Full details of the Main Extra terms can be downloaded here.
1. Interpretation
In these Conditions the following terms have the following meanings: "Conditions” the terms and conditions of these Main Extra Installer Terms; "Customers” your customers in the United Kingdom; "we” / "us” / "our” Main, a division of Baxi Heating UK Limited (company number 3879156); "Main Extra installer” means our appointment of you in accordance with these Conditions but it does not imply any relationship of employer employee, principal and agent or joint ventures'; "Products” Main boilers; "you” / "your” the installer noted on the application form to which these Conditions are attached.
2. Basis of appointment
2.1 - In consideration of you agreeing to undertake the obligations on you set out in these Conditions we hereby appoint you as a non-exclusive Main Extra installer in accordance with these Conditions.
2.2 - You shall ensure that you use your reasonable endeavours to promote, market and sell the Products to Customers but you shall not be entitled to bind us in any way. We shall not be liable to you in respect of the Products (save in respect of the manufacturer's warranty provided with the Products) and/or any installation and other services that you provide to the Customer and/or any act or omission by you in the installation of the Products and/or other services provided by you and/or any claim by any Customer in respect of the same.
2.3 - You must make it clear to all Customers that you are not an employee, agent or sub-contractor of us.
3. Your other obligations
3.1 - As a Main Extra installer, you must:
3.1.1 - be Gas Safe registered;
3.1.2 - hold public liability insurance and any other insurances that may be required to ensure that you meet your responsibilities to your Customers and/or your employees; and
3.1.3 - ensure that you conduct sales and installations of Products to a satisfactory standard and that all components used are of satisfactory quality. In the event that a Customer raises a complaint over the sale, installation or product you agree to use your best endeavours to have such complaint resolved at the earliest reasonable time. 3.2 - Any tax implications (whether in respect of becoming \ Main Extra installer or otherwise are your responsibility.
4. Main van livery
4.1 - Van livery will be issued following the successful registration of one Main Band A boiler.
4.2 - We reserve the right to ask you to remove the livery if you leave (or we remove you from) the Main Extra Scheme at any time.
4.3 - You will be responsible for removing the stickers and for confirming that this has been done.
4.4 - We reserve the right to inspect the vehicle to ensure that the livery has been removed.
5. Extended warranty for Main Extra installers
5.1 - Subject to your compliance with these Conditions we will provide you with an extended two (2) year parts and labour warranty in respect of all of our 'Main' SEDBUK Band A rated boilers comprising the Products which are registered by you at http://www.mainextra.com./
5.2 - This extended warranty is subject to registration within 30 days of installation and an annual service. Full warranty terms and conditions apply and these can be viewed at http://www.mainextra.com/
6. Visits and updates by a member of our sales team
6.1 - While you remain a Main Extra installer we shall provide you with regular visits by a member of our sales team to provide you with the latest information on our Products.
7. Warranties and liability
7.1 - You warrant to us that installation of the Products and any other goods and services will be performed by appropriately qualified and trained personnel.
7.2 - You shall indemnify us in full against all liability, loss (including loss of profit), damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of or in connection with breach of any term of the Conditions or any warranty given by you in respect of:
7.2.1 - the Products which exceeds the warranty provided at condition 5.1 above; and/or
7.2.2 - other products and any related services;
7.2.3 - any act or omission of you or your employees, agents or sub contractors in supplying the installation services including death and injury to person and damage to property caused directly or indirectly by negligence or breach of statutory duty of you or your subcontractors, employees and/or agents.
7.3 - We shall accept liability to you for: the injury to or death of person caused by our negligence or our wilful misconduct; fraud or fraudulent misrepresentation; and any other matter which we cannot by law restrict or exclude.
7.4 - Without prejudice to condition 8.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, breach of statutory duty or misrepresentation, or otherwise, for any loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving, nor for any special, indirect or consequential damage suffered by you that arises under or in connection with your appointment under these Conditions.
7.5 - Except for the type of liability referred to at condition 8.3, we shall have no liability to you in respect of any contractual breach or representation, statement or tortious act or omission arising under or in connection with these Conditions.
7.6 - If any court or competent authority deems condition 8.5 to be void or unenforceable, then except for the type of liability referred to at condition 8.3, our total liability in respect of any contractual breach or representation, statement or tortious act or omission arising under or in connection with these Conditions (a "Default”) shall not exceed £100.
8. Termination
8.1 - We may terminate your appointment under these Conditions without liability to you by giving you written notice at any time if:
8.1.1 - you breach any term of these Conditions;
8.1.2 - you conduct yourself and/or your business in any way which we consider (in our sole discretion) to be contrary to our values and good name;
8.1.3 - you make any voluntary arrangement with your creditors (within the meaning of the Insolvency Act 1986) or become bankrupt or become subject to an administration order or go into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets you cease, or threaten to cease, to carry on business; or
8.1.4 - we reasonably apprehend that any of the foregoing events are about to occur in relation to you and we notify you accordingly.
8.2 - We may terminate your appointment for any reason by giving you not less than 30 days written notice.
9. General
9.1 - You may not assign or transfer or purport to assign or transfer to any other person any of your rights or sub contract any of your obligations under these Conditions without our written consent.
9.2 - Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice and, if the notice is sent by email and/or facsimile transmission, a copy of such notice shall be sent in the post within 1 day of the date of the email and/or facsimile transmission.
9.3 - No waiver by us of any breach of these Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.4 - If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
9.5 - No person who is not a party to this contract has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
9.6 - Our relationship with you shall be governed by the laws of England, and you agree to submit to the [non ]exclusive jurisdiction of the English courts.
