The Specialist Leaflet
Distribution Agency
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Terms & Conditions
1
Interpretation
I. ‘The Customer’ means the client/agency
placing the order.
II. ‘The Material’ shall refer to the
promotional literature used, samples or other
matter for the distribution exercise.
III. ‘The Contract’ shall refer to the specific
distribution exercise being undertaken by MCDI
as agreed in the confirmation order/email/verbal
agreement.
IV. ‘The Company’ shall refer to Media
Communications Direct (Ireland) Ltd. |
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2 Terms of Contract
The contract shall be subject to the 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 Managing Director.
3 Delivery
I. The company will use its best endeavours to manage
the distribution of the materials as agreed to the
requirements and criteria of the client. Such management
shall be within the parameters of service offered by a
‘partnering’ distribution contractor deemed by MCDI, for
whatever reason, most suitable and capable of completing
the contract to the required levels of service on the
basis of its distribution system. This does not
necessarily imply 100% penetration of all addresses
within the area.
II. If the customer has a requirement that the services
of a specific contractor, for whatever reason, not be
used, this must be stated in writing to MCDI at the
earliest possible stage of contract negotiations.
III. If for any reason the contractor fails to meet
distribution standards as agreed and committed to, then
the company shall charge the customer at the same rate
for 1,000 deliveries as in the confirmation of order but
only for the quantity of material shown to be
distributed by the back-checking system as set out in
the standard distribution of the company.
IV. The foregoing adjustments are in lieu of, and in
substitution for, any and all other remedies on the part
of the customer.
V. It is the responsibility of the printer and/or
publisher of any item distributed to ensure that the
legal requirements related to the item are met. 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.
VI. 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 the item distributed.
VII. The company cannot guarantee any response levels
for the leaflet distribution. It should be noted that
low recall does not and cannot suggest low distribution
efficiency
4 Contents of Customers
Material
I. 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.
II. 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
the material and be liable to pay the company for all
the work carried out and costs incurred on the order, up
to that date.
5 Quantities
I. The company is not obliged to check the quantity of
customers’ material supplied for distribution.
Supplementary charges of €6.00 per 1,000 will be made if
leaflets are not boxed and interleaved every 100, 200,
or 250. All boxes must be clearly marked with the
leaflet name and quantity.
II. Leaflets must be delivered to the designated
warehouse by noon Wednesday of preceding week. (This is
brought forward 24 hours for bank holiday weekends)
III. Unless otherwise agreed in writing, all quantities
must be delivered at the same time.
IV. In the event of a 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/ over supply.
V. Unless written authorisation has been agreed with the
respective companies, stock that is surplus to
requirements will be disposed of six weeks following the
completion of distribution.
6 Distribution
I. The stated distribution objectives and overall
quantity distributed are subject to a variance of 10%
within the terms of the contract.
II. A copy of the leaflet is required at the office of
the company one week prior to distribution.
III. No leaflet will be accepted on a time critical
basis, unless otherwise agreed in writing.
IV. The company shall endeavour to deliver leaflets
inside a 7-10 working day period from specified date,
but cannot accept responsibility for delays beyond its
control i.e. freak weather conditions.
7 Payment
Pre-payment is required unless already agreed. The
amount is shown in the confirmation of order. Credit
terms may be agreed prior to the distribution but the
period of credit of 21 days from date of invoice shall
be strictly adhered to. Any payments outside the agreed
period shall be levied with interest according to E.U.
guidelines. Where purchase order numbers are supplied
they shall be included on invoices. However, if p/o
numbers are not forthcoming after having been requested
by MCDI, we will not accept responsibility for their
omission from invoices and will not accept this as a
reason for late payment. Where a distribution is
cancelled due to non-receipt of a p/o number,
cancellation charges as per 9 (iii) below will be
applied.
8 Complaints
I. Should evidence of non-delivery be produced by the
customer and/or his agents in the form of names and
addresses within the area of distribution stated in the
confirmation of order, who have not received material,
such evidence will only be deemed acceptable if
solicited within five days of completion of
distribution. If found proven, the company shall deliver
to these addresses free of charge and without incurring
any further penalties, alternatively 3 (iii) shall
apply.
II. Where the company undertakes printing on behalf of
the customer, it is the customer’s obligation to ensure
that all content is satisfactory and suitable for
printing. The company in no way accepts liability for
errors or omissions in printed materials, the copy
having been approved and agreed by the customer or
supplied by the customer electronically or on disk. In
the event of any localised shortfall in distribution
being identified, subsequent delivery will be considered
as fulfilment of the contract. If this is not
practicable, a credit may be offered in direct
proportion to the identified shortfall.
9 Cancellations
I. All cancellations to an order must be received in
writing by the preceding Thursday.
II. All cancellations to ‘Solus’ distributions must be
received in writing fourteen days prior to the planned
distribution date.
III. Cancellations informed to us later than the periods
above shall be charged at 50% of the distribution
charge.
10 Liability
Notwithstanding any other provisions of this agreement,
it is expressly stated 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.
11 Insurance and Indemnity
The contractor 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 contractor also
undertakes to insure the customer’s material against all
risks whilst it is in the contractor’s possession. In
the event that any or all of the material for
distribution is damaged or destroyed whilst in the
possession of the contractor or its agents, the
contractor’s 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. |
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Return on Investment
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