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. CODES OF PRACTICE AND INDEMNITIES
The Client shall: (a) provide a true copy of all advertising material or other material intended to be enclosed with any material prepared by us.
(b) ensure that all data, information or materials provided by it complies with all applicable statutory requirements and with the codes of practice of the appropriate supervisory bodies including, but not limited to, the British Codes of Advertising and Sales Promotion (BCASP); and the Direct Marketing Association’s Code of Practice;The Client shall indemnify us against all cost, claims, liabilities, penalties and expenses which we may incur by reason of its’ works being illegal, unlawful, infringing any copyright, trademark or other intellectual or other proprietary rights of any third party or is defamatory, obscene or the distribution of which may infringe postal or other regulations or which is in breach of any trade description or other legislation.
We have the right upon request from the body administering the Quality Standard in Mail Production (QMP) or any successor accreditation scheme, to supply that body with samples of any mailings relating to the contract.
3. DATA PROTECTION – PROVISION OF COMPUTER DATA AND ACCURACY
(a) The processing of personal data
We represent, warrant and undertake to the Client that we will process any personal data (as defined in the Data Protection Act 1998) solely for the purposes of this contract and for no other purpose.
We represent, warrant and undertake to the Client that we have in place appropriate technical and organisational measures against accidental or unlawful destruction or loss of alteration to, unauthorised disclosure of or unauthorised access to any personal data.
We will ensure that all of our employees, agents and subcontractors are made aware of their obligations with regard to the security and protection of personal data and shall require that they enter into binding obligations reflecting the provisions of this clause.
(b) Auditing of security measures
We will, when requested to do so by the Client, submit our data processing facilities, data files and relevant documentation to auditing by the Client and shall comply with all reasonable requests from the Client to enable us to comply with any and all of our obligations under the Act.
Upon the completion or termination of the contract the Client shall provide instructions for the return or destruction of personal data.
(c) Provision of computer data
The Client shall ensure that any computer data supplied to us is clean, unadulterated, capable of being read and processed and does not contain any computer viruses. In the event of the computer data supplied being corrupt, we will either require the Client to supply clean unadulterated data which does not contain any computer viruses or decontaminate the data itself but at the Client’s expense. Any additional computer work will be charged.
The Client shall ensure that all data supplied is completely unambiguous with regard to the format. A specification of the formats of the data supplied must be provided in writing.
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 themselves and rely on their own opinion or judgment that the scope and extent of any mailing will suit their purpose.
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 unless otherwise specified in writing.
5. COLLECTIONS AND DELIVERIES BY OUR TRANSPORT
These are not included in our quotations and will be charged additionally. Where material is delivered by a private carrier at your request 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.
A quotation is based on information available to us at the date of the quotation and is subject to sight of materials, their suitability and any artwork to be supplied to us by the Client.
Quotations are valid for a period of 30 days and are for the whole of the goods or services to which the quotation relates. We may extend the period for consideration of our quotation at our discretion and may refuse to accept any order for goods and services, which constitute only a part of the quotation unless the initial specification requested separate quotations for separate elements of the order. A quotation is based on current costs where materials are supplied e.g manufacturers’ increases on envelope supply will be passed on.
All orders must be in writing. No contract shall exist between the Client and us where we reject the order.
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 quotation 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 the contract.
(d) Although every effort will be made to carry out 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. POST OFFICE, 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 than 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 Postal Authority.
(c) No responsibility is accepted for post once it has been accepted by Royal Mail or our agents.
9. ORDER, SUPPLY AND DELIVERY OF MATERIALS
(a) The Clients shall be responsible for ensuring that the materials supplied conforms to the specifications outlined in the quotation and sufficient quantities of the materials involved are delivered by the date agreed to meet the mailing date, and that the deliveries are accompanied by a delivery advice note stating the quantity and description of the materials supplied. Deliveries are only accepted boxed on pallets or boxed separately and supplied in such a way as to withstand normal handling and storage.
(b) We will count the number of pallets or boxes supplied against the delivery advice note and will report any discrepancy to the Client. We will not be responsible to check individual contents of pallets or boxes or for any loss arising from errors or omissions in the goods supplied. 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) All materials supplied by or on behalf of the Client are at the Clients’ risk whilst on our premises or in transit to our premises. The Client is responsible for arranging adequate insurance cover for such materials held short or long term.
(d) 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, data, printed matter or any other property entrusted to us by Clients.
(e) 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.
10. LITHO PRINTING AND ENVELOPE OVERPRINTING
(a) Corrections on or after first proof, including alterations in style, will be charged extra to the original quotation. In those cases where proofs of work are submitted for approval, responsibility will not be accepted for error after proofs are passed by the Client. Every endeavour will be made to deliver the correct quantity of Litho print and envelopes but a margin of 5% is to be allowed for excess or shortage, the same to be charged or deducted on final invoice.
(b) Original Artwork, Photosetting , lithographical plates and negatives may be destroyed immediately after the order is executed, unless other arrangements are made or confirmed with the Client.
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