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1. GENERAL
Contracts and orders are accepted only subject to our Terms and Conditions of
Business as set out herein and the client shall be bound by such conditions.
No modification of these conditions or the particulars contained in our
acceptance will be recognised by us unless expressly accepted by us in
writing. Unless so agreed any qualification thereof or difference contained
in the client’s own order forms shall be inapplicable.
2. DEFAMATORY OR ILLEGAL MATERIAL
(a) Any order for mailing a client’s material is accepted subject to the
client’s express warranty that such material does not contain anything which
constitutes an infringement of copyright or is defamatory or illegal and that
we shall be indemnified by the client in respect of any proceedings, claims
or demands arising out of or in connection with anything contained therein constituting
an infringement of copyright or being defamatory or illegal. Notwithstanding
the acceptance by us of any order we reserve the right in our sole discretion
to refuse to mail or deliver any material which in our opinion may constitute
an infringement of copyright or be defamatory or obscene, or the distribution
of which may, in our opinion be contrary to law , civil or criminal, or the
Royal Mail regulations.
(b) Direct Mail Accreditation and Recognition Centre. As an agency recognised
by the DMARC, we have an obligation to uphold at all times, in letter and
spirit, the British Code of Advertising Practice. Our acceptance of work from
clients is based upon the understanding that they too undertake to work
within the normally accepted codes of conduct for the advertising industry,
including in particular the British Code of Advertising Practice, the British
Code of Sales Promotion Practice and the Advertising Association’s
Recommended Standards of Practice in List and Database Management.
3. ACCURACY
(a) Accuracy of information relative to names and addresses on our lists or
the extent to which mailings are or can be of a personalised nature is in
direct correlation to the sources from which such information is obtained. It
is dependent on various factors such as publication errors, self-descriptions
and human error on records. In the circumstances, we cannot give any
guarantee in respect of these matters although, in general, a high percentage
factor of accuracy is usually achieved.
(b) We give no warranty, representation or assurance that any mailing whether
ordered by a client or based on suggestions by ourselves can or will produce
any response or particular result and accordingly each client must satisfy
himself and rely on his own opinion or judgment that the scope and extent of
any mailing will suit his purpose.
4. COPYRIGHT
We retain all copyright in lists of names and addresses and in other
information relating thereto supplied by us and accordingly the client shall
not reproduce or transmit the same in any form or by any means or use or
permit the same to be used other than for the purposes of the original order.
Lists supplied are on a “one time use” only.
5. COLLECTION AND DELIVERIES
These are not included in our quotations and will be charged additionally.
Where material is delivered by a carrier, such carrier is deemed to be the
agent of the client and we accept no responsibility for loss or delay once
material has left our premises.
6. COST VARIATION
Quotations are based upon the current costs of production and are subject to
amendment on or at any time after acceptance to meet any rise in such costs.
7. DELAYS, CONSEQUENTIAL LOSS ETC.
(a) Every effort is made to keep to stated delivery or mailing dates, but we
reserve the right to make variations should circumstances or causes arise
which are outside our control
(b) Should expedited delivery be required, thus necessitating overtime or
other additional costs, extra charges over and above the quoted price will be
made.
(c) In no circumstances shall we be liable for consequential loss. Time is
not to be considered the essence of the contract unless otherwise agreed by
us in writing after the full consequences resulting from anticipation of
delay are revealed to us prior to contract.
(d) Although every effort will be made to carry our contracts entered into,
performance is subject to cancellation, or to such variation as may be
necessary consequent upon our inability to secure labour, materials and
supplies as a result of any act of God, war, strike, lock-out or cause beyond
our control.
8. ROYAL MAIL, POSTAGE ETC.
(a) Any postage or other similar costs referred only to in this quotation are
estimates and payment must be remitted to us immediately after our invoice to
the client and in any event received by us not less that 72 hours before the
mailing date as notified to the client. Such invoice shall be for an amount
which we consider to be as near as practicable to the actual amount of the
postage or other similar costs to be incurred by us on behalf of the client
and we reserve the right to charge to the client any variation in such costs
occurring between the date of this quotation and the date of such invoice. A
supplementary invoice may be rendered in respect of any difference between
the actual amount of such cost and the amount charged by any such previous
invoice. No liability is accepted for any delay in posting caused either
through failure to send a postage requisition or for non-receipt of postage
money or for any other reason.
(b) Information regarding postal regulations will be provided on request, but
no responsibility can be accepted for their accuracy and clients are
requested to check the postal rates and admissibility of the mailing items
with their own Royal Mail Office.
(c) No responsibility is accepted for post once it has been delivered to or
been accepted by Royal Mail or our agents.
9. CLIENTS’ STATIONERY AND LISTS
(a) Although all reasonable care is taken we are not liable for any claims
whether direct, indirect or consequential arising out of any loss or damage
to clients’ stationery, lists, printed matter or any other property entrusted
to us by clients. Insurance cover can be arranged at client’s request.
(b) Adequate supplies of matter to be handled are necessary to allow for possible
spoilage. Deliveries cannot be counted item by item. If shortages are found
at the time of mailing, the client will be advised at once, but we cannot be
held responsible for the shortage or for the subsequent delay in mailout,
although we guarantee full co-operation to find a solution if a problem
should arise.
(c) Material surplus after a mailout or despatch will be destroyed after 30
days unless written disposal instructions are received to the contrary.
Appropriate rent will be charged for storage and disposal if applicable.
10. PRINTING
(a) Corrections on or after the first proof, including alterations in style,
will be charged extra. In those cases where proofs of work are submitted for
approval, responsibility will not be accepted for error in proofs passed by
client. Every endeavour will be made to deliver the correct quantity of print
and work, but a margin of 5% to be allowed for excess or shortage, the same
to be charged or deducted.
(b) Photosetting, flat artwork or disks, and lithographical plates and
negatives or other work effaced immediately after the order is executed, may
be destroyed unless other arrangements are made or confirmed in writing.
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