Welcome to Catering Insurance Online your one stop shop or catering trailer insurance and catering trailer liability insurance for all mobile and outside caterers

BARCLAY BROWN (PRESTON) LTD– INSURANCE BROKERS

TERMS AND CONDITIONS OF BUSINESS AGREEMENT

Please read this document carefully – in the absence of any agreement to the contrary it sets out the terms on which we agree to act for you (our client/customer) and contains details of our Regulatory and Statutory responsibilities.

Please retain a copy of this Agreement with your other insurance documentation or download a PDF Terms and Conditions

INTRODUCTION

Barclay Brown & Company Limited is a private and wholly owned subsidiary of Barclay Brown Holdings Limited and remains an entirely Independent Insurance Intermediary. As such we are not tied to any one insurer and are positioned to advise on all types of non-life general insurance products. We are members of the ‘Willis Commercial Network’ which enables us to access all leading insurers’ products and services without affecting our independent status. We offer products from a range of insurers and a list of these is available on request. We will advise and make a recommendation for you once we have assessed your demands and needs. This will include the type of cover you require together with the costs. Only upon receipt of your instructions will we place insurance with insurers.

FINANCIAL SERVICES AUTHORITY [FSA]

We are authorised and regulated by the FSA in relation to the selling and administration of non-investment insurance products. Our FSA registration number is 300693. Details of our registration can be accessed on the FSA website at www.fsa.gov.uk/register where you can also obtain information from their ‘Handbook’ of rules and guidance with which we must comply. The FSA is a statutory body appointed by H M Treasury under the terms of the Financial Services and Markets Act 2000.

OUR DUTY & COMMITMENTS TO YOU

We are required to comply with all relevant FSA Regulations such that we:

Conduct our business with integrity acting both fairly & reasonably and with due regard to your interests

Adopt all due skill, care and diligence

Communicate with you in a way that is clear, fair & not misleading

Keep you informed of all progress /developments in the process of placing your insurance & of any inability to place cover

Manage any conflicts of interest fairly - explaining how the position has come about

Hold & protect any customer money in accordance with FSA specified conditions (see below)

Issue documentation to you as soon as possible and/or when payment terms have been agreed or met by you.

DISCLOSURE OF INFORMATION

It is solely your responsibility to provide all information we request from you & to ensure that this is complete and accurate. This applies at the time you take out your insurance policy (inception), throughout the period of the policy and when you elect to renew the policy.

You must advise us as soon as reasonably practicable of any changes in your circumstances that may affect the services we provide or the cover provided under your insurance policy.

For certain classes of insurance the insurer may require you to complete a proposal form, questionnaire or similar document. Whilst we are happy to provide guidance as required, we are not able to complete the document for you.

At all stages prior to completion of the insurance contract and thereafter you are responsible for carefully checking all documentation (including the policy) to ensure that the cover arranged meets with your requirements. Should it not do so, or you detect any discrepancies, you should contact us immediately. Particular attention should be paid to any policy conditions and warranties as any failure to comply may invalidate your cover.

Should you not act with the utmost good faith or fail to disclose any material fact(s) or circumstances to insurers, then insurers may be entitled to avoid the policy contract or decline any claim (or part thereof).

PRODUCTION OF DOCUMENTS

The member must furnish us with the documentation necessary to complete and finalise the insurance cover requested within10 working days of request. This will relate to:-

We cannot continue to provide insurance to members who fail in these duties.

PAYMENT OF PREMIUMS

You will provide settlement by way of cleared funds in accordance with our notified & agreed payment date or within 14 days of the issue of our debit note to you. Failure to meet the premium payment date may result in insurers cancelling your policy. We are under no obligation to pay the premium by the payment date on your behalf.

All Client money collected by us will be kept separate from our own money & deposited in one or more designated bank accounts established as either a Statutory or non-Statutory Trust. We may transfer money to another person, such as another broker or settlement agent, for the purpose of effecting a transaction on your behalf through that person. In certain circumstances we will hold premium payments as agents for an insurer & in this instance any said payment will be deemed to be payment to the insurer and such monies will be deposited in a designated bank account set up for this express purpose.

We have to meet account payment dates set by the insurers appointed. The continued availability of the products depends on our ability to settle the insurer’s accounts promptly.

This is obviously to members benefit so we do expect individual requests for payment to be dealt with expeditiously, i.e. within 14 days of the commencement of cover.

The Liability Insurance product requires payment of the premium in full at the point of sale.

METHODS OF PREMIUM PAYMENT

We offer members 3 ways in which premium can be paid:-

It is important to note the following with regard to these facilities:-

  1. In respect of Liability insurance the premium must be paid in full before cover can be granted. This means that payments by cheque must be cleared through our bank before cover is incepted. This also means that this class of cover is not eligible for payment in monthly instalments by direct debit.
  2. Where the member elects to remit the premium for trailer, non motorised vehicles or motorised vehicles in monthly instalments by direct debit, eligibility for this method of payment will depend upon the immediate payment of a deposit premium of 25% of the total premium required.
  3. Where the member elects to remit the premium in monthly instalments by direct debit, then the value of any discounts due to the member will appear on the quarterly bordereaux forwarded to The Ice Cream Alliance in the quarter following the funding of the premium loan by the premium finance provider.

CANCELLATION OF COVER

a. Liability insurance

Insurers will not refund any part of the premium paid unless circumstances arise where the insurer requests, usually due to a material non disclosure of relevant information, that the policy be cancelled ab initio (from the outset).

In these circumstances the whole of the premium will be refunded less an administration fee of £25.

b. Insurance for trailers and non motorised vehicles

If the policy is cancelled within the 1st 6 months of cover, i.e. within the first 6 months from the initial inception of cover, then the insurer will retain 50% of the annual premium and the balance will be refunded subject to an administration fee of £25.

In the 1st year of insurance, policies which have been in force for over 6 months will be entitled to a pro rata premium refund less the balance of our commission for unexpired period of cover.

Cancellations of cover in the 2nd and subsequent year of insurance will receive a pro rata refund of premium after deduction of an administration fee of £25.

c. Insurance for motorised vehicles

Irrespective of the period for which the policy has been in force the insurer will retain the following proportions of the annual premium when requested to cancel a policy “mid term”:-

Up to ! week - 15% of the annual premium Up to 1 month - 25% of the annual premium Up to 2 months - 40% of the annual premium Up to 3 months - 50% of the annual premium Up to 4 months - 65% of the annual premium Up to 6 months - 75% of the annual premium Up to 8 months - 90% of the annual premium

The refunds relating to the above charges will be subject to the retention of an administration fee of £25.

Policies which have been in force for over 8 months will not be entitled to a premium refund.

CLAWBACK OF DISCOUNTS

Where a policy is cancelled mid term or ab initio, if this occurs after the discount due to the member has been forwarded to The Ice Cream Alliance, then an appropriate credit for the discounted value will be attached to the next bordereaux of discounts.

REMUNERATION & FEES

We are remunerated for our services by receipt of a percentage of the insurance premium paid by you as commission or brokerage allowed by the insurer underwriting the policy. Anything not constituting part of the premium is considered to be a fee but we will discuss and agree any fees with you in advance. Brokerage and fees are earned for the policy period and we will be entitled to retain all fees and brokerage in respect of the full policy period in relation to policies placed by us.

In the event of mid-term adjustments we reserve our rights to apply a fee of £20. We may also charge you a fee of £15 for the issue of duplicate documentation, proof of ‘No Claims Bonus’, cover notes etc.

Prior to the conclusion of each insurance contract or upon renewal, we will remind you of your right to be advised of the level of commission, which we receive from underwriters. You are entitled, at any time, to request information regarding any commission, which we may have received as a result of placing your insurance business.

PLEASE NOTE: The online quotes generated by this site only apply to retail customers. Brokers need to contact the office on (01772) 611161

INTEREST

Any interest earned on client/customer money held by us will be retained by us for our own use rather than paid to you.

MARKET SECURITY

As part of our service to you we will assess the financial standing of all insurers & markets we recommend to you. This will be based on information produced by recognised and accredited rating agencies and that available in the public domain. However, we do not guarantee the solvency of any insurer/market with whom we place business and under no circumstances will we act as insurer.

CLAIMS

You must notify us as soon as possible of a claim or any circumstances which may give rise to a claim under your insurance policy(s). You should contact us either in writing or by telephone and we will provide you with every assistance regarding the claim in question. The information you provide to us should include all material facts relating to the claim. You should not agree to any course of action (other than emergency measures to minimise the loss) nor accept any liabilities to Third Parties until you have received agreement from your insurers. In the event that an insurer becomes insolvent or delays making settlement we do not accept any liability for any unpaid amounts. You should note that insurers might withhold settlement payments to you if you owe outstanding sums on your account.

CANCELLATION OF THIS AGREEMENT

This agreement may be terminated by either party giving 30 days notice in writing to the other. In the event that you terminate our services we will be entitled to receive and retain any fees or brokerage payable.

CONTRACTS (Rights of Third Parties) ACT 1999

The terms of the above Act do not apply to this “Terms of Business Agreement”

DATA PROTECTION

We trade under the terms of The Data Protection Act 1988 and will comply with the said Act in all of our dealings with your personal data. However, it is necessary for us to disclose to insurers and other necessary parties, information which you may consider confidential where it is considered reasonable necessary and/or it is material to the risk under consideration.

All information, data and documentation provided to you by us and all activities undertaken by us on your behalf are for your exclusive and sole use only. By merit of these terms and conditions you agree not to permit access to this in the absence of our express written permission.

We will retain records of all the insurance contracts we arrange for you together with claims records in accordance with insurance industry best practice and compliant with FSA Regulation. We will automatically destroy records after these periods lapse.

ROAD TRAFFIC ACT

It is an offence under the Road Traffic Act to make any false statement or withhold any material information for the purpose of obtaining a certificate of insurance. Certificates of motor insurance must be returned to us when requested - failure to return documents may contravene this Act.

MONEY LAUNDERING / PROCEEDS OF CRIME ACT

Under the above Regulations we are required to obtain evidence as to the identity of clients for whom we act at the start of a business relationship. This might, for example, be evidenced by sight of a current signed passport & two utility bills. For companies (other than listed ones) evidence will usually comprise a copy of the certificate of incorporation, a list of directors, a list of shareholders & the registered address. Claims payment will be in favour of the policyholder – if you require a payment to be made in any other name you must confirm the payee name & provide a brief explanation for your request.

LAW & JURISDICTION

The terms of business stated herein (and all insurances effected hereunder unless stated to the contrary) shall be governed by and construed in accordance with English Law. In relation to any legal action or proceedings arising out of or in connection with this “Terms of Business Agreement” we both irrevocably submit to the non-exclusive jurisdiction of the English Courts.

COMPLAINTS PROCEDURE

Should you wish to make a complaint against an Insurance Company you will find details of their complaints procedures contained within their respective policy document. However, we are able to supply this information to you upon request. In the eventuality that any of our services do not meet with your expectations and you feel that you have cause for a complaint against us, initially contact our office to discuss your concerns. Alternatively, you may address your complaint to:

The Compliance Officer, Barclay Brown (Preston) Ltd 7/9 Church Row Chambers,Liverpool Road,Longton,Preston PR4 5PN

If we are unable to resolve your complaint immediately, we will respond to you in writing within 5 working days (of receipt) confirming our understanding of your complaint, advising who is dealing with the matter and, if possible at that time, how we propose to resolve it. We will endeavour to resolve the position to your satisfaction in accordance with the FSA guidelines. If you consider that this has not been achieved then you may be able to refer it to the Financial Ombudsman Service if you fall eligible within their guidelines (as a Retail customer). They can be contacted as follows:

Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR – Tel: 0845 080 1800

FINANCIAL SERVICES COMPENSATION SCHEME [FSCS]

We are covered by the FSCS. You may be entitled to compensation from the FSCS if we cannot meet our obligations. This is dependent on the type of business and the circumstances of the claim. Full details and further information on the scheme are available from the FSCS.

FINANCIAL SERVICES COMPENSATION SCHEME [FSCS]

We are covered by the FSCS. You may be entitled to compensation from the FSCS if we cannot meet our obligations. This is dependent on the type of business and the circumstances of the claim. Full details and further information on the scheme are available from the FSCS.

CLIENT MONEY GENERAL

The FSA rules are designed to protect you in the event that an insurance intermediary fails or is unable to transfer.

Any premium money it has received from you to the Insurer; or

Any claims or return premium monies that it has received from the Insurer to you.

We are governed by strict rules pertaining to Client Money, set down by the FSA. Where we hold monies in a client bank account, we may earn interest on monies held, which will be retained by us.

CLIENT MONEY (AS AN AGENT OR INSURER)

We act as agents for the Insurer for the collection of premiums and payment of claims and refunds of premiums. This means that premiums are treated as being received by the Insurer when received in our bank account and that any claims money or premium refund is treated as received by you when it is actually paid over to you. There are occasions when such transactions are restricted (for example, to receiving payment only) and we will tell you if this is the case.

CLIENT MONEY (STATUTORY TRUST)

Barclay Brown (Preston) holds its client moneys in trust. This means that whilst we have legal ownership over clients monies, such money remains in the beneficial ownership of our clients. We are not permitted to, and do not, use Client Money balances to provide credit for clients or potential clients.

PAYMENT TO THIRD PARTIES

We may transfer client money to another person, such as another broker or settlement agent, for the purpose of effecting a transaction on your behalf through that person. We do however; still remain responsible to you in respect of your money.

This may include brokers and settlement agents outside the UK. The legal and regulatory regime applying to a broker or settlement agent outside the UK may be different from that of the UK and in the event of a failure of the broker or settlement agent, this money may be treated in a different manner from that which would apply if the money were held by a broker or settlement agent in the UK. You may notify us if you do not wish your money to be passed on to a person in a particular jurisdiction.

YOUR ACCEPTANCE OF THESE TERMS OF BUSINESS

This Terms of Business shall be deemed to be an undertaking and acknowledgement by the Customer(s) of their acceptance to all the terms and conditions set out herein.