1a Unless previously agreed in writing, these conditions will apply to each contract relating to the service of delivering of leaflets/flyers or promotional material by ”Wightleaflets”
1b The Client (The Company requesting the distribution or work to be completed) warrants that they are entering into a contract with “Wightleaflets”. That they are not acting on behalf of another company.
2a The price quoted, is the companies price. It is valid for a period of thirty days, from the original moment it is confirmed. ”Wightleaflets”can only be bound by orders that is has received in writing. Any orders can only be cancelled or adjusted with ”Wightleaflets” prior agreement.
2b Unless agreement is made between the two parties – then payment will be made in advance of the work being completed. PLEASE CONTACT US IF THIS IS NOT IN LINE WITH YOUR COMPANIES POLICIES
2C. If credit is granted and the company employing our services does not make payments when due. “Wightleaflets” is entitled to cancel the agreement, or temporarily stop deliveries (works). The client will also be charged 10% above Barclays bank base rate on all unpaid amounts. “Wightleaflets” will also stop further credit and request immediate payments on all outstanding invoices and work completed.
3 Leaflets and Material
3a As the company employing our services, you must supply adequate promotional material to enable the contract to be completed effectively and on time. ”Wightleaflets” has no liability to loss or damage to promotional material however caused. As a company employing our services you will ensure that your promotional material will not infringe property rights of a third party, or copyright and will not be abusive , indecent or defamatory in any way. The company employing our services will indemnify ”Wightleaflets” for any loss, damage, costs expenses or claims arising from breach of this warranty.
3b ”Wightleaflets”- may at their discretion destroy any surplus leaflets (items) without reference back to you, and without further liability. Any items forming part of an agreed distribution (work) that is cancelled by you as the employing company, will not be returned to you once goods have been handed over to ”Wightleaflets”
4 Insolvency of Employing company
The company (“Wightleaflets”) may upon written notice to the client ( the employing company to our services) end the contract: if the client is an individual dies, has a receiving order against him, or commits an act of bankruptcy or makes any arrangement with his creditors; if a client is a company it calls a meeting of its creditors; goes into liquidation; has a receiver appointed over any of its assets or has an administration order made against it; makes any arrangement with its creditors’’; or the company has reasonable grounds for suspecting that the client is about to undergo any of the above events. In addition, any Price or part of the price in respect if services already supplied which has not been paid in advance will become instantly due and be paid
5. Additional Costs
The client must on request, pay any extra cost to “Wightleaflets” in supplying the services, caused by breach, default, delay or variation by the client of it obligations under the Contract or these conditions; any factor that is beyond the control of “Wightleaflets” reasonable control; any change in the dates of the supply of Services which the client requires; or any delay caused by the clients instructions or the Clients failure to give “Wightleaflets” is reasonable information or instructions when the order has been accepted and quoted for – or at any other time.
6a “Wightleaflets” agrees to use all reasonable means to delivery leaflets and flyers to addresses as agreed with you the client, using people of its choosing.
6b ”Wightleaflets”cannot guarantee that all promotions material will get delivered to every home in the specified locations agreed. You as a client will accept this limitation of the service that we as a company offer ,on the basis of the competitive nature of the Price and the limited warranty of 6. Wightleaflets do not guarantee to deliver the items by a certain date or time.
6c The company agrees to use all reason skills to appoint staff to deliver marketing material. All other conditions and warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
6d Where any valid claim is made in respect of any services supplied by us. ”Wightleaflets” can choose either to re-complete the work to make good any defect free of charge, or to grant credit or a refund to the client, at our discretion. The company will have no further liability to the client under the warranty. If the company chooses to re-perform the service, the client will provide extra material free of charge for this work to be completed.
7. Limitation of Liability
7a Except as provided in 7e, “Wightleaflets” is not liable to the client because of any representation (unless fraudulent) or any warranty (express or implied) condition or other term, or any duty at common law, or under the express terms of the contract for
7b any loss or profit, business, contracts, opportunity, goodwill, revenue, anticipated saving, expenses, costs or similar losses and/or
Any indirect, special or consequential loss or damage (Whether for loss of profit or otherwise.
Whether caused by negligence, breach of contract, tort, breach of statutory duty of the company, its employees or agents or otherwise) arising out of or in connection with the contract.
7c Except as in 7e any liability of ”Wightleaflets” to the client in contract, tort, breach of statutory duty or otherwise arising out of or in connection with the Contract or any series of contracts , is limited to the price received by Wight Leaflets in respect of the Contract or series of Contracts in Question.
7d ”Wightleaflets” will have no liability to the client for any loss, damage, costs, expenses or other claims for compensation arising from any promotional material or instructions supplied by or on behalf of the client which are incomplete, incorrect, inaccurate, illegible, out of sequence, or in the wrong form. Or arising from their late arrival or non-arrival, or any other fault of the client not attributable to ”Wightleaflets”
7e Nothing in these conditions will be used or be construed to operate so as to exclude or restrict liability of ”Wightleaflets”for death or personal injury caused through negligence of the company.
7f The company has no liability under any liabilities given in section 6 unless the price for the service has been received by “Wightleaflets” in full.
The agrees that “Wightleaflets” will be responsible for any works using its own staff of its choosing. The client will not attempt to contract or actually contract with personnel direct
9 Force Majeure
“Wightleaflets”is not liable to the client for failure or delay in completing its obligations under the Contract which is beyond its reasonable control. This includes any difficulties in obtaining suitable staff or procuring performance by its staff. ”Wightleaflets” will inform the client as soon as reasonably possible of any such occurrence.
10 Third Parties
Each Contract will only confer rights and benefits on the client and no third party can acquire rights or benefits under the Contract or these conditions
The Contract may not be assigned by the Client, but the company may assign or sub-Contract all or any or its rights or obligations.
Any waiver by “Wightleaflets” of any breach of these conditions or a Contract by the Client will not be treated as waiving any subsequent breach of the same or any other provision
13 The Entire Agreement
These conditions and any documents referred to in them, set out the full agreement between the parties and supersede any previous agreements between the parties relating to the subject matter of these conditions. The client acknowledges that in entering into a Contract is subject to these conditions, it has not relied on any representation, warranty, agreement, or statement not set out in these conditions and that (in the absence of fraud) it will not have any right or remedy arising out of any such representation, warranty, agreement or statement and that its only remedy for breach of these conditions is for breach of Contract under the terms of these conditions.
14 Law and Jurisdiction
English law governs these conditions and each Contract and the Parties agree to the “exclusive jurisdiction of the English Courts
Order placement, order acceptance and dead lines
a) Contracts are only legally binding, after written confirmation by us.
b) With contracts where goods are delivered to third parties, the client is assumed to be the person placing the order. Should delivery to a third party be in their favour, or if the recipient in virtue of receiving the delivery and making use of it, increase his assets, then both buyer and recipient of the delivery are assumed to be clients. By placing such an order the buyer ensures his implicit agreement.
c) When ordering on a third party account, whether in your own or someone else’s name, both buyer and the recipient of the invoice are taken to be clients. Changing the invoice later, after billing has occurred by request of the buyer to another recipient of the invoice, means the implicit liability of this invoice recipient. By placing such an order, the buyer affirms implicitly, that the recipient of the invoice is in agreement.
d) Delivery times are not binding. The delivery times on offer or the delivery times given when orders are confirmed, correspond with our schedules.Delivery dates are based on best possible at the time of acceptance we reserve the right to alter these as required within a reasonable time frame.
e) Acts of God or circumstances, which prevents or impedes the carrying out of accepted orders, give us the right, without any claims for damages, to cancel from, or to reduce the extent of, or to carry out the order at a later date. Any agreed dead line will be extended for the period of the delay. A cancellation by the client is only possible, four weeks after the disruption described above has taken place. We are not liable in these circumstances.
Implementation of order / disclaimer a) We carry out all orders, unless specified otherwise in writing, on the basis of the data we receive from the client. The data is to be delivered in the format specified by us on the order form. Should the format you send us differ, we will not be able to guarantee a flawless service, unless we have given you written permission to use this format. The client is liable to full extent for the entirety and accuracy of these data, even if data transfer or data media discrepancies occur, as long as we are not responsible.
b) We are not responsible for the inspection of deliveries of any kind, either from the client or from third parties, this also applies to data media and transferred data. (This does not apply to data that are obviously unsuitable for use.) When transferring data, the client must use up to date computer virus technology before sending files. Data security is the client’s responsibility
Imprint and Advertising
a) With the client’s permission we are allowed, by suitable means, to use the contracted products in order to make reference to ourselves. Compliance by the client can only be refused, should he have predominant interests to the contrary.
b) We reserve the right, without express agreement of the client, to send proof samples of the order to third parties as quality templates.
Trade patent rights and copyrights
The client bears sole responsibility, if , by the implementation of his order the rights of a third party, in particular copyrights, are violated. The client declares that he is in possession of the copying and reproduction rights for the documents handed over. The client releases us of any corresponding claims from third parties concerning violation of rights.
Guarantees, liability and return of goods
a) The client must check all delivered goods and any other products sent for amendment. The risk of eventual discrepancies is passed over to the client after clearance for printing or production, as far as the discrepancy did not occur, or could be traced to a production procedure immediately subsequent to clearance. The same applies to any other clearance declarations by the client. Defects must be reported without delay, and no later than 7 days after detection. Claims for hidden defects, which after prompt inspection cannot be detected, must be asserted within the statutory warranty period.
b) Returns of any kind must be agreed to by us. Non-prepaid returned goods will not be accepted by us. By warrantable customer claims, we will reimburse the forwarding charges.
c) Deviations in colour reproductions from the original, regardless of production technique, cannot be rejected. The same applies, for technical reasons, for the comparison of templates and the like, e.g. proofs and print-outs even though they have been made by us, and the finished product.
d) By deviations in the composition of the material used we are only liable for the order value. We are not liable for material delivered by the client.
e) If the client, after being requested, does not supply a print-out of the print data neither does he accept proofs or preprints provided by us, then we are free of any liability. Claims will not be recognised in this context.
f) Faulty parts of the delivered goods do not warrant rejection of the complete delivery, (unless partial delivery is of no use to the client.)
g) Differences in the delivery volume of up to 10% of the quantity ordered are to be accepted.
h) We have the right to choose between repair or replacement of faulty goods which we have delivered, and for which we have assumed liability. Should repair fail, the client may choose to reduce the purchase price or to cancel the contract.
i) Further claims of the client for whatever legal reason are exempt. We do not assume any liability for damages not pertaining to the delivered object. This exemption extends to, and in particular, loss of profit or financial losses. This also includes all damages caused by our employees, representatives or servants.
j) We are only liable for damages caused by delay, neglect of fundamental contract obligations, if these were predictable.
k) Should the delivered object be altered by the client or by a third party, we are no longer liable, unless the client can prove that the alterations are not responsible for the damage or malfunction.
l) All templates, documents etc. will be treated by us with care. We only assume liability for damages or loss, to the value of the material. Further claims of any kind are exempt.
m) The exemptions from liability mentioned above do not apply to grossly negligent or wilful behaviour.
n) Customers enjoy their statutory rights.
o) Reimbursements for products already produced or being produced are not possible. This is because of the personal character of the products, which make a sale to a third party impossible. It is possible to cancel orders that have not been already produced. In that case, we are entitled to charge GBP 10,- (net) plus the surcharge for chosen payment.