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Carpet Council Twenty Questions and Answers about the Guarantees and Carpet Code of Practice (Prepared for Harrogate Show) 4 Sept 1998
2. Has there been any discussion with other Interests In the carpet trade. such as retailers? Yes. After BCMA and WFDA arrived at a general agreement that it would be desirable to have a code of practice dealing with agreed manufacturing faults and agreed pile reversal complaints, discussions with other bodies took place, such as with the British Shops and Stores Association (BSSA), the buying groups and some of the multiple retailers. This led up to the formation of the Carpet Code of Practice Steering Group which absorbed the BCMA/WFDA Working Party and on which representatives of the BSSA, buying groups and multiple retailers also currently serve. The Steering Group has been responsible for agreeing the final versions of the Guarantees and Code and the system under which they will work. 3. So where does the Carpet Council come in? It was realised at an early stage that the Guarantees and Code would operate better as an easily identifiable entity. So it was decided to make use of the formal structure and name of the Carpet Council because of its previous marketing activity and because it was familiar to the trade press and home interest magazines - also because it saved the expense of having to set up any completely new organisation from scratch.4. Do those firms. whether retailers or manufacturers. which were the oriental members of the Carpet Council have any obligations or benefits? No. All the original memberships and participants in the original Carpet Council have now lapsed and there is a completely clean state for this new purpose. This is why the Carpet Council logo has been changed slightly so as to differentiate it from the original scheme. 5. Who controls the Carpet Council? At the moment the Guarantees and Code of Practice Scheme is being organised and promoted by the Steering Group with representatives from across the whole industry and sponsored by the BCMA and WFDA with the participation of BSSA and the other organisations mentioned above. Initially the "Carpet Council" name is being used as a trading name under which to promote the scheme with the permission of the existing directors of the "Old" Carpet Council. However this will be changed shortly to recognise the new situation. 6. Who owns the Carpet Council? Carpet Council is a company limited by guarantee (i.e. having no shares). Although the company was put into suspense when the previous promotional scheme came to an end, it is now planned that there will be new directors representing the various interests involved with the Steering Group and also to act as trustees for the finances and any other assets. 7. How will the Carpet Council Guarantees and Code of Practice be financed? The initial start up costs of the Carpet Council are, to date, being covered by funds or services provided by BCMA and WFDA. In addition, there was an initial "donation" contributed from the remaining funds of the"old’ Carpet Council. Retailers wishing to participate in the Scheme will contribute via their purchase of promotional materials from the Carpet Council - unless they wish to produce their own (which would have to incorporate copyright text and artwork by direct arrangement with the Carpet Council).8 Will there then be no separate Carpet Council subscriptions? No - it is not currently intended to charge subscriptions for either suppliers or retailers at this stage (thus avoiding administrative expense) - what might happen on the future would depend on what such funding might be needed for. (There is nothing currently foreseen).9. How will the Carpet Council be administered? It is not intended, or expected, that after the initial establishment there will be any substantial administration other than maintaining a list of those manufacturers, wholesalers and other suppliers who have registered as participants and to process the orders for the promotional and information materials from retailers and other participants. 10. How then will the Carpet Council deal with complaints? It is not intended that the Carpet Council shall, of itself, "deal" with complaints! All that has been done is to establish two guarantees, one relating to agreed manufacturing faults and the other relating to agreed pile reversal, together with the agreed Code of Practice on how consumer complaints relating to either of them should be processed. 11. What does "agreed" mean In this context? It, means exactly what it says I For either of the guarantees or the code to come into effect, it has to involve a situation about which all the parties agree (i.e. that the problem being complained about is actually a manufacturing fault or that the "shading" is actually permanent pile rever~al - rather than tracking or any of the other conditions which may also come under the general description of "shading’). 12. So does this mean, then, that with other problems the Guarantees and the Code do not apply ? Quite so! The guarantees are intended to apply only to agreed manufacturing faults and agreed pile reversal complaints. During the initial discussions some other matters were considered but it was eventually agreed that services not under the control of suppliers had no direct relevance to any obligations arising from either of the guarantees. A manufacturing fault is a fault and an example of permanent pile reversal is a problem irrespective of any other factors which could not reduce the effect of those obligations. 13. So what Is supposed to happen when there is no "agreement"? The situation will remain exactly as before the Guarantees and Code of Practice become available, i.e. that if the parties cannot agree to a compromise (or one side withdraws), then the claim would have to be pursued through any of the other channels already open to them - such as involving their local trading standards office, going to law or (by preference) applying for conciliation and/or arbitration - as referred to in the Code itself. 14. Will the Carpet Council be providing arbitration? The Carpet Council has no intention of providing any inspection, conciliation or arbitration services. These are already available through well established organisations widely known throughout the carpet industry. Details about them are known to and can be supplied by the trade associations or local trading standards departments. 15. How will the Code of Practice be enforced? As suggested by some of the answers above, the intention is that the code will be self-enforcing. Although the Code itself is a declaration of aspiration, suppliers who have in the course of registration declared their intention to support the Code will not want to become known as firms which refuse to act in accordance with their declaration. There could also be other legal aspects resulting from any deliberate refusal. 16. Why are the two Guarantees for different lengths of 16. Why are the two Guarantees for different lengths of Why are the two Guarantees for different lengths of Guarantees for different lengths of Why are the two Guarantees for different lengths of Guarantees for different lengths of 16. Why are the two Guarantees for different lengths of 16. Why are the two Guarantees for different lengths of 16. Why are the two Guarantees for different lengths of 16. Why are the two Guarantees for different lengths of 16. Why are the two Guarantees for different lengths of 16. Why are the two Guarantees for different lengths of Why are the two Guarantees for different lengths of Guarantees for different lengths of 16. Why are the two Guarantees for different lengths of17. Will the Code provide for an automatic right of repair Will the Code provide for an automatic right of repairof repair? The Code cannot impose anything on individual consumers because they are not asked to assent to it in any formal sense. Neither can the Code override current British law (which does not actually provide a prior right of repair). However the Code reinforces the message that it makes obvious good sense and is for the benefit of all parties (especially including consumers) if any faults can be remedied on site before any question of replacement is considered. right of repairof repair? The Code cannot impose anything on individual consumers because they are not asked to assent to it in any formal sense. Neither can the Code override current British law (which does not actually provide a prior right of repair). However the Code reinforces the message that it makes obvious good sense and is for the benefit of all parties (especially including consumers) if any faults can be remedied on site before any question of replacement is considered. 18 Do the Code and Guarantees apply in the Irish Republic. other EU countries or elsewhere ? All the discussions, so far, have been conducted solely within a British context. So the assumption, to begin with, is that the Code is only to be automatically applicable by participants within the boundaries of the UK (and its associated British Islands) - beyond that it will be a matter for any distributors or retailers located overseas (which may wish to participate) to check in advance with their individual British suppliers. 19 When will the "Starter packs" and other printed Carpet Council materials be available? It is hoped that promotional material will, subject to take up and owing to the need to establish demand, be available at end of October. It will be important to minimise capital outlay and to maximise print discounts, so that orders for printed materials will be placed when it can be accurately judged what numbers are required. 20 When
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