“CONDITIONS  OF  CONTRACT”  -  FOR LETTERBOX  DISTRIBUTION

1. DISCOVERY (FINDING):  The Client agrees that the essence of this Contract is DELIVERY of items into letterboxes, excluding “NO JUNK MAIL” letterboxes.  Once delivered, the Contractor loses all control over them and is therefore powerless to give any promise, guarantee or assurance whatsoever that any item which is delivered will subsequently be discovered (found) by any particular person in any letterbox. Complaints of non-delivery must, therefore, be supported by proof that the items where not, in fact, delivered.  In this context, proof of non-discovery (non-finding) is irrelevant.

2. PERFORMANCE:   The Client agrees that, due to human error and other possible circumstances, a Distribution Performance over 90% may not be achievable.  This implies an acceptable latitude of 10% of proven non-deliveries (not non-discoveries).  The Client also agrees that complaints can only be considered if made within 7 days of the commencement of the distribution. If such complaints allege non-delivery they must include at least six precise addresses and times and indicate the method employed to prove non-delivery.

3. RESPONSE:   The Client agrees that since the Contractor plays no part in the design of the mailing pieces, selection of the area covered, or the timing of the distribution he has no responsibility whatsoever for the response to or lack of response to the distribution.  The Client also agrees that poor response or lack of response to a distribution cannot be adduced as proof of non-delivery of the mailing pieces.

4. ESTIMATES:  Estimates of the number of mail boxes in any given area which may be supplied to the Client by the Contractor are based on the best information then available, but the Contractor accepts no responsibility whatever for any consequences of their possible inaccuracy.

5. INSURANCE:  No risk is accepted by the Contractor in relation to storage and handling of the Clients goods whether in possession of the company or not and the Client shall effect all necessary insurance.

6. RECEIPT OF MATERIALS:   All printed material should be accurately counted and bundled in uniform quantities not exceeding five hundred units. Loose leaflets will incur a counting & bundling cost.

7. The Contractor reserves the right to refuse any advertisement or other distribution material within three days after inspection of such material without being required to give any reason for such refusal.

8. The Contractor shall make its best endeavours to complete distribution within the time contracted, with due regard to inclement weather or any other unforseen circumstances.

9. Where an order is cancelled after commencement of delivery, full payment must be made.

10. The parties agree that the Client has not relied upon any representations made by the Contractor in relation to the commercial value of the distribution and that the Client relies upon its own market evaluation.

11. The Client shall indemnify the Contractor from all legal action or proceedings by third parties, which may arise out of the performance of the contract.

12. LEGAL COSTS, any expenses, costs or disbustments incurred by M.A.D. in recovering any outstanding monies including debt collection agency fees and solicitor costs shall be paid for by the Client.