Terms

Terms and Conditions

  TERMS AND CONDITIONS

Sections

  1. Introduction
  2. Quotations
  3. Order, supply and delivery of materials
  4. Delivery of orders
  5. Force Majeure
  6. Data Protection
  7. Intellectual property
  8. Charges and payment
  9. Codes of practice and indemnities
  10. Provision of computer data
  11. Liability
  12. Termination and cancellation
  13. Agency, partnership and joint ventures
  14. Enforceability
  15. Severability
  16. Entire agreement
  17. Jurisdiction

1 Introduction

These terms and conditions shall apply to any contract between the Mailing House and the Client (which shall mean the person, firm or company placing any order which is accepted by the Mailing House) for the supply of goods (including any instalment or part of them) and services (including any part of them) which the Mailing House is to supply or deliver.

These terms and conditions supersede any of the Mailing House’s previous terms and conditions and any practice or course of dealing previously applying between the Mailing House and the Client.

2 Quotations

A quotation is based on information available to the Mailing House at the date of the quotation and is subject to sight of materials, their suitability and any artwork to be supplied to the Mailing House 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. The Mailing House may extend the period for consideration of its quotation at its 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.

All orders must be in writing. No contract shall exist between the Mailing House and the Client where the Mailing House rejects the order.

3 Order, supply and delivery of materials

3.1 Supply of materials

3.1.1 The Client shall be responsible for ensuring that the materials supplied by it or on its behalf:

(a) conform to specifications in the quotation and Royal Mail requirements;

(b) are supplied punctually;

(c) are accompanied by a delivery advice note stating the quantity and
description of the materials supplied;

(d) are delivered on pallets, boxed, packed and supplied in such a way as to withstand normal storage and handling;

(e) are sufficient to enable the Mailing House to deliver the correct quantity
of any printing or reproductive work ordered allowing for normal wastage
and spoilage.

3.1.2 The Mailing House shall use its reasonable endeavours to provide the Client with
a reasonable estimate of the quantity of printing or reproductive work required.
3.2 Checking materials

The Mailing House shall count the number of pallets containing materials supplied by or on behalf of the Client against any delivery note and shall immediately report any discrepancy to the Client. The Mailing House shall not however be responsible for any loss arising from any errors or omissions in the goods supplied.

The Mailing House shall not be required to check the contents of pallets supplied by or on behalf of the Client.

3.3 Insurance of materials

All materials supplied by or on behalf of the Client are at the Client’s risk whilst on the Mailing House’s premises or in transit to such premises and the Client is responsible for arranging adequate insurance cover for those materials unless arrangements have been made to the contrary.

3.4 Storage of materials

Any of the Client’s materials that remain in the Mailing House’s possession after 14 days from the completion of any order will be subject to storage charges. After 14 days the Mailing House reserves the right to destroy or dispose of all such materials at the Client’s cost.

3.5 Physical delivery of materials

The cost of collection and delivery of the Client’s goods or materials is not included within the quotation and where this is carried out by the Mailing House for the Client it will be charged for as an extra.

4 Delivery of orders

The specified time for delivery, which shall be of the essence, shall be subject to receipt by the Mailing House of all information and materials to enable it to proceed with the contract and to comply with any applicable governmental or other consent.

5 Force Majeure

The Mailing House shall be under no liability if it shall be unable to carry out any of the provisions of the contract for any reason beyond its control including (without limiting the foregoing) Act of God; legislation; war; fire; flood; drought; failure of power supply; lock out; strikes or other action in contemplation of the furtherance of a dispute (but not strikes or other action in contemplation of the furtherance of a dispute taken by the Mailing House’s employees).

During the continuance of a situation of ‘Force Majeure’ the Client may by written notice to the Mailing House terminate the contract and pay for work done and materials used, but subject to this shall otherwise accept delivery when available.

6 Data Protection

  • Our policy is to process personal data in accordance with the applicable data protection laws and rights of individuals as set out below.
  • We will observe the following principles in respect of the processing of personal data:
    • to process personal data fairly and lawfully in line with individuals’ rights;
    • to make sure that any personal data processed for a specific purpose are adequate, relevant and not excessive for that purpose;
    • to keep personal data accurate and up to date;
    • to keep personal data for no longer than is necessary;
    • to keep personal data secure against loss or misuse;
    • not to transfer personal data outside the EEA (which includes the EU countries, Norway, Iceland and Liechtenstein) without adequate protection.
  • We will not knowingly process Personal Data unless:
    • the individual(s) whose details are being processed has consented to this;
    • the processing is necessary to perform our legal obligations or exercise legal rights;
    • the processing is necessary for a contract we have with the individual, or because they have asked you to take specific steps before entering into a contract;
    • the processing is necessary to protect someone’s life;
    • the processing is necessary for you to perform a task in the public interest;
    • the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
  • We will not knowingly process sensitive information unless:
    • the individual whose details are being processed has consented to this;
    • the processing is necessary to carry out the obligations and exercising specific rights of the Company in the field of employment and social security and social protection law;
    • the processing is necessary to protect someone’s life;
    • the processing is necessary for you to perform a task in the public interest or is in the interest of public health;
    • the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
    • the processing is necessary for the establishment, exercise or defence of a legal claim;
    • the processing relates to personal data which are manifestly made public by the individual;
    • the processing is necessary for health or social care, medical diagnosis or assessment of working capacity of an employee;
    • the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes;
  • We will keep personal data secure against loss or misusein accordance with our company policies.
  • Personal data will not be retained for any longer than necessary. The length of time over which data should be retained will depend upon the circumstances including the reasons why the personal data were obtained.
  • Individuals have the right to be informed about how, why and on what basis the Personal Data is processed. Any questions relating to this should be referred immediately to our Company’s Data Protection Officer.
  • Individuals are entitled to request access to information held about them. All such requests should be referred immediately to our Company’s Data Protection Officer. We will respond to a valid request within the current legally prescribed time limits.
  • Individuals are also entitled to request to have their Personal Data deleted from our records in certain instances. All such requests should be referred immediately to our Company’s Data Protection Officer. This is particularly important because the Company must respond to a valid request within the legally prescribed time limits.
  • Individuals also have the right to restrict the processing of their Personal Data in certain circumstances. All such requests should be referred immediately to our Company’s Data Protection Officer.

7 Intellectual property

The intellectual property rights in any work created by or for the Mailing House in relation to this contract shall vest in the Mailing House unless it is agreed in writing that such intellectual property rights shall pass to the Client.

8 Charges and payment

8.1 Payment of invoices

Unless otherwise specified invoices will be paid on completion of the contract and in any event at not less than monthly intervals within 30 days of the invoice date unless otherwise agreed.

All prices quoted are strictly net and are exclusive of VAT which should be payable by the Client.

The Client shall also be charged for any preliminary work produced by the Mailing House at the Client’s request whether experimentally or otherwise and any corrections made after the first proof and any other changes requested by the Client on or after the first proof.

8.2 Payment for postage

Where the mailing is to be undertaken through the Mailing House’s own postal account, the cost of postage shall be paid by telegraphic transfer not later than 48 hours before the mailing begins. If the cost of postage is not paid within the specified time limit the Mailing House shall have the right to withhold the mailing.

8.3 Postal charge refunds

Where the cost of postage is less than the amount paid by telegraphic transfer the Mailing House shall either refund any sums remaining to the Client or shall provide a credit for the Client for the next mailing it puts through the Mailing House’s account.

8.4 Interest on overdue bills and debt collection costs

As specified on invoice we require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, Daniels Silverman Limited, which will incur costs of 15% + vat. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent amendments, which interest is payable both after and before any judgment of the court and continues to accrue.

9 Codes of practice and indemnities

The Client shall:

(a) provide the Mailing House with a true copy of all advertising material or other material intended to be enclosed with any material prepared by Mailing House;

(b) ensure that all 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 the Mailing House against all costs, claims, liabilities, penalties and expenses which the Mailing House 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. The Mailing House shall 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.

10 Provision of computer data

The Client shall ensure that any computer data supplied to the Mailing House 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, the Mailing House shall 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.

The Client shall ensure that all data supplied to the Mailing House are completely unambiguous with regard to their format. A specification of the formats of the data supplied and instructions for interpretation must be provided in writing.

11 Liability

11.1 Limitation of Mailing House’s liability

The Mailing House’s entire liability (including liability for acts and omissions of its employees, agents and sub contractors) in respect of any breach of its contractual obligations and of any representations, statement or tortious act or omission including negligence shall be limited to the contract price (excluding postage and distribution costs) or the sum of £500 whichever is the lower.

11.2 Consequential or indirect loss

The Mailing House shall not be liable for any indirect or consequential loss or damage, loss of profits or goodwill or loss of any kind, other than the direct loss suffered by the Client and subject to limitation under sub clause 11.1.

11.3 Liability for death or personal injury

Notwithstanding the sub clauses 11.1 and 11.2 above, the Mailing House’s liability to the Client for death or injury resulting from its own or that of its employees, agents or sub contractors negligence shall be limited to an amount deemed appropriate by the Mailing House’s public liability insurance and/or product liability insurance providers.

12 Termination and cancellation

12.1 Termination in the event of breach of contract by either party or upon the bankruptcy, liquidation etc of the Client

Subject to clause 12.2 either party shall be entitled to terminate this contract by notice in writing to the other in the event of any material breach by the other party of any of its obligations under this contract. The termination will take effect 14 days after receipt of written notice unless the defaulting party has remedied the default within this time.

The Mailing House shall be entitled to terminate this contract by notice in writing in the event of the Client’s failure to pay in accordance with the terms of the contract or in the event of the Client committing an act of bankruptcy or taking any steps leading to liquidation, making any agreement with its creditors or having a receiver or administrative receiver appointed over any of its assets.

12.2 In the event of termination by the Mailing House under this clause, the Client shall immediately pay any outstanding sums due from it to the Mailing House.

13 Agency, partnership and joint ventures

Nothing in this contract shall be construed as to constitute either the Mailing House or the Client to be the agent of the other and it shall not operate so as to create a partnership or joint venture of any kind between them.

14 Enforceability

No failure or delay by either the Mailing House or the Client in exercising any of their rights under this contract shall be deemed to be a waiver of those rights. No waiver by either of them of any breach of the contract by the other, shall be considered as a waiver of any subsequent breach of the same or any other provision.

15 Severability

Notwithstanding that any provisions of this contract may prove to be illegal or unenforceable the remaining provisions shall continue in full force and effect.

16 Entire agreement

These terms and conditions constitute the entire contract between the Mailing House and the Client with respect to the matters dealt with herein. No variation to this contract shall be valid or effective unless made in writing and signed by both of them.

17 Jurisdiction           

This contract is subject to UK law and the Mailing House and the Client agree to submit to the jurisdiction of the Northern Ireland courts in respect of any dispute or difference arising under it.

Read more about our e-Commerce Fulfilment or Direct Mail services.