WTA Constitution & Code of Practice
Providing professional standards, representation, and integrity for the independent appliance repair and sales industry.
The Constitution
Name
1. The name of the Association shall be the Whitegoods Trade Association (which may be abbreviated to WTA) and herein referred to as ‘the Association’
Scope
2. The Association shall represent the interests of the independent member appliance sale, service and repair companies in the United Kingdom of Great Britain and Northern Ireland.
Status
3. The Association shall be a ‘not for profit’ Trade Association.
Objectives And Purpose (Reason For Being)
4. The Key Objectives of the Association are to:-
- To be a Central representative body to put the views of member companies within the association to Government Departments and Agencies, Parliament, the European Commission and other relevant organisations;
- To be a research and statistical body, to collect, publish and provide analysis on subjects within the Independent Domestic Appliance Industry and other relevant market information as appropriate and possible;
- To be a technical centre providing guidance and advise on legal and other regulatory developments of relevance to the Domestic Appliance Whitegoods Industry;
- To provide a forum for the exchange of non-competitive information;
- To increase the knowledge, understanding and competence of members in the Independent Appliance Repair and Sales industry through the development and delivery of appropriate training, standard setting and Code of Practice;
- To engage and partner with relevant advisory and regulatory organisations and other Trade Associations to drive the future strategy and future direction of developments within the UK Whitegoods Sales and Service Industry;
- To provide a mediation service for disputes raised by customer of members which from time to time may occur.
Constituents
5. The Constituents of the Association shall be FULL MEMBER, PROVISIONAL MEMBER and ASSOCIATE MEMBER companies in the United Kingdom of Great Britain and Northern Ireland whom are involved in the Sales, Servicing and Repair of Whitegood Domestic Appliances.
Membership
6. Classes of Membership
- FULL MEMBER; shall be individuals or independent owner operated businesses whom sell appliances and or provide a repair service to Whitegood Domestic Appliances whom have been established for a period of not less than 2 full years and employ less than 35 personal;
- PROVISIONAL MEMBER; shall be individuals or independent owner operated businesses whom sell appliances and or provide a repair service to Whitegood Domestic Appliances whom have been established for a period less than 2 full years and employ less than 35 personal. Provisional Members automatically convert to Full Member status once they can demonstrate they have been established for 2 full years;
- ASSOCIATE MEMBER; shall be individuals or independent owner operated businesses whom do not sell or service Whitegoods Domestic Appliances but retain an interest in the Whitegoods Industry or are individuals or independent owner operated businesses whom sell appliances and or provide a repair service to Whitegood Domestic Appliances whom employ 36 or more personal.
6.1 Applications for membership shall be made to the Association using the appropriate forms available from the Association head office or online. All applications should be accompanied by the appropriate fees at the time the application is made.
6.2 Upon application to membership, all members are to follow the Association Code of Practice as well as operate entirely within all necessary UK and UK issued legislation at all times.
6.3 All applications for membership are considered by the Management Team and their decision to accept or refuse membership is final. In the event the application is unsuccessful any fees paid will be refunded.
6.4 An application for membership whose application has been refused may appeal to the Chairman of the Association in writing demonstrating how the applicant will address any shortfall identified in the achieving membership criteria, such application to be made within 14 days of the application being refused. The Chairman will investigate the facts and come to a final binding decision on the application.
6.5 Full Members will be entitled to attend meetings and vote on any matter listed on the meeting agenda. Full members whom have been members of the Association for 2 full years will be eligible to be elected to the Management Team.
6.6 Provisional Members will be entitled to attend meetings and vote on any matter listed on the meeting agenda. Provisional members will not be eligible to be elected to the Management Team.
6.7 Associate Members will be entitled to attend meetings but will not be eligible to vote on any matter nor will they be eligible to be elected to the Management Team.
6.8 Any change in a members details shall be notified in writing to be sent by recorded delivery to the Association Head Office within 14 days of the date of the change in circumstance. Such changes will include:-
- Change of Company Name or Trading Style;
- Change of Address;
- Change of Telephone Number/ Fax Number / Email Address;
- Change of owner or principle operating the business.
7. Cancellation of Membership
If the subscription amount of a member is not settled in full within 60 (sixty) days of the date of invoice, the member company will be notified their membership has been cancelled ipso facto.
8. Withdrawal from Membership
8.1 Any member desirous of withdrawing from membership shall notify the Association in writing to the Association Head Office. No rebate of fees already paid shall be due.
8.2 Upon the withdrawal from membership the former member will cease to have any interest or claim against the Association. Any use of the symbols, logos, associated materials or reference to the Association shall be immediately withdrawn from all literature, letterheads, invoices, websites and all other media with immediate effect.
8.3 Membership will automatically cease when a member:-
- Ceases to trade;
- Is declared bankrupt or becomes insolvent or enters into administration or enters into a voluntary agreement with its creditors;
- Is the subject of an unfair trading order issued by a Trading Standards Office or Court.
9. Expulsion from Membership
9.1 The Management Team shall be empowered to expel any member found to be acting contrary to the best interests of the Association provided that:-
- Written notice of the charge against the member has been served at the last known address of the member; such notice to be sent to the members last known address by recorded delivery post;
- The member concerned has had an opportunity to state their case to the Management Team such statement and supporting documentation having been delivered to the Management Team at the Associations Head Office within 14 days of the Expulsion Notice being sent to the member;
- Any appeal has been heard or a time period of 30 days has elapsed since the Expulsion Notice was sent to the Member and the member has failed to take up the opportunity to appeal.
9.2 The member shall pay all outstanding debts to the Association upon expulsion and shall immediately cease to have any interest or claim against the Association. Any use of the symbols, logos, associated materials or reference to the Association shall be immediately withdrawn from all literature, letterheads, invoices, websites and all other media with immediate effect.
MANAGEMENT OF THE ASSOCIATION
10. Composition of the Management Team
10.1 The Management Team shall be an elected group and comprise of:
- Chairman, Secretary and Treasurer plus up to five other officers whom are paid up full members of the Association and have been members of the Association for two full years;
- Any other paid up full member the Management Team may deem necessary to fulfil the objectives of the Association as may be needed from time to time.
10.2 The term of office for elected officers shall be three years. Elected officers will be eligible for re-election.
10.3 Each elected officer shall have one vote. In the event of a tied vote the Chairman shall cast a deciding vote.
10.4 Three Management Team members shall make a quorum.
10.5 All Management Team members shall be required to sign and adhere to a Non-Disclosure Agreement protecting the interests of the Association and its members upon election.
11. Sub Committee Working Groups
The Management Team make convene and disband sub-committee working groups from time to time to address changed in the Industry Interests. Sub Committee Working Groups may include all classes of membership
The Sub-Committee Working Group will report back directly to the Management Team on their reports and findings. Such reports will be exactly that and will not form the basis of a vote on any matter.
12. Duties of The Management Team
The Management Team will be responsible for all matters relating to the policies of the Association.
The Management Team shall delegate individual matters to individual Management Team members with all elected members sharing the burden of responsibility of the administration of the Association.
The Management Team shall consider applications from individuals and companies seeking membership to the Association
Enter into negotiations with organisations that may be of interest or benefit to the Association and its members.
To develop and approve any amendments to the Constitutions.
13. Nomination and Appointment
13.1 Nominations for appointment to the Management Team shall be made one calendar month before the AGM with confirmation from the nominee they are willing to serve the required three year term. Nominations shall be from eligible fully paid up FULL MEMBERS only. Formal nominations are to be submitted in writing to the Chairman via the Associations Head Office.
13.2 Existing Management Team members may be re-elected
13.3 The Management Team may fill vacancies during the year between AGM’s as necessary.
13.4 Management Team positions may remain vacant where no suitable nomination from candidates have been received.
13.5 A Management Team member may be removed from the Management Team when a majority of more than 67% of the votes from all other serving elected Management Team members are in approval of such a removal. Notice of such a proposed removal shall be shown on the Agenda convening the meeting of the Management Team.
MEETINGS
14. Annual General Meetings
The Annual General Meeting shall be held not later than four calendar months after the end of the financial year.
15. Special General Meetings
A special general meeting may be convened when at least 10 (Ten) FULL MEMBERS of the Association request the Management Team to arrange such a meeting. The request for such a meeting must be accompanied with a statement detailing the exact grounds for making such a request. A minimum of 21 (Twenty One) days’ notice shall be given to all members specifying the purpose of the Special General Meeting being called. Such a meeting is to be called within 60 (Sixty) days of it being so requested.
16. Meetings of the Management Team
A meeting of the Management Team shall be convened by the Chairman at least twice per year but also more often as the Chairman may consider necessary for the purpose of carrying out the business of the Association.
An agenda detailing the business of the meeting shall be distributed to the Management Team members at least 10 (ten) days in advance of the Management Team meeting.
17. Procedures for Management Team Meetings
Every meeting shall be chaired by the Chairman or in his unforeseen absence by the Secretary.
Proposals and or amendments will be considered and decided upon in turn as set out in the business agenda for the meeting.
Each Management Team member shall have the right to cast one vote. In the event of a tied vote the Chairman shall make a casting vote.
Any Management Team member shall be allowed to speak on any proposal and or amendment but one the motion is decided upon or a course of action agreed by more than 67% of the members present then the item shall be carried, be duly minuted and passed.
FINANCE
18.1 The funds of the Association shall be raised principally from membership fees.
The funds shall be used to achieve the objectives of the Association in a manner approved by the Management Team.
The Financial Year shall be 1st January to the 31st December each year. The membership year shall be the same period as the financial year.
18.2 The Management Team shall set the following fees annually:-
- The annual fees for a FULL MEMBER;
- The annual fees for a PROVISIONAL MEMBER;
- The annual fees for an ASSOCIATE MEMBER;
- Joining Fees.
AMENDMENTS TO THE CONSTITUTION
19.1 Amendments to the Constitution may be proposed by any paid up FULL MEMBER by submitting in writing a request to amend the Constitution to the Association Secretary at the Associations Head Office, stating clearly the proposed wording of the change and why the amendment is considered necessary.
19.2 Amendments to the Constitution shall be decided by the Management Team and will be notified to all members 10 (ten) days in advance of any Annual or Special General Meeting.
DISSOLUTION OF THE ASSOCIATION
20. Upon a 75% majority of all Management Team members a notification will be issued to all members of the Association of the proposed dissolution of the Association. A ballot will be taken at an Annual General Meeting or a Special General Meeting and where the majority of at least 75% of the members present at such a meeting, are in favour of the dissolution the Association shall be accordingly dissolved within 28 (Twenty Eight) days. The Management Team shall decide what action shall be taken regarding any remaining funds after the liquidation of all assets and liabilities.
Code of Practice
Aims of the Whitegoods Trade Association Code of Practice.
We appreciate that it is not always straight forward for a consumer to make an informed choice as to the suitability of the services and standards being offered by an appliance repairer.
Quite understandably, many customers do not possess a thorough knowledge of how their appliances operate and equally, many repairers are unable to completely secure the confidence of the customers when they carry out a service or repair.
The purpose of this Code is to provide consumers with a clear guide as to the standards and practices that a WTA member will adhere to and upon this basis, we trust, the consumer can make an informed and favourable decision to use a Whitegoods Trade Association member.
WTA members are required to comply with the provisions of this Code; these provisions specify how a variety of customer handling measures and trade practices are to be conducted to the benefit of the customer. Furthermore, each WTA member is required to fulfil all relevant statutory and legal requirements, in particular those relating to Trading Standards, Health and Safety, Environmental Protection and Employment.
All WTA members and staff will receive training which enables the provisions of this Code to be put into practice, thus ensuring that the best possible service to the consumer is provided.
We also appreciate that despite the best efforts and intentions of the WTA, it is possible that a customer may nevertheless feel dissatisfied with the service they have received. Our Code, therefore, includes procedures to enable such situations to be dealt with fairly, speedily and at minimal cost.
The procedures outlined in this Code are additional to the legal rights assured to the consumer and the content of this Code is not intended to detract from such laws and their remedies.
Services Available from the Whitegoods Trade Association.
A WTA member will provide the following:
- General fault finding and problem identification. For example, work related to electronics and mechanical and systems on domestic appliances.
- In addition to the above, WTA members will also offer services related to:
- Cosmetic faults
- Mechanical faults
- Electrical faults
Please contact your local WTA member to determine the full range of services available.
Best Working Practices of the WTA.
This section of the Code explains the operational standards and procedures that WTA members will employ to ensure customers receive a proficient level of care and attention.
Customer Care
WTA members will:
- Not discriminate for any reason and will treat all customers with courtesy, respect and fairness.
- Make every effort to understand the customer’s requirements and expectations, and will not recommend or carry out work which is unnecessary or unnecessarily expensive.
- Prior to the commencement of work, ensure that the customer fully understands and agrees to the work which is to be carried out. That is, the content of the work, the parts required, the overall costs including VAT and warranty coverage.
- In the case of vulnerable or disadvantaged customers, demonstrate the highest level of patience, understanding, care and helpfulness to ensure that the customer has access to and is able to make a balanced and informed choice of services and/or products.
- Not use any high pressure selling techniques to carry out work, but will inform the customer of any action that in their opinion is to be recommended on the grounds of safety, reliability or simply good customer care.
- To be contactable by phone, fax and email.
- Carry a minimum of 2 million pounds public liability insurance.
- WTA members will be signed up to the Code of Practice as a condition of membership.
Costs and Charges
WTA members will:
- Offer and, if required, provide customers with a detailed written estimate that includes the cost of parts, labour, any other costs or services and VAT.
- Prior to commencement, seek customer authorisation for any work or costs that become apparent during the work phase but were not previously agreed.
- In the event of diagnostics work, provide costs prior to the commencement of work.
Completion Time
- Provide the customer with a realistic completion time.
- Use a formal diary or management booking system to manage ongoing and future repairs.
- If a delay becomes unavoidable, give the customer as much notice as possible so as to allow the customer to agree alternative completion arrangements or to exercise the cancellation rights afforded by this Code.
Warranty (Guarantee)
- Guarantee their work for a minimum of 6 Months parts and Labour.
- Respect and abide by the statutory rights afforded to customers by law.
- Provide customers with clear and accurate details of the warranty coverage before and after the completion of work.
Commercial Practices of WTA members
This section of the Code describes how some important legal and commercial Measures are handled by the WTA in order to give further support to its customers.
WTA registered retailer
- Offer products and services, which will be clearly priced. Price tickets will clearly show the selling price.
- Give sound professional advice to assist the customer in reaching a satisfactory decision as to which appliance they wish to purchase.
- Attempt to be competitive on price and be truthful when offering price reductions for whatever reason.
- Offer a delivery and installation service where applicable or offer to arrange such service.
- Display a current list of delivery and installation charges for the customer to see.
- When offering any delivery / installation, charge a fair price for the work to be carried out.
- Display any installation exclusions on the current delivery / installation list.
- Will, where applicable, at the time of delivery offer to unpack the appliance and remove the packaging at the customer’s request. Offer to dispose of the old appliance in line with current WEEE legislation or, or advise the customer accordingly if unable to do so.
- Install the appliance so long as the installation conforms to current legislation.
- When installing new appliance, offer to dispose of the old appliance in line with current WEEE legislation or, advise the customer accordingly if unable to do so.
- Return to the customers home to resolve any installation faults, either rectify free of charge or advise customer of any remedial works which need to be carried out by a third party.
- At the customers request arrange for a service engineer to call should a fault occur within the guarantee period.
- Should a complaint arise, this should be resolved either by the retailer, or with the help of trading standards and / or the WTA.
- Comply with current legislation relating to Distance Selling if the retailer sells via any means other than face to face.
Whitegoods Trade Association
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Revision Date: 06/08/2010