PART A - SCHEME CLAUSES
The Cycle2Work scheme ("Scheme") is operated by Halfords to enable the Employer to offer the hire of bicycles and related cycling safety equipment ("Products") to its employees as part of its employee benefits programme.Halfords will supply Products to the Employer for onward hire to its employees or any employees within the Employer's group.
These terms and conditions (together with the application form or the benefit summary held in the Hi Bob application, where applicable) shall govern the relationship between Halfords and the Employer in relation to the Scheme.They shall apply to the exclusion of all other terms and conditions.Enabling employees to apply for letters of collection and/or accepting the supply of any Products shall be deemed acceptance of these terms and conditions by the Employer.
During the Contract Period set out in the application form the Employer shall work exclusively with Halfords in respect of any scheme the same as or similar to the Scheme.
During Halfords' appointment, Halfords and the Employer shall agree any election period during which employees are able to sign up to the Scheme.The Employer shall run at least one election period within 12 months of the date of this agreement.If the Employer wishes to run more election periods per year, this can be agreed with Halfords from time to time.
OPERATION OF THE SCHEME
During each election period, the Employer shall, with the support of Halfords if so requested promote the scheme and employees can apply for a letter of collection (“LoC”) via the Halfords online secure portal or the Hi Bob application.The terms on which an employee can apply for a LoC will be governed by the Scheme terms and conditions set out in the hire agreement.The LoC shall be a redeemable voucher and must be for a value of £100 to £1,000 in increments of £5. As part of the application process the employee will be required to enter into a hire agreement between the Employer and the employee.
The Employer will approve all hire agreements.Approval of a hire agreement means that the Employer has accepted the employee's application and it will be binding on the Employer.
Following approval of the hire agreement by the Employer, the employee will receive an email inviting them to print off their LoC.If, for any reason, the application is made or received outside of Halfords' system, Halfords shall send a LoC within four (4) days of receiving the confirmation of approval by the Employer.
The employee shall be responsible for collecting the Products from a retail store operated by Halfords or within its authorised partner network (information of which is available via the helpdesk as detailed below) by presenting the LoC and photographic identification.The Employer authorises Halfords to release Products to employees on presentation of the LoC and photographic identification.
If the Halfords store does not have any stock of a Product, Halfords shall:-
refer the employee to the Cycle2Work helpdesk (08450 778850) operated by Halfords; or
provide the employee with details of a store that has stock of that Product.
Unless Halfords agree otherwise, the employee may only use the LoC in relation to one transaction (although that transaction may involve more than one Product).The selection of Products must be for the sole use of the employee and the Employer authorises Halfords store colleagues to question the selection of Products not designed for the use of the employee e.g. a bike of an unsuitable size for the employee.
Halfords shall invoice the Employer either:-
for the cumulative value of all LoCs issued by Halfords after the election period has closed; or
where there is no specific election period, for the cumulative value of all LoCs monthly in arrears.
The Employer shall make payment to Halfords within 30 days of the date of Halfords' invoice such payment to be made without any deduction, withholding or set off whatsoever.
The Employer shall remain liable for any payment of any outstanding invoice.
If payment is not made in accordance with these terms and conditions, then without prejudice to any other remedies available to Halfords, Halfords may:
charge interest at 4% above the base rate of the National Westminster Bank plc in force from time to time;
suspend further deliveries of Products; and/or
suspend issue of any further LoCs.
The parties acknowledge that an employee may choose to select a Product of a lower value than is stated on the LoC. In these circumstances, Halfords shall not be required to provide any sum to either the employee or the Employer. Additionally, Halfords are not obliged to cancel or refund any LoC that are unredeemed by employees by the expiry date, nor is the Employer obliged to cancel the deductions taken from the employee.
Halfords shall be responsible for ensuring that the Products comply with all relevant UK and EU legislation and standards in force from time to time; and are fit for the use normally made of the Products and are of satisfactory quality.For all bikes collected from a Halfords store Halfords shall, prior to the dispatch, carry out a pre-delivery inspection.Employees shall be asked to sign the pre-delivery inspection to confirm their acceptance of the bike.
Halfords shall use its reasonable endeavours to pass on to the Employer the benefit of any warranties that it receives from the manufacturers of the Products. In relation to bikes that Halfords sources via the partner independent network, Halfords will honour the warranty for the length of the hire period only.
If during the period of any manufacturer's warranty (or, if longer, any warranty given by Halfords) any defect or fault (which is due to a defect in materials or manufacture) occurs in relation to any Product supplied by Halfords to the Employer, the Employer or an Employee acting on behalf of the Employer shall be entitled to return the Product to Halfords.Halfords shall at its option either repair or replace the defective Product within 28 days of the case being identified to the Cycle2Work team. Under no circumstance is Halfords obliged to offer a refund of the LoC without first exploring the opportunity to repair or replace the cycle.
Any employee shall be entitled to the same level of after sales service as Halfords provides to its direct customers and such employee shall be entitled to enforce these quality provisions direct against Halfords save that the employee shall not, in any circumstances, be entitled to a refund.
Either party shall be entitled to terminate the provision of the Scheme on 3 months written notice such notice to expire any time after the end of the Contract Period.Halfords shall be entitled to terminate immediately if the Employer fails to make payment of any sums due under these terms and conditions or breaches the exclusivity provisions set out above.
Termination shall be without prejudice to any right or remedy of any party which may have accrued prior to such termination and shall not affect those provisions, which impliedly or expressly continue following termination.
PART B – GENERAL CLAUSES
LIABILITY, RISK AND TITLE
Neither party excludes or limits liability to the other party for fraud or for death or personal injury or any other liability which cannot be lawfully excluded or limited.
Subject to the above, in no event shall either party be liable to the other party for loss of profits (whether direct or indirect); loss of business; loss of opportunity loss of revenue; loss of goodwill; loss of anticipated contracts; loss of anticipated savings and/or any indirect or consequential loss or damage.
Subject to the above two paragraphs, the total aggregate liability of either party to the other party pursuant to or in connection with the Scheme or any Products supplied in relation to it whether contractual, tortious or otherwise, shall in no event exceed the amount paid by the Employer to Halfords pursuant to the Scheme.
Risk and title to the Product or Products shall pass to the Employer (so that the Employer is then responsible for all loss or deterioration of the Products or for any damage occurring):-
if Halfords is responsible for delivering or arranging for delivery of the Products, at the time when the goods arrive at the place of delivery; or
in all other circumstances, at the time when the Products leave the premises of Halfords.
The Employer authorises Halfords to collect (or arrange the collection of) relevant data from employees on its behalf.The Employer shall be the 'data controller' in respect of such data.Where the Employer, Finance Provider or Benefits Provider provides personal data to Halfords it confirms all relevant consents which may be necessary to process the data for the purposes of the Scheme have been obtained from the employee.
Each party shall comply with its obligations under the Data Protection Act 1998 in respect of any personal data which it supplies or receives in connection with the Scheme.
Halfords shall process such personal data only in accordance with the Employer's instructions from time to time and shall not process the personal data for any purpose other than those expressly authorised by the Employer. Halfords shall take appropriate technical and organisational measures against the unauthorised or unlawful processing of such personal data and against the accidental loss or destruction of, or damage to, such personal data to ensure a level of security.
Save to the extent required by law, each party shall keep in strict confidence all information received from the other party which is of a confidential nature and any other confidential information concerning the other party's business or its products and shall use such confidential information only for the purposes of performing its obligations under this Agreement.
The Employer may not assign, subcontract or otherwise transfer the benefit or burden or its obligations under this Agreement without the prior written consent of Halfords provided that the Employer may, for the purposes of financing only, assign all or part of its rights under this agreement to the Finance Provider provided it provides Halfords of prior written notice of such assignment and if any assignee fails to make payment the Employer shall be obliged to make payment of the outstanding sum within 7 days of demand from Halfords.
Save as expressly set out in these terms and conditions a person who is not a party to the terms shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms and conditions.Notwithstanding that third parties may have enforceable rights under these terms and conditions, Halfords and the Employer may vary, rescind or terminate these terms and conditions without the consent of such third parties.
These terms and conditions (together with the application form) set forth the entire agreement and understanding of the parties in relation to its subject matter and supersedes all prior oral or written agreements, understandings or arrangements relating to the Scheme.
Each party acknowledges that upon entering into these terms and conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to this Agreement or not) except those expressly repeated or referred to in this Agreement. These terms and conditions shall not be amended, modified, varied or supplemented except in writing signed by duly authorised representatives of the parties.
These terms and conditions shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of and in connection with this Agreement (whether of a contractual or tortious nature or otherwise.