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How to Join - Method of Operation

 

METHOD OF OPERATION



1. Membership

1.1       Each individual, farming partnership or company which is a member of Ringlink (Scotland) Limited (“the Ring”) shall pay an annual subscription to the Ring which shall be decided annually by the board of directors of the Society (“the Board of Directors”).


1.2       Each member must give at least three (3) months advance notice, in writing, of their intention to retire from the Ring.


2. Financial
 2.1       In order that information is made available to members quickly and clearly, a list of goods and services and including standard guide costs for equipment, plant and machinery will be circulated annually or more often if the need arises.

2.2       Members obtaining the use of any equipment, plant or machinery through the Ring shall, subject to the terms of paragraph 4.2 hereof, pay such standard costs, as specified in the price list, for the contracted work as shall be decided annually by the Board of Directors.


2.3       A price for the supply of goods will be provided to members on application. A Demander will be notified by the Ring of the current price for the requested goods, subject to the terms of paragraph 4.2.


2.4       The Ring will charge a levy to both the Demander and the Supplier on the price of goods supplied or contracted work carried out by members for members. Levy charges vary on goods supplied or contracted work carried out; all levy charges are detailed in the annual handbook and are decided annually by the Board of Directors.


3. Indemnity

The Ring participates as an Originator in the Direct Debiting Scheme operated by certain members of the Association for Payment Clearing Services and the Northern Ireland Bankers Association.  The Chairman and Secretary of the Ring are authorised to execute a Form of Indemnity worded in the standard form as required by those members.


4. Supply of Goods, Services or the use of Equipment, Plant and Machinery  

4.1       When a member wishes to purchase goods or contracted work (a “Demander”) they should contact a representative of the Ring (a “Representative”) as soon as possible.  Once the Representative has received a request from a Demander, it is the responsibility of the Representative to match up a member (“a Supplier”) to the requirements of the Demander and to notify the Supplier of his commitment.  No member shall have any right or remedy against the Ring or the Ring Representative in the event that the Representative is unable to match a Supplier to supply the goods or contracted work requested by the Demander.

4.2       Any communications between a Ring Representative and the Supplier or a Ring Representative and the Demander shall under no circumstances be deemed to constitute advice from the Ring or the Representative. For the avoidance of doubt the Demander shall have sole responsibility to determine and satisfy itself as to the appropriateness of any equipment to be supplied and to determine if the equipment and/or goods and/or services suggested is what the Supplier requires under the specific circumstances.


4.3       The Ring is acting as agent for the Supplier and Demander only and under no circumstances shall the Ring or the Representative be deemed to be the principal in any arrangements with the Supplier or the Demander.


4.4       Contracted work is undertaken at the standard rates detailed in the price list in force at the time.  Alterations in price due to availability, operating conditions, quantity of contracted work or any other circumstances may be negotiated between the Demander and the Supplier in which case such alterations in price should be agreed with a Ring Representative before the agreed work is started or the goods are supplied.


4.5       The supply of goods is undertaken at the rates detailed to the Demander on application to the Ring and such prices may vary accordingly and in accordance with the terms and conditions agreed between Supplier and Demander.


4.6       The Ring is acting in the capacity as agents for Supplier and Demander. As such, neither the Ring nor the Board of Directors shall be liable for any delay in performance, or failure of performance, including failure by the Demander to pay, with respect to any of the obligations of Supplier or Demander contemplated by this document.


4.7       The Ring is acting in the capacity as agents for Supplier and Demander only. As such, the Ring shall not, under any circumstances, be liable for the goods supplied or contracted works provided not being of satisfactory quality, not being performed with reasonable skill and care, not conforming to any agreed specification, not being fit for purpose or not being free from material defects in design, material or workmanship. For the avoidance of doubt, any and all obligations and liabilities relating to the quality of the goods and/or services provided shall be the obligations and liabilities of the Supplier.


4.8       The Board of Directors may, at their discretion, restrict the type of the goods supplied through the Ring.


5. Insurance and Risk

5.1       All Suppliers shall at all times whilst carrying on any contracted work maintain in force the following insurance policies with reputable insurance companies:


Public liability insurance for not less than FIVE MILLION POUNDS (£5,000,000) per claim;


5.2       Suppliers shall notify their insurers they are performing contract work for third parties for reward by third parties.


 5.3       The Demander must have full Public and Employers’ Liability insurance with a reputable insurance company for not less than FIVE MILLION POUNDS (£5,000,000) when the contracted work is being performed on the Demander’s behalf by the Supplier and the Demander shall notify their insurer accordingly.

5.4       As agents for Supplier and Demander, the Ring is at no time in possession of the goods or any Supplier’s equipment, plant or machinery. The Ring will bear no risk for neither any damage or destruction suffered by any goods to be supplied nor destruction or damage to any equipment, plant or machinery with respect to any obligations between Supplier and Demander contemplated by this document.
6. Provision of Equipment by Supplier 

6.1       It is the responsibility of the Supplier to ensure that any equipment used by the Supplier in performing the contracted work for the Demander is mechanically sound and fit for its purpose and that it is fully compliant with all Health and Safety legislation, rules or regulations in force at that time.

 

6.2       For the purposes of contracted work, a Ring Representative must be notified immediately of any breakdown of equipment, plant or machinery belonging to the Supplier on the Demander’s premises.  The Supplier will be given a reasonable length of time (seven hours) to have a machine operational again.  If for any reason the repair is going to take longer, then the Ring may appoint another member to complete the contracted work.  Each Supplier will be paid by the Demander for that part of the contracted work which that Supplier completed according to clause 8 below.


6.3       The Demander will be responsible for any damage to the Supplier’s machinery if such damage is caused by the neglect of the Demander or its employees or agents. In no circumstances shall the Ring be deemed liable for any damage contemplated by this clause.


7. Complaints 

7.1       [Complaints by members regarding the provision of services or the use of equipment, plant or machinery, may be made to the Managing Director for mediation.  If no satisfactory settlement can be arranged it is the member’s right to present, in writing, his complaint at the next meeting of the Board of Directors, whose decision will be final.]


7.2       [All members’ complaints as to the general management of the Ring business can be raised with either the Chairman or Vice Chairman.  If no verbal settlement is adequate, a written statement is to be sent to the Chairman with all the relevant information for discussion at the next Board Meeting.  The decision of the Board of Directors will be final.]


8. Invoicing and Payment

8.1       Under no circumstances shall the Ring have any responsibility or liability in regards to the creditworthiness of the Demander and the matching of a Supplier and Demander shall under no circumstances imply any term as to the creditworthiness of a Demander. The Supplier shall have sole responsibility in determining the creditworthiness of the Demander and the Ring shall have no responsibility or liability whatsoever if the Demander fails to adhere to any agreed payment terms.


8.2       When a job is completed to the satisfaction of the Demander, a schedule of the work undertaken will be prepared and signed by the Demander and the Supplier.  The Supplier returns the schedule to the Ring office.


8.3       Members must have a current account at a bank together with authorisation for the Ring to use this account as regards payment for contracted work done or goods supplied among the members, by variable Direct Debit and Credit.  Any Direct Debit returned unpaid to the Ring will incur a £25.00 charge to cover administration and Bank Charges.  Interest at eight percent (8%) or four percent (4%) above Clydesdale Bank PLC base rate, whichever is the greater, will be charged on all overdue accounts.


8.4       Provided the Demander's bank pays the sum to the Ring in terms of the Direct Debit being presented, the Supplier will be paid twenty-eight (28) days from the tax point date of the invoice.


8.5       All contracted work between members, whether arranged through the Ring or not will be billed and paid for through the Ring.


8.6       In accordance with clause 8.5 above, any invoice raised and issued by the Supplier shall be in the name of the Ring. Notwithstanding that the Ring accepts receipt of such invoice from the Supplier in the name of the Ring, the Ring is acting in its capacity as agent of the Demander only and accepts receipt of any invoice in the name of the Ring as a matter of administrative convenience for both the Demander and the Supplier. Any liability to pay an invoice issued by a Supplier shall remain exclusively with the Demander and under no circumstances (subject to clause 8.8 below) shall the Ring be liable (in full or in part) for any invoice raised in the name of the Ring.


8.7       The Ring shall at its discretion, pay a Supplier on behalf of a Demander. In that event, the status of the Ring as agent shall not be affected and the Ring shall be entitled to recover that debt from the Demander.


8.8       The Ring, in its capacity as agent for the Demander, may issue invoices on behalf of the Demander under self-billing arrangements between the Supplier and Demander for VAT invoicing. Any invoice issued by the Ring on behalf of the Demander pursuant to the aforementioned self-billing arrangements shall be done by the Ring in its capacity as agent for the Demander only. Under no circumstances shall the Ring be deemed to be the principal under any arrangements between the Demander and the Supplier and under no circumstances shall the Ring assume or be deemed to have assumed any liability under the arrangement between the Supplier and the Demander.


8.9       Where a member is both a Demander and a Supplier (as the case may be) and the Ring is acting in its capacity as agent for the member in both circumstances, the member agrees that any monies the Ring receives, pursuant to an invoice raised and issued by the Ring in its capacity as agent for the member, may be offset, at the absolute discretion of the Ring, against any other debt due and payable by the member, whether to the Ring or another member of the Ring.



9. Spare Capacity 

9.1       Members are obliged to offer their spare machine capacity to the Ring in the first instance where the Ring is offering a commercially competitive rate and to cover their own additional demand for machines from the Ring where such demand can be satisfied by the Ring at a commercially competitive rate.


9.2       If an arrangement through the Ring is not possible at a commercially competitive rate the member is free to offer and seek machine capacities outwith the Ring, after first informing the Manager.


10. Subcontracting 


10.1     Members can use the Ring as a source of sub-contracting for work outside Ring customers.  The Demander will collect their bill through their normal invoicing routine. The Supplier will be paid through the Ring system.


10.2     All transactions and negotiations in connection with the Ring must be made through a Ring Representative or the Managing Director who is solely responsible to the Board of Directors.



Any failure to comply with the clauses of this Method of Operation document may result in your membership being reviewed.

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