Introduction

The Code of Conduct demonstrates the Timber Trade Federation’s commitment to delivering quality and service.  Our Members are committed to the highest standards of professionalism and integrity in the conduct of their business.

The Code of Conduct sets out the principles by which Members agree to behave.  Members will not knowingly misrepresent facts or mislead any customers or suppliers concerning any aspects of the goods and services they provide.  They also agree to abide by specific codes of practice relevant to their business.

Importantly, our Environmental Code of Practice commits TTF Members to the highest standard of environmental practice particularly in relation to the sourcing of wood and wood products.

Our Members are committed to providing clear, responsive and user-friendly procedures to deal with complaints should they arise.  If these fail to deal with a given problem, a customer may then initiate a complaints procedure under this code. 

The Complaints Procedure also gives the TTF powers to address alleged breaches of the Environmental Code of Practice.

This document sets out the Code in its entirety but should you require any further information then you can call 020 3205 0067.

John White
Chief Executive
Timber Trade Federation
June 2007

Code of Conduct

1. This Code of Conduct (“Code”) is intended to assist Members of the Federation to maintain and improve the standards of conduct within the industry by assuring all who deal with Members of the Federation that they are conducting their business with reputable organisations.

2. For the purposes of the Code the expression “Member” shall not include Affiliate or Associate Members as defined in the Articles of Association and bye-laws of the Federation.

3. Otherwise the Code shall be binding on all Members.  In the case of existing Members they shall be deemed to have subscribed to the Code by continuing in membership for a period of three months after the coming into effect of the Code.  Members joining after the coming into effect of the Code shall signify that they subscribe to the Code by signing the membership application form.

4. All Members shall additionally subscribe to the provisions of the Environmental Code of Practice and the Codes of Practice relevant to their business which currently comprise the:

4.1. Hardwood Code of Practice
4.2. Panel Products Code of Practice
4.3. Softwood Code of Practice
5. It is intended that the Code does not in all cases indicate in precise terms particular action which should or should not be taken but sets out principles which Members are required to apply with good sense, honesty and integrity in the spirit of the Code.

6. Failure to observe the Code or the relevant Code of Practice could lead to the imposition upon the Member by the Federation of fines, suspension from membership or expulsion from the Federation in accordance with the Complaints Procedures of the Federation.

7. The Code and/or the Complaints Procedures may be amended from time to time with the approval by the membership at an Annual General Meeting.

8. Members shall:-

8.1. conduct their businesses lawfully and comply with all relevant legislation and trade fairly and responsibly;

8.2. behave at all times with integrity and act responsibly and with care in the day to day conduct of their business;

8.3. not knowingly misrepresent facts or mislead any customer or supplier concerning any aspect of the goods and services they provide;

8.4. respect confidential information to which they may in the course of business become privy;

8.5. provide adequate training and instruction to their employees and agents bringing the contents and application of this Code and its principles to their attention and requiring such employees and agents to carry out their duties in accordance with the Code;

8.6. follow and comply with any instruction or guidance note or advice (where applicable) issued by the Federation;

8.7. make known and publicise the existence of the Code and where appropriate provide details of the Complaints Procedures;

8.8. notify the Federation of any matter which might adversely affect the reputation of the industry or the Federation;

8.9. co-operate fully and in a timely manner to any regulatory or statutory body and to the Federation in the investigation and determination of any complaint made and referred to such body or the Federation;

8.10. provide to all persons with whom the Member does business clear, accurate pre-contractual information and clear terms and conditions of supply including fair contract terms;

8.11. institute in the Members organisation clear, timely, responsive and user-friendly procedures for dealing with complaints and adhere to such procedures and time limits;

8.12. be bound by and comply with the Complaints Procedures from time to time.

9. Nothing in this Code restricts or is intended to restrict the rights of a complainant or a Member to pursue remedies through the Courts except where the Member or complainant seeks resolution of the complaint by binding arbitration.

10. The Complaints Procedure may not be invoked where the complaint has been the subject of a judicial decision or upon which judicial or arbitration proceedings have been commenced.

11. Members acknowledge and agree that any award fine penalty cost compensation or restitution ("Award") made under the Complaints Procedure may be recovered as a debt by the party in whose favour such Award is made.

TTF Hardwood Code of Practice

All Timber Trade Federation (TTF) members dealing in Hardwood and associated products are required to adopt and comply with this Code of Practice for use as a public and promotional document forming an integral part of the TTF Code of Conduct.

Its aim is to assist members in the promotion of their company’s efforts to correctly supply accurately marked and labelled products and to ensure the exposure of those known to be breaching the code as a result of wilful product mis-labelling or mis-marking.

This code will apply to all Hardwood Products of any dimension and is binding to all TTF members dealing in such goods.

1. No member will deliberately misrepresent any Hardwood Product offered for sale, in terms of species, quality, grade, dimension, measure, moisture content or any other aspect.

2. Where appropriate, every effort will be made to ensure that products supplied will be correctly marked. Any pack or board markings where present must correctly and accurately represent the timber, which they refer to in terms of species, quality, dimension and whether or not kiln dried.

3. Where products are offered as made to BS or BS-EN standards, or the recognised standards of producing nations, members will ensure that all the specification requirements of these standards are adhered to. In instances where no contractual reference is made to any specified standard, or specific agreement between the parties, the dimensional tolerances for Sawn and Processed Hardwood will be as per BS EN 1313 part 2.

4. The conversion to metric measure of Hardwood purchased in Imperial dimension for sale in the United Kingdom will take account of the requirements given in the National Hardwood Division Metrication Code.

5. No member shall require any producer or seller to supply any product deliberately mis-marked or unmarked, which may give a false impression of the grade, origin, whether or not kiln dried, or structural grade of the goods in question. 

6. No member will alter or deface any manufacturer’s product or packing marks with the intention of mis-representing the product’s grade or description.

7. Structural grade stamps where applied must comply with the marking requirements of BS 5756.

8. In cases where Members believe a breach of the Code of Practice has been committed as a result of product misrepresentation, or where any Member knowingly contravenes any part of the Code it is agreed that the allegation must be reported to the TTF via the TTF Code of Conduct Complaints Procedure, and where appropriate to legal or government authorities.   Members will also co-operate fully in any subsequent investigation and any resulting disciplinary proceedings, and abide by its findings.

9. Members undertake to ensure that all relevant personnel employed by them will be conversant with and abide by the appropriate Codes of Practice and their implications.

10. Members undertake to carry out random consignment inspections in respect of both imported and locally purchased products in order to verify that all product markings and descriptions accord with the requirements of the Code of Practice.

Timber Trade Practice for the Hardwood Sector

Conversion to Metric Measure of Imperial Timber

Grading Rules

Hardwood timber is produced in the country of origin according to standard sets of grading rules, which not only define the quality of timber but also the standard sizes and measuring tolerances.  The table below shows those rules most often applied to timber entering the UK market, the geographical areas in which they are used and whether they define sizes as metric or imperial.

NB: There are no European grading rules as such, but a number of EN Standards contain important information on standard sizes, measuring tolerances and qualities.  These include:

Timber is graded at a high moisture content in the source region, generally as it is cut from the log.  As the timber dries to its end use dimensions, it will shrink and this loss of volume may be up to 7%.  It is trade practice to sell sawn timber through the UK supply chain and down to the end user based on nett (dry) dimensions after kilning or drying has taken place.  The surface roughness of sawn timber and the possibility of dimensional change depending upon relative humidity, means that it is not generally practical to use fractions of millimetres when measuring or converting sawn timber.  This fact is recognized in the dimensions and tolerances defined in the above Standards.

Metric Units

Where the Grading Rules use metric units, sawn goods will normally be supplied in the following UK standard metric dimensions:

Other special and European Standard metric sizes would be specifically defined on the purchase contract and then sold on through the supply chain as these defined sizes.

Imperial Units

Where the original Grading Rules used imperial units, a conversion process will take place to achieve metric units for the sales transaction.

If the transaction involves full packs of timber as supplied from the country of origin, the quantity in cubic feet as provided by the original supplier will be converted directly to cubic metres, using the factor 35.315 ft³ = 1 m³.  The original supplier may, on occasion, use an alternative imperial unit such as Board Measure.  In such cases UK timber companies first convert the imperial unit to cubic feet before proceeding with the conversion to cubic metres.

If the transaction involves timber removed from its original packing, then there are two systems which may be used to achieve a metric quantity for sale.

System A, where the nominal Thickness, Width and Length of each piece are measured in imperial sizes and calculated to an imperial volume, which is then converted directly to cubic metres using the factor 35.315 ft³ = 1 m³.

NB: Where goods were produced according to NHLA Grading, the rules do not require boards to be cut to specific imperial widths, but state when measurement takes place any board up to ½” oversize will be rounded down to the nearest inch, while any board between ½” and the next full inch will be rounded up to that dimension.  It is trade practice to sell NHLA graded timber through the UK supply chain on this measurement basis.

System B, where the actual Thickness, Width and Length of each piece are measure in metric sizes and the cubic metre volume calculated as the basis for the sales transaction.

Processing Before Sale Including Re-Sawing, Machining To PAR Or Mouldings
Where processing on imported timber is undertaken, then the sawing and machining will be carried out to specified finished sizes and dimensions, normally in metric.  The equipment used for these tasks is, therefore, specifically calibrated to metric dimensions.  Occasionally, stock may be sawn or machined to imperial units generally because they are required by the customer to match existing timber sections.  It is trade practice to sell machined items based upon the nearest standard metric size as given in the list above. 

TTF Panel Products Code of Practice

Revised by NPPD AGM 20 February 2008

All TTF Members dealing in panel products are required to adopt and comply with this Code of Practice for use as a public and promotional document forming an integral part of the TTF Code of Conduct.

Its aim is to assist Members in the promotion of their company’s efforts to correctly supply accurately marked and labelled panel products and to ensure the exposure of those known to be breaching the code as a result of wilful product mis-labelling or mis-marking.

This code will apply to all wood-based panel products of any thickness and is binding to all TTF Members dealing in panel products.

1. All packing must be correctly and legibly marked with correct glue type, visual grade by face quality, nominal board thickness, manufacturer’s mark and specific country of origin.  These marking requirements must also apply to all panels where practicable. These requirements shall be incorporated in all supply contracts and documentation, including sales invoices.

2. Where products are offered as made to BS or BS EN standards, or the recognised standards of other producing nations, Members will seek to ensure that all the specification requirements of these standards are adhered to.  For plywood products only, where no contractual reference is made to any of the above types of standards, nominal thickness tolerances and glue bond descriptions specified in the latest available versions of relevant standard(s) to be adhered to – refer to Panel Products Code of Practice ‘Supplementary Guidelines – Structural Panels’.

a. Wood-based panels for construction, as defined within the Construction Products Directive and according to the timetable of that Directive, will meet the specific requirements set out in the Harmonised European Standard EN 13986.

b. Marine Plywood supplied by Members is to meet the requirements of BS 1088 (Marine Plywood), Part 1  (Requirements) and Part 2 (Determination Of Bonding Quality Using Knife Test).  These two Parts together replace the earlier version, BS 1088 & 4079: 1966(1988).

3. No Member shall require any manufacturer or shipper to supply any product in an unmarked or mis-marked condition.

4. No Member will incorrectly describe any panel product offered for sale.

5. No Member will alter or deface any manufacturer’s product or packing marks with the intention of misrepresenting the product’s grade or description.  Where Members receive goods that they have reason to believe have been altered or defaced they undertake to inform the National Panel Products Division (“NPPD”) of the supplier involved via the TTF Code of Conduct Complaints Procedure.

6. In cases where Members believe a breach of the Code has been committed as a result of product misrepresentation it is agreed that this must be reported to the appropriate authorities.  They also undertake to inform the TTF via the TTF Code of Conduct Complaints Procedure of the allegation and to co-operate in any subsequent investigation and any resulting disciplinary proceedings.

7. Members undertake to ensure that all relevant personnel employed by them will be conversant with and abide by the Code of Practice and its implications.

8. Members having ownership of stock, undertake to carry out random consignment inspections in respect of both imported and locally purchased products in order to verify that all product markings and descriptions accord with the requirements of the Code of Practice.

9. Where Members knowingly contravene any part of the Code of Practice, the NPPD will invoke the TTF Code of Conduct Complaints Procedure.  All Members agree to abide by the current TTF Code of Conduct Complaints Procedure.

10. For specific clarification on adherence to the Panel Products Code of Practice, please refer to the attached ‘Supplementary Guidelines – Structural Panels’, otherwise please contact the Timber Trade Federation.

TTF Panel Products Code of Practice
Supplementary Guidelines - Structural Panels

CE Marking

There may be much debate about what the Construction Products Directive (CPD) actually imposes as requirements on the supply chain, particularly in the UK where there is currently no mandatory requirement to CE mark.  However, there are two clear facts:

a. Compliance with the CPD and CE Marking requires that anyone who handles or distributes a wood-based panel product must be in a position to demonstrate its ‘fitness for purpose’ in the construction environment.

b. Under the terms of the CPD, distributors, merchants and other such expert suppliers have a legal obligation to supply a product that is suitable for the communicated intended end-use.

Therefore, the simplest and most effective way of supplying a wood-based panel product, suitable for structural use, is to require compliance with BS EN 13986.  However, this is not simply a matter of looking at a mark on the panel, nor holding a copy of a Notified Body Certificate of Conformity provided by the supplier.  In order to comply with a. and b. above, each distributor or merchant must hold, or be fully confident they could provide if required, the relevant Initial Type Testing (ITT) relating to each and every product sold as ‘structural’.

Plywood – Glue Bond

The term ‘WBP’ can only be achieved using a phenol-based resin and the panel must have undergone the testing requirements of the withdrawn BS 6566, Part 8.  Therefore, any panel containing a non-phenol resin, or which includes a mixed glue line cannot be described as ‘WBP’.

CE Marking does not recognise the term ‘WBP’, and simply using a phenol-based resin does not automatically qualify a plywood for any CE glue bond classification.  All plywood for structural applications must have undergone glue bond testing in its final lay-up according to BS EN 314.  Variation of resin mix or application of additional face veneers would invalidate this testing.  BS EN 314 testing determines which end-use Service Class from BS EN 636 the plywood may be suitable for:

EN 636-1       dry
EN 636-2       humid
EN 636-3       exterior

Biological durability of veneer species will influence life expectancy of plywood, but at the present time this is not a production consideration.  The decision of correct product rests with the designer who is advised to use the guidance in BS EN 335.

BS EN 13986 states that where formaldehyde-containing materials, particularly amino plastic resins, have been added to the product as part of the production process, the product shall be tested and classified into one of two classes:  E1 or E2.

The Standard requires the testing and declaration of formaldehyde emission class for all wood-based panels in construction.  The only exception to the testing requirement is plywood using phenolic resin throughout, which is permitted to declare Class E1 without testing.  Plywood comprising any other type of resin or mixed gluelines, for instance when additional face veneers are applied, must be tested or re-tested to determine its correct formaldehyde emission class.

Plywood – Structural Performance

A 2+ Certificate of Conformity from a Notified Body simply implies a plywood has been manufactured in a factory production control environment capable of producing structural panels.  It gives no indication of the load individual panels are capable of carrying and, on its own, does not demonstrate fitness for purpose nor suitability for approved structural use.

BS 5268, Part 2, gives Structural Performance data only for the specific types of plywood listed in the appropriate tables.  The supplier, normally within the Initial Type Testing data, must provide Structural Performance data for all other plywood claiming structural status.  Variation of resin mix or application of additional face veneers would invalidate this testing.

Claims that structural plywood is equivalent to those listed in BS 5268, Part 2, means simply that structural properties have been tested in a similar way.  However, the supplier must still provide the actual third-party results of structural testing performed on their products.

Plywood – Face Quality

The CE marking system does not recognise the face quality terms in the withdrawn standard BS 6566, Part 6, such as ‘BB/CC’, and therefore simply using one of these terms does not automatically qualify a plywood for any performance classification.  Furthermore, within the CE marking criteria, quality of veneers used internally or on the face is not a defined requirement.  However, initial type testing of structural performance would require a definition of the quality of veneers used, even if this was only in terms of density.

Notwithstanding CE marking, Members may describe their products using the face quality terms in the withdrawn standard BS 6566, Part 6, if they so choose.  However, panels which are fall-down grades should always be described as such to prevent mis-representation of the product.

The European standards describing face quality of plywood are BS EN 635, Part 2 for Hardwoods and Part 3 for Softwoods.

Other Wood-Based Panels

Unlike plywood, most wood-based panel products for structural application have tightly defined technical classes which should provide all the information necessary to correctly specify the product.  The appropriate standards are listed below, and the descriptions used throughout the supply chain should always define a specific technical class, rather than simply using the generic name of the product, e.g., OSB.

Particleboard panels to meet BS EN 312
P4       load-bearing, dry
P5       load-bearing, humid
P6       heavy-duty load-bearing, dry
P7       heavy-duty load-bearing, humid

OSB panels to meet BS EN 300
OSB/2       load-bearing, dry
OSB/3       load-bearing, humid
OSB/4       heavy-duty load-bearing, humid

Hardboard panels to meet BS EN 622-2
HB.LA            load-bearing, dry
HB.HLA1       load-bearing, humid
HB.HLA2       heavy-duty load-bearing, humid

Medium Board panels to meet BS EN 622-3
MBH.LA1           load-bearing, dry
MBH.LA2           heavy-duty load-bearing, dry
MBH.HLS1       * load-bearing, humid
MBH.HLS2       * heavy-duty load-bearing, humid

Softboard panels to meet BS EN 622-4
SB.LS          * load-bearing, dry
SB.HLS       * load-bearing, humid

Dry Process Boards (MDF) panels to meet BS EN 622-5
MDF               general purpose, dry
MDF.H           general purpose, humid
MDF.LA          load-bearing, dry
MDF.HLS       * load-bearing, humid

* Fibreboards suitable only for structural applications where there are instantaneous or short-term loads only.  The “S” in the type classification indicates this.

Solid Wood panels to meet BS EN 13353
SWP/1       dry conditions
SWP/2       humid conditions
SWP/3       exterior conditions

Bibliography
Note: The latest available versions of all Standards referred to apply

BS EN 300       Oriented Strand Board (OSB).  Definitions, Classification And Specifications

BS EN 312       Particleboards.  Specifications

BS EN 314       Plywood.  Bonding Quality
              -1         Test Methods
              -2         Requirements

BS EN 335       Hazard Classes Of Wood and Wood-Based Products Against Biological Attack
              -1         Classification of Hazard Classes
              -2         Guide to The Application of Hazard Classes To Solid Wood
              -3         Application to Wood-Based Panels

BS EN 622       Fibreboards.  Specifications
              -2         Requirements for Hardboards
              -3         Requirements for Medium Boards
              -4         Requirements for Softboards
              -5         Requirements for Dry Process Boards (MDF

BS EN 635       Plywood.  Classification By Surface Appearance
              -2         Hardwoods
              -3         Softwoods

BS EN 636       Plywood.  Specifications

BS 5268       Structural Use Of Timber
              -2     Code Of Practice For Permissible Stress Design, Materials and Workmanship

BS EN 13353       Solid Wood Panels (SWP).  Requirements

BS EN 13986       Wood-Based Panels For Use In Construction.  Characteristics, Evaluation Of Conformity And Marking

Withdrawn

BS 6566       Plywood

Part 6       Specification For Limits Of Defects For The Classification Of Plywood By Appearance

Part 8       Specification For Bond Performance Of Veneer Plywood

TTF Softwood Code of Practice 

All TTF Members dealing in softwood and associated products are required to adopt and comply with this Code of Practice for use as a public and promotional document forming an integral part of the TTF Code of Conduct.

Its aim is to assist Members in the promotion of their company’s efforts to correctly supply accurately marked and labelled products and to ensure the exposure of those known to be breaching the code as a result of wilful product mis-labelling or mis-marking.

This code will apply to all softwood products of any dimension and is binding to all TTF Members dealing in such goods.

Every effort will be made to ensure that products supplied will be correctly marked.  Pack markings must correctly and accurately represent the timber which they contain, in terms of quality, dimension or structural grade.  End stamps where they are applied should reflect the shippers normal published marking scheme.

Structural grade stamps where applied must comply with the marking requirements of BS EN 518 for Visual Grading, and BS EN 519 for Machine Grading, until such time as they are superseded by the marking requirements of the new harmonised Standard EN 14081.  This should include the application of a Wet or Dry mark to correctly represent the moisture content at the time when the Strength Grading took place and the stamp was applied.  These requirements shall be incorporated in all supply contracts.

Where products are offered as made to BS or BS EN standards, or the recognized standards of other producing nations, Members will ensure that all the specification requirements of these standards are adhered to.  In instances where no contractual reference is made to any specified standard, or specific agreement between the parties, the dimensional tolerances of the product will be as per BS EN 336 for Structural Softwood, BS EN 1313, Part 1, for Sawn and Processed Softwoods, and BS 1297 for Tongued and Grooved Softwood Flooring.  Furthermore, where preservative treatments are required, Members shall adhere to the guidance provided within BS 1282 for the choice, use and application of wood preservatives.

No Member shall require any producer or seller to supply any product deliberately mis-marked or unmarked, which may give a false impression of the grade, structural grade or origin of the goods in question.

No Member will mis-describe any softwood product offered for sale, in terms of dimension, quality or structural grade.  This includes where structural timber is supplied that all reasonable efforts are made to identify constructional end uses and to ensure in such circumstances the material supplied complies with the moisture content requirements laid down in BS 4978 for Visual Strength Grading and the UK National Annex of BS EN 519 for Machine Strength Grading, until such time as this latter Standard is replaced by the new harmonised Standard EN 14081.

No Member will alter or deface any manufacturer’s product or packing marks with the intention of misrepresenting the product’s grade or description.  Where Members receive goods that they have reason to believe have been altered or defaced they undertake to inform the National Softwood Division (“NSD”) of the supplier involved via the TTF Code of Conduct Complaints Procedure.

In cases where Members believe a breach of the Code has been committed as a result of product misrepresentation it is agreed that this must be reported to the appropriate government or legal authorities.  They also undertake to inform the TTF via the TTF Code of Conduct Complaints Procedure of the allegation, and to co-operate fully in any subsequent investigation and any resulting complaints proceedings.

Members undertake to ensure that all relevant personnel employed by them will be conversant with and abide by the appropriate Codes of Practice and their implications.

Members having ownership of stock undertake to carry out random consignment inspections in respect of both imported and locally purchased products in order to verify that all product markings and descriptions accord with the requirements of the Code of Practice.

Where Members knowingly contravene any part of the Code of Practice, the NSD will invoke the TTF Code of Conduct Complaints Procedure.  All Members agree to abide by the current TTF Code of Conduct Complaints Procedure.

Environmental Code of Practice

All TTF Members are required to adopt and comply with this Code of Practice for use as a public and promotional document forming an integral part of the TTF Code of Conduct.  Its aim is to provide a generic set of commitments to ensure that companies are taking all possible steps to minimize their impact on the environment and source their timber products responsibly.

This code is binding on all TTF Members.

1. Members are committed to sourcing their timber and timber products from legal and well-managed forests.  Members unreservedly condemn illegal logging practices and commit themselves to working with suppliers and other stakeholders to eliminate them.
2. Members recognize that the independent certification of forests and the process chain is the most useful tool in providing assurances that the timber they deal in comes from legal and sell-managed forests.
3. Members recognise that when dealing with some countries where governance is weak and the risk of dealing in illegally logged or traded timber is high, credible evidence to demonstrate legality is necessary.  The TTF will draw such cases to members’ attention and produce guidance documents as to what evidence should be obtained.  Members should note the level of evidence required is directly proportional to the level of risk and members must demonstrate due diligence through a risk assessment process.  A good example of such a process is the TTF Responsible Purchasing Policy – a useful risk management tool that also encourages continual improvement towards sustainable forest practices.  A failure to follow TTF guidance may invoke the Complaints Procedure.
4. Members will avoid misleading and unsubstantiated claims in relation to wood products supplies.
5. Members will make every reasonable effort to minimise the environmental impact of company activities in other ways including:
   
   • By ensuring the efficient use of energy
   • Minimising waste and utilising residues.
     
     
6. Members undertake to ensure that all relevant personnel employed by them will be conversant with and abide by the Code of Practice and its implications.
7. Where Members knowingly contravene any part of the Code of Practice the TTF will invoke the Code of Conduct Complaints procedure and Members agree to abide by the current TTF Code of Conduct Complaints Procedure.
   
   
   Note – In considering the risks associated in dealing with a particular country and evidence required the TTF will consult the commodity divisions, external stakeholders and credible published information.

Timber Trade Federation’s Complaints Procedures

1. General Application

1.1 The following provisions and procedures shall apply to all complaints made by complainants.

2. Members Internal Procedure

2.1 Members shall institute a complaints procedure as provided in paragraph 8.11 of the Code and shall:-

2.1.1 deal promptly and at an appropriate level with complaints;

2.1.2 advise customers on enquiry that they have a complaints procedure and provide appropriate advice to customers on how to make a complaint;

2.1.3 what further measures or procedures are available to such complainant if the customer is not satisfied with the way in which the complaint has been dealt with by the Member.

3. Federation Procedures

3.1 Upon receipt by the Federation of a complaint the Federation shall in the first instance refer the complaint to the Chief Executive Officer of the Member for consideration.

3.2 These procedures shall also cover suspected breaches of the Code which have been brought to the Federation’s attention, but which are not subject to a formal complaint under the complaints procedures, and so long as the Governing Board deems them worthy of further investigation.

3.3   Subject to the consent of Governing Board where the complaint cannot be resolved by conciliation the Federation shall appoint a suitably qualified independent investigator to prepare a factual report based on the evidence of both parties.

3.4 If the complainant is a person, firm or company engaged in the timber trade or is a Member then it shall lodge a deposit of £500 with the Federation prior to the investigation commencing.  Such deposit shall be refundable only where a breach of the Code is subsequently adjudged to have occurred.  No deposit shall be required in respect of complaints made by any other party.

3.5 The Member and the complainant shall co-operate with the investigator and shall without limitation and in a timely manner provide such evidence as is in their possession or under their control to the investigator.

4. The Investigator’s Report

4.1 The investigator shall as soon as practicable and in any event within 28 days or such longer period as the complainant and the Member may agree submit a written report on evidence gathered by him/her to the Compliance Panel.

4.2  If agreed between the parties, the investigator may fulfil the role  of the Arbitrator set in clause 6 below.

5. The Compliance Panel

5.1 The Compliance Panel shall comprise of an independent Arbitrator appointed by the President or a Vice-President of the Chartered Institute of Arbitrators (“CIArb”).

5.2 The CIArb may appoint a substitute Arbitrator, in the event of the Arbitrator resigning, dying or otherwise becoming incapacitated, or for any reason being unable to attend competently and/or expeditiously to his duties.

5.3 Once appointed the Arbitrator will communicate with or issue directions to the Parties direct.  Correspondence with the Arbitrator must be copied to all Parties.

6. Powers of the Arbitrator

6.1 The Arbitrator shall have the jurisdiction and power to direct the arbitration in terms of Section 34 of the Arbitration Act, 1996. The Arbitrator shall also have the power to:

6.1.1  allow submission of further evidence;

6.1.2  order the Parties to produce goods, documents or property for inspection;

6.1.3  conduct such enquiries as may appear to the Arbitrator to be desirable;

6.1.4 receive and take into account any oral or written evidence as the Arbitrator shall decide to be relevant;

6.1.5 appoint an expert to report on specific issues or take legal advice;

6.1.6 award interest whether or not claimed;

6.1.7 continue with the arbitration if either Party fails to  comply with these Rules or with the Arbitrator’s  directions, or if either Party fails to attend any meeting or  inspection ordered by the Arbitrator but only after giving  that Party written notice;

6.1.8 terminate the arbitration if the Arbitrator considers the case to be incapable of resolution under the procedure;

6.1.9 if the Parties settle their dispute prior to a decision they must immediately inform the CIArb in writing of the terms  of the settlement and the Arbitrator shall record them in a Consent Award enforceable under the Arbitration Act, 1996.

6.2  In addition to the powers conferred by these Rules, the Arbitrator shall have the widest discretion permitted by law to resolve the dispute in relation to a possible breach of the TTF Code of Conduct in a fair, just, speedy, economical and final manner in accordance with natural justice.

7. Arbitration Procedure

7.1 The arbitration will proceed on the basis of written argument only, and shall contain the evidence and submissions previously gathered by the independent investigator.

7.2 Each party will be given the opportunity to comment upon the evidence and submissions, in writing, but under no circumstances is the case to be re-opened by the Arbitrator.

7.3 Subject to the provisions of Paragraph 8.2, the Arbitrator shall  make a decision as to whether and to what extent the complaint  is upheld and shall further recommend to Governing Board any  sanction that should be applied to the Member complained of.

7.4 Unless otherwise directed, any amount awarded shall be paid within 21 days of dispatch of the decision to the Parties.  Such payments shall be made directly to the Party entitled to receive it.

7.5 The Arbitrator is not liable for anything done or omitted in the discharge or purported discharge of his functions as Arbitrator unless the act or omission is shown to have been in bad faith.

8. Decisions

8.1 Any Decision will be in writing, dated, and signed by the Arbitrator, and will contain sufficient reasons to show why the Arbitrator has reached the decisions contained in it, unless the Parties otherwise agree or the Decision is by consent. The Arbitrator will have 42 days from the receipt of all relevant case papers to determine the dispute.

8.2 Where the parties so agree the decision and sanction recommended by the Arbitrator shall be binding on the parties.

8.3  Any recommendation of the Arbitrator shall be considered at the earliest opportunity by the Governing Board of the Federation  which will either accept, reject or amend the recommendation.

8.4 The decision of the Governing shall be communicated in writing  to the parties within 7 days from the date of the meeting at which  the decision was made.

8.5 The decision of the Governing Board shall be final, save that in  the case of expulsion from membership of the Federation the  Member shall have the right to appeal the decision. Any such appeal must be made in writing to the Federation within 28 days  from the date of the notification of the decision to the parties.

8.6 An appeal shall be heard by the Governing Board at the first  meeting of the Board following receipt of the notice of appeal. The appellant or a representative of the appellant shall have the right to appear in person before then Board to state the reasons why the appeal is being made.

8.7 The Board shall consider the appeal and determine whether to  uphold or reject the appeal. The decision of the Board will be  communicated to the appellant in writing within seven days if the date of the meeting at which the appeal was heard.

8.8 Any decision to expel shall be effective immediately following the period allowed for an appeal or as the case may be seven days following a meeting of the Governing Board at which an appeal against expulsion has been rejected.

9. Costs

9.1 The Arbitrator in his Decision will deal with the costs of the arbitration, which will cover the Arbitrator’s fees and expenses, and the legal or other costs of the Parties.

9.2 The costs of the arbitration as far as the Institute and the Arbitrator are concerned, are in accordance with the table below. In addition, the Arbitrator in his Decision will deal with the Parties’ own costs:

9.3 The general principle is that the losing Party will pay costs, although the Arbitrator has an overriding discretion to decide whether or not to apportion the costs of the arbitration in some other manner.  In any exercise of his discretion the Arbitrator will have regard to all the material circumstances, including such of the following as may be relevant: -

9.3.1 Which (if any) of the issues raised in the arbitration has led to the incurring of substantial costs and which Party succeeded in respect of such issues;

9.3.2 Whether any claim which succeeded was unreasonably exaggerated;

9.3.3 The conduct of the Party which succeeded with any claim(s) and any concession(s) made by the other Party;

9.3.4 The degree of success of each Party;

9.3.5 Any admissible evidence of any offer or settlement or compromise made by any Party.

10. General

10.1 The Arbitrator will establish and record the addresses telephone and fax numbers and e-mail addresses of each Party and their respective representatives.

10.2 Periods of time will be reckoned as provided in section 78 of the  Act.

10.3 The Parties will inform the Arbitrator promptly of any agreed settlement or compromise, and section 51 of the Act will then apply thereto.

10.4 The Parties will inform the Arbitrator promptly of any proposed application to the court and will provide him with copies of all documentation intended to be used in any such application.

10.5 Where not expressly addressed by the contract, the national law will apply unless the Parties otherwise agree.

10.6 Neither the Institute nor the Arbitrator can enter into any correspondence regarding an Award issued under this Scheme.

10.7 Neither the Institute nor the Arbitrator shall be liable to any Party for any act or omission in connection with the arbitration conducted under these Rules.