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VAILLANT GROUP UK LIMITED - VAILLANT GROUP x UKPS NHS FUNDRAISER

TERMS AND CONDITIONS (the "Conditions")

1. Background

1.1 Vaillant are participating in a matched donation Fundraiser with UKPS for the benefit of the Charity.

1.2 For every Qualifying Purchase:

(a) Vaillant will pledge ten pounds (£10) ("Vaillant Donation");

(b) UKPS will match Valliant's pledge and also pledge ten pounds (£10) ("UKPS Donation"), resulting in a twenty pounds (£20) donation per Qualifying Purchase ("Matched Donation"),

until the earlier of the expiry of the Period or when the sum of Matched Donations equals the Maximum Sum.

1.3 It will be the sole responsibility of UKPS to distribute the Total Matched Donation to the Charity or Charities selected by each Qualifying Store.

1.4 The manager at each Qualifying Store shall have sole discretion to decide which Charity shall benefit from this Fundraiser.

1.5 These Conditions govern the legal relationship between you ("the Customer"), and Vaillant.

2. DURATION

2.1 This Fundraiser will commence at 12.01 GMT on 1st March 2022 and will continue until the earlier of:

(a) 23.59 GMT on 31st August 2022; or

(b) when the Maximum Sum is reached, ("the Period").

2.2 Vaillant reserves the right to extend or terminate their participation in the Fundraiser at any time.

3 CUSTOMERS OBLIGATIONS

3.1 In order for Vaillant to pledge a Vaillant Donation, the Customer must:

(a) purchase a Product from a Qualifying Store;

(b) be over the age of eighteen (18) years;

(c) be a resident in Mainland United Kingdom;

(d) be registered with and appear on the Gas Safe Register;

(e) be a sole trader or a company; and

(f) supply to Vaillant any information which is reasonably requested in relation to this Fundraiser or in accordance with these Conditions, ("the Qualification Conditions").

3.2 For the avoidance of doubt, the Customer can purchase more than one Product during the Period (subject to any existing limitations, including (for the avoidance of doubt) any restrictions implemented by a Qualifying Store.)

3.3 Any purchase made outside the Period will be deemed invalid for the Fundraiser, and Vaillant will not be under any obligation to pledge a Vaillant Donation.

4 VAILLANT OBLIGATIONS

4.1 Vaillant shall pledge a Vaillant Donation for each Qualifying Purchase in accordance with these Conditions.

4.2 Within thirty (30) days of the receipt of an invoice from UKPS detailing the Total Matched Donation, Vaillant shall pay to UKPS the sum of all undisputed Vaillant Donations they have pledged throughout the Period ("Vaillant's Total Donation"), as detailed in the invoice.

4.3 Vaillant reserves the right at any time to:

(a) query or require evidence of any alleged Vaillant Donation or Vaillant's Total Donation;

(b) refuse to pay any Vaillant Donation or Vaillant's Total Donation;

(c) refuse to pay Vaillant Donations to any Charity selected by the manager of a Qualifying Store for any reason;

(d) amend these Conditions without notice for any reason;

(e) change the Qualification Conditions for the Fundraiser without notice for any reason; and/or

(f) terminate these Conditions and withdraw from the Fundraiser without notice for any reason.

Vaillant shall exercise reasonable endeavours to notify the Customer of any such changes under clause 4.3(d), 4.3(e) and 4.3(f) and shall do so via the Website.

4.4 By purchasing a Product, Customers agree to be bound by these Conditions.

4.5 Vaillant regrets that it is unable to accept or send any other correspondence concerning the Fundraiser other than as set out in these Conditions.

4.6 The decisions of Vaillant in respect of any and all aspects of the Fundraiser will be final and binding.

6 LIABILITY

6.1 Nothing in these Conditions shall limit or exclude Vaillant's liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) any other breach liability for which cannot be excluded by law.

6.2 Subject to clause 6.1 above:

(a) Vaillant shall under no circumstances whatever be liable to any Customer or third party in respect of this Fundraiser, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Fundraiser;

(b) Vaillant shall under no circumstances whatever be liable to any Customer or third party in respect of the choice, quality, relevance, legal status and/or appropriateness of the Charity. The choice of the Charity shall remain the sole discretion of UKPS;

(c) Vaillant shall under no circumstances whatever be liable to any Customer or third party in respect of this Fundraiser, where a purchase of a Product is not validly registered for any reason;

(d) Vaillant shall under no circumstances whatever be liable to any Customer or third party in respect of this Fundraiser, where the Total Matched Donation is not correctly or accurately paid to the relevant Charity or Charities. Payment of the Total Matched Donation shall remain the sole responsibility of UKPS; and

(e) Valliant's total liability to any Customer in respect of all other losses arising under or in connection with the Fundraiser, these Conditions and/or any purchase of a Product made under these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Total Matched Donation.

6.3 Each Customer shall keep Vaillant indemnified against all liabilities, costs, expenses, damages and losses (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered and/or incurred by Vaillant as a result of or in connection with any claim made against Vaillant by a third party arising out of or in connection with the Fundraiser, to the extent that such claim arises out of or is contributed to by the breach by the Customer and/or its employees, agents or subcontractors of these Conditions.

6.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Conditions.

6.5 Vaillant is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that this prevents the Customer from or otherwise obstructs the Customer from participating in the Fundraiser.

6.6 The Customer shall be liable for any and/or all taxation liabilities that may arise under or in accordance with the purchase of the Product ("Tax Liability"). For these purposes, Tax Liability shall include any and/or all of the following:

(a) income taxes, including any taxes arising from benefit in kind taxes;

(b) National Insurance; and

(c) any other relevant United Kingdom taxes; and/or

(d) any other relevant corporate tax or other tax liabilities.

7 FRAUD AND OTHER EVENTS

7.1 Vaillant reserves the right to audit each Qualifying Purchase to ensure that these Conditions have been met and to request reasonable additional information, and supporting documents, regarding a Qualifying Purchase.

7.2 Vaillant reserves the right to modify or discontinue, temporarily or permanently, the Fundraiser with or without prior notice, due to reasons outside its control including, but not limited to, anticipated, actual or suspected fraud.

7.3 Vaillant shall not be liable for any failure to comply with these Conditions where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, acts of God, adverse weather, fire, flood, computer virus, mobile phone failures, bugs, sabotage, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion or unrest, terrorism or supervening legislation. Accordingly, Vaillant may, at its absolute discretion, vary or amend the Fundraiser and/or these Conditions and the Customer agrees that no liability shall attach to Vaillant as a result.

7.4 Submission of a false, incorrect, misleading or fraudulent Qualifying Purchase, information or other supporting documentation may result in disqualification from this Fundraiser and/or all future promotions and/or fundraisers run by Vaillant and in the Customer being subject to prosecution.

8 GENERAL

8.1 The parties agree that the Conditions constitute the entire agreement between them, and supersede all other drafts, agreements, arrangements and understandings between them in relation to its subject matter, and any terms contained in any of the Marketing Materials.

8.2 The Fundraiser and these Conditions shall be governed by the law of England and Wales.

8.3 The Customer and Vaillant irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. However, if the Customer is a consumer and is resident in Scotland, the Customer may also bring proceedings in Scotland.

8.4 Customers should not send requests to enter the Fundraiser to any address set out in these Conditions, as they will not qualify for the Fundraiser and will not be responded to.

8.5 These Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional material.

Please retain a copy of these Conditions for your reference.

SCHEDULE 1: DEFINITIONS

1. Definitions

"Charity" means any one of the charities selected to benefit from this Fundraiser, selected at the sole discretion of the manager of any Qualifying Store in accordance with the Charity Criteria;

"Charity Criteria" means a person established for a charitable purpose (as set out in the Charities Act 2011), which relates to healthcare, and which complies with such other criteria as may be notified by Vaillant to UKPS from time to time;

"Customer" means You, any person who makes a Qualifying Purchase during the Period;

"Email Address" means info@Vaillant-Group.co.uk;

"Fundraiser" means the matched donation fundraiser between Vaillant and UKPS in order to donate money to NHS charities;

"Mainland United Kingdom" means mainland United Kingdom, excluding (without limitation) the Channel Islands, Isle of Man and/or Northern Ireland;

"Matched Donation" means the sum of the Vaillant Donation and the UKPS Donation, which shall be twenty pounds (£20) for each Qualifying Purchase until the Maximum Sum is reached;

"Maximum Sum" means twenty-five thousand pounds (£25,000). For the avoidance of doubt both Vaillant Donations and UKPS Donations contribute to the Maximum Sum;

"Product" means any Vaillant Group ecoTEC plus;

"Qualifying Purchase" means a purchase of a Product by a Customer during the Period in accordance with these Conditions;

"Qualifying Store" means any branch of any UKPS brand, including (but not limited to) Grahams, UKPS, HPS, MDS, Michael Pavis, Plumbstop, Pumbcity, Plumbstore, Plumbase, Gas Centre and Willbond;

"Total Matched Donation" means the sum of all the Matched Donations during the Period, up to the Maximum Sum;

"UKPS" means UK Plumbing Supplies Limited with a company number of 02723962, whose registered address is at Quayside 2a Wilderspool Park, Greenalls Avenue, Stockton Heath, Cheshire, England, WA4 6HL;

"UKPS Donation" means ten pounds (£10) which UKPS pledge to donate for every Qualifying Purchase until the Maximum Sum is reached;

"Vaillant" means Vaillant Group UK Limited with a company number of 00294316, whose registered address is at Nottingham Road, Belper, Derbyshire, DE56 1JT;

"Vaillant Donation" means ten pounds (£10) which Vaillant pledge to donate for every Qualifying Purchase until the Maximum Sum is reached;

"Vaillant Total Donation" means the sum of all Vaillant Donations pledged during the Period, up to twelve thousand five hundred pounds (£12,500); and

"Website" means www.Vaillant-Group.co.uk.