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Code Of Conduct.

Introduction

a)   The purpose of the Code of Practice is to provide members of the Association with practical guidelines with the aim of improving the quality of service given by member businesses to their customers. It represents a binding commitment on the part of the TIBA to a high standard of quality, safety, integrity and reliability.

b) The Association will encourage the highest standards of product and workmanship combined with professional integrity of conduct and trading.

c) The Association would recommend most strongly to the consumers that they only employ the services of reputable businesses - the Association places a very great emphasis on its membership selection procedure and the legality of the members to trade.



Membership Selection Procedure


a) New members are required to attend two consecutive meetings of the association to determine suitability for membership by both parties.

b) Informal questioning will take place to determine their business, its operating standards and appropriateness for inclusion into membership of the Association.

c) If deemed correct for the Association, the new member will be nominated and seconded for full membership at the second meeting.  

Advertising


a) All advertising should be legal, decent, honest and truthful and in no way should it be designed to mislead.

b) Advertising should not unfairly attack or discredit other products and advertisements directly or by implication.

c) Prices or discounts quoted by the member or his agent shall be in no way misleading.

Law


a) All transactions must be conducted in accordance with statutory and common law requirements of the country in which the contract is made, in particular any statutory or other legal requirement relating to the sale of goods so far as concerns the quality of product and its fitness for purpose.

Standard of Workmanship/ Service


a) The member shall observe a good standard of workmanship / service and any goods or materials manufactured, fabricated or supplied by the member shall be of good and merchantable quality except where defects are specifically drawn to the buyers attention before the contract is made. The member shall consistently check the quality of all the work, remedy defect without undue delay and ensure that all finished work is of an acceptable standard.

Product Information


a) Like advertising, all product information shall be true and accurate. Customers should be advised on the operation and maintenance of the product or service.

Sub-Contracting


a) When a member sub-contracts any work it shall ensure that the sub-contractor is a competent and qualified organisation or individual and that the sub-contractor complies with this Code of Practice. Any element of sub-contracted work will remain the responsibility of the member at all times. The member shall act with fairness and integrity when dealing with sub-contractors.

Competition


a) The Member shall not engage in price fixing, market sharing, or any other unlawful anti-competitive practices restrictive to trade.

b) Members should offer the best advice to customers at all times without commercial bias.

Safety & Product Liability


a) The member shall demonstrate a positive commitment to health & safety and shall take all reasonable steps to ensure the safety of employees and the public. The member shall carry adequate third party and product liability insurance.

Training


a) Members shall demonstrate a positive commitment to training and shall take active steps to ensure that all staff and employees receive proper continuous training in all aspects of work relevant to standard, safety and efficiency.

Employment


a) The member shall take all reasonable measures to ensure the welfare of all employees and fulfil all legal and other duties as an employer including maintaining adequate employers liability insurance. The member shall not discriminate unlawfully or improperly in any aspect of employment.

All Transactions


a) Each member shall conduct its business lawfully, comply with all relevant legislation and judicial decisions and trade fairly and responsibly.

Conduct


Each member shall:

a) Behave at all times with integrity.

b) Act responsibly and with care in the day-to-day conduct of its business.

c) Provide adequate training for members of its staff, bringing to their attention the principles of this Code and requiring them to carry out their duties in accordance with it.

d) Follow where appropriate any requests conveyed to the members by the Association from the enforcement authorities.

e) Follow where appropriate any guidance notes issued by the Committee of the Association.

f) Notify the Association of any matters, which might adversely affect the reputation of the Association.
Customer Transactions

a) Each member shall: Comply with all relevant legislation benefiting consumers including:

b) Use plain language in all communications with the consumer.

c) In correspondence, all paperwork should show the full business address to which the consumer can reply.

d) In all contacts by its staff or agents with consumers, ensure that the member's identity is clearly disclosed.

e) Comply where possible with all statutory and other reasonable requests by consumers for information about their agreements and accounts, by arranging to be supplied where necessary copies of documentation and statements of account and assist consumers seeking advice and guidance.

f) Give prior written notice to the consumer of any intention to levy collection charges and ensure that such charges are fair and reasonable.

Confidentiality


a) Keep in strict confidence any information supplied to it by the consumer or others in relation to the consumer, except where disclosure is authorised by the consumer or permitted or required by law.

General Conduct


a) Each member shall: Uphold the dignity, reputation and good standing of the Association at all times.

b) Safeguard the security of their customer's monies.

c) Account to their customer's at least once a month or as otherwise agreed by their customer.

d) Inform their customer's of the true rates of charges for services rendered.

e) Conduct its business under a name, title or style which will not confuse or mislead customer's, creditors, consumers or members of the public or which will not imply any association with other organisations or persons, which do not exist.

f) Not approach, induce or persuade staff in the employment of a customer to join the member's organisation, although nothing in this clause will prohibit the engagement by a member of such an employee where a bona fide application is made.

The Association


a) Each member shall provide to the Association on request, references and proof of financial solvency.

b) Any instance of non-compliance shall be drawn to the attention of the member concerned. In the event of continued non-compliance or of a serious breach, the Committee will take such action, as it deems appropriate, including a warning or recommendation of expulsion of the member concerned from membership.

c) Membership of the Association entitles the member to display an approved association symbol thereby indicating their adherence to this Code of Practice.

Complaints

a) Whilst the contents of this Code of Practice are intended to avoid the possibility of there being cause for complaint against a member, there may occasionally be a time when such a situation does arise. If so, the following procedure should be adopted.

b) In the case of complaint it is most important that the customer first approaches the supplier concerned - the customers contract is always with the supplier, even though assistance may be sought from other parties in resolving the dispute.

c) Members shall investigate and deal promptly to assess the validity of any complaint and if substantiated settle, efficiently, quickly and courteously. If it is felt that the customer does not have a justifiable complaint, it should be explained politely why this is felt not to be the case.

d) If a customer is unsuccessful in resolving the complaint then he or she may refer the matter in writing to the Association. The Association will in the first instance refer the complaint to the member for expl anation. Written confirmation of its findings will be reported back to the customer.

e) If necessary the customer can be directed to the Consumer Advice Centre in Torrevieja.

f) If either party is not satisfied with the determination of the Association following an investigation then that party may express their dissatisfaction in writing within 7 days and the association may if it thinks appropriate, convene an independent review body consisting of not less than 3 members to review the complaint and the initial determination of the Association.

g) The above complaint procedure shall in no way affect the statutory rights or legal rights of the customer or the member.

h) The determination of the Association in relation to any complaint referred to it or by the review body (if applicable) shall be binding upon the member who shall carry out expeditiously and any such actions (if any) directed to be taken by the Association or the review body (as the case may be). Any failure by the member to comply with the directions of the Association or review body or any member found as a result of the resolution and disputes procedure to have been conducting business in a manner considered inappropriate to membership or in a way in contravention of the Association's Code of Practice may be subject to the Association's disciplinary procedures.

Enforcement of the Code


It is a condition of membership of the Association that this Code of Practice is accepted in its entirety and in the event of a proven breach of the Code of Practice the member concerned may be penalised as decided by the Association in accordance with the Association's Constitution Rules.

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