BENEFIT AGREEMENT - TERMS & CONDITIONS
Computers, Digital Cameras, Smart TVs, Mobile Phones and White Goods
INTRODUCTION
This Benefit Agreement is in two parts: the front page setting out various items of key information (including the Benefit Period and the Salary Sacrifice Reductions You agree to) and these terms & conditions. This Benefit Agreement sets out the basis on which We will allow You to use the Product(s).
This Benefit Agreement also varies Your terms & conditions of employment. Specifically, it sets out the terms on which You agree to give up part of Your entitlement to salary in return for the non-cash benefit of the Products being loaned to You during the Benefit Period.
DEFINITIONS
“Benefit Agreement” means this Benefit Agreement which incorporates these terms & conditions;
“Benefit Period” means the duration of use stated in this Benefit Agreement;
“Product(s)” mean the products and goods listed in this Benefit Agreement being used by You;
“Monthly Salary Sacrifice” means the monthly payment reduction from Your gross salary as set out in this Benefit Agreement;
“Programme” means this Benefit Program;
“We”, “Our” and “Us” means Your employer and its benefits contractors;
“You” and “Your” means an employee of the employer providing the Products as identified in this Benefit Agreement;
“Programme Provider” means our nominated operator of the Benefit Program;
“Insurers” - where applicable means the insurance is arranged by Mandeville Select Limited and is underwritten by Bastion Insurance Company Limited. Please check for details of insurance inclusion on the programme website;
“Owner” means the ultimate owner of the product(s) loaned to You for the duration of this Benefit Period;
1. ORDERING, DELIVERY AND COLLECTION
1.1 ORDERING
The Product(s) chosen by You will be ordered upon approval of your order by Us.
1.2 DELIVERY TIME
All deliveries are Monday to Friday (excluding Public Holidays). Shortly after the closure date of this programme - and the approval of Your participation - You will be contacted and notified of the delivery date. If You have any queries, please use the ticketing system accessible via the Contact Us tab available on the Website or contact support@1callbenefits.com.
1.3 PLACE OF DELIVERY & CHANGE OF ADDRESS
The Product(s) will be delivered to Your home address as stated in this Benefit Agreement by the supplier from whom We order the Product(s). The Product(s) will not be delivered to Your place of work. You shall keep the Product(s) at Your address stated in this Benefit Agreement. You must advise Us if you are moving home, in which case We will permit you to move the Product(s) to Your new address. You must if required, allow us to inspect the Product(s) on reasonable notice.
1.4 RECEIPT AND RETURN OF THE PRODUCT(S)
You must ensure that someone is available to receive/return the Product(s) on any agreed delivery/collection date. If no-one is in to receive the Product(s) for any reason, then you may be required to collect the Product(s) from a depot or arrange for redelivery, which may be subject to a £20 delivery charge. Similarly, if You fail to make the products available for return on the date agreed with our collection agent, You may be subject to a £20 charge for any additional visit to facilitate collection.
1.5 CONFIRMATION OF RECEIPT / COLLECTION
At the time the Product(s) are delivered/collected, You will be required to confirm receipt by signing the carrier’s delivery/collection note. If the product packaging is damaged please ensure that this is noted on the carrier’s Delivery Note as damaged packaging; or if in any doubt reject the delivery. Damaged items that have not been signed for as “DAMAGED” may not be replaced unless this is agreed by Our supplier. Where damaged items are rejected by You, You will not be recharged for any subsequent delivery.
1.6 DELAYS IN DELIVERY OR COLLECTION
We will not be liable for any delay in delivering the Product(s) to You or for failing to deliver the Product(s) at all, if that delay or failure is due to any event or circumstance beyond our reasonable control. This includes where We cannot any longer get supplies of the Product(s). If We are unable to obtain the Product(s), We will let You know, and We or You may cancel this Benefit Agreement, without any party having further liability to the other.
1.7 BEFORE YOU SIGN FOR DELIVERY OF YOUR ORDER
Confirm the Number Of Packages
When Your order arrives check that the number of packages matches the documentation provided by the courier.
If they do not match, write the actual number of packages being delivered on the documentation and only sign for the number of packages You are accepting.
Check for Damage
If You believe your order may be damaged write the word 'DAMAGED' clearly next to Your signature. If Your order has been damaged, You can choose to reject delivery of Your order.
If for any reason You are being pushed to sign the Delivery Note, but You have not yet examined the contents of Your package, sign for the products "unexamined".
Inspect the Goods You Have Ordered
Once You have accepted Your order, inspect it for damage or missing contents and you must notify Us within 24 hours of any problems with Your delivery..
If There Are Missing Packages or Your Order is Damaged
Please inform Us immediately of any missing packages, if the goods You have ordered are damaged or if You have rejected delivery of Your order. Please immediately eMail support@1callbenefits.com and supply to us all the information You have.
We are obliged to make courier claims for damaged and missing items within 24 hours of Your delivery, so please let us know of any problems within this time scale. After 24 hours we are unable to rectify any delivery problems.
Faulty Goods
If You suspect the goods You have ordered may be faulty, the manufacturer of the goods will need to confirm to You that there is a fault. Manufacturers require You to contact them directly, so that they can run through their diagnostics procedures with You. If they agree there is a fault and that it is not an installation or compatibility problem, they will issue to You a returns / case reference number. Please click here for manufacturer contact details.
You will be asked to supply the product part code and serial number/s. If You are advised to return the faulty goods to Us for replacement, make a note of the returns reference number provided by the manufacturer and email it to support@1callbenefits.com. We can then confirm this instruction with the Manufacturer directly.
Keep All Your Packaging
Keep the delivery packaging and all the product packaging until your good are installed and working. Just in case anything needs to be returned.
Please Note: Self installation is required by you. Our delivery agent is not obliged to install the Product(s).
2. WARRANTY, REPAIR AND ACCIDENTAL DAMAGE CLAIMS
2.1 WARRANTY HANDLING
The Product(s) will be supplied with the benefit of any manufacturer’s warranty or guarantee stated in the description of the Product(s). Please read the Warranty terms supplied with the products.
You are responsible for completing and returning to the manufacturer any registration form and doing anything else needed to activate such warranty.
If the Product(s) malfunction or are defective and this is covered by any such manufacturer warranty, then You should promptly contact the manufacturer as detailed in the warranty pack provided, so that if applicable, arrangements can be made to exercise cover under warranty.
2.2 REPAIR HANDLING
If the Product(s) need to be repaired, You agree that the Product(s) or any part of them may be removed for so long as is reasonably necessary. If components or products are no longer available, or uneconomical to repair, they may be permanently replaced with equipment of a similar specification and performance, or better.
2.3 INSURANCE COVER CLAIMS HANDLING - ACCIDENTAL DAMAGE FOR COMPUTERS
2.3.1 INSURANCE COVER CLAIMS HANDLING: You must tell Us immediately of any accidental damage to the product(s). If applicable, please check Your insurance certificate accordingly.
2.3.2 By signing the Benefit Agreement You authorise Us to pass to its insurers information about You including medical and employment details provided such information is used solely for the purpose of administering insurance effected in relation to the PC package and handling any insurance claims. The insurers are authorised and regulated by the Financial Conduct Authority.
2.4 INSURANCE COVER CLAIMS HANDLING - ACCIDENTAL DAMAGE, THEFT AND LOSS – FOR MOBILE PHONES
2.4.1 INSURANCE COVER CLAIMS HANDLING: You must tell us immediately of any accidental damage to, loss, seizure or to the product(s). Please check Your insurance certificate accordingly.
2.4.2 By signing this Benefit Agreement You authorise Your employer to pass to its insurer’s information about You, including employment details, provided such information is used solely for the purpose of administering insurance affected in relation to the product(s) and handling any appropriate insurance claims. The insurers are authorised and regulated by the Financial Conduct Authority.
2.4.3 Mobile Phone - Theft, Loss and Accidental Damage Cover. You are covered against the repair or replacement cost of Your Telephone if it is stolen, lost or accidentally damaged whilst in Your possession and Mobile Wallet Protection during the Period of Insurance. The Limit of liability of the Insurer in respect of any one claim will be the replacement cost of the Telephone and in any event shall not exceed a total claim cost up to a maximum of £500.00 including VAT. Subject to there being no more than two valid claims within the Period of Insurance.
The Computer and Mobile Phone insurance is arranged by Mandeville Select Limited and is underwritten by Bastion Insurance Services Limited
Should You require further details of the cover, please contact:
Claims Administrators
Customer Relations,
Direct Group,
Quay Point,
Lakeside Boulevard,
Doncaster, DN4 5PL
2.5 INSURANCE COVER - ACCIDENTAL DAMAGE FOR CAMERAS, SMART TV AND WHITE GOODS
2.5.1 You must tell Us immediately of any accidental damage to, loss, theft, seizure or confiscation of the Product(s). You agree to take out and maintain insurance for the product(s) for the full new replacement value against damage, loss or theft, and such other risks as are usually covered by home contents insurance.
2.5.2 Please check Your Home Contents Insurance certificates accordingly and/or the Benefit Website.
2.6 WARRANTY OBLIGATION
Important: Please read the Warranty terms supplied with the products. You are responsible for completing and returning to the manufacturer any registration form and doing anything else needed to activate such warranty.
3. ADJUSTMENT TO YOUR PAY
3.1 SALARY SACRIFICE
By entering into this Benefit Agreement, you agree to use the Product(s) for the entire Benefit Period. In return for Us agreeing to obtain the products You want, You hereby agree that Your gross salary will change and be reduced for the Benefit Period by an amount equal to the Monthly Salary Sacrifice. This signed Benefit Agreement shall be taken to be a statement of the change to Your employment particulars, as required by Section 4 of the Employment Rights Act 1996 and that Your employment remuneration will include the Product(s) detailed by You on this Benefit Agreement. By signing this agreement, you should be aware that you waive your rights to automatically return to your original salary at the end of the Benefit Period.
However, we can confirm that Your monthly salary, at the end of the Benefit Agreement term, will increase by the amount of Your Monthly Salary Sacrifice.
3.2 UNPAID LEAVE / SUSPENSION
If You take any unpaid leave such as Maternity / Paternity & Long-Term Illness for any reason during the term of this Agreement, then the salary sacrifice reduction will continue to apply as permitted by law.
However, if for any month Your salary is reduced beyond a level at which the salary sacrifice cannot be sustained, or you receive no salary as a consequence of such leave, You will be invoiced for gross amount payable each month until such time as the salary sacrifice can recommence. Alternatively, by prior agreement only we can extend the agreement beyond the original agreement terms for the number of months the salary sacrifice was unable to apply.
3.3 YOUR PENSION
By entering a Salary Sacrifice agreement, you agree to satisfy yourself of any effect that this may have on your pension benefits
4. TERMINATION OF THIS AGREEMENT
4.1 THIS BENEFIT AGREEMENT IS TERMINATED IF:
(a) This Agreement has run its full term, or
(b) You leave Your employer, for any reason whatsoever, or
As a result:
Your right to possession of the Product(s) shall cease. You will be required to pay Us an amount equal to the total of all Monthly Salary Sacrifice reductions yet to be made. You will be required to inform Us as to what is happening to the Product(s). In the event that You do not acquire perpetual use of the Product(s) by arrangement with the Owner, You must make them available for collection and clause 4.2 below shall apply. You will be required to pay a further sum by way of compensation representing the residual value of the Product(s). Any monies owing for the products will be deducted from Your net salary.
4.2 REPOSSESSION OF THE PRODUCT(S)
We shall be under no obligation to repossess the Product(s) in the event of termination of this Benefit Agreement, but if we do so, You shall pay all charges, costs and expenses reasonably and properly incurred by us in repossessing the Product(s).
4.3 TOTAL LOSS
In the event of total loss of the Product(s), this Benefit Agreement will terminate, and You will be liable for the Monthly Salary Sacrifice reductions due up to the date that the Owner is advised of such total loss. You should be aware that You may also be liable to pay a lump sum equivalent to the remaining Monthly Salary Sacrifice reductions due up to the end of the Benefit Period and this may have to come from Your net rather than gross salary.
5. YOUR GENERAL OBLIGATIONS
5.1 PERMITTED USE OF THE PRODUCT(S)
You may use the Product(s) for private and domestic use. You must not use the Product(s) for any illegal or unlawful purposes and where applicable that You own the licenses for software used on your equipment. The Product(s) are intended for Your own private use.
5.2 CARE OF THE PRODUCT(S)
You must take reasonable care and use the Product(s) properly and safely in accordance with any operating instructions issued by the manufacturer. You are requested to retain all boxes, packaging and manuals supplied with the Product(s).
5.3 PERMITTED ALTERATION OF THE PRODUCT(S)
You may store personal data on the Product(s), but You must back-up (copy) and remove all such data prior to returning the Product(s). You must check the warranty terms shipped with the Product(s) prior to installing or connecting any additional software or hardware to ensure that such alterations do not affect any warranty term or guarantee provided. We shall have no liability for any other goods purchased separately by You from any other supplier. To the extent that any such additional goods cannot be removed from the Product(s), in the event that the Product(s) are repossessed, those additional goods will become part of the Product(s) and must not be removed. You will not be entitled to any compensation for such additional items.
5.4 NO DEALINGS
During the Benefit Period, You do not acquire ownership of the Product(s). You must not sell, assign, transfer, loan, mortgage, charge, or sub-let the Product(s) and You must keep them free from all liens, distraints, and attachments by a bailiff or other officer of the court.
5.5 THIRD PARTY RIGHTS
We reserve the right to appoint any agent(s) to act on Our behalf in respect to enforcing this Benefit Agreement. By entering into this Benefit Agreement, You consent to Us using and passing personal information about You to the Program Provider and its agents and to the owner of the Product(s) and its agents for the sole purposes of and only to the extent necessary, to administer the arrangements described in this Benefit Agreement and to operate and finance our Program. The Data Protection Act 1998 will apply to that information.
5.6 WAIVER
Any waiver or indulgence by Us or failure by Us to enforce our rights (whether by oversight or otherwise) shall not affect our right to rely subsequently on any other term(s) of this Benefit Agreement.
We will not have any responsibility under this Benefit Agreement if we are delayed in performing, or fail to perform any of Our obligations under this Benefit Agreement as a result of circumstances beyond Our reasonable control.
5.7 LAW
This Benefit Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
NOTHING IN THIS BENEFIT AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS
PLEASE ENSURE THAT YOU READ YOUR FREQUENTLY ASKED QUESTIONS?
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