RULES OF THE BRITISH ASSOCIATION OF REMOVERS

Amended at the direction of the Board of Directors, 3 January 2012

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DEFINITIONS OBJECTIVES CONSTITUTION MEMBERSHIP CATEGORIES OF MEMBERSHIP MEMBERSHIP APPLICATION PROCEDURE FUNCTIONAL GROUPS MEMBERSHIP NAME AND ADDITIONAL TRADING NAMES MULTI-BRANCH COMPANIES. SUBSIDIARIES, FRANCHISES, CONSORTIUMS AND OTHER MARKETING GROUPS SALES OFFICES APPLICATION FEES AND SUBSCRIPTIONS AREAS CHANGES OF CIRCUMSTANCES, CONTROL OR OWNERSHIP RESIGNATION OR TERMINATION OF MEMBERSHIP ADVERTISING WEBSITES USE OF LOGOS THE CODE OF PRACTICE CONCILIATION AND ARBIRTRATION INTER-MEMBER RELATIONS AND DISPUTES FINANCE CONTRACT TERMS AND CONDITIONS ANNUAL CONFERENCE ACCEPTANCE OF RULES AUDITS AND COMPLIANCE DISCIPLINE ADMENDMENTS TO THE RULES ANNEXES Annex A Annex B Membership Criteria Code of Practice

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1.

DEFINITIONS

the Association means The British Association of Removers Ltd. the Articles means the Articles of Association of the British Association of Removers Ltd Area means one of the 16 geographical divisions which make up the Association. BAR means The British Association of Removers Ltd. BAR Name means the principal trading name used by a member and the name in which the companys BAR membership will be registered. the Board means the Board of Directors of The British Association of Removers Ltd. Executive Committee means the committee appointed by the Board to implement agreed strategic and policy decisions. Functional Group(s) means the National & European Group; the Overseas Moving Group, and the Commercial Moving Group: National & European Group means the body to which all Members belong. Commercial Moving Group means the body to which members engaged in commercial moving may belong. Overseas Group means the body to which members engaged in international moving may belong. Member means any firm which has been admitted into and remains in membership of the Association in accordance with the Articles. Honorary Life member means an individual with that title by virtue of Rules of Association but who shall not be a Member. Individual member means an individual with that title by virtue of Rules of Association but who shall not be a Member. Affiliate means a firm with that title by virtue of Rules of Association but who shall not be a Member. International Associate member means a firm with that title by virtue of Rules of Association but who shall not be a Member. Recommended BAR Model Terms and Conditions means the most recently published set of BAR Terms and Conditions. Removals & Storage means the Associations monthly trade magazine. Rules means these Rules as amended from time to time. Special Interest Group(s) means Self Storage Special Interest Group, and the Young Movers Group.

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2.

OBJECTIVES

2.1

The Association exists for the benefit of its members and its general objectives are to promote the interests of its members and to advance the reputation of the professional removal industry. BAR aims to be the recognised voice of the moving industry, to provide a comprehensive range of essential services to its members and to be the guardian of professional standards for the benefit of its members and their customers. These aims will be pursued through but not limited to: i) ii) iii) iv) v) vi) Representing members interests through lobbying, discussion with regulatory bodies and Involvement in consultation exercises. Support for and encouragement of recognised industry quality standards. Marketing and promotion of members and industry services to the moving public via website and relevant media. Providing cost effective, accessible, industry training and development opportunities for members. Providing help, advice, information and business support to members. Actively promoting common interests and improvements in quality, health and safety, environmental and technical standards.

2.2

vii) Establishing strategic business partnerships. viii) Operating to an established Code of Practice. ix) x) 2.3 Conciliation and settling differences and disputes between members and their customers. Providing opportunities for networking, sharing good practice and education at conferences, Area meetings, workshops and seminars.

MISSION STATEMENT: BAR is dedicated to promoting professional excellence and service in the removal industry for the mutual benefit of removers and their customers.

3.

CONSTITUTION

3.1

The British Association of Removers is a not for profit company limited by guarantee. This means it does not have share capital or shareholders, but instead has members who act as guarantors. The liability of each member of BAR is limited to 1 which each undertakes to contribute in the event that the Company is wound up. The governance of the Association is defined in the Articles of Association which may only be amended by special resolution passed at a General Meeting as defined in the Articles of Association. Page | 3

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3.3

The Board of Directors is responsible for the management of the Associations business with its main function being to set strategy and policy. The Executive Committee is appointed by the Board to oversee the implementation of the agreed strategy. The day to day management is carried out by the Director General assisted and monitored by the Executive Committee. The Functional Group councils represent the interests of their members as follows: 3.6.1 3.6.2 3.6.3 National & European Group Council all Members of BAR Overseas Moving Group Council members of the Overseas Group Commercial Moving Group Council members of the Commercial Moving Group

3.4

3.5

3.6

3.7

One person nominated by each of the Functional Groups shall be a director of the Board of Directors, in accordance with Article 8(e). The Board of Directors may, at its discretion, cause to be formed Special Interest Groups to serve interests of particular sectors of the membership.

3.8

4.

MEMBERSHIP

4.1

Detailed criteria for each category of membership, for each of the Functional Groups and for Special Interest Groups are set by the Board of Directors. All members are expected to demonstrate their commitment to high professional standards and must conduct themselves in such a manner as to ensure that the interests and reputation of the Association are not prejudiced or brought into disrepute. Decisions of the Board regarding membership applications are final, and the Board shall be under no obligation to reveal to any applicant for membership the reasons why it has come to any particular decision regarding membership, nor to enter into any correspondence. BAR members are expected to cooperate at all times to the best of their ability with fellow members.

4.2

4.3

4.4

5.

CATEGORIES OF MEMBERSHIP

5.1

There shall be the following categories of membership: Page | 4

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(b) International Associate members (c) Affiliates 5.2 (d) Honorary Life members (e) Individual members (a) Members

Membership shall be open to UK businesses trading in the removal industry which own or control, and are accountable for, the tangible assets employed in carrying out the removals and storage activities for which they have contracted. International Associate membership shall be open to non-UK businesses trading in the removal industry which own or control, and are accountable for, the tangible assets employed in carrying out the removals and storage activities for which they have contracted. Affiliate membership shall be open to businesses which are not engaged in removals and storage activities, but who provide goods and services to the industry, and whose affiliation with BAR would, in the opinion of the Board of Directors, which shall be final, be beneficial and add value to Members. Honorary Life membership shall be awarded at the discretion of the Board of Directors, to any person in recognition of outstanding service to the Association. There will be no new entrants to Individual membership.

5.3

5.4

5.5

5.6

6.

MEMBERSHIP APPLICATION PROCEDURE

6.1

In accordance with the Articles of Association no firm shall be admitted into membership unless (a) And (b) The Executive Committee has approved the application. That firm has completed an application for membership in a form approved by the Board of Directors

7.

FUNCTIONAL GROUPS

7.1

Members, in addition to belonging to the National & European Group, may elect to join either or both of the following functional groups: (a) Overseas Group Page | 5

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(b) 7.2

Commercial Moving Group

Membership of the Overseas Group shall be open to Members who wish to promote their expertise in the international moving market and who meet the criteria for the Group. Membership of the Commercial Moving Group shall be open to Members who wish to promote their expertise in the commercial moving market and who meet the criteria for the Group. Applicants or Members whose business profile, name or advertising suggests one of the above specialisms shall be expected to join the appropriate Group. Applications to join the Functional Groups are subject to such requirements as specified by the respective Group Councils, which may from time to time be varied with the approval of the Board of Directors.

7.3

7.4

7.5

8.

MEMBERSHIP NAME AND ADDITIONAL TRADING NAMES

8.1

Applicants must specify the primary name under which they normally trade. This will be their BAR Name and may not necessarily be the name of the legal entity. The BAR Name will be the name registered by BAR and must be the only name a member uses in all BAR activities, including correspondence with BAR and other members, any correspondence, advertising or publicity matter claiming BAR membership and all BAR publications. When applying for BAR membership, applicants must specify all the trading names which they use, and those used by associated companies in connection with removal and storage activities. Members may apply to register any number of trading names in addition to their BAR Name subject to the terms below. A Member wishing to register a new trading name must first notify BAR in writing of such trading name. For the purposes of this Clause, trading name means a name which is not the correct name of the legal entity but may include any website address or domain name which is owned by the Member and used for the advertising, promotion or sale of removal, shipping and/or storage services. If a proposed BAR Name or any other trading name used by the applicant is similar to that of an existing member, it is a condition of acceptance that either the existing Member approves the use of that name, or the applicant modifies it so that is clearly different. BAR reserves the right to refuse to accept or register a trading name when to do so would, in its opinion, be contrary to the interests of the Association, its members or customers. If a Member wishes to change its BAR Name it must first apply to BAR for the new name which may not be used until approved in writing by BAR. Page | 6

8.2

8.3

8.4

8.5

8.6

8.7

8.8

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9.

MULTI BRANCH COMPANIES

9.1

Applicants and members must declare and specify details of all operational branches, i.e. local premises equipped with facilities for carrying out removals and storage, and trading in the same name as the Member operational centres and other locations from which they trade. All branches must meet the criteria applicable to premises, staff and vehicles and are subject to all the obligations of membership as set out in these Rules and the Code of Practice where applicable. Where a multi-branch company is a member of one or more of the Functional Groups, all branches are required to belong to the relevant group.

9.2

9.3

10.

SUBSIDIARIES, FRANCHISES, CONSORTIUMS AND OTHER MARKETING GROUPS

10.1

In respect of removal and associated activities, Members shall accept responsibility for any subsidiaries, associated companies, franchises, sales offices or any other organisations over which they or their owners/directors exercise any control, and whether they operate under the same name as the Member or not, and whether such entities are in the same geographical region or not. Use by any company of the name of an existing Member or a person who is a director or controlling shareholder of an existing Member for the purpose of increasing its credibility prestige or market share, whether or not such use of name attracts any additional business, may be prima facie evidence that the Member bears responsibility for the company. Where a Member acquires a controlling interest in another member company and continues to use the same trading name, or substantially the same name, the Member shall be deemed to bear financial and professional responsibility for that company or for its predecessor in title for up to two years prior to the date on which any complaint or claim on that company is notified to BAR. Where a Member extends the use of its corporate name, brand identity or BAR Name to franchisees, group members, or any other subsidiaries (Secondary Companies) for the purpose of attracting business under its recognised brand, then the Member shall be held responsible and accountable for the actions and BAR compliance of such Secondary Companies. No Member may extend a removals franchise to any company which is not a BAR Member in its own right. Page | 7

10.2

10.3

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10.6

No consortium or other marketing group which is a Member shall allow into membership any company which is not itself a BAR Member in its own right. Notwithstanding that franchisees, members and other subsidiaries, as BAR Members, must comply with all BAR membership obligations, the franchisor or parent company (the Principal) shall accept full financial and professional responsibility in any consumer contract for all its Secondary Companies and will be held accountable to BAR for their actions in the same way as it would if the Secondary Companies were branches of the Principal. This particularly applies where complaints are made by consumers who placed business with the Secondary Company in the belief that they were contracting with the Principal. Use by any Secondary Company of the name, brand, corporate livery, marketing material or documentation of an existing Member for the purpose of increasing its credibility, prestige or market share shall be prima facie evidence that the Member is acting as a Principal as defined above and accepts financial and professional responsibility for the company. In all cases of dispute over the interpretation of the above Rules the BAR Board shall have absolute discretion to decide whether a member should bear financial or professional responsibility for another company. Where such responsibility has been established or so decided, any consumer related complaint against the company shall be treated as though it were a claim against the existing Member.

10.7

10.8

10.9

11.

SALES OFFICES

11.1

Where a Member conducts business and offers customers access to facilities other than their main operating centres, (for example city centre shops or offices) they may apply to register such premises as Sales Offices. Sales Offices must be genuine sales outlets and not operational centres or branches, and be of an acceptable standard. A physical inspection may be necessary to verify that these requirements are met. Applications for Sales Offices will require the submission of the relevant application form together with the appropriate Processing Fee. Upon confirmation of the registration the Secretariat will notify the applicant and request payment within 28 days of the Annual Subscription payable under these Rules.

11.2

11.3

11.4

12.

APPLICATION FEES & SUBSCRIPTIONS

12.1

Application and subscription fees are set by the Board of Directors. Page | 8

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12.2

Subscriptions shall be payable by all Members, International Associate members, Affiliates and Individual members. Annual subscriptions shall become due and payable on the issue of invoices. The subscription payable by a member who is admitted into membership after the commencement of a financial period, shall be that sum which bears the same proportion to the full subscription payable as the unexpired portion of the then current financial period bears to a complete financial period. Additional fees apply to membership of the Functional Groups and Special Interest Groups. A non-refundable Application Processing Fee is payable for each new application. A Membership Entry Fee is payable upon confirmation of membership. Additional fees apply to the registration of Additional Trading Names and Sales Offices. No application fee, subscription or levy shall be paid by any Honorary Life member.

12.3 12.4

12.5 12.6 12.7 12.8 12.9

13.

AREAS

13.1

The Association is divided into Areas within the UK, under the general supervision of the National Council. Each UK Member will be designated as belonging to the Area most appropriate to its geographical location unless otherwise agreed. Each Area is intended to provide local support and a regular meeting place for BAR members. Meetings are held within easy reach of most main cities. Members may, by invitation, attend meetings in Areas other than their own. Each Area has its own directly elected Officers and Committee. The structure of the Area provides a forum by which it can make its views known to the Association as well as discuss reports brought back by its representative on the National & European Council. Only Members may be elected to the National Council by an Area. Areas may conduct their activities in accordance with the wishes of local Members, providing always that they do not act in any way which may be detrimental to the interests of the Association as a whole, or in contravention of the Articles or these Rules. Areas may not charge subscription fees to Members but may make reasonable charges to cover actual costs in respect of room hire, catering, speaker expenses or any special events they may wish to organise.

13.2

13.3

13.4

13.5

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14.

CHANGES OF CIRCUMSTANCES, CONTROL OR OWNERSHIP

14.1

The circumstances under which a Members ownership or control shall be deemed to have changed are detailed in Article 7 of the Articles of Association. Members must notify BAR in writing within 30 days of: any change of the company structure or legal status; the acquisition of assets or name of another company, the opening of a new branch or any change of address. In any case where a Members ownership or control changes the Member must give written notice of such change to the Board within 30 days from the date on which such change of ownership or control takes effect, and in that event the Board may at its absolute discretion (and without giving any reason) terminate or suspend the membership of that Member or implement the successor-in-business procedure specified in accordance with Article 7(c) of the Articles of Association. If a Member, fails to give notice as required by Rule 14.2 above for whatever reason, its membership shall at the expiry of the said period of 30 days, and without the Board having to give any written notice of termination to that member, automatically cease and in that event its membership shall be deemed to have ceased from the date on which such change of ownership or control took effect. Where any such changes are notified, BAR reserves the right to require a new application. BAR membership is not a transferable asset, but where an existing BAR Member acquires another Member as a going concern, and where there is no change to the legal status, then membership is usually treated as continuous. Where assets and or the business of an existing Member are sold or transferred (but not the legal entity) the treatment of various new ownership scenarios which may occur are described in Appendix 1 to the BAR Membership Criteria All Groups (attached as Annex 1)

14.2

14.3

14.4

14.5 14.6

14.7

15.

RESIGNATION OR TERMINATION OF MEMBERSHIP

15.1

The membership of a Member shall cease upon written notice of resignation being sent to the registered office of the Association or in any of the circumstances described in Article 3 of the Articles of Association. Following cessation of the Members membership (under any circumstances) BAR will cease to publish the Members data and will inform the remaining Members that the company is no longer a Member.

15.2

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15.3

The terminated Member will immediately and at its own cost cease to hold itself out as being a Member and will remove all logos, badges, decals and all references which state or imply BAR membership from its premises, vehicles, website, advertisements, and other marketing or advertising media. The Board shall be under no obligation to refund the unexpired portion of any subscription paid in advance by a member whose membership has ceased for whatever reason.

15.4

16.

ADVERTISING

16.1

All advertising must comply with the British Code of Advertising, Sales Promotion and Direct Marketing and Members shall adhere to the principles set out in the BAR Code of Practice (attached as Annex 2 - Clause 2: Advertising). Where an Additional or Alternative Trading Name is used all advertising and marketing material must clearly and explicitly show the link or relationship with the Member. Compliance with 16.2 above shall be judged according to the extent to which it is deemed to accord with the general principle of the need for transparency, and the avoidance of advertising which may mislead consumers or BAR members into believing that they are dealing with different companies when in fact they are dealing with the same company using different names. The Members BAR membership number must be displayed in the approved format wherever the BAR logo is used, or reference to BAR membership is made in any advertising or marketing media.

16.2

16.3

16.4

17.

WEBSITES

17.1

Members shall make clear reference to BAR membership by displaying the correct and relevant BAR membership logo and/or the BAR/OFT combined logo, together with the Members BAR number, on all websites. Members shall ensure that the BAR logo provides a direct link to the BAR website.

17.2

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18.

USE OF LOGOS

18.1

Membership of BAR entitles members to display the Associations trade mark registered logo(s) and members are encouraged to display the logo(s) relevant to their category of membership on vehicles, premises, websites, letterheads, business cards, web sites and other communication media, documentation and stationery. Different logos apply to different categories of membership and it is the members responsibility to ensure that only the logo(s) which they are authorised to used is/are used. BAR Logos must be used in accordance with the logo usage rules located at www.bar.co.uk as may be updated by BAR from time to time. BAR Logos may not be modified, edited, cropped, reversed, enhanced, filtered or changed. The generic BAR/OFT logo is a single indivisible entity and may not be used in any ways other than those set out in the Approved Code Logo Design Guidelines and in accordance with the Office of Fair Trading Copyright Licence Terms [the Guidelines and Licence Agreement may be downloaded from the BAR website].

18.2

18.3

18.4 18.5

19.

THE CODE OF PRACTICE

19.1

Subject to the following provisos, compliance with the Code of Practice is mandatory upon all Members, and forms part of each Members contract of membership of the Association. The BAR Code of Practice, approved by the Office of Fair Trading under its Consumer Codes Approval Scheme, applies to all furniture removal activities for UK consumers dealing with a UK based BAR Member. The Code does not apply to business to business contracts, and while it is recognised that there are some Members who carry out little or no work for private individuals, it is nevertheless a requirement that such Members accept and operate to the principles and spirit of the Code even though they may not be subject to audit in the same way as the majority of the membership. All Members are required to advertise their adherence to the Code. Members must ensure that all staff are familiar with all aspects of the Code relevant to their role. Members shall display in a prominent position at each of their offices which is open to the public their certificate of BAR membership currently in force, which shall confirm adherence to the Code. Page | 12

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19.7

BAR, as Code sponsor, is required by the OFT to carry out continuous monitoring and to report regularly on the operation of the Code. Members must cooperate fully in such monitoring exercises. Serious breaches of the Code will be referred to the Independent Code Disciplinary Committee which has the power to impose a range of sanctions including, in extreme circumstances, termination of membership.

19.8

20.
20.1 20.1.1

CONCILIATION AND ARBITRATION

CONCILIATION A Member shall include as a term of any contract relating to the sale of his removal, shipping and/or storage services a provision whereby any dispute arising out of, or in connection with, such sale which is not amicably settled, may be referred, in the first instance, to the BAR Conciliation Service, and failing agreement by this means may be referred for resolution under the BAR Independent Arbitration Scheme. All Members shall have in place responsive and user friendly procedures for dealing with customer complaints, and should endeavour to resolve disputes within 30 days of the date of receipt of the complaint. In the event of a dispute which cannot be resolved within this time, either the Customer or the Member may refer it to the free conciliation service provided by the Association. The Member should advise the customer of the availability of the BAR Conciliation Service if they are not already aware of it. BAR will not embark upon conciliation unless the parties have first tried and failed to reach agreement between them. Conciliation is an informal process available to both consumers and BAR Members, in the event of a dispute which cannot be settled amicably through the terms of the Code of Practice or the agreed contract terms and conditions. Conciliation is offered as an alternative to legal proceedings but does not preclude either party from pursuing legal redress. Proposals and recommendations made by BAR in the resolution of disputes through conciliation are not legally binding upon the BAR Member or the consumer. Referral of a dispute to the BAR Conciliation Service does not prevent the Customer from taking subsequent legal action. The conciliation process will involve assessing the evidence produced by the parties in support of their respective claims or demands. Conciliation will be conducted by the BAR Consumer Affairs Team, who will fairly assess the respective positions of the parties and make recommendations for an equitable resolution of the differences between them. Page | 13

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20.1.9

Throughout the conciliation process Members are expected to cooperate fully with BAR and to respond promptly to requests for information or documentation. ARBITRATION If the dispute cannot be settled by conciliation either the Customer or the Member, by agreement with the Customer, may refer it to the BAR Independent Arbitration Scheme. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability for the Customer in respect of costs. It is intended to be an effective and user friendly alternative to the County Court small claims procedure Under the BAR Independent Arbitration Scheme, the case will be independently determined by an arbitrator appointed by IDRS Ltd, a subsidiary of the Centre for Effective Dispute Resolution. Any award made under the arbitration scheme will be legally binding upon both parties and may only be challenged on certain limited grounds under the Arbitration Act 1996. The Member must accede to participation in the scheme if the Customer so requests. The scheme is subject to certain restrictions and does not apply: (a) To claims for amounts greater than the prevailing limit for County Court small claims arbitration (currently 5,000).

20.2 20.2.1

20.2.2

20.2.3

20.2.4

20.2.5 20.2.6

(b) to disputes where either of the parties has already initiated legal action, unless that legal action is cancelled by agreement; (c) where claims concern physical injury, illness, nervous shock or their consequences; (d) where the claim is frivolous or vexatious; 20.3 20.3.1 COSTS OF ARBITRATION A non refundable registration fee of 100 is payable by each party upon application for Arbitration. Unless otherwise directed, any amount awarded shall be paid within 21 days of dispatch of the award to the parties. Such payments shall be made direct to the party entitled to receive it. Any Member who fails to pay any amount awarded to a customer within the required time period shall be automatically in breach of these Rules, and thereby subject to any sanction or penalty which may be applied by the Association under the Articles, these Rules or the Code of Practice. The BAR shall pay the administrators administration fees, the arbitrators fees and expenses and those of any expert or legal adviser appointed by him. Under these Rules of membership BAR reserves the right to recover any costs of the arbitration from the Member concerned.

20.3.2

20.3.3

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21.

INTER-MEMBER RELATIONS AND DISPUTES

21.1

Disputes between members are regarded as commercial matters pertaining only to the parties involved, and for that reason BAR would not normally expect to intervene. Where an inter-member dispute threatens to damage the reputation of BAR, the Association will take whatever action is deemed necessary to ensure such damage is minimised or eliminated. Any Member raising a question as to the conduct of another Member, requiring investigation by BAR, shall do so in writing and shall also give such details regarding the acts complained of as the Board may from time to time require. No complaint shall be made later than 3 calendar months after the matter complained of has come to the knowledge of the complainant. No complaint received from an anonymous source will be considered or acted upon. If the Board, (or any authorised Committee established by the Board) is of the opinion that the matter requires investigation, they shall make cause particulars of the complaint to be sent to the Member concerned, and shall invite such Member to make such observations in writing upon the complaint as he may think fit within 10 days after sending the said complaint. If the Board decides that the case is of such a nature that it can properly be determined without a hearing, they may dispense with a hearing and may determine the matter summarily. Otherwise the Board shall take what action it deems necessary in accordance with Article 4 of the Articles of Association. A Member shall not infer or openly behave in such a manner as to suggest that any other member of the Association is or may be in financial difficulty, or is likely to become insolvent.

21.2

21.3

21.4

21.5 21.6

21.7

21.8

22.

FINANCE

22.1

Each Member shall be liable to pay all fees, subscriptions or other payments due to the Association and its subsidiaries within the time period stipulated. Failure to do so may result in termination of membership. Members shall, upon request, agree to provide evidence of their financial stability and reliability to the Association. Members shall settle all debts due without delay, or within any period agreed with the creditor. Continued failure to do so without adequate explanation may be taken as evidence of an

22.2

22.3

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inability to meet liabilities, and the Association may exercise its right to investigate the financial standing of the Member and review its continued membership.

23.

CONTRACT TERMS & CONDITIONS

23.1

Members shall, within 12months of their publication, have in use either the recommended BAR model Terms & Conditions, or contract terms which are no less favourable to the customer. Any Member electing to use Terms & Conditions other than those provided and recommended by BAR will be required to submit such contract terms to BAR for scrutiny, to ensure they meet this requirement and comply with the Unfair Terms in Consumer Contracts Regulations. BAR publishes copyright model Terms and Conditions which are available for Members use. For consumer contracts BAR has developed three different sets of Conditions, one for each of the three identified approaches most removers are likely to consider in relation to the protection against loss of or damage to their customers' goods. These are: (a) Standard Conditions For use by firms which make an insurance sale or offer in connection with removals services by extending to the Customer rights under the Members existing Marine or other Open Cover All Risks Policy. (b) Liability Conditions For use by firms offering 'Extended Liability' (or 'Declared Value') - whereby the remover does not sell insurance but offers the customer different price options with different levels of contractual liability according to the level of liability and value declared by the customer. (c) Insured Remover Conditions For use by firms offering the 'Insured Remover' route - whereby the remover buys insurance himself (for Full Liability cover if necessary rather than just All Risks) as a block policy to cover all work carried out over the coming year but makes no insurance sale or offer to the customer.

23.2

23.3

Separate conditions have been developed for use by members of the Commercial Moving Group in connection with office and commercial moving.

24.

ANNUAL CONFERENCE

24.1

The Association holds an Annual Conference, usually in May. The venue is determined by the Conference Committee. The conference will be UK based unless the Conference Committee identifies a need to hold it outside the UK. Any proposal to hold the conference at a location outside the UK must be approved by the Board.

24.2

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24.3

The purpose of the conference is to provide a forum for members to attend business meetings and networking social activities. The Annual General Meeting of the Association is usually, but not necessarily, held in conjunction with the conference. Those who may attend the conference are: (a) Owners, directors and employees of Members, International Associates and Affiliates. (b) Honorary Life Members and their partners. (c) Individual members (d) Staff of BAR and its subsidiary companies. (e) Spouses, partners, relatives and children of the above are welcome to attend the social sessions. (f) Any other person who the President or the Board may invite as a special guest.

24.4 24.5

24.6

No owner, director or board member of any company whose membership has been suspended or terminated may attend the conference unless specifically authorised by the Board. The Board may, at its discretion, decline any application to attend the conference.

24.7

25.

ACCEPTANCE OF RULES

25.1

Membership of BAR is conditional upon the Member accepting and abiding by these Rules, and the Member acknowledges that these Rules are binding upon and enforceable against the Member by BAR. The Member acknowledges that BAR may, without incurring any liability to the Member and without prejudice to any other rights or remedies of BAR, take such action or may require the Member to take such action, as is necessary in the opinion of BAR to protect the legitimate interests of other Members or the Association.

25.2

26.

AUDIT AND COMPLIANCE

26.1

The Member acknowledges and agrees that BAR will, on reasonable notice to the Member, have the right to physically inspect the Members premises and to audit the Members processes and documentation to verify that the Member is complying with these Rules, the Membership Criteria, and the Code of Practice. The Member shall cooperate with and provide such assistance as reasonably required by BAR or its appointed representatives in connection with any such inspection or audits. Page | 17

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RULES OF THE BRITISH ASSOCIATION OF REMOVERS

26.3

Whether pursuant to an inspection, audit or otherwise, if BAR has reasonable grounds for believing that the Member is not complying with these Rules, then BAR may notify the Member of such non-compliance in sufficient detail to allow the Member to take appropriate remedial action. Following receipt of such notice, the Member must, within the time stipulated remedy the noncompliance. If the Member has not remedied the non-compliance to BARs reasonable satisfaction within the time stipulated, then BAR may take action as provided for under Article 4 of the Articles of Association up to and including termination of membership.

26.4

27.

DISCIPLINE

27.1

In the event of any infringement of these Rules or the provision of false or misleading information to the Association the Board may apply such sanctions as provided for under the Articles of Association. Breaches of the Code of Practice may be referred to the Code Disciplinary Committee.

27.2

28.

AMENDMENTS TO RULES

28.1

The Board may authorise, and BAR may publish, amendments to these Rules from time to time, which will become binding upon all members upon publication. BAR will make the latest version of these Rules available on the BAR website and will also draw members attention to changes to these Rules.

28.2

29.

ANNEXES

Annex 1 Annex 2

Membership Criteria Code of Practice

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