




|
1. Interpretation. In these regulations: "the Board" means the board of directors for the time being of the Ring. "the manager" means the person appointed by the board to administer the Ring for the time being. "member" means a shareholder in the Ring who is bound by a written contract with the Ring to observe the requirements of these regulations. "machinery" means agricultural vehicles, machinery and equipment. "demander" means a member who acquires the use of machinery through facilities provided by the Ring. "the Ring" means Pembrokeshire Machinery Ring Ltd – the Machinery Ring. "supplier" means a member who supplies machinery or a service for use through facilities provided by the Ring.
2. Annual Subscription. Every member shall pay to the ring an annual subscription decided by the Board before the beginning of any accounting year of the Ring.
3. Levies. In respect of every transaction between a member demander and a member supplier the Ring shall be paid a levy as decided upon by the Board of Directors.
4. Information. Every member must furnish the manager with such information regarding his/her machinery and its availability and his likely requirements for the use of the machinery as the manager reasonably requests from time to time. From time to time the Ring will circularise members with a list of available machinery with charges asked.
5. Arrangements for Use. When a demander has a specific requirement for the use of machinery or service he/she must contact the manager as soon as practicable. When the manager is contacted, if possible, he/she will match the requirement with machinery or service available from a supplier and notify the demander and the supplier accordingly.
6. Payment
a. Unless the demander and the supplier agree otherwise and notify the manager, all work is undertaken at the charge specified in the then current list circularised under Regulation 4.
b. When work has been completed to the satisfaction of the demander a schedule of the work done must be prepared, signed by the demander and the supplier and returned by the supplier to the manager. The manager will arrange for the work to be invoiced to both the demander and supplier on the next weekly invoicing run. C. The manager will arrange for the demander to be debited the sum due 21 days after the invoice date and the supplier to be credited with the sum due 30 days after the invoice date. The demander shall receive due notice of fourteen days of amounts to be debited.
d. Every member shall have a current account at a bank and shall provide a Direct Debit mandate to facilitate the making of debits and credits under Regulation 6c.
7. Role of the Ring. In arranging a transaction between a demander and a supplier and effecting payment, the Ring acts as an intermediary, and not at any time as a principal, and the Ring is not liable for any default in payment by a demander, nor for any loss, injury or damage caused by a supplier.
8. Insurance. Every supplier must ensure that he/she is fully insured to cover contracting work and public liability. Every demander must ensure that he/she is fully insured to cover personal accident and injury occurring in the course of works being done on his/her farm.
9. Liability. Unless the demander and the supplier agree otherwise and make such special insurance arrangements as they consider necessary, any liability of the supplier for any loss of crop or reduction in yield suffered by the demander as a result of any use of the supplier's machinery is limited to the amount of the charge payable in respect of that use.
10. Machinery. The supplier must ensure that his machinery is in a proper state of repair and is fit for its purpose and that it complies with all safety requirements of the law. The demander is responsible for any damage to the supplier’s machinery caused by the neglect or default of the demander or his/her employees.
11. Breakdown. The manager must be notified immediately of any breakdown of a supplier's machinery while working for a demander. The manager will allow what he considers to be a reasonable period for repairs, taking into account the practical requirements of the demander. If the repair is not completed in that period or at any time the manager judges that it will not be so completed, the manager may arrange for another supplier to complete the work, in which case each supplier will be paid for that part of the work done by his/her machinery.
Complaints.
a. Every complaint regarding transactions between members must be made in writing to the manager for mediation or adjudication, as he/she thinks fit. If a member is dissatisfied with the decision of the manager or mediation fails to bring about a settlement, a member has the right, on application to the manager, to put the matter to the board. The board will consider representations by each member concerned, who submits them, and shall decide the issue. The board's decision shall be final.
b. Any complaint by a member about the administration of the Ring by the manager may be raised with the chairman or the vice-chairman of the board, either orally or in writing as the officer concerned directs. If no mutually acceptable settlement is achieved, the matter will be referred to the full board. |
|
© 2008 PMR Ltd P.M.R. Ltd is a non-profit making Friendly Society run for the benefit of it’s members, registered under the Industrial and Provident Societies Act 1965, London Reg. No. 27395R. |