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10-01-2019
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Group Membership Admin
Gloucestershire & Worcestershire 4x4 Response
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Join Date: Feb 2011
Location: Kempsford, Gloucestershire
National Callsign: GW43
Amateur Radio Callsign: M6JJG
Posts: 107
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MoU's v Contracts
Hi all,
A general question :- do any of you have 'Contracts' in place with any of your 'users' as opposed to MoU's.
We have been asked to enter into a Contract with one of our users which I am nervous about.
Any 'legal eagles' out there who could give some pointers?
Cheers,
Jerry G
GW43
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10-01-2019
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Group Management
Cumbria 4x4 Response
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Join Date: Feb 2012
Location: Carlisle
National Callsign: CU040
Amateur Radio Callsign: M6YJD
Posts: 496
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Never enter into a "contract" as it then legally obliges you to provide such a service. As the nature of 4x4R cannot be provision of guaranteed service (be it due to responder availability or demand) you don't want to be in the firing line.
__________________
Duncan Sanders
Cumbria 4x4 Response.
Location: Carlisle
Vehicle: Defender 110 Tdci USW
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10-01-2019
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Group Membership Admin
Highlands 4x4 Response
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Join Date: Nov 2013
Location: Evanton, Highland
National Callsign: HI22
Amateur Radio Callsign: MM3ZSR
Posts: 744
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What Duncan said....
__________________
Warren Dukes
My comments and opinions are all my own work and not those of my group - unless otherwise stated.
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11-01-2019
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Responder
Sussex 4x4 Response
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Join Date: Jan 2011
Location: Crowborough, East Sussex.
National Callsign: SX033
Amateur Radio Callsign: G4OTV
Posts: 313
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Yes, it's very important that you do not commit yourself to something that you may not be able to do (such as provide a defined level of service). It works both ways ie the user is not obliged to call on your services but, if it does, then you are not legally bound to respond. It usually works on a "best effort" basis.
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11-01-2019
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Group Membership Admin
MROC 4x4 Response
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Join Date: Feb 2011
Location: Solihull
National Callsign: MR01
Posts: 125
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Ditto the other replies Jerry. We have several User Services but no contracts. In fact we don't even have any MOU's but that is their choice not ours.
We have previously twice been asked to enter into contracts, both times by sections of the NHS, but declined. They expected a defined number of vehicles as and when they wanted and when they thought necessary.
I agree with the others, don't tie your group to any contract as it could easily backfire.
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23-01-2019
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Responder
Herefordshire 4x4 Response
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Join Date: May 2011
Location: Hereford
Posts: 37
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On the topic of MOU's does anyone have one currently in place with their local Police force and SAR team? Would you be willing to send it over so we can have a look in anticipation of preparing our own?
Many Thanks,
Steve HE01
__________________
Chairman of Herefordshire 4x4 Response
Director of Raptor 4x4 (Shameless plug!)
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All views and opinions expressed are my own and not that of any organisations I belong to.
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23-01-2019
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Responder
Leicestershire 4x4 Response
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Join Date: Jul 2017
Location: Leicestershire
National Callsign: LE63
Posts: 134
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As above really, if anyone has any MOU's with their local SAR group that they are willing to share then it would be much appreciated. We are hoping to get a MOU set up with ours and seeing what other groups have existing arrangements then it would be useful. Thank you.
__________________
Gareth LE63
Assistant Welfare Manager & Assistant Communication Manager
Leicestershire & Rutland 4x4 Response
All views expressed are personal opinion and do not represent those of the group.
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30-01-2019
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Former
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Join Date: Aug 2008
Location: Bishop Auckland
Amateur Radio Callsign: 2E0HYR
Posts: 2,438
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Also only those groups who are CIO's or Ltd Co's can enter into any contract anyway as they are legal entities all the others are not, not even charities.
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04-02-2019
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Responder
Sussex 4x4 Response
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Join Date: Jan 2011
Location: Crowborough, East Sussex.
National Callsign: SX033
Amateur Radio Callsign: G4OTV
Posts: 313
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I don't believe that's strictly true. An unincorporated organisation can enter into a contract but all its members will be jointly and severally liable for all of its debts. Generally speaking, membership of unincorporated bodies is best avoided.
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04-02-2019
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Group Membership Admin
Gloucestershire & Worcestershire 4x4 Response
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Join Date: Feb 2011
Location: Kempsford, Gloucestershire
National Callsign: GW43
Amateur Radio Callsign: M6JJG
Posts: 107
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Well, another subject where there appears to be differences of opinion!
But apart from the Legal issues, I mailed our National Trustees a week or so ago asking what, if any, was 4x4R UK's policy on this subject, and whether NHS in particular, were approaching other Teams to enter into contracts? This would appear to be a matter where a national approach might be appropriate and in all Teams interest. But I'm afraid I haven't had a reply from our Trustees ....!!
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