Policies

1. Definition

All data subjects whose personal data is collected, in line with the requirements of the GDPR.

 

2. Responsibilities

2.1. The Data Protection Officer / GDPR Representative is responsible for ensuring that this notice is made available to data subjects prior to IPS Flow Systems (otherwise referred to as 'the company') collecting/processing their personal data.

2.2. All Employees/Staff Members of the company who interact with data subjects are responsible for ensuring that this notice is drawn to the data subject's attention and their consent to the processing of their data is secured.

 

3. Privacy notice

3.1. About Us

Our Data Protection Officer can be contacted directly here:

E-mail: dpo@ipsflowsystems.com

Tel: (0191 5213111)

 

The personal data we would like to [collect from/process on] you is:

Personal data type: Source (where IPS obtained the personal data from if it has not been collected directly from you, the data subject. Note if the personal data has been accessed from publicly accessible sources):

Name, Address, Telephone Number (Inc. mobile), e-mail, postal address Directly from source - initial enquiry / account ap-plication form, BDM's, Internal Sales, Supplier Leads / Referral.

The personal data we collect will be used for the following purposes:

• To assist with legitimate day to day business activities.
• To improve customer service - the information you provide helps us respond to your customer service requests and support needs more efficiently.
• To personalize user experience - We may use information in the aggregate to un-derstand how our Users as a group use our services and resources provided on our Site.
• To improve our website - We may use feedback you provide to improve our prod-ucts and services.
• To process payments - We may use the information Users provide about them-selves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
• To send periodic emails - We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquir-ies, questions, and/or other requests.
• Marketing Activities - Info on new products & services, handbook & exhibitions.
• Training

 

Our legal basis for processing for the personal data:

• Legitimate Business Interest
• Contractual Necessity
• Consent

 

Any legitimate interests pursued by us, or third parties we use, are as follows:

3.2. Consent

By consenting to this privacy notice you are giving us permission to process your per-sonal data specifically for the purposes identified.

Consent is required for the company to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.

You may withdraw consent at any time by contacting the Data Protection Officer (DPO) by e-mail, (dpo@ipsflowsystems.com).

3.3. Disclosure

The company will not pass on your personal data to third parties without first obtaining your consent.

3.4. Retention period

The Company will process and store personal data until such time as withdrawal is re-quested or the subject data has left their employment and in line with the company's data retention policy.

3.5. Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

• Right of access - you can ask us what information that we hold about you.
• Right of rectification - you can ask us to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten - in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restriction of processing - where certain conditions apply to have a right to restrict the processing.
• Right of portability - you have the right to have the data we hold about you trans-ferred to another organisation.
• Right to object - you have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling - you also have the right to be subject to the legal effects of automated processing or profiling.
• Right to judicial review: in the event that the company refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 3.6 below.

 

All of the above requests will be forwarded on should there be a third party involved (as stated in 3.4 above) in the processing of your personal data.

3.6. Complaints

In the event that you wish to make a complaint about how your personal data is being processed by the company (or third parties as described in 3.4 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and the companies Data Protection Officer / GDPR Representa-tive.

The details for each of these contacts are:

Supervisory authority contact details Data Protection Officer (DPO) contact details

Contact Name: Information Commissioner's Office Data Protection Officer

Address line 1: Wycliffe House Seaham Grange Ind. Estate

Address line 2: Water Lane Seaham

Address line 3: Wilsmslow Co. Durham

Address line 4: Cheshire SR7 0PT

Address line 5: SK9 5AF

Email: dpo@ipsflowsystems.com

Telephone: 0303 123 1113 0191 5213111

3.7. Privacy statement

Read more about how and why we use your data on our web site www.ipsflowsystems.com or request a copy of our privacy document.

 

4. Online privacy statement

Personal data

Under the EU's General Data Protection Regulation (GDPR) personal data is defined as:

"any information relating to an identified or identifiable natural person ('data sub-ject'); an identifiable natural person is one who can be identified, directly or indi-rectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person".

 

How we use your information

This privacy notice tells you how we, IPS Flow Systems, will collect and use your per-sonal data, for example:

To improve customer service - Information you provide helps us respond to your cus-tomer service requests and support needs more efficiently.

To personalize user experience - We may use information in the aggregate to under-stand how our Users as a group use the services and resources provided on our Site.

To improve our Site - We may use feedback you provide to improve our products and services.

To process payments - We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this in-formation with outside parties except to the extent necessary to provide the service.

To send periodic emails - We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.

[outline further information on services and activities that you collect personal data, for example: cookies, profiling, complaints, subscriptions, etc.)]

Why do we need to collect and store personal data?

In order for us to provide you with our products and services we need to collect per-sonal data for correspondence purposes and/or detailed service provision. In any event, we are committed to ensuring that the information we collect and use is appro-priate for this purpose, and does not constitute an invasion of your privacy.

In terms of being contacted for marketing purposes IPS Flow Systems would contact you for additional consent.

Will we share personal data with anyone else?

We may pass your personal data on to third-party service providers contracted to IPS Flow Systems in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf, for example, making deliveries. When they no longer need your data to fulfil this service, they will dispose of the details in line with company procedures. If we wish to pass your sensitive personal data onto a third par-ty we will only do so once we have obtained your consent, unless we are legally re-quired to do otherwise.

How will we use the personal data collected?

The company will process (collect, store and use) the information you provide in a manner compatible with the EU's General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for long-er than is necessary. The company is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long cer-tain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Under what circumstances will we contact you?

Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.

Can you find out the personal data that the organisation holds about you?

The company, at your request, can confirm what information we hold about you and how it is processed. If the company does hold personal data about you, you can re-quest the following information:

• Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
• Contact details of the data protection officer, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• If the processing is based on the legitimate interests of the company or a third par-ty, information about those interests.
• The categories of personal data collected, stored and processed.
• Recipient(s) or categories of recipients that the data is/will be disclosed to.
• If we intend to transfer the personal data to a third country or international organisa-tion, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
• How long the data will be stored.
• Details of your rights to correct, erase, restrict or object to such processing.
• Information about your right to withdraw consent at any time.
• How to lodge a complaint with the supervisory authority.
• Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
• The source of personal data if it wasn't collected directly from you.

 

What forms of ID will you need to provide in order to access this?

The company accepts the following forms of ID when information on your personal data is requested:

(Passport, driving license, birth certificate, utility bill (from last 3 months), etc.)

 

Contact details of the Data Protection Officer / GDPR Representative:

Data Protection Officer

IPS Flow Systems

Seaham Grange Industrial Estate

Seaham

Co. Durham

SR7 0PT

0191 5213111

dpo@ipsflowsystems.com

 

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

 

IPS Flow Systems,
Seaham Grange Industrial Estate,
Seaham,
Co. Durham,
SR7 0PT,
England
0191 521 3111

sales@ipsflowsystems.com

This document was last updated May 2018

This Privacy Policy governs the manner in which IPS Flow Systems collects, uses, maintains and discloses information collected from users (each, a "User") of the ipsflowsystems.com website ("Site"). This privacy policy applies to the Site and all products and services offered by IPS Flow Systems.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

IPS Flow Systems may collect and use Users personal information for the following purposes:

- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.

- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

- To improve our Site
We may use feedback you provide to improve our products and services.

- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. We do not store any credit or debit card information and all payments are processed by an external, secure provider.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We store all personal data in a secure manner and only use this data to facilitate the processing of your order.

Third party websites

Users may find content on our Site that links to the sites and services of our partners and suppliers. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Changes to this privacy policy

IPS Flow Systems has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

IPS Flow Systems,
Seaham Grange Industrial Estate,
Seaham,
Co. Durham,
SR7 0PT,
England
0191 521 3111

sales@ipsflowsystems.com

This document was last updated May 2018

International Plastic Systems Limited

Standard Terms and Conditions for the Sale of Goods

 

1. Application of Terms and Conditions

1.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller; and

1.2 These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted by the Seller, or any such order is made or purported to be made, by the Buyer.

2. Interpretation

2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day”	means any day other than a Saturday, Sunday or bank holiday;
“Buyer”	means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;
“Contract”	means the contract for the purchase and sale of the Goods which shall incorporate, and be subject to, these Terms and Conditions;
“Contract Price”	means the price stated in the Contract payable for the Goods excluding VAT;
“Delivery Date”	means the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller, as evidenced in the Contract;
“Due Date”	The date by which payment of aninvoice is due which shall be as specified by IPS, at IPS's discretion, either 30 days after the date of the invoice or prior to dispatch of the Goods
“Fabricated and Custom Made Goods”	Goods manufactured, fabricated or modified by IPS or on its behalf pursuant to designs, drawings or specifications provided by the Customer
“Goods”	means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with the Contract;
“Month”	means a calendar month;
“Order”	an order for Goods or acceptance of a quotation submitted by the Customer to IPS by email, fax, post or telephone
“Order Confirmation”	an order confirmation document sent by IPS to the Customer, agreeing to fulfil the Order.
“Seller”	means International Plastic Systems Limited or IPS Flow Systems, a company registered in England under 02506365 of 9 Partnership Court, Seaham Grange Industrial Estate and includes all employees and agents of International Plastic Systems Limited.

 

2.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

a) “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

b) a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

c) “these Terms and Conditions” is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time;

d) a Schedule is a schedule to these Terms and Conditions; and

e) a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.

f) a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

2.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

2.4 Words imparting the singular number shall include the plural and vice versa.

2.5 References to any gender shall include the other gender.

3. Basis of Sale

3.1 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

3.2 No variation to these Terms and Conditions, or to the Contract, shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

3.3 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. No contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the Goods or has accepted an order placed by the Buyer by whichever is the earlier of:

a) the Seller’s written acceptance;

b) delivery of the Goods; or

c) the Seller’s invoice.

3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3.5 Where a Buyer orders goods or materials of a type, size or quality not produced by the Seller in the ordinary course of business, the Seller will use all reasonable endeavours to execute the Order. If it subsequently proves impossible, impracticable or uneconomical to carry out or complete the Order, the Seller reserves the right to cancel the Contract or the incomplete balance thereof, in which event the Customer will only be liable to pay the Contract Price for such part of the Contract as has been performed (if any).

4. Orders and Specifications

4.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.

4.2 The specification for the Goods shall be that set out in the Seller’s sales documentation unless varied expressly in the Buyer’s order (if such variation(s) is/are accepted by the Seller).

4.3 Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.

4.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Buyer’s specification, which do not materially affect their quality or performance.

4.5 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of such cancellation.

5. Price

5.1 The Contract Price of the Goods shall be the price listed in the Seller’s Order Confirmation current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.

5.2 Any quotation is valid for a period of 30 days only from its date (unless otherwise agreed by the Seller in writing), provided that the Seller has not previously withdrawn it. All quotations are made subject to the availability of products or materials.

5.3 The Seller reserves the right, by giving written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which are requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

5.4 Any settlement discount specified by the Seller in the Contract will be allowed by the Seller to the Buyer in respect of Goods for which payment is received by the Seller on or before the due date and otherwise in accordance with the payment terms set out in these Terms and Conditions and provided that no other amounts owing by the Buyer to the Seller are overdue and unpaid.

5.5 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are exclusive of the Seller’s charges for packaging and transport.

5.6 The Contract Price is exclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.

6. Payment

6.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the Contract Price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the Contract Price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.

6.2 The Buyer shall pay the Contract Price of the Goods (less any discount or credit allowed by the Seller, but without any other deduction, credit or set off) within 30 Business Days of the date of the Seller’s invoice or otherwise in accordance with such credit terms as may have been agreed in writing between the Buyer and the Seller in respect of the Contract. Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer. The time for the payment of the Contract Price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

6.3 All payments shall be made to the Seller as indicated on the form of acceptance or invoice issued by the Seller.

6.4 The Seller is not obliged to accept orders from any customer or buyer who has not supplied the Seller with references satisfactory to the Seller. If at any time the Seller is not satisfied as to the creditworthiness of the Buyer it may give notice in writing to the Buyer that no further credit will be allowed to the Buyer in which event no further goods will be delivered to the Buyer other than against cash payment and notwithstanding sub-Clause 6.2 of these Terms and Conditions, all amounts owing by the Buyer to the Seller shall be immediately payable in cash.

7. Delivery

7.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the place specified in the Buyer’s order and/or the Seller’s acceptance and/or the Contract as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.

7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.

7.3 If the Seller fails to deliver the Goods or any part thereof on the Delivery Date other than for reasons outside the Seller’s reasonable control or the Buyer’s or its carrier’s fault if the Seller delivers the Goods at any time thereafter the Seller shall have no liability in respect of such late delivery.

7.4 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

7.5 If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon giving written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1, risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.

8. Inspection/Shortage

8.1 The Buyer is under a duty whenever possible to inspect the Goods on delivery or on collection as the case may be.

8.2 Where the Goods cannot be examined the carrier’s note or such other note as appropriate shall be marked “not examined”.

8.3 The Seller shall be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the provisions of this Clause 9 are not complied with and, in any event, will be under no liability if a written complaint is not delivered to the Seller within 7 Business Days of delivery detailing the alleged damage or shortage.

8.4 In all cases where defects or shortages are complained of the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use is made thereof or any alteration or modification is made thereto by the Buyer.

8.5 Subject to sub-Clauses 8.3 and 8.4, the Seller shall make good any shortage in the Goods and where appropriate replace any Goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.

9. Returns

9.1 Standard goods purchased may, at the Seller's sole discretion, be accepted by the Seller for return to stock subject to notice of the return being given to the Seller, the Goods being returned to IPS's Premises within 7 Business Days of the Delivery Date, the Goods being in the opinion of the Seller in "as new" condition and in original packaging, provided always that such Goods were originally purchased from the Seller.

9.2 Goods which are not held in stock by the Seller and are procured or sourced specifically for the Customer (“Non-Stock Goods”), together with any Fabricated and Custom Made Goods, are supplied on a non-cancellable and non-returnable basis other than where the Seller has agreed in writing that the Goods are defective.

9.3 The seller will issue credit in full for the proportion of the Contract Price to which the Goods returned relate (excluding any carriage or extra costs incurred by the Seller in the return of the Goods).

9.4 In the event that the Goods to be returned are delivered to the Seller after 7 days from the Delivery Date, the Seller may, at its sole discretion, accept return of the Goods and reserve the right to apply a minimum handling charge of 15% to any credit issued. The Customer shall in all cases be obliged to provide full details of the Delivery Date and associated documentation.

9.5 In relation to clauses 9.1 and 9.2 the Buyer shall bear the cost of physical delivery of the Goods to the Seller’s Premises. Risk and title to the Goods will pass to the Seller upon the issue of a Returns Receipt Form by the Seller to the Buyer.

9.6 In all cases the seller reserves the right to refuse to re-purchase Goods.

10. Risk and Retention of Title

10.1 Risk of damage to or loss of the Goods shall pass to the Buyer at:

a) in the case of Goods to be delivered at the Seller’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or

b) in the case of Goods to be delivered otherwise than at the Seller's premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

10.2 Notwithstanding, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Contract Price of the Goods and any other goods supplied by the Seller and the Buyer has repaid all moneys owed to the Seller, regardless of how such indebtedness arose.

10.3 Until payment has been made to the Seller in accordance with these Terms and Conditions and the Contract and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods against all reasonable risks.

10.4 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

10.5 The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. The Buyer irrevocably authorises the Seller to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Seller retains title or inspecting the Goods to ensure compliance with the storage and identification requirements of sub-Clause 10.3.

10.6 The Buyer’s right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if:

a) the Buyer commits or permits any material breach of his obligations under these Terms and Conditions;

b) the Buyer enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986, the Insolvent Partnerships Order 1994 (as amended), or any other scheme or arrangement is made with his creditors;

c) the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;

d) the Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.

11. Assignment

11.1 The Seller may assign the Contract or any part of it to any person, firm or company without the prior consent of the Buyer.

11.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.

12. Defective Goods

12.1 If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Buyer gives written notice of such defect to the Seller within 7 Business Days of such delivery, the Seller shall at its option:

a) replace the defective Goods within 7 Business Days of receiving the Buyer’s notice; or

b) refund to the Buyer the price for those Goods (or parts thereof, as appropriate) which are defective;

but the Seller shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice given by the Buyer as set out above.

12.2 No Goods may be returned to the Seller without the prior agreement in writing of the Seller. Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller’s sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.

12.3 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Seller’s prior approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.

12.4 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.5 Except in respect of death or personal injury caused by the Seller’s negligence, or as expressly provided in these Terms and Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer.

12.6 The Buyer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory requirements and that handling and sale of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any competent governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer’s failure to comply with this condition.

13. Buyer's Default

13.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

a) cancel the order or suspend any further deliveries to the Buyer;

b) appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and

c) charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 8% per annum above Bank of England base rate base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

13.2 This condition applies if:

a) the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;

b) the Buyer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;

c) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer;

d) the Buyer ceases, or threatens to cease, to carry on business; or

e) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

13.3 If sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

14. Warranty

14.1 The Seller will, free of charge, within a period of 12 months from the date of delivery of Goods which are proved to the reasonable satisfaction of the Seller to be defective due to defects in material, workmanship or design (other than a design made, furnished or specified by the Buyer), repair, or at the Seller's option, replace, such Goods. This obligation will not apply where:

a) the Goods have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised repair;

b) the Goods have been improperly installed or connected;

c) any maintenance requirements or instructions as to storage relating to the Goods have not been complied with;

d) the Customer has failed to notify the Seller of any defect or suspected defect within 14 days of delivery where the defect should be apparent on reasonable inspection, or within 14 days of the same coming to the knowledge of the Customer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than 12 months from the date of delivery of the Goods.

14.2 Any Goods which have been replaced will belong to the Seller. Any repaired or replacement Goods will have the benefit of the warranty in clause 12.1 for the unexpired portion of the 12 month period from the date of delivery of the original Goods.

14.3 In relation to Goods nor manufactured by the Seller (including parts and components supplied by others for Fabricated and Custom Made Goods) the Seller shall, in so far as it is able to do so, transfer to the Customer the benefit of any express guarantee or warranty by the manufacturer or supplier of such Goods.

14.4 A claim in relation to any Goods in accordance with clauses 15.1 and 15.2 will not entitle the Buyer to terminate the Contract or any part thereof or to refuse to take delivery of or pay for the Goods or any other goods (whether under the same or any other contract with the Seller).

14.5 This clause sets out the entire liability of the Seller to the Buyer in respect of any defects in the Goods.

15. Limitation of Liability

15.1 Subject to the provisions of Clauses 7 and 12 the following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

a) any breach of these Terms and Conditions or the Contract;

b) any use made (including but not limited to modifications) or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

15.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

15.3 Nothing in these Terms and Conditions excludes or limits the liability of the Seller:

a) for death or personal injury caused by the Seller’s negligence;

b) for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability; or

c) for fraud or fraudulent misrepresentation.

15.4 Subject to sub-Clauses 15.2 and 15.3:

a) the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price or £1,000,000; and

b) the Seller shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

16. Confidentiality, Publications and Endorsements

16.1 The Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller's prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer's default.

16.2 The Buyer will not use, authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises, note paper, visiting cards, advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its licensor.

16.3 The Buyer will use all reasonable endeavours to ensure compliance with this Clause 17 by its employees, servants and agents.

16.4 The provisions of this Clause 16 shall survive the termination of the Contract.

17. Data Protection and Privacy

17.1 Information provided by the Customer relating to individuals will be held by the Seller in accordance with the UK GDPR and Data Protection Act 2018. A copy of the privacy policy can be requested from the Finance Director.

17.2 The Seller warrants that it has implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including the protection of personal data against unauthorized or unlawful processing and against accidental loss, destruction or damage

17.3 The Seller shall notify Buyer without undue delay and, in any event, within 24 hours upon becoming aware of a personal data breach affecting Buyer's data. Such notification shall be accompanied by all relevant details required for Buyer to comply with its obligations under the GDPR.

17.4 We may monitor and record telephone calls for training, quality assurance and dispute resolution purposes. Please refer to our Privacy Policy for further details on how we process personal data

18. Customer Conduct and respect for Staff

18.1 The Buyer agrees to ensure that its employees, agents, contractors, and any other persons acting on its behalf conduct themselves in a professional, respectful, and appropriate manner when interacting with the Seller’s employees, workers, or representatives.

18.2 The Seller operates a zero-tolerance approach to any form of harassment, including but not limited to sexual harassment, bullying, intimidation, abusive language, or discriminatory behaviour (whether related to sex, race, disability, religion or belief, sexual orientation, age, gender reassignment, or any other protected characteristic).

18.3 The Buyer shall not engage in, and shall take reasonable steps to prevent, any such behaviour towards the Seller’s personnel. Any conduct that creates an intimidating, hostile, degrading, humiliating, or offensive environment will be considered a breach of this agreement.

18.4 Without prejudice to any other rights or remedies, the Seller reserves the right to:

• withdraw its personnel from the Buyer’s site or suspend completion of the contract; and/or
• terminate the contract with immediate effect where it reasonably believes that such behaviour has occurred.

18.5 The Buyer agrees to cooperate fully with any investigation into alleged misconduct and to take appropriate corrective action where required.

19. Communications

19.1 All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

19.2 Notices shall be deemed to have been duly given:

a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or

b) when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or

c) on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

d) on the tenth business day following mailing, if mailed by airmail, postage prepaid.

19.3 All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

20. Force Majeure

20.1 Neither party will be liable for any delay or failure in performing its obligations under the Contract (including failure to take delivery of the Materials) to the extent that such delay or failure is caused by a Force Majeure Event. For purposes of the Conditions, a "Force Majeure Event" means any event or circumstance that;

a) affects the performance of a party’s obligations under this Contract, and

b) is beyond the reasonable control of the party claiming Force Majeure, and

c) is not due to the fault or negligence of the party claiming Force Majeure; and

d) cannot reasonably be avoided by the exercise of due diligence.

20.2 Subject to the satisfaction of Conditions 19a through 19d of this foregoing definition, Force Majeure includes war, hostilities (whether war be declared or not), invasion, act of foreign enemies, rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, riot, civil disturbances, strike or lockout by persons other than Supplier’s personnel and other employees of the Supplier or its subcontractors or suppliers, and natural catastrophes such as earthquakes, hurricane, typhoon, volcanic activity, or pandemics including Covid-19 and any future variants of Covid 19, provided that in case of a Covid-19 restriction, the parties agree that future restrictions shall, on a case by case basis, be subjected to a review process, which shall involve mutual discussion and agreement between the parties.

21. Waiver

The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

22. Severance

The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.

23. Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

24. Law and Jurisdiction

24.1 These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

24.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Anti-Slavery & Human Trafficking Statement

 

International Plastic Systems Limited (the “Company”)

 

Introduction from the Managing Director

 

Slavery and human trafficking remains a hidden blight on our global society. We all have a responsibility to be alert to the risks, however small, in our business and in the wider supply chain. Our employees are alert to the risks and are expected to report their concerns, and management are expected to act upon them.

Organisation’s Structure

International Plastic Systems Limited, also known as IPS Flow Systems, is a subsidiary of Indutrade AB, a publicly trading company incorporated in Sweden.

The Company has an annual turnover of approximately £16 million.

Our Business

The principal activity of our business is that of wholesaling and distribution of plastic and metallic piping products together with drainage systems and backwater protection valves.

Our Supply Chains

Our supply chains include the sourcing of products predominately from USA and EU based suppliers.

Our Policies on Slavery and Human Trafficking

We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Our Anti-slavery Policy reflects our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chains.

Due Diligence Processes for Slavery and Human Trafficking

As part of our initiative to identify and mitigate risk we:

• Build long-standing relationships with suppliers and make clear our expectations of business behavior. It is not practical for us (and every other participant in the chain) to have a direct relationship with all links in the supply
  
  
• Have a policy of “knowing our customer” to ensure that we are contracting with appropriate businesses;

We have in place systems to encourage the reporting of concerns and the protection of whistle blowers.

Supplier Adherence to Our Values and Ethics

We have zero tolerance to slavery and human trafficking. We expect all those in our supply chain and contractors to comply with our values.

Training

To ensure a high level of understanding of the risks of modern slavery and human trafficking in our supply chains and our business, we provide briefings to all our employees. We also encourage all of employees to undertake an annua; review of the supplier code of conduct in conjunction with our parent company Indutrade AB.

Our Effectiveness in Combating Slavery and Human Trafficking

We use the following key performance indicators (KPIs) to measure how effective we have been to ensure that slavery and human trafficking is not taking place in any part of our business or supply chains:

• Use of staff monitoring and payroll systems; and
• Level of communication and personal contact with next link in the supply chain and their understanding of, and compliance with, our

This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our slavery and human trafficking statement for the current financial year.

 

Sexual Harassment Policy

1. Introduction

1.1  We are committed to providing a work environment where everyone is treated with dignity and respect. We do not tolerate Sexual harassment.

1.2  This Policy:

1. Explains the concepts of ‘Sexual harassment’
2. Sets out our expected standards of behaviour
3. Sets out the process you should follow if you have a Sexual harassment complaint
4. Explains how we will deal with any complaints

1.3  This Policy applies to everyone who works for us, including employees, workers, agency workers, consultants, casual workers, volunteers and interns.

1.4  This Policy does not form part of your contract with us. We reserve the right to amend or remove this Policy.

2. What is ‘Sexual harassment’?

2.1  When unwanted behaviour is of a sexual nature, anything that could offense to a person within the work place.

2.2  Discrimination law also recognises sexual harassment as something separate to sex (i.e. female or male) harassment. Sexual harassment occurs when someone is subjected to unwanted conduct of a sexual nature or when a person is treated less favourably because they have accepted or rejected unwanted conduct of a sexual nature

2.3  Behaviour can still be harassment even if the person being harassed does not complain or ask for it to stop.

2.4  We define harassment as behaviour that creates a hostile, humiliating, degrading or similarly offensive environment in relation to a protected characteristic. Name-calling, lewd comments, excluding colleagues, making insensitive jokes and displaying pornographic material are all examples of harassment.

2.5  Even if you did not intend to harass someone, if your behaviour has this effect on someone else, then you may be found to have harassed them. They may only be a bystander to behaviour you directed at someone else, but they may still have been harassed.

2.6  The law protects people who are harassed because they are thought to have a certain protected characteristic when they do not or they are linked to someone who has a certain protected characteristic even if they don’t have it themselves.

3. Third-party harassment

3.1  We want to create a workplace which is free of sexual harassment. This objective extends beyond acts of harassment by those working for us to harassment by third parties such as customers, visitors, clients, suppliers.

3.2  You are encouraged to report any third-party harassment you are a victim of, or witness, in accordance with this Policy.

3.3  We will take active steps to prevent third-party harassment of staff. Action may include including, for example, warning notices to customers or recorded messages at the beginning of telephone calls.

3.4  We will assess the risk of third-party harassment in the workplace and undertake to keep our risk assessment under regular review. We encourage you to come forward with any areas in which you believe our third-party harassment protection could be improved. Please let your Manager know.

3.5  If any third-party harassment of staff occurs, we will take steps to remedy any complaints and to prevent it happening again. Action may include warning the harasser about their behaviour, banning them from our premises, reporting any criminal acts to the police, and sharing information with other branches of the business.

4. Our position

4.1  We will not tolerate sexual harassment by anyone working for us.

4.2  We expect you to treat people with respect and dignity in all communications you have with them, whether face-to-face, over the phone or in writing.

4.3  Our managers are trained to recognise behaviours which may amount to sexual harassment and to intervene.

4.4  We will assess the risk of harassment in the workplace and keep our risk assessment under regular review. We encourage you to come forward with any areas in which you believe harassment protection could be improved. Please let your Manager know.

4.5  You are encouraged to report any harassment you are a victim of, or witness, in accordance with this Policy.

4.6  As a business, we are guided by our core values, including Integrity, People and Relationships. These values impact the way we view workplace behaviours and our expectations of you. Our managers are trained to recognise behaviours which may amount to harassment. We will provide regular training to everyone on what our values mean and explain how you must ‘live’ these values in your interactions with others.

4.7  We have clear and universal standards of workplace conduct:

1. Bad and/or offensive language or gestures of any nature should not be used in the workplace, whether directed at a particular person or not.
2. Inappropriate images or other content should not be viewed or shared at work.
3. You should always think before making a joke in the workplace – could anyone be upset or offended by what you say?
4. You should never invade colleagues’ personal space.
5. You should not exclude colleagues unfairly from discussions or events.
6. You should not use crude humour.
7. You should not use an aggressive tone or aggressive language when speaking with colleagues.
8. You should not be physically aggressive towards colleagues.
9. You should not make sexually suggestive comments
10. You should not mock, mimic or belittle colleagues in relation to any protected characteristic or otherwise
11. You should not gossip about your colleagues.

4.8  Our standards of workplace conduct and zero tolerance of harassment in the workplace apply equally:

1. at work; or
2. during any situation related to work such as at a social event with colleagues; or
3. against a colleague or other person connected to the employer outside of a work situation, including on social media; or
4. against anyone outside of a work situation where the incident is relevant to your suitability to carry out your role.

5. Raising a complaint

5.1  If you believe that you are being sexually harassed, then you should first consider whether it would be appropriate to discuss the matter informally with the person who is harassing you. Sometimes, people do not realise how their actions are impacting others and it might be that an informal discussion can resolve the issue and reset behaviours.

5.2  If you do not feel comfortable approaching the person yourself, or a direct approach has not worked, then you should refer to our Grievance Policy, which sets out a clear process for raising complaints (both informally with an appropriate manager, and formally, if you prefer).

5.3  We may, if we think it necessary, separate you from the person you are complaining about whilst we investigate. This is not a prejudgment of your complaint. It is simply a way to stop things from getting worse during the investigation.

5.4  If you notice behaviour of others which may be in breach of this Policy, then you should first consider whether it is appropriate to challenge the behaviour yourself. Only do so if you feel comfortable. If you don’t feel comfortable, or a direct approach has not worked, then please report the matter to a Senior manager or the HR department], who will investigate.

5.5  If we decide that your complaint is not upheld, we will always tell you why in accordance with our Grievance Policy. Regardless of the formal outcome, if your complaint related to a colleague, we will consider ways of improving your relationship with your colleague[s] and may, for example, suggest mediation or offer training.

5.6  Anyone who raises an allegation of sexual harassment with us in good faith will not be subjected to any detriment as a result.

5.7  We will monitor the treatment and outcomes of any complaints of harassment or victimisation we receive to make sure that they are properly investigated and resolved, those who report or act as witnesses are not victimised, repeat offenders are dealt with appropriately, cultural clashes are identified and workforce training is targeted where needed.

6. Confidentiality

6.1  To protect the interests of the person complained about, the person who has raised the complaint and any others who may be involved as witnesses or otherwise, confidentiality will be maintained during any investigation process as far as is possible.

6.2  If you fail to maintain confidentiality when you are involved in some way in a bullying and harassment complaint, then you may face action under our Disciplinary Policy.

6.3  We may place information and documents about a complaint raised by or about you on your personnel file. These will be processed in accordance with our Data Protection Policy.

7. Breaches of this Policy

7.1  Any breaches of this Policy will be handled under our Disciplinary Policy and may result in action including dismissal for gross misconduct or the termination of your contract with us.

7.2  Aggravating factors such as abuse of power over a more junior colleague will be taken into account in deciding what disciplinary action to take.

8. Useful links

8.1  The following internal policies contain additional guidance:

1. Grievance Policy
2. Disciplinary Policy
3. Data Protection Policy

9. Administration of the Sexual Harassment Policy

The HR Department is responsible for the administration of the Sexual Harassment Policy. Should you have any feedback, please contact HR.