Terms and Conditions for APD Ltd
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. Errors and omissions excluded.
(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) Our acceptance of work from clients is based upon the understanding that they 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.
(a) Accuracy of information relative to names and addresses on 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. COLLECTION AND
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.
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. Fulfilment invoices are issued on 30-day terms. Postage invoices are issued in advance unless otherwise agreed.
6. 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) Under 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.
7. ROYAL MAIL, POSTAGE
(a) Any postage or other similar costs referred to in quotations are estimates and payment may be required 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.
8. CLIENTS’ STATIONERY AND
(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.
(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 6 weeks unless written disposal instructions are received to the contrary. Appropriate rent will be charged for storage and disposal if applicable. Databases are also routinely deleted from our files after a period of 6 weeks.
(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.