Tucker French Credit Application Form

VAT No. 697 614 190 VAT No. 697 614 190

VAT No. 697 614 190 www.tucker-french.co.uk www.tucker-french.com APPLICATION FOR CREDIT FACILITIES Please tick which is applicable : Ltd. Co. Partnership Sole Trader www.tucker-french.com Please complete fully, using capitals and black ink. A sample letter heading or compliment slip should be attached.

Once form is completed please return to Epsom Park, Kiln Lane, Epsom, Surrey KT17 1JF APPLICATION FORBusiness CREDIT FACILITIES

q Please tick this in our Loyalty Scheme and confirm the Terms & Conditions.

COMPANY NAME : box to take part Please tick which is applicable : Ltd.you Co. accept Partnership Sole Trader The email address onfully, yourusing account form and will be registered to the Loyalty Scheme. you wish toslip linkshould the Loyalty Scheme to an alternative Pleasesupplied complete capitals black ink. A sample letter heading or Ifcompliment be attached.

PHONE NO : TRADING ADDRESS & POSTCODE : email address please supply: Once form is completed please return to Unit 5, Epsom Business Park, Kiln Lane, Epsom, Surrey KT17 1JF FAX NO :

ch.com

MOBILE NO : EMAIL : PHONE NO : FAX NO : MOBILE NO : EMAIL :

COMPANY NAME : TRADING ADDRESS & POSTCODE :

EDIT FACILITIES

REG. OFFICE IF DIFFERENT :

Partnership Sole Trader COMPANY REG. NO : etter heading or compliment slip should be attached.

NATURE OF BUSINESS : REG. OFFICE IF DIFFERENT : usiness Park, Kiln Lane, Epsom, Surrey KT17 1JF

VAT REG. NO : INCORPORATION DATE : VAT REG. NO :

COMPANYNAME REG. NO CONTACT : :

NATURE OF BUSINESS : & ADDRESSES : DIRECTORS FULL NAMES 1.

PHONE NO NAME : CONTACT :

FAX NO : DIRECTORS FULL NAMES & ADDRESSES : MOBILE NO : 1.

EMAIL : & ADDRESS OF BANK : NAME

INCORPORATION DATE : 3.

2.

3.

2.

ACCOUNT NO : SORT CODE : ACCOUNT NO :

NAME & ADDRESS OF BANK :

SORT CODE :

PLEASE PROVIDE THE NAMES OF TWO TRADE REFERENCES :

VAT REG. NO : 1.

PLEASE PROVIDE THE NAMES INCORPORATION DATE : OF TWO TRADE REFERENCES : 2.

1.

APPROXIMATE MONTHLY EXPENDITURE EXPECTED : PLEASE INDICATE WITH A TICK THE TYPE OF MATERIALS YOU ARE LIKELY TO BUY FROM US: 2.

APPROXIMATE MONTHLY EXPENDITURE : BUILDING : PLUMBING EXPECTED :

DECORATING :

ELECTRICAL :

HEATING :

PLEASE 3. INDICATE WITH A TICK THE TYPE OF MATERIALS YOU ARE LIKELY TO BUY FROM US: PLEASE INDICATE HOW YOU WERE REFERRED TO US : We understand credit facilities be granted, your terms and conditions for sale require settlement: during the month following the: date of BUILDING : and agree that should PLUMBING : DECORATING : ELECTRICAL HEATING

invoice, and we understand and agree to the ‘terms and conditions for sale’ generally as set out on the reverse of this form. All trade with you will be subject to these ‘terms and conditions of sale’

PLEASE INDICATE HOW YOU WERE REFERRED TO US :

We understand and agree that should credit facilities be granted, your terms and conditions for sale require settlement during the month following the date of Data Protection invoice, and we understand andaagree toreference the ‘termsagency, and conditions forkeep sale’agenerally asthat set out on the reverse of this form.

All trade be subject to We may make a search with credit who will record of search and will share with others.

We with mayyou alsowill make these ‘terms and:conditions of sale’ enquiries about the principal director with a credit reference agency. Your signature below gives us the authorization to do so.

ACCOUNT NO

Data Protection

We may: make a search with a credit reference agency, who NAME will keep others. We may also make PRINT : a record of that search and will share DATE with : SORTSIGNED CODE : enquiries about the principal director with a credit reference agency. Your signature below gives us the authorization to do so.

OFFICE USE ONLY

BANK REF SIGNED : : YES/NO SEARCH COMPLETED : YES/NO Trade Terms Applicable (House Account) Trade Terms Applicable (Rep’s Account) BANK REF : YES/NO SEARCH COMPLETED : YES/NO AUTHORISED BY : Trade Terms Applicable (House Account) Trade Terms Applicable (Rep’s Account)

TRADE REF : YES/NO DATE : CREDIT AMOUNT AUTHORISED : 1.

2. OFFICE3.USE ONLY 1.

2.

3.

TRADE REF : YES/NO CREDIT AMOUNT AUTHORISED : DATE AUTHORISED : ACCOUNT NO ALLOCATED : 1.

2.

3.

1.

2.

3.

AUTHORISED BY :

DATE AUTHORISED :

PRINT NAME :

Tucker French Limited.

O BUY FROM US:

ACCOUNT NO ALLOCATED :

TUCKER FRENCH LIMITED - TERMS AND CONDITIONS OF SALE Tucker French Limited.

VAT No. 697 614 190

TUCKER FRENCH LIMITED - TERMS AND CONDITIONS OF SALE

TUCKER FRENCH LIMITED – TERMS AND CONDITIONS OF SALE 1. Definitions In these conditions of sale the following meanings shall apply “we” and “us” means Tucker French Limited. “You” means the person seeking to purchase goods from us. “The Goods” means the goods or where the context permits the services to be supplied by us. “Consumer” means a consumer as defined by the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1994 “The defect” means the condition and/ or any attribute of the goods and/or any other circumstances which but for the effect of these Terms would have entitled you to damages. “The terms” means the terms as set out in this document and any special terms agreed in writing between us and you. “The Contract” means the contract for the supply of goods incorporating these terms. If you deal as a consumer any provision of these terms which is of no effect shall not apply. The statutory rights of consumers are not affected by these terms.

2. The Contract 2.1 All orders are accepted by us only under these terms and they may not be altered other than with our written agreement.

Any contrary or additional terms unless so agreed are excluded.

2.2 Quotations are invitations to treat only and shall lapse 7days from their date.

2.3 Orders may be cancelled only with our written agreement and you will indemnity us against all costs, claims, losses or expenses incurred as a result of that cancellation.

2.4 You shall be responsible to us for ensuring the accuracy of the terms of any order including any applicable design drawing or specification provided to us by you and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the contract in accordance with its terms.

2.5 We shall not be liable in respect of any misrepresentation made by us our servants or agents to you your or agents as to the conditions of the goods their fitness for any purpose or as to quantity or measurements unless the representation is 2.5.1.1 made or confirmed in writing by us and/or 2.5.1.2 fraudulent.

2.5.2 Without prejudice to clause 2.5.1 of these term while we take every precaution in the preparation of our catalogues, technical circulars, price lists and other literature these documents are for your general guidance only and statements made there in (in the absence of fraud on our part) shall not constitute representations by us and we shall not be bound by them.

If you require advice in relation to the goods a specific request for advice should be made, any advice made or confirmed in writing in response to such a request shall amount to a representation and we shall be liable accordingly.

2.5.3 For the avoidance of doubt if you are not dealing as a consumer our liability for damages for misrepresentation (other than fraudulent) is excluded or limited by clause 8 of these terms. The statutory rights of a consumer are not affected by these terms.

3. Price 3.1a) The price of the goods shall be as published on our price list current at the date of acceptance of order. The price is exclusive of VAT which shall be due at the rate ruling on the date of a VAT invoice.

3.1b) Our quotations and prices are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of the goods as at the time of delivery by such amount as may be necessary to cover any increase sustained by us after the date of acceptance of your order and any direct or indirect costs of making, obtaining, handling or supplying the goods.

3.2 Our quotations are based on prices applicable to the quantity specified. In the event of orders being placed for lesser quantities we shall be entitled to adjust the price of the goods as ordered to take account of the variation in quantity.

4. Payment 4.1 Unless the sale is for cash or other credit terms have been agreed in writing all accounts are due for payment on the last day of the month following the month in which the goods are invoiced.

4.2 Invoices which we issue are deemed to have been accepted and agreed for payment by us unless we are notified otherwise within seven days of the invoice date.

4.3 We reserve the right to refuse to execute any order or contract if the arrangements for payment or the customers credit are not satisfactory to us, or specifically if the credit limit which has been set on the customer account is exceeded, and in our sole discretion we may require payment for each consignment when it is available and before it is despatched, in which case delivery will not be effected until we are in receipt of cleared funds.

4.4 In the case of short delivery you will remain liable to pay the full invoice price of all goods delivered or available for delivery.

4.5 You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have for any reason whatsoever.

4.6 We shall be entitled at all times to set off any debt or claim of whatever nature which we may have against you against any sums due by us to you.

5. Delivery 5.1 Delivery will be effected when the goods leave our premises or the premises of our supplier when the goods are delivered direct from suppliers.

5.2 Delivery dates are given in good faith but are estimates only.

5.3 Time for delivery shall not be of the essence of the contract.

5.4 For the avoidance of doubt and without derogation from any other provisions of these terms we shall not be liable for any damages whatsoever whether direct or consequential (including for the avoidance of doubt any liability to any third party) resulting from any delay in delivery of the goods or failure to deliver the goods in a reasonable time whether such delay or failure is caused by our negligence or otherwise howsoever.

5.5 We reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment. Our failure to deliver any one or more instalments or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.

5.6 Unless otherwise stated all quotations and estimates assume deliver in full loads. We reserve the right to levy additional charges for deliveries by instalments where requested by you.

5.7 The price agreed includes the cost of delivery on week days and Saturday mornings during normal working hours. An additional charge will be made if we agree to your request to deliver outside normal working hours. Saturday afternoons, Sundays and/or Bank Holidays.

5.8 You must provide the necessary labour for unloading the goods and unloading is to be completed with reasonable speed. If our delivery vehicle is kept waiting for an unreasonable time or is obliged to return without completing delivery or if we provide additional staff to unload goods or if for any reason you fail to accept deliver of the goods an additional charge will be made.

5.9 We shall deliver the goods as near as possible to the delivery address as a safe hard road permits. We reserve the right to refuse to deliver the goods to premises considered in the discretion of the driver to be unsuitable.

5.10 If goods are to be deposited on your private premises or on any other premises as you instruct, you shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection at all times of persons or property and will indemnity us in respect of all costs, claims, losses or expenses which may be incurred as a result of such delivery, whether caused directly by our vehicle or employees or not, and whether on the public highway or elsewhere.

6. Inspection and Returns 6.1 You shall inspect the goods at the place and time of unloading but nothing in these terms shall require you to break packaging and/or unpack goods which are intended to be stored before use. Goods supplied may differ in non material respects from those advertised in the supplier’s catalogue or other promotional material.

6.2.1 You must give us written notice within two working days of unloading of any claim for short delivery.

6.2.2 If you do not give us that notice within that time the goods will be deemed to have been delivered in the quantities shown in the delivery documents.

6.2.3 You shall not be entitled and irrevocably and unconditionally waive any right to reject the goods or claim any damages whatsoever for short delivery howsoever caused.

6.2.4 Our liability for short delivery is limited to making good the shortage.

6.3.1 Where it is or would have been apparent on a reasonable inspection that the goods are not in conformity with the contract or (where the contract is a contract for sale by sample) that the bulk does not compare with the sample you must give us written notice within two working days.

6.3.2 If you are not a consumer and you fail to give us that notice within that time the goods will be deemed to have been accepted and you shall not be entitled and irrevocably and unconditionally waive any right to reject the goods.

6.3.3 If you are not a consumer and you fail to give us that notice within that time clause 8.7 shall have effect.

6.3.4 Credit will be given for returns which are received back by us within 7 days of the date of invoice, provided that the goods are in a condition fit for resale or provided that we accept responsibility for the damaged or otherwise unsatisfactory state of the goods. Credit will not be allowed if the goods have been soiled, damaged or fitted in any way since the time of sale. Returns will only be accepted if the correct invoice number relating to the sale of the goods is supplied. We reserve the right to levy a handling charge of 10% on goods returned directly to us and 15% in cases where goods are returned to us and we involved in their collection from the customer or any other place.

7. Title and Risk 7.1 Risk in the goods shall pass to you when the goods are delivered.

7.2 The property in the goods shall remain with us until you pay all sums due to us whether in respect of this contract or otherwise.

7.3 Until title passes.

7.3.1 You shall hold the goods as our fiduciary agent and bailee.

7.3.2 The goods shall be stored separately from any other goods and you shall not interfere with any identification mark labels batch numbers or serial numbers on the goods.

7.3.3 We agree that you may use or agree to sell the goods as principal and not as our agents in the ordinary course of your business subject to the express condition that at our discretion the entire proceeds of any sale or insurance proceeds received in respect of the goods are held in trust for us and not mixed with any other monies or paid into an overdrawn bank account and shall at all times be identifiable as our money.

7.4 We shall be entitled to recover the price of the goods including VAT even though the property in any of the goods remains with us.

7.5 We shall be entitled at any time to recover any or all of the goods in your possession to which we have title and for that purpose we our servants or agents may with such transport as is necessary enter upon any premises occupied by you or to which you have access and where the goods may be or are believed to be situated.

8. Liabilities 8.1 Nothing in these terms shall exclude or restrict our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation.

8.2 We are willing to undertake liability in addition to that provided by these terms if a higher selling price for the goods is agreed.

8.3 If you deal as a consumer any provision of these terms which is of no effect shall not apply. The statutory rights of a consumer are not affected by these terms.

8.4 Subject to clauses 8.1 to 8.3 of these Terms we shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability in damages we undertake liability under clause 8.5 below.

8.5 Where but for the effect of clause 8.4 of these terms you would have been entitled to damages against us we shall not be liable to pay damages but subject to the conditions set out in clause 8.6 below shall in our sole discretion either repair the goods at our own expense or supply replacement goods free of charge or refund all (or where appropriate part) of the price paid for the relevant goods.

8.6 We will not be liable under clause 8.5: 8.6.1 If the defect arises from fair wear and tear.

8.6.2 If the defect arises from wilful damage, negligence, abnormal working conditions, mis-use alteration or repair of the goods failure to follow British Standard or industry instructions relevant to the goods or storage of the goods in unsuitable conditions (but this sub-clause shall not apply to any act or omission on our part).

8.6.3 Unless after discovery of the defect we are given a reasonable opportunity to inspect the goods before they are used or in any way interfered with. For the avoidance of doubt we acknowledge that the costs of suspending works are relevant to the determination of what is a reasonable opportunity and this sub-clause shall not apply to any works affecting the goods which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures.

8.7 Subject to clauses 8.1 to 8.3 of these terms we shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any damage whatsoever (if not withstanding clause 8.4 of these terms you are entitled to recover any)nor shall we be liable under clause 8.5 of these terms unless 8.7.1 If the defect would have been apparent on a reasonable inspection under clause 6.1 of these terms at the time of unloading written notice of any claim is given to us within 2 working days of the time of unloading or in any other case 8.7.2 The defect is discovered within one month from the date of delivery and we are given written notice of the defect within two working days of it being discovered.

8.8 If the goods are not manufactured by us or have been processed or milled by a third party whether or not at our or your request our liability in respect of any defect in workmanship or materials of the goods will be limited to such rights against the manufacturer or the third party as we may have in respect of those goods. We will on written request provide details of our rights against the manufacturer or third party and any other terms and conditions imposed by the manufacturer or the third party and so far as possible will on request assign to you any such rights.

8.9 If the goods are manufactured processed or milled by us to the design quantity measurement or specification of you or your agents then: 8.9.1 Subject to clauses 8.1 to 8.3 of these terms we shall not be under any liability for damages whatsoever or under clause 8.5 of the terms as the case may be except in the event of: 8.9.1.1 Fraudulent misrepresentations 8.9.1.2 Misrepresentation where the representation was made or confirmed in writing 8.9.1.3 Non compliance with such design quantity measurement or specification 8.9.1.4 Breach of written warranty by us that the goods are fit for that purpose or 8.9.1.5 A claim maintainable against us pursuant to clause 8.1 or 8.3 of these terms 8.9.2 You will unconditionally fully and effectively indemnity us against all loss damages costs on an indemnity basis and expenses awarded against or incurred by us in connection with or paid or agrees to be paid by us in settlement of any claim for infringement of any patents copyright design trademark or any other industrial or intellectual property rights of any other person.

8.9.3 You will further unconditionally fully and effectively indemnity us against all loss damages costs on an indemnity basis and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any other claim arising from any such manufacturing processing or milling including but not limited to any defect in the goods. This indemnity will be reduced in proportion to the extent that such loss damage costs and expenses are due to our negligence.

8.10 If you are not dealing as a consumer you will unconditionally fully and effectively indemnity us against all loss damages costs on an indemnity basis and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim by any third party arising from the supply or use of the goods including loss arising from our negligence.

8.11 Without prejudice to any other provisions in these terms in any event our total liability for any one claim or for the total of all claims arising from any one act of default on our part (whether arising from our negligence or otherwise) shall not exceed the purchase price of the goods the subject matte of any claim or such greater figure as is from time to time the limit of liability laid down by our insurers in respect of any such claim.

9. Non-Payment / Insolvency 9.1 “Insolvency” means you becoming unable to pay your debts within the meaning of section 123 of the insolvency Act 1986; the levying or the threat of execution or distress on any of your property; the appointment of a receiver or administrative receiver over all or any part of your property; a proposal for a voluntary arrangement or compromise between you and your creditors whether pursuant to the Insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding up or summoning a meeting to pass such a resolution otherwise than for the purpose of a bona fide amalgamation or reconstruction: the presentation of a petition for your winding up or for an administration order in relation to you: if you suffer any analogous step or proceedings under foreign law or you ceasing or threatening to cease to carry on your business.

9.2 If you fail to pay the price of any goods on the due date or you become insolvent or if you are a limited company or partnership there is a material change in your constitution or you commit a material breach of this contract and fail to remedy that breach all sums outstanding between you and us shall become immediately payable and we shall be entitled to do any one or more of the following (without prejudice to any other right or remedy we may have):9.2.1 Require payment in cleared funds in advance of further deliveries 9.2.2 Cancel or suspend any further deliveries to you under any contract without liability on our part 9.2.3 Charge interest on the balance of monies outstanding at the rate of 4% above the Lloyds Bank PLC base rate in force from time to time from the date the payment became due until actual payment is made after as well as before judgement 9.2.4 Recover the cost from you of any bank charges which we incur in obtaining payment from you.

9.2.5 Recover the cost from you of any legal and professional costs and expenses which we incur in collecting payments which are due from you 9.2.6 Payments made on account of this total amounts due to us by you, will be allocated first against the invoices which are the most due for payment 9.2.7 Without prejudice to the generality of clause 7 of these terms exercise any of our rights pursuant to that clause.

10. General 10.1 This contract shall be governed and interpreted exclusively according to the law of England.

10.2 We shall not be liable for any delay or failure to perform any of our obligations in relation to the goods due to any cause beyond our reasonable control including industrial action.

10.3 The waiver by us of any breach or default of these terms shall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision.

10.4 If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub clauses of these terms shall not be affected and they shall remain in full force and effect.

10.5 Headings to these conditions are included to facilitate reference only and should not affect the construction thereof.

10.6 Health and Safety information relevant to the goods is available on request.

Tucker French & Maloney’s Terms & Conditions - Updated 2018 These terms and conditions tell you information about us and the legal terms and conditions (Terms) on which we and First4Loyalty Limited (First4Loyalty) make available the Tucker French & Maloney’s Rewards Scheme (Rewards Scheme) to you. The Reward Scheme has been established exclusively for our trade customers. These Terms are made available to you on our website.

These Terms apply to the contract between you, us and First4Loyalty for provision of the Rewards Scheme (Contract). Please read these Terms carefully and make sure that you understand them, before registering to participate in our Rewards Scheme. Please note that before registering for the Rewards Scheme you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to participate in the Rewards Scheme. You should print a copy of these Terms or save them to your computer for future reference.

We/First4Loyalty reserves the right to amend these Terms and Conditions, the Website Terms of Use, the Privacy Policy, and/or the Cookie Policy at any time. Participants who continue to participate in the Reward Scheme following any such amendments will be considered to have accepted such updated documents.

1. INFORMATION ABOUT US 1.1 The Loyalty Scheme is made available by Tucker French Limited (we, us, our) (Company Number 04030203), Registered Address: [Rowan House, Hill End Lane, St Albans, Hertfordshire, AL4 0RA, United Kingdom. Our VAT number is 697614. The Loyalty Scheme is operated through the website www.tfmrewards2018.co.uk (Website).

1.2 We have appointed a third party to manage the Rewards Scheme on our behalf. The Rewards Scheme is managed by First4Loyalty Limited (First4Loyalty) (Company Number 09971883); Registered Address: Ghyll Beck House, Gill lane, Yeadon, Leeds, LS19 7SE) and whose principal place of business is 4, Moorfield Chambers, Yeadon, Leeds LS19 7EA. First4Loyalty can be contacted by telephone on 0113 887 8620, or by email to tfmrewards@first4loyalty.co.uk. If you have any queries regarding the Rewards Scheme you should direct those queries to First4Loyalty.

2. THE REWARDS SCHEME 2.1 The Rewards Scheme is a free scheme which is made available to you on the basis that you are one of our trade account customers and we wish to reward you for your custom. We make the Rewards Scheme available to our other customers. The Rewards Scheme is made available entirely at our discretion and may be withdrawn at any time.

2.2 By participating in the Rewards Scheme, you confirm you have read, understood and accept the Terms.

2.3 All participants of the Rewards Scheme must be aged 18 or over.

2.4 By participating in the Rewards Scheme, you confirm you will accept receipt of informative communication and materials from us and from First4Loyalty, which includes marketing material directly regarding the Rewards Scheme. For these purposes, reference to you also includes any individuals who you nominate within your business to receive such communications from us and First4Loyalty. You expressly agree to the receipt of such material via SMS messages and/or email. You may opt out of receiving these materials by SMS messages and/or email any time by clicking the ‘unsubscribe’ button on any of the SMS messages and/or emails you receive or by contacting First4Loyalty or us.

2.5 When registering for the Rewards Scheme you will be required to provide details of your business and an account will be set up in the name of your business (the account). You can also provide details of an individual who we and First4Loyalty shall correspond with in relation to your account.

The Rewards Scheme shall only apply to products purchased from us in your account name and products purchased through the Rewards Scheme are for use only within your business.

2.6 The Rewards Scheme is operated on an annual basis. The 2018 Rewards Scheme operates from the 1st January to 31st December 2018 and each year the Reward Scheme operates will be a Rewards Scheme Year, for the purposes of the Terms. You will be supplied with a target spend for each Rewards Scheme Year which you must achieve in order to qualify for rewards under the Rewards Scheme. Your qualifying Reward Scheme spend shall be inclusive from the first day of the month in which you complete your registration. Backdating of spend towards the Reward Scheme targets is not permitted. For more detail about the rewards, please see clause 9.

2.7 The Rewards Scheme is only available to those of our customers who are based in the United Kingdom. If you are based outside the United Kingdom, you cannot apply to join the Rewards Scheme.

2.8 If your application to join the Rewards Scheme is successful, and you qualify for and redeem a reward, you may be issued with a reward code via email, which will expire after 12 months of receipt. Any rewards not redeemed before expiry dates will be forfeited and your e-code will become invalid.

3. MANAGEMENT OF THE REWARDS SCHEME 3.1 The Rewards Scheme is operated and managed on our behalf by First4Loyalty.

3.2 Any queries relating to the Rewards Scheme should be directed to First4Loyalty who can be contacted via telephone on 0113 887 8620, or by email to tfmrewards@first4loyalty.co.uk. The methods of communication in connection with the Rewards Scheme shall be via the Website and via email to tfmrewards@first4loyalty.co.uk, or via telephone on 0113 887 8620 or such other methods as First4Loyalty or us deem appropriate from time to time.

3.3 Our employees and staff cannot confirm if your account is registered on the Rewards Scheme or the amount you have spent during your participation in the Rewards Scheme. Only First4Loyalty can confirm if you have successfully registered for the Rewards Scheme and the details relevant to your Rewards Scheme account. You may visit the Website to view your spend to date, or see the Website FAQs. 3.4 Rewards earned through the Rewards Scheme are issued by other third party companies including (but not limited to) Park Retail Ltd, (Registered Company Number 0402152; Registered Address: Valley Road, Birkenhead, CH41 7ED) trading as Love2Shop (Love2Shop). Please see clause 10 for more details regarding the redemption of rewards.

4. YOUR PARTICIPATION IN THE REWARDS SCHEME 4.1 You confirm that you have authority to bind the business on whose behalf you use the Website and the Rewards Scheme.

4.2 The Contract, which comprises these Terms constitutes the entire agreement between you, Frst4Loyalty and us in relation to the Rewards Scheme and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

4.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

4.4 You, we and First4Loyalty agree that none of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

4.5 In order to participate in the Rewards Scheme you must register for the Rewards Scheme. This can be done electronically using the registration form available on the Website, or by any other campaign managed by First4Loyalty or us.

4.6 Under no circumstances can any of your staff register an account on their own behalf, they can only register an account on your behalf with your consent.

5. HOW THE CONTRACT IS FORMED BETWEEN US 5.1 The Website will guide you through the steps you need to take in order to register as a participant in the Rewards Scheme. Please take the time to read and check your registration information during the registration process. You will be sent an email confirming the details you submitted when

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registering for the scheme. It is your responsibility to check you have submitted the correct details. If you wish to make any amends please contact First4Loyalty on the contact details above.

5.2 When completing the registration form, you must provide a valid email address that is registered to you (or the individual registering the account on your behalf) by which you can be contacted throughout the duration of the Rewards Scheme. You must also provide an address and telephone number on which you can be contacted in connection with the Rewards Scheme.

5.3 Any correspondence in relation to the Rewards Scheme will be sent to the email address you have supplied. We and First4Loyalty accept no responsibility for emails we/First4Loyalty do not receive due to spam filters or subscriptions.

5.4 When registering you must also provide details of your Tucker French or Maloney’s account code (which must be a valid and up to date account code) to enable qualifying sales to be added to your Rewards Scheme account. If you provide an incorrect account code during the registration process, we/First4Loyalty can accept no liability or responsibility for your spending being allocated to the wrong Rewards Scheme account or not been allocated to you. Therefore, if you have any queries regarding your account code, or any concerns regarding the spending that has or has not been allocated to your account, please contact First4Loyalty immediately using one of the contact methods outlined above.

5.5 After you have submitted your completed registration form successfully, you will receive an email from First4loyalty, on our behalf, confirming that they have received your completed application.

5.6 Once First4Loyalty have reviewed your registration form, they will contact you to confirm whether your application to register for the Rewards Scheme has been accepted. This confirmatory email will be sent from First4Loyalty, on our behalf.

5.7 When you complete the registration form you will be required to confirm you have read, understood and accept these Terms. When you submit your registration form, you will be bound by these Terms. We/First4Loyalty will confirm your acceptance to the Rewards Scheme via email, and at this point the Contract between us, First4Loyalty and you will be formed.

5.8 You are required to keep your personal account details safe and secure and you should not disclose these to anyone other than those of your employees who are involved in the administration of the Rewards Scheme on your behalf.

5.8 If your application to register for the Rewards Scheme cannot be accepted, First4Loyalty will inform you of this by email, or you may alternatively receive notification of this via your local branch. You may contact First4Loyalty for more details as to why your application was unsuccessful using one of the contact methods supplied above. Please note we/First4Loyalty may accept or reject applications entirely at our discretion.

5.9 You may be required to complete the registration process in subsequent Rewards Scheme Years. However, if you are not asked to complete the registration process again, you agree that we and First4Loyalty may automatically renew your participation in the Rewards Scheme during each subsequent Rewards Scheme Year.

5.10 If you have been automatically enrolled into the 2018 Rewards Scheme, you will be required to log into your Rewards Scheme account and accept these Terms before your registration is complete. Upon accepting the Terms, you will become an active registration of the Rewards Scheme and on this date the Contract between us, First4Loyalty and you will be formed.

5.11 We and First4Loyalty will not accept any third party or joint registrations. Only one registration per participant will be accepted. Companies which are in the same group and are your subsidiaries or holding companies (as defined in section 1159 of the Companies Act 2006) shall be deemed to be part of the same account as the company in whose group they operate. Accounts which are found to be duplicate accounts shall be dealt with by First4Loyalty, who shall contact you to notify you of how these duplicate accounts will be managed. We and First4Loyalty reserve the right to refuse, merge or close accounts at any time.

5.12 It is a condition of entry to the Rewards Scheme that all information given by you at registration is true, current, accurate and complete. It is your obligation to notify First4Loyalty of any changes in the information submitted by you at registration and to ensure that your details (including your account details) remain accurate, correct and up to date. Unless First4Loyalty or we expressly agree otherwise in writing, all communications that are sent to you will be sent to the email address or postal address that was provided by you at registration. We and First4Loyalty accept no liability for any failure to comply with our obligations under the Terms where such breach is caused, directly or indirectly, in connection with your failure to supply correct information or update your information, or for any lost, delayed or undeliverable communications.

5.13 If you fail to provide all of the requested and required information, you may be disqualified from, and not permitted to participate in, the Rewards Scheme.

5.14 We and First4Loyalty are not responsible for incomplete, unclear, incomprehensible or distorted applications to the Rewards Scheme. Such applications will be classed as void.

5.15 We and/or First4Loyalty may terminate your participation in the Rewards Scheme immediately at any time and cancel or suspend any reward points you have received if we and/or First4Loyalty have reasonable grounds to suspect or believe you have: i. acted in a way that harms First4Loyalty’s or our goodwill or reputation or that of the third parties we/First4Loyalty engage directly or indirectly to manage the Rewards Scheme on our behalf (including, without limitation Love2Shop (Third Parties)); ii. engaged in any illegal or fraudulent conduct or activities; iii. collected or redeemed (or attempted to collect or redeem) points dishonestly or fraudulently; iv. acted in a hostile, abusive or aggressive manner towards any of our staff or the staff of our Third Parties; v. knowingly provided false or misleading information at any time during your participation in the Rewards Scheme; vi. become unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; you commence negotiations with all or any of your creditors with a view to rescheduling any of your debts; you have an order made, for or in connection with your winding up; an order is made for your administration; a receiver is appointed over your assets; or you suspend or cease carrying on all or a substantial part of your business; vii. failed to comply with the terms of payment we have agreed with you in respect of product sales; viii. breached or attempted to breach any of these Terms.

5.16 The Rewards Scheme is only available to our account customers.

5.17 The Rewards Scheme is not available to Local Authority or Public Sector customers.

6. CANCELLING YOUR PARTICIPATION IN THE REWARDS SCHEME 6.1 You can choose to withdraw your participation in the Rewards Scheme at any time by contacting First4Loyalty by email at tfmrewards@first4loyalty.co.uk. Any accumulated reward points not redeemed by the date of withdrawal shall be forfeited and you will not be entitled to any financial or other compensation for any unredeemed reward points.

6.2 Except where we/First4Loyalty exercise our right to cancel under clause 5.13, we/ First4Loyalty may cancel, suspend or withdraw your right to participate in the Rewards Scheme at any time by notice in writing. For the avoidance of doubt, this includes sending an email to the email address registered to your account. Your right to use any accumulated reward points will be forfeited and you will not be entitled to any compensation or damages from us or our Third Parties.

7. TAXES 7.1 We, First4Loyalty and our Third Parties accept no responsibility for any tax liability arising from your participation in the Rewards Scheme.

7.2 Those persons who receive the benefit of rewards from the Rewards Scheme may incur a tax liability dependent on their employment status.

The reporting of the reward to HMRC and any tax liability and/or National Insurance contributions arising from it is your responsibility or that of the person receiving the benefit of the rewards. We, First4Loyalty and our Third Parties accept no responsibility for any such tax liability or any failure by you or the individual to notify the relevant authorities.

8. OUR RIGHT TO VARY THE TERMS AND THE REWARDS SCHEME We and First4Loyalty reserve the right to alter or amend the Rewards Scheme and/or the Terms at any time during or at the end of the Rewards Scheme. If we and/or First4Loyalty amend the details of the Rewards Scheme and/or the Terms we and/or First4Loyalty will contact you to notify you of these changes. You may withdraw from the Rewards Scheme at this point if you do not wish to continue to participate in the Rewards Scheme as a result of the changes.

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9. REWARDS 9.1 If your application to join the Rewards Scheme is successful, you will be issued with a target spend (Target) which you must spend with us in the Rewards Scheme Year in order to qualify for rewards under the Rewards Scheme. Only products invoiced by us [and paid by you] during the month you join the Rewards Scheme until the end of the current Rewards Scheme Year will be included towards the Target. No other backdating of your spending will be permitted, unless agreed individually with us directly. For the purpose of these Terms, such spending is classed as the qualifying spend (Qualifying Spend). The Qualifying Spend excludes VAT, Worcester Boilers and items we determine are non-stocks (entirely at our discretion), and these will be displayed on your online account for reference. A 10% spend boost will be allocated against all Instinct Product purchases, Polypipe purchases, Ideal Boilers, Own brand underfloor heating purchases and Henrad flat panel radiator purchases. We withdraw the right to exclude this spend boost at any time.

9.2 Details of your Rewards Account Spend will be updated once a month and detailed on your online account.

9.3 We reserve the right to exclude certain products from the Rewards Scheme entirely at our discretion. This may also include temporarily excluding products which are the subject of a promotional offer.

9.4 Your credit account with Tucker French & Maloney’s must be fully paid and up-to-date in line with the payment terms we have agreed with you, throughout the duration of the Rewards Scheme. Rewards will only be issued against purchases that have been paid for in full and if there are overdue balances on your credit account with us, we reserve the right to withhold the rewards until you have paid the overdue balance in full and cleared funds.

9.5 Qualifying Spend will only be considered from the relevant account.

9.6 In order to qualify for rewards under the Rewards Scheme your Qualifying Spend must meet or exceed the Target for the relevant Rewards Scheme Year. You cannot combine your spending for periods before or after the relevant Rewards Scheme Year towards the Qualifying Spend under any circumstances.

9.7 All credits raised against invoices processed during the Rewards Scheme Year will be deducted from Qualifying Spend.

9.8 Should a refund or credit result in you no longer being eligible to receive a reward that has already been redeemed and spent, the amount rewarded will be offset against the credit/refund amount.

9.9 We/First4Loyalty reserve the right to correct any mistakes that are made in respect of the Qualifying Spend issued to you but we/First4Loyalty recommend that you keep records of your transactions so that you can verify the information held on your account by us is accurate. Any queries in connection with the Qualifying Spend accrued should be directed to First4Loyalty as soon as possible after they arise.

9.10 Any customer account credit balance, which has been created due to a reward credit, cannot be refunded in cash and must be used for future purchases.

10.

CLAIMING A REWARD 10.1 Any reward claims arising under the Rewards Scheme will be verified against First4Loyalty’s and our records. The details on First4Loyalty’s and our records are the only records which will be considered in calculating your rewards under the Rewards Scheme.

10.2 Upon redeeming your reward, you may be given an option to choose to redeem either a Love2Shop reward code, or to redeem Tucker French and Maloney’s Credit.

10.3 After your redemption has been processed, your redemption selection cannot be changed, For example, if you select a Love2Shop reward, this cannot be exchanged for a Tucker French and Maloney’s credit at a later date, and vice versa.

10.3 No monetary equivalents are offered under the Rewards Scheme.

10.4 The rewards for this Rewards Scheme Year must be redeemed by 16th February 2019.

10.5. If you have selected to redeem a Love2Shop e-code, you will receive this to your registered email address. Each reward code will expire 12 months from when you receive the e-code. Once you have used your code, the expiry date will be replaced by the terms and conditions of what you have used your e-code for. Any monies left on your e-code after the expiration date will automatically be removed after the 12 month period has expired and your code will become invalid. If you have exchanged your e-code for a physical gift card and a longer date is shown, this extended date will become applicable.

10.6 All rewards must be redeemed through the Website.

10.7 Rewards can only be redeemed by you when you have achieved the Target and cannot be transferred to other parties.

10.8 It is the responsibility of the Tucker French and Maloney’s Account Customer to ensure that the email provided at registration belongs to them, or belongs to someone whom they nominate to receive their reward code. Reward codes can only be sent to the email address registered to the scheme.

10.9 You should be aware that the full redemption process can take up to 28 working days.

11.

REWARD PARTNER 11.1 All rewards offered through the Rewards Scheme are supplied by third parties (including, without limitation, Love2Shop). We and First4Loyalty will need to send certain information to these third parties for the purposes of supplying your Reward. This information will include your name and email address. For more information about the third parties who are used to supply rewards (including who they are and what information they will receive), please contact First4Loyalty. When you redeem your reward, by accepting the reward you are agreeing to be bound by the terms and conditions of the third party supplier of the reward. It is your responsibility to carefully check and read the terms and conditions of the supplier of your reward.

11.2 Please visit https://love2shop.co.uk/website-tcs to view the third party Love2Shop Terms and Conditions.

11.3 Love2Shop are an independent company and have no connection to Tucker French and Maloney’s or First4Loyalty.

11.4 Any holiday bookings will be subject to the terms and conditions of the tour operator. This will be provided to the customer at the time of booking.

Tucker French and Maloney’s and First4Loyalty accept no liability.

11.5 If the Participant wishes to travel during public holidays there may be additional costs which will need to be supplemented by the customer.

11.6 It is possible to enhance Love2Shop Holidays package subject to availability and supplementary costs.

11.7 All packages are subject to availability at the time of confirmation.

11.8 It is the responsibility of the main traveller to ensure that s/he and his/her family or travel companions who are accompanying them on the trip all have the necessary travel insurance, any recommended inoculations or other medical precautions and visas/passports. Tucker French and Maloney’s or any suppliers linked with the Rewards Scheme will not be held responsible for any travellers having inadequate travel insurance or being unable to travel through not having the necessary passport or visa.

12.

PROTECTING YOUR DATA AND HOW YOUR DATA IS USED. 12.1 This section 12 provides the information of which we are obliged to make you aware, under the General Data Protection Regulation (as updated from time to time) (“GDPR”). We and First4Loyalty confirm that at all times, we will process any personal data (being data relating to a living individual) provided by you to us/First4Loyalty, in accordance with the GDPR. 12.2 As explained above, we are the data controller of all personal data you provide in relation to the Reward Scheme. We have appointed First4Loyalty to operate the Reward Scheme on our behalf, and they will need to process your data (including any personal data you supply) in order to operate the Reward Scheme. Accordingly, they are our data processor. The terms “data controller” and “data processor” are both defined terms, and have specific meanings under the GDPR. In order to participate in the Reward Scheme, you need to consent to us and First4Loyalty processing your data (including personal data) in order to operate the Reward Scheme. By agreeing to these Terms, you will be deemed to have consented to such processing. You can object to such processing at any time by contacting us/First4Loyalty. However, you must understand that if you do not allow First4Loyalty to process your data, you will not be able to participate in the Reward Scheme. If you need us to clarify in any more detail how your data is processed, you can contact us at any time.

12.3 In order to provide the Reward Scheme to you, we and First4Loyalty will collect and process the following data from you: 12.3.1 information about you that you give us by filling in the registration form on the Website or by corresponding with us and/or First4Loyalty by phone, e-mail or otherwise. This will include the personal details of any individual you nominate to administer your account, receive marketing communications, information and promotions, and any individual you nominate to receive information about the incentives made available to you as part of the Reward Scheme. Such individual’s data shall be referred to as “Nominee Data” in these Terms. In these Terms reference to “your data” includes any Nominee Data.

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12.3.2

12.4

12.5 12.6

It is important that any individual, whose Nominee Data is supplied to us for the purpose of operating the Reward Scheme, consents to us and First4Loyalty processing their Nominee Data for the purposes described in section 12.3.1 above. Accordingly, you must bring these Terms to the attention of any such nominee. By agreeing to these Terms you are confirming that you have brought to the attention of, and the nominee has agreed to, the processing of their Nominee Data for the purposes of operating the Reward Scheme.

12.3.3 We and First4Loyalty may receive about you from other sources. For example, we may ask First4Loyalty or their authorised agents to contact you to ensure the data we hold about you is correct and to determine any information which we need to operate the Reward Scheme, which is currently missing from our records. First4Loyalty will provide that information to us, and they will also keep a copy of such data for the purposes of operating the Reward Scheme. If you would like information about the authorised agents First4Loyalty use for ithese purposes, please contact First4Loyalty.

How will we and First4Loyalty use your data: We and First4Loyalty will use your data for the following purposes: 12.4.1 To enable you to participate in the Reward Scheme; 12.4.2 To manage your membership of the Reward Scheme. This will include:  contacting you to send you updates about your account. Such updates may be sent by us or First4Loyalty.  us and/or First4loyalty contacting you to tell you about incentives which could be available to you. You must agree to receiving such updates in order to participate in the Reward Scheme. If you do not wish to receive updates, you will not be able to participate in the Reward Scheme.  We and/or First4Loyalty and/or its agents may use your data to send marketing messages, information and promotions to you and any individuals you nominate to administer and/or receive information about rewards and incentives. These messages may be issued in various formats, including (but not be limited to) letters, emails and/or text messages. You may contact us / First4Loyalty at any time to opt out of receiving such marketing messages and information.

You can obtain further information about how we and First4Loyalty process personal data by reading our privacy policy via our website and First4Loyalty’s privacy policy at www.tfmrewards2018.co.uk In relation to any personal data that we and/or First4Loyalty, on our behalf, process we and First4Loyalty will: 12.6.1 not retain any personal information you provide to us for longer than is necessary to provide the Reward Scheme; 12.6.2 ensure we and First4Loyalty, taking into account the costs of implementation and the nature, and purpose of the data processing, implement appropriate technical and organizational measures to protect your personal data.

13. LIABILITY 13.1 Nothing in these Terms limits or excludes First4Loyalty’s and our liability for death or personal injury caused by First4Loyalty’s or our negligence or for our fraud or fraudulent misrepresentation.

13.2 Subject to clause 12.1, we, First4Loyalty and our Third Parties will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for (1) any loss of profits, sales, business, or revenue (2) loss or corruption of data, information or software; or (3) any indirect or consequential loss.

13.3 Except as expressly stated in these Terms, we and First4Loyalty do not give any representation, warranties or undertakings in relation to the Rewards Scheme. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we and First4Loyalty will not be responsible for ensuring that the Rewards Scheme is suitable for your purposes.

14. ADDITIONAL TERMS 14.1 Any purchases and returns of products will be subject to our usual terms of trading, a copy of which are available on request. These Terms do not amend the terms of trading between you and us, which will continue to apply.

14.2 If you are issued with a reward code as part of the Rewards Scheme, We, First4Loyalty and Love2Shop accept no liability for lost or stolen codes. If you have lost or had your reward code stolen, please contact First4Loyalty using the contact details provided above.

14.3 We/First4Loyalty reserve the right to substitute any reward with an incentive/reward equivalent value in the event of circumstances outside of our or First4Loyalty’s control.

14.4 You may view your account details and Qualifying Spend by visiting the Website. We/First4Loyalty may send emails detailing your Qualifying Spend from time to time. However, it is your responsibility to track your own performance.

14.5 We and First4Loyalty are not responsible for any third party websites that are made available to you as part of the Rewards Scheme, nor for any product information or services (including rewards) supplied through or in connection with such third party websites.

14.6 We and First4Loyalty will not be liable for any failure to perform, or delay in performance of our obligations under a contract that are caused by an event outside of our/First4Loyalty’s control. An event outside of our/First4Loyalty’s control means any act or event beyond our reasonable control including (without limitation) strikes, industrial action by third parties, civil commotion, terrorist attack, riot, invasion, fire, storm, flood, earthquake, epidemic or other natural disaster. We/First4Loyalty reserve the right to vary the Terms or cancel or suspend the Rewards Scheme at any time due to an event outside of our/First4Loyalty’s control.

14.7 We and First4Loyalty may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

14.8 You may not transfer your rights or your obligations under these Terms to another business without our express prior written consent.

14.9 This Contract is between you, us and First4Loyalty. Except for you, us, First4Loyalty and (where applicable) Love2Shop and the other third parties which supply rewards for the Rewards Scheme, no other person or entity shall have any rights to enforce any of its terms.

14.10 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.11 If we/First4Loyalty fail to insist that you perform any of your obligations under these Terms, or if we/First4Loyalty do not enforce our rights against you, or if we/First4Loyalty delay in doing so, that will not mean that we/First4Loyalty have waived our rights against you and will not mean that you do not have to comply with those obligations. If we/First4Loyalty do waive a default by you, we/First4Loyalty will only do so in writing, and that will not mean that we/First4Loyalty will automatically waive any later default by you.

14.12 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. All of us irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

End of Terms and Conditions

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