Operating Rules

Terms & Conditions : Operating Rules

Border Sports Ring  is contracted solely as an agent to arrange inter-member contracts, to maintain a membership database of services available from members, to operate a system of payment in respect of inter-member contracts and to carry out other activities to expand and develop the Ring about which members will be informed from time to time

Note: ‘Manager’ refers to contract appointed BSR Managing Business, Smeddum Ltd

1. In order that information is made available to the members quickly and clearly a list of available services, with, where appropriate a guide price list – will be circulated annually and a newsletter will be sent out electronically and in hard copy on a regular basis.

2. When a member requires an available service (a Demander) – they should contact the Manager of the ring as soon as possible. Once the Manager has received a request from a demander, it is the responsibility of the Manager to match up a member to supply the services (a Supplier) and to notify them of their commitment.

3. Suppliers must ensure that their insurance policy adequately covers public liability, use/hireof machinery and other required indemnity cover where appropriate.

4. Demanders must ensure that their insurance policy is covered for any property hired through BSR. All Demanders and Suppliers are required to have the necessary employer’s liability coverd by law – where appropriate.

5. Suppliers must ensure that any equipment used or hired is mechanically sound and fit for purpose. Suppliers must ensure that machinery for contract use and/or hire is adequately insured.

6. The Manager must be notified immediately of any contract machinery breakdowns or error in deliveries.The Supplier will be notified and given a reasonable time to have the machine operable or agree a means to rectify a delivery order. If for any reason the repair or delivery order is going to take longer then the Manager may appoint another member to complete the work or replace all or part of the order. The Supplier will be paid for that part of the work or order which he has completed or fulfilled – as determined by the Manager.

7. The Demander will be responsible for damage to the Supplier’s machinery if proven to be caused by neglect or lack of due care and consideration by the Demander, their employed staff, committee members or authorised volunteers.

8. When a job is completed to the satisfaction of the Demander a schedule of the work undertaken is prepared and signed by the Demander and the Supplier. The Supplier returns the schedule to the manager. If copies are not signed, the Supplier must in every case send a copy to the Demander. E mail facility for this purpose is available.

8a. Members must have a current account at a bank together with authorisation for the Ring to use this account as regards payment for work done or goods received between members variable direct debit and credit. Any direct debit returned unpaid to the Ring will incur a £25 charge to cover administration and bank charges. Interest at 2% above base rate will be charged on all overdue accounts.

8b. The Demander will be debited 19days from invoice date with the Supplier being paid by ACP 33days from invoice date, provided payment is from a member. This excludes Buying Group and Labour transactions.

9. Members must have a current account at a bank together with authorisation for the Ring to use this account as regards payment for work done or goods received between members variable by direct debit and credit (as per item 8a). At the discretion of the Ring Board, members can be accepted who opt to always pay on the due date by Debit/Credit Card or by ACP – the direct bank to bank automated payment BACS system.

10. BSR is available as a factoring service for invoice production  and debt collection for members. In each case BSR will operate under an agreed and signed annually reviewable contract. Each contract will always stipulate that BSR acts as an Agent on their behalf and will have no liability for bad debt and will not pay the member until paid itself by the member’s customer.  

11. BSR will charge commission as laid out in the current handbook.

12. Any arrangement made between members for the use of  equipment, or the sale or purchase of any other goods or service, will constitute a contract between the members in which BSR is not a party and carries no liability or responsibility on BSR in the event of non-payment or default of any kind. BSR acts as an agent and not as a principal.

13. Unless otherwise stated, all work/services/commodities provision is carried out/supplied at an agreed rate between Supplier and Demander as laid out in the current handbook. Alterations in price due to operating conditions, quantity of work/commodity order or any other circumstances may be negotiated, in which case this  should be agreed with and/or notified to the Manager before work is started or commodities supplied.

14. All Ring prices quoted in the current Handbook are a guide only. Members are able to ask the manager to obtain a quote for any service/commodity in the current Handbook.

15. Members should give BSR, in the first instance, the chance to satisfy a demand which is listed in guide price list as a BSR available service or supply.

16. BSR does not guarantee any supplier member it will be able to arrange contract work and/or commodity sales for them.

17. All inter-member contract work and/or commodity sales arranged by the Manager mustgo through the BSR payment system, BSR reserves the right to retrospectively charge commission if this is not complied with. BSR Manager will only deal with contract and commodity purchase quotes from BSR members or prospective members.

18. Demanders are always free to specify whom they want to be given the first chance to become a Supplier. They are also free to say who they don’t want.

19. No member is duty bound to quote, do work for, or sell goods to another member.

20. Members are free to carry on contract work with non-ring customers.

21. Any two or more ring members who have a pre-ring working agreement will be able to have this continued in ring work allocation.

22. Members can use BSR as a source of sub-contracting for work for non-ring customers, the demander member will collect his own bill through his normal invoicing routine and the supplier member will be paid through the BSR system.

23. All transactions and negotiations in connection with BSR must be made through the Manager who is responsible to the Board of Directors of BSR. 

24. In the event of disputes between member arising out of any of the Operating Rules all members agree to the following procedures:

(i) The Manager will be asked to negotiate a settlement

(ii) If no settlement is agreed under (i) above the Chairman will be asked to negotiate the settlement

(iii) If no settlement is agreed under (ii) above, the matter shall be referred to an Arbiter who shall be a member pf the South of Scotland and Border Valuers’ Association and will be appointed on the application of either party by the Chairman of BSR; the Arbiter will be entitled to hear parties, to take such expert and legal advice as he, in his sole discretion, may deem necessary, to order work to be done or redone, to order remedial work to be done, goods returned/replaced, to assess and award compensation or damages and to apportion between parties the cost of any work done and the expenses of and related to the arbitration; the Arbiter’s Decree or Decrees, interim or final, shall be final and binding and no appeal shall be competent or made to any Court in terms of Section 3 of the Administration of Justice (Scotland) Act 1972.

25. Any matters arising from the management of BSR will be raised by the Chairman, whom failing the Vice Chairman of the ring whose determination shall be final.