Leaflet Company Ireland Services – Standard Terms and Conditions of acceptance

Interpretation:

The “customer” means the client placing the order described in the confirmation order.

The material shall refer to the promotion literature used, samples or other matter for the distribution exercise.

The “contract” shall refer to the job being undertaken by Leaflet Company Ireland in the confirmation order.

The “company” shall refer to the Leaflet Company Ireland.

Terms & Conditions:

The contract shall be subject to terms stated here and upon these conditions which shall not be varied by any terms of conditions in any other correspondence or other document or by any oral representation or statement made by on or behalf of the company unless agreed in writing by the leaflet sales manager.

Delivery:

The company will use its best endeavours to distribute the material within its distribution system. These not necessarily imply 100% penetration of all address within the area. Our usual coverage would be deemed at 80 – 85 % of any given area inside the 50KLM of a named town land/delivery zone. This may exclude main roads and some apartments. If you require a particular road or house covering for your promotion, please check with sales agent before placing order to ensure it is included in our delivery rounds. Items will be distributed on a shared basis unless otherwise agreed in writing by a Leaflet Company Ireland member and material will delivered alongside non-related material that Leaflet Company Ireland deem to be non-competitive . Leaflet Compact Ireland guarantees 80% delivery of items into designated areas based on response from level of beck checks carried out by Leaflet Company Ireland for which all distribution results are measured. These results are final and by engaging the services you are agreeing to this in terms of usage and cannot be challenged by the client or their agent.

1: If for any “proven” reason the company fails to meet these distribution standards, then the company shall reimburse the client for the amount of disputed leaflets on the paid-for “rate per 1000” .This will only be done where negligence on behalf of the company has been proven.

2: In the event that Leaflet Company Ireland are found to be in breach of negligence of non-distribution of items, it will not be held liable or responsible for the re-print or replacement of leaflet material or any sub sequential loss incurred by the client or any third party.

3: It is the responsibility of the client, printer and or publisher of any item distributed to ensure that the legal requirements related to the item are met and comply with the rules and regulation set out by Irish advertising standards authority. In this context it should be noted that it is a legal requirement that all newspapers, leaflets, supplements etc. intended for distribution shall contain the name and address of the printer. The company will have recourse to the client for any legal action taken against the company that directly relates to the form or content of item distributed.

4: The company cannot nor will not guarantee any response levels for the leaflet distribution .it should be noted that low recall does not and cannot suggest low distribution efficiency.

5: The Leaflet Company will supply clients (upon written request) with back-checks carried out by the Leaflet Company Ireland. These will be available two working days after the completion of distribution. These checks are the only way that Leaflet Company Ireland can monitor all distribution work. By engaging the services of Leaflet Company Ireland, the client agrees that these results are the “agreed” way of Leaflet Company Ireland monitoring distribution levels and accept their findings.

Contents of customer material:

1: The company shall have the right in its absolute discretion to cancel any job whether accepted or not, if in the opinion of the company the material fails to comply with the advertising standards authority guidelines, or is in any other way unacceptable for distribution.

2: The company will not be held responsible or liable for any legal action that may arise for the duplication of material that may infringe on other company’s intellectual property rights or trademarks. In the event of any contact being made by any independent party claiming that the customers material is in breach of any legal act, it is policy of the company to co-operate fully with any legal party representing a specific client claiming that the customer is in fact in legal breech of copyright, trademark or any other claim arising from the material that is being distributed by the company on behalf of the client.

3: If the company exercises its discretion in this respect and cancels the job, it shall notify the same to the customer who shall thereupon arrange collection of material and be liable to pay the company for any work carried out and cost incurred on the order, up to that date.

Quantities:

1                The company is not obliged to check the quantity of customer’s material supplied for distribution.

2                Supplementary charges of €10.00 per 1,000 will be made if leaflet material are not boxed and bundled into 100s or 200s only.

3                All boxes must be clearly marked with the leaflet name and quantity or again will be liable for €10.00 per 1,000 handling charge.

4                All items that are scheduled must be delivered to our warehouse before 12pm on the Thursday prior to the agreed distribution date except for bank holidays where items must be delivered a day earlier.

5                Stock for “Solus” distribution must reach our warehouse, four working days prior to the agreed distribution date.

6                Unless otherwise agreed in writing, all quantities must be delivered at the same time.

7                In the event of delay or error in the quantity of items supplied, distribution will be carried out at the earliest opportunity. The company will advise the customer as early as possible of any delays or incidence of short/ oversupply and cannot and will not be held responsible for any sub sequential loss incurred by the client.

8                Unless written authorisation has been agreed with the respective companies, stock that is surplus to requirements will be disposed of one week following the completion of distribution.

Distribution:

1                The stated distribution objectives and overall quantity distributed are subject to variance of 80% within the terms of the contract.

2                A copy of the leaflet is required at the office of the company one week prior to distribution.

3                No leaflet will be accepted on a time critical basis, unless otherwise agreed in writing.

4                The company shall endeavour to deliver promotional material within a 10-15 working days of the agreed Week Commence date. Leaflet Company Ireland cannot and will not be held responsible for ANY delays beyond its control that include adverse weather conditions etc.

Payment:

Unless a client account has been agreed by the accounts department of the Leaflet Company Ireland, pre-payment is required before any item can be distributed. The amount is shown in the confirmation of order and payment should be made to the Leaflet Company Ireland. A weekly interest charge of 3% of the total invoice amount will be applied to any outstanding balance on your account after a 7 day period.

Complaints Procedures:

All distribution complaints will ONLY be accepted if all of the following information is reported in writing to your Leaflet Company Ireland agent.

(1) Full name of person making complaint

(2) Contact telephone number of person making complaint

(3) Exact location, including exact house number(s) Street name, address/location along with details/ nature of complaint.

Leaflet Company Ireland will only action an investigation to any distribution complaint, if ALL of the above requirements (1,2,3) are submitted in writing by the client or their agent. This information will allow Leaflet Company Ireland to deal with any query, quickly and efficiently. Leaflet Company Ireland endeavours to answer any valid distribution query within 1 working day of compliant being received. Should evidence of non-delivery be produced by the customer and or their agents and this can be full validated in accordance to the distribution terms of Leaflet Company Ireland, then the company shall deliver to the full distribution zone free of charge without incurring any further penalties. Leaflet Company Ireland will not be responsible for the re-printing of material that must be supplied by client. Alternatively, shall apply .in the event of an error, misprint or omission in the printing of a leaflet undertaken by the company, the company will either reprint the leaflet or make a reasonable refund of the cost. No re-print or refund will be made where the error, misprint or omission does not materially detract from the leaflet. In no circumstances shall the total liability of the company for any error, misprint or omission exceed the amount of the full refund of the price paid to the company for the price of the printing of the leaflet (s) or the cost of further or corrective leaflet of a type and standard reasonably comparable to that in connection with which liability arose. In the event of any localised shortfall in distribution being identified, subsequent delivery will be considered as fulfilment of contract. If this is not practicable, a credit may be offered in direct proportion to the identified shortfall.

Cancellations:

All cancellations for distribution orders must be received in writing 14 working days prior to any confirmed Leaflet distribution booking. All cancellations outside 14 days prior to the planned distribution date and the client will be charged a 25% cancellation fee based on the entire cost of the cancelled order exclusive of vat at current rate. Notwithstanding any other provisions of this agreement, it is expressly agreed that the company shall be under no liability for any indirect or consequential loss or damage, whether or not arising as a result of any negligence on the part of the company, which may be suffered by the customer. This includes the reprinting of customer’s material.

Insurance and indemnity:

The company indemnifies the customer against any third party claims arising from the action of its staff or agents involved in the distribution. Excluding all other liabilities the company also undertakes to ensure the customer’s material against all risks whilst it is in the company’s possession. In the event that any or all of the materials for distribution is damaged or destroyed whilst in possession of the company or its agents, the companies liability is deemed to be strictly limited to the production costs of the material. The company accepts no liability for any form of consequential loss.

General:

By engaging the services of Leaflet Company Ireland, you are agreeing to all of the terms and conditions set out in this document. A Leaflet Company Ireland Sales agent advises all clients at “point of sale” that full copies of our terms and conditions are available upon request. Leaflet company Ireland advises any client who are unsure of the meaning of any items set out within our terms, to seek legal advice prior to choosing to use the services of Leaflet Company Ireland. Errors & omissions accepted.