Terms & Conditions
Definitions
1) ‘The Company’ ‘we’ ‘us’ ‘our’ refers to Spectrum Supply Ltd trading as Umbra and Umbra Shading whose address is 31 Ystrad Road, Swansea, SA5 4BT, and to any authorised representative of the Company.
2) ‘The Dealer’ ‘you’ ‘your’ refers to the individual or company who is designated and categorised as a Dealer under this programme for the purpose of promoting specifying selling and installing the Company’s products.
3) ‘The Client’ ‘they’ ‘them’ refers to the Dealer’s customer or potential customer who purchases or is interested in purchasing the Company’s products from the Dealer, and to any other representative or consultant working for or on behalf of the Client.
4) ‘Project’ refers to any enquiry, lead, potential project or actual project on which the Company’s products may be specified sold or installed.
Categories
5) There are 4 categories of Dealers: Installers Partners Professionals and Experts.
6) Each category requires different levels of commitment by us to you and by you to us.
7) These requirements are set out in the Umbra Dealer Programme brochure and may be varied by us from time to time without notice.
The Programme
8) On becoming an accredited Dealer your company details and your Dealer Category will be displayed on an interactive map tool hosted on the Company’s website.
9) Clients visiting the Company’s website may use the tool to search for Dealers and may contact Dealers directly using the information displayed on the Company’s website.
10) The Company may also select Dealers to put forward in person for a Client or Project. This will generally be based on the type and size of Project its location and the Dealer category.
11) Dealers will be recommended for Projects or Clients in the following priority: Experts then Professionals then Partners then Installers.
12) The Company makes no warranty regarding the number or frequency of Projects or Clients which the Dealer may receive as a result of the Programme.
13) By agreeing to become part of the Programme you agree to abide by these terms and conditions.
Undertakings
14) The Company shall:
- provide the Dealer with support, literature, marketing materials, training, physical and digital resources to comply with the requirements of the Programme. We reserve the right to charge for this as set out in the Umbra Dealer Programme brochure. Any charges may be updated from time to time without notice.
- at our absolute discretion decide whether the Dealer may be part of the Programme and what category to award you.
- reserve the right at our absolute discretion to change or withdraw the Dealer’s status without notice or prejudice if we deem this necessary to protect our commercial interests
- use our best endeavours to ensure that all information we display about you is accurate and complete however we cannot be held liable for any inaccurate or incomplete information on our website or in other Company literature
- take all reasonable steps to protect the information we hold about you from unauthorised access use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third-party interception or are free from corruption
15) The Dealer shall:
- comply with and maintain compliance with the requirements of the Programme as set out in the Umbra Dealer Programme brochure.
- help us to keep your company information on our website accurate and up to date and notify us promptly in the event of any changes to your company information
- ensure that our company and product information on your website showroom or any other locations are accurate and up to date. This includes responding within 10 working days to any requests from us to correct update or otherwise change any of this information. We cannot be held liable if you display incorrect or misleading information about us or our products
- represent the Umbra brand professionally and competently and do nothing that will harm the brand the Company our reputation or our commercial interests
- give all Projects and Clients due and prompt attention whether referred by us in person or through our website
- respect the fact that Projects and Clients referred via the Programme are shared by you and us and cooperate with us to ensure that the Client is well served and the Company’s products and brand are promoted and well represented throughout, including but not limited to sharing relevant commercial information about the Project to ensure mutually beneficial outcomes for you and us
Intellectual Property
16) The Company reserves all rights and ownership of all our trademarks brand names product designs physical and digital resources (the Intellectual Property).
17) The Company grants the Dealer right to use this Intellectual Property solely for the purposes of promoting specifying selling and installing our products.
18) We may withdraw the right to use our Intellectual Property at any time without notice or prejudice and will not hesitate to take legal action if our rights are infringed.
19) In the event of your Dealer status being withdrawn you must within a period of 30 days remove all digital resources belonging to us from your website social media or any other online or physical storage and return any physical point of sale or other such resources to us.
Competition
20) Nothing in these terms and conditions supersedes competition and anti-collusion laws. If such conflict exists the law prevails.
21) Where a Client may select more than one Dealer from our website to obtain competitive quotations we will deal with Dealer separately according their normal terms of business with us and will do nothing to prejudice fair competition.
General
22) These terms and conditions are supplementary to and must be read in conjunction with Spectrum Supply Limited Standard Terms & Conditions.
23) These terms and conditions shall be governed by and construed in accordance with English law. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.