Traders

The Glazing Arbitration Scheme (TGAS) provides an independent and affordable means to resolve disputes between TGAS traders and their customers; reaching a fair and impartial decision

The TGAS scheme removes the cost, damage to reputation and aggravation of a court battle if disputes do arise, and offers further peace-of-mind to home owners.

TGAS traders demonstrate their compliance with the EU ADR Directive, offering ADR (Alternative Dispute Resolution). TGAS is operated independently by a Chartered Trading Standards Institute certified ADR body, the Centre for Effective Dispute Resolution (CEDR).

FAQ's

When you become a TGAS registered trader you are displaying confidence to your consumers that, in the unlikely event that you come to an impasse when dealing with a complaint by them, the dispute can be referred to a well-established ADR body, the Centre for Effective Dispute Resolution (CEDR).

It is also a simple method of complying with the legislation known as the EU ADR Directive.

You may also display the TGAS logo. If you are a GGF Member company you can download this from the Members’ Media Hub of the GGF website; if you are a FENSA firm you can obtain the logo when opting in to TGAS by emailing tgas@fensa.org.uk.

It demonstrates your firm’s commitment to high quality customer satisfaction, which stands you out from your competitors who do not embrace and offer ADR as part of their customer service commitment.

TGAS is the primary independent ADR Scheme for the glass and glazing industry (plus other related home improvements), which has been designed in collaboration with CEDR to provide a scheme that is fair and impartial and also understands the industry through an ongoing programme of collaboration between GGF, FENSA and CEDR.

It is free to join the scheme. GGF Member companies who sell to consumers are automatically members of TGAS from being a member of the GGF (Glass and Glazing Federation) and complying with GGF Consumer Code of Practice. FENSA registered firms may become a registered trader free of charge by opting in to the scheme. FENSA firms should email tgas@fensa.org.uk in order to opt in.

The Scheme is usually cheaper and quicker than referring a dispute to court.

The scheme is low-cost for the consumer, with £100 + VAT to be paid by the consumer and £395 + VAT by the TGAS trader for a “documents only” arbitration.

The arbitrators appointed by CEDR are all professional arbitrators, who have been trained by the Chartered Institute of Arbitrators.

A TGAS trader agrees to:

  • Proceed to arbitration when the Complaints Procedure below has been exhausted. The complaint must have been referred by the consumer to the GGF Conciliation Scheme or the FENSA Complaints Process for at least 56 calendar days before a consumer can take their complaint to arbitration. GGF or FENSA as appropriate will receive the consumer’s completed section of the joint arbitration application form and fee payment, then send it onto the TGAS trader for completion of their section and payment for return to GGF or FENSA. On receipt the completed joint form will be sent onto CEDR for the arbitration to take place under TGAS. Please click here to see a copy of the joint application form.
  • Abide by the Rules of The Glazing Arbitration Scheme.
  • Act in accordance with any award made by the Arbitrator in an arbitration case. This may be an instruction to carry out work, or make a payment of money to the consumer. Usually the award has to be complied with within 20 calendar days of the issue of the award.

Only GGF Member companies and FENSA registered firms can be TGAS registered traders.

It is free to join the scheme. GGF Member companies who sell to consumers are automatically members of TGAS from being a member of the GGF (Glass and Glazing Federation). FENSA registered firms may become a TGAS registered trader free of charge by opting in to the scheme. FENSA firms should email tgas@fensa.org.uk in order to opt in.

The Scheme applies to applications for arbitration made to the Centre for Effective Dispute Resolution (CEDR) in respect of disputes between ‘traders’ (that is, member companies of the Glass & Glazing Federation (“GGF”) or registered firms of the Fenestration Self-Assessment Scheme (“FENSA”)) and their customers. Prior to the institution of arbitration proceedings the Parties must attempt to settle the dispute through GGF’s conciliation procedure (if a GGF member company) or through FENSA’s complaint process (if a FENSA registered firm) for at least 56 calendar days. If the conciliation procedure or complaint process fails to resolve the dispute the Parties may proceed to arbitration.

If a complaint is received by FENSA which relates to non-compliance with Building Regulations, FENSA will take this up directly with the FENSA registered firm and ensure the installation is remedied promptly by the firm so that it does comply. The TGAS arbitration process would then be available for any non-Building Regulations related complaints.

The consumer’s complaint can only be against a TGAS registered trader.

The Scheme does not apply to disputes where:

  • One or either of the Parties has already initiated legal action, unless that legal action is cancelled by agreement:
  • The claim concerns physical injury, illness, nervous shock or their consequences;
  • The claim is frivolous or vexatious;
  • The claim is for compensation in respect of stress, inconvenience or consequential loss;
  • The claim concerns an application for payment of an amount greater than £30,000.

The service is designed for use without the need for legal representation. However, any party may choose to be legally represented, but must do so at their own cost which may not be recovered through the Scheme or any subsequent legal action

If a complaint is received by FENSA which relates to non-compliance with Building Regulations, FENSA will take this up directly with the FENSA registered firm and ensure the installation is remedied promptly by the firm so that it does comply. The TGAS arbitration process would then be available for any non-Building Regulations related complaints.

The Scheme does not apply to disputes where one or either of the Parties has already initiated legal action, unless that legal action is cancelled by agreement.

The TGAS trader must be given the opportunity to address the complaint and provide an answer to the consumer’s concerns. It also gives the TGAS trader a chance to settle the matter without the consumer having to complain to their trade body (GGF or FENSA as appropriate), let alone progressing further to arbitration via TGAS. This is usually the quickest way to resolve a dispute.

When the consumer’s application is received by GGF or FENSA as appropriate, they will send it on to the TGAS trader for them to complete their section of the form and submit their payment. The jointly completed application form and payments are then sent to CEDR, who operate TGAS.

Please click here to see a copy of the joint application form.

On receipt of all forms, fees and evidential documents from both Parties CEDR will appoint an arbitrator and inform the Parties of the arbitrator’s name.

Once appointed, the arbitrator will communicate with or issue directions to the Parties through CEDR. Correspondence with the arbitrator must be copied to all Parties.

The arbitration will proceed on the basis of written argument and evidence, which must be submitted in accordance with the procedure detailed in the Rules of the Scheme.

The arbitrator will make an award with reasons, normally within 20 working days of receipt by CEDR of all the papers required from the parties, after considering all submissions and evidence.

CEDR will send a copy of the award to each party and also to either the GGF or FENSA as appropriate depending on the trade body the TGAS registered trader belongs to.

Any award made under this scheme is final and legally binding on all parties, subject to either party’s right under the provisions of the Arbitration Act to seek leave to appeal.

Any award made under this scheme is final and legally binding on all parties, subject to either party’s right under the provisions of the Arbitration Act to seek leave to appeal in the courts.

The Arbitrator can direct a TGAS trader or the consumer to take a certain course of action to rectify the matter. This might include offering an apology or encouraging the trader to revise their procedures so that future failings are eliminated.

In appropriate circumstances, the Arbitrator may make an award by way of a sum of money to either party, however it is to be noted that the TGAS Scheme does not consider claims for compensation in respect of stress, inconvenience or consequential loss.

Where the arbitrator determines that a GGF member company or FENSA registered firm has failed to comply with the GGF Consumer Code of Practice or FENSA Rules, CEDR will advise the GGF or FENSA as appropriate who will take appropriate action in line with the relevant Code or Rules.

The Arbitrator can make awards up to a limit of £30,000.

If you are awarded a sum of money by the Arbitrator, unless otherwise directed any amount awarded shall be paid within 20 working days of dispatch of the award to the parties. Such payments shall be made direct to the party entitled to receive it. It would therefore be the consumer who would pay you directly any money awarded.

TGAS covers installations undertaken in England, Wales, Scotland and Northern Ireland. The arbitration process itself will be conducted under the laws of England and Wales.

TGAS is for the glass and glazing industry, plus other related home improvements. If the GGF member company or FENSA registered firm install any of the following, they can be covered:-

Glazing Types that can be considered:

  • Windows
  • Doors
  • Conservatories
  • Porches
  • Roofline(fascias & sofits)
  • Roof Windows
  • Garage Windows

Other types that can be considered:

  • Garage Doors
  • Block paved drives
  • Flat roofing
  • Solar PV
  • Solar thermal

When the consumer’s application is received by GGF or FENSA as appropriate, they will send it on to the TGAS registered trader company for them to complete their section of the form and submit their payment within two weeks. The jointly completed application form and payments are then sent to CEDR, who operate TGAS.

If a FENSA firm which has opted in to TGAS does not respond and does not complete the joint application form, then they will be in breach of their TGAS joining agreement and will be subject to suspension and possible ejection from the TGAS scheme.

If a GGF Member company does not respond and does not complete the joint application form, they would be in breach of the GGF Rules and Consumer Code of Practice, and would be subject to discipline and sanctions by the GGF.

Failure to pay the award will result in the case being referred to the GGF or FENSA as appropriate for discipline and sanctions. The consumer will also be able to apply for a court order against the company to enforce the arbitrator’s award.