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Terms and Conditions
1. QUOTATIONS: Subject to acceptance within 30 days. Quotations
are based on the cost of services, labor and materials on the date
of the quote. If changes occur in cost of materials, labor, or other
costs prior to acceptance, or if the customer requires changes in
the mailing schedule subsequent to acceptance, the right is reserved
to change the price quoted. Subsequent orders will be subject to
price revision if required. Quotations do not include applicable
taxes, shipping costs or deliveries unless specifically stated.
Quotations are only valid when in writing.
2. CANCELLATION: Orders may be canceled by the customer at any
time by notice in writing or via e-mail with the understanding that
Mail Concepts, Inc. will be compensated in full for any work or
services performed prior to cancellation, plus the cost of any goods
or services purchased for the order. In addition, because mailing
requires advance scheduling of equipment and labor which often cannot
be replaced by other jobs, Mail Concepts, Inc. reserves the right
to assess a cancellation fee to reflect the opportunity cost associated
with a job being canceled.
3. ALTERATIONS/SPECIFICATIONS: Prices quoted herein are based upon
Mail Concepts, Inc.’s understanding of the client specifications
submitted. If there is a change in specifications or instructions
to the original quotation and these changes result in additional
costs, the work performed will be billed at the current or minimum
rates, and the mailing date may be delayed.
4. VERBAL ORDERS: Written or e-mail orders are strongly recommended.
Verbal orders are accepted with the provision that the final specifications
will be those faxed or mailed and understood by the mailer at the
time the work was started.
5. POSTAGE: Quotations do not include postage. Mail Concepts, Inc.
will notify the customer in writing or by e-mail of the required
postage as soon as this amount is known and will notify the customer
of the date when the postage is needed in order to complete the
mailing prior to the agreed upon mailing date. While Mail Concepts,
Inc. will make every effort to provide the customer with an accurate
estimate of required postage, Mail Concepts, Inc. is not responsible
for additional postage charges if the rate of postage changes due
to the design of the mail piece. Payment of postage in advance is
required on all orders and is the responsibility of the customer.
Mail Concepts, Inc. reserves the right to hold mailings for which
sufficient postage has not been paid or until postage payment has
been verified. The customer will provide the postage payment in
adequate time for Mail Concepts, Inc. to complete the mailing prior
to the previously agreed upon mail date.
6. ACCEPTANCE OF ORDER: Mail Concepts, Inc. may refuse at any time
to mail any copy, photographs or illustrations of any kind that
in the mailer’s sole judgment is an invasion of privacy, is
degrading, libelous, unlawful, profane, obscene, pornographic, tends
to ridicule or embarrass, or is in bad taste, or which in the mailer’s
sole judgment is an infringement on a trademark, or trade name,
or service mark, or copyright belonging to others.
The customer will defend and hold Mail Concepts, Inc. harmless
in any suit or court action brought against the mailer by others
for alleged damages, costs, expenses (including reasonable attorney’s
fees), liabilities or losses resulting from circumstances where
the mailer, acting as the customer’s agent, uses copy, photographs,
or illustrations that are believed by others to be degrading, libelous
or harmful to their reputations, images, or standing in the community
or which in the mailer’s sole judgment is an infringement
on a trademark, trade name, service mark, or copyright belonging
to others, or in a suit or court action brought against the mailer
for actions of the customer’s employees which may occur as
a result of any mailing.
7. MAILING LISTS: Customer’s mailing list(s) in Mail Concepts,
Inc.’s possession, for storage or otherwise, is the exclusive
property of the customer and shall be used only at the customer’s
instructions. The mailer shall provide reasonable and prudent protection
against the loss of a customer’s list, in much the same manner
that the customer would itself. This includes adequate backup procedures
for all files and programs. The mailer shall pay for the cost of
replacing such lists in the event of systems failure, loss by fire,
vandalism, theft, or other such causes (excluding destruction of
the list due to customer’s negligence or willful misconduct),
provided that the customer has a duplicate list or has the source
material from which the list was compiled, and then only to the
extent of the costs involved in replacing the lost list. The mailer
shall not be liable for compiling such lists nor for an intangible
or special value attached thereto.
Mail Concepts, Inc. is not responsible for the accuracy or integrity
of lists or other data supplied by the customer or a list broker.
Unless otherwise specified in writing in advance, all rented mailing
lists are provided on a one-time use basis.
8. MATERIALS: Mail Concepts, Inc. assumes in all quotations that
all material provided will permit efficient handling on automated
equipment and meets equipment manufacturer’s published specifications.
Materials furnished that are within manufacturer’s specifications,
but which are not up to acceptable operational standards due to
poor folding, facing, trimming, packing, sticking together of material,
insufficient leeway between enclosures and envelopes, square envelope
flaps or other causes, will be subject to pricing at special rates.
Customer will be notified when a deficiency is discovered and approval
will be obtained for handling at special rates before proceeding
with work. A new delivery schedule may result when deficient materials
are used.
Mail Concepts, Inc. is not responsible for identifying errors in
preprinted copy on customer-furnished materials and assumes no liability
for damages resulting from the mailing of materials which contain
erroneous information. When performing mailings for not-for-profit
customers, the mailer is not responsible for content in mailed materials
which causes a customer to lose their Nonprofit Status.
All direct mail handling and processing involves spoilage. Spoilage
of up to three (3) percent of customer’s material is typical.
Allowances for spoilage should be taken into consideration in ordering
material. Every effort will be made to handle customer’s material
with frugality and to prevent undue spoilage. Nevertheless, Mail
Concepts, Inc. cannot accept responsibility for shortages of material
as a result of normal spoilage in processing. All stock and materials
belonging to a customer will be held and stored only at the customer’s
risk, and the customer shall be responsible for insurance on their
material.
Printer delivery tickets must accompany the material delivered
and should show the number of skids or cartons, the quantity per
skid or carton and the total delivery quantity. Each incoming carton
or skid must bear an identity, item code, quantity and a sample
clearly visible. Each skid should have only one material version,
unless clearly marked and separated. Multiple items should not be
included within a single carton, skid or container unless noted
thereon and on accompanying paperwork. Mail Concepts, Inc. will
apply a surcharge for any rework necessary for materials received
not meeting these specifications.
Mail Concepts, Inc. accepts printers’ count until processing
and assumes no responsibility for shortages discovered at that time.
Additional charges will apply if customer requires the mailer to
verify printer’s counts prior to processing. Customer is expected
to provide mailer with sufficient inventory or adequate sources
of supply to meet anticipated demand. Cost for backorders, delay
notices, canceled orders and increased customer service resulting
from out of stock conditions will be billed additional to customer.
Collect shipment will be accepted by the Mail Concepts, Inc. only
if clearance is obtained in advance, and a service charge will be
added to the actual freight charges. Mailer is not responsible for
the condition of shipped overs, unless customer has been billed
for packing and/or shipping.
Customer retains title to and the insurable interest in its materials.
Because of this, Mail Concepts, Inc. is held harmless for acts not
of its doing that create losses. It is the responsibility of the
mailer to carry insurance to protect against acts of negligence
on the part of its employees in the normal course of business. If
specific additional insurance coverage is desired, such coverage
must be specified by agreement or by separate insurance rider and
premium. In such instances, the liability for losses will be limited
to the agreed upon insurance amount.
9. LABELS: Paper labels must be within equipment manufacturers’
published specifications for labeling equipment. For paper labels
as well as those which are electronically generated, quoted prices
assume that label placement will be in the position most advantageous
to production speed or additional charges will be billed.
10. INSERTING SEQUENCE: Effort will be made to insert material
in the sequence and facing the direction the customer requests,
but quoted prices assume the most advantageous production speeds.
Specified sequence or facing may result in additional charges being
billed.
11. OVERAGES: The customer must advise Mail Concepts, Inc., in
advance of the job, the disposition of overs. Overs may be returned
to the customer, stored or destroyed. If items are stored or returned,
applicable storage and delivery charges will be added. Additionally,
at the mailer’s option and without liability to the mailer,
material may be automatically destroyed after 60 days if customer
has failed to respond to a disposition request or failed to pay
for storage starting 30 days after the mail date. Premium storage
rates may be applied to old materials or materials for which disposition
has not been designated.
12. DELIVERY SCHEDULES: Mail Concepts, Inc. will make every reasonable
effort to meet scheduled delivery and mailing date(s), but because
of the many factors outside its control, accepts no liability for
failure to meet scheduled date(s). In addition, mailers have no
control over U.S. Postal Service, United Parcel Service or common
carriers’ delivery schedules and cannot guarantee when mail
or shipment deposited with or released to these carriers will be
delivered. The customer shall accept the date which mail or shipment
were deposited with or released to these carriers as the date of
delivery.
All orders are accepted contingent to fire, accident, acts of God,
mechanical breakdown or other causes beyond the mailer’s control.
Since the time element is an integral part of the mailing business,
quoted prices are based upon a specific set of time schedules for
completion. Any requested deviation from the schedules described
or agreed upon by both parties at commencement of order may alter
the quoted price. Late material may affect the completion date of
the order by a greater degree than the actual elapsed time the material
is late.
13. ERRORS IN MAILING: Mailer shall be liable only to the extent
of remailing a correction or corrected job as soon as possible to
rectify the mistake. Damages shall be limited to the value of the
work performed. In no case is the mailer liable for loss of business;
incidental or consequential damages; or cost in excess of billing
for services related to the specific job.
14. DELINQUENT INVOICES: If money is owed Mail Concepts, Inc.,
the mailer may, at his option, withhold future mailings and/or hold
the customer’s list, printing or other property against payment
of delinquent invoices. “Delinquent” is defined as “past
the agreed or specified payment date.” After suitable credit
has been established, unless otherwise specified in writing by the
mailer, terms are net with interest as allowed by law applied to
delinquent invoices. Customers are responsible for any related collection
costs, legal fees and interest.
15. BROKER/AD AGENCY/RESELLER: When contracting with an intermediary
such as a broker, ad agency or reseller for work on behalf of their
clients, Mail Concepts, Inc. will hold the intermediary fully responsible
for timely payment of invoices and for related collection costs,
legal fees and interest. This will be done without regard to whether
the intermediary has been paid by their client for services rendered.
16. TAXES: All amounts due for taxes and assessments will be added
to the customer’s invoice and are the responsibility of the
customer. No tax exemption will be granted unless official proof
of the customer’s exemption is on file with Mail Concepts,
Inc. or such documentation accompanies the order. If, after the
customer has paid the invoice, it is determined that more tax is
due, the customer must promptly remit the required taxes to the
taxing authority or immediately reimburse the mailer for any additional
taxes paid by the mailer
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