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Terms & Conditions
All the material is accepted for distribution subject to the following terms and conditions.
1. General
These terms and conditions are deemed to be incorporated into any agreement entered with EF Distribution for the provision of it's distribution services.
2. Definitions
Agreement - Refers to the terms and conditions set out hereunder
Client - Refers to the individual, firm or company specified to whom the services are provided to.
Services - Refers to any services carried out by EF Distribution in accordance with this agreement (Further details below)
Distributors - Refers to the individuals carrying out the distribution to the letterboxes
3. Arrangements
All arrangements made with EF Distribution must be made in writing before the distribution is carried out either by email, fax or post. Verbal agreements may be accepted but will have no validity in the event of a dispute.
The time taken for EF Distribution to distribute the material to selected areas will depend on a number of factors such as availability of distributors, weather conditions etc. Any specific start of finish dates should be agreed before commencement of distribution.
Material accepted for distribution by EF Distribution will normally be carried out by its own distributors. The distributors will deliver to the selected areas the client has chosen. The areas covered will be recorded by Road names not all will be wrote down but most will be, which are normally available from EF Distribution on request.
4. Types of Distribution
Shared - The distribution will be carried out with a number of other client leaflets which will not be of a competitive nature. The leaflets will be distributed in the clients chosen areas.
Solus - The distribution will be carried out with no other client leaflets but may include a EF Distribution leaflet. The leaflets will be distributed in the clients chosen areas.
Time Sensitive Material - The client should inform EF Distribution prior to quotation that the material required for distribution is time sensitive. If EF Distribution are not informed of the time sensitive nature of the material EF Distribution do not accept any responsibility for the late delivering of the material
5. Number of Households
The number of households in each area has been calculated using postcode information from the Royal Mail, the number is rounded up to achieve maximum penetration.
6. Level of Penetration
EF Distribution distributors will do their best to achieve 100% coverage to selected areas. However due to the nature of distribution the distributor may not always be able to reach all letterboxes. Therefore the level of penetration may be less than 100%.
7. Circumstances Where Delivery to Letterbox May Not Occur
There is a number of reasons why distribution to some letterboxes may not occur; i) The property in question may not have a letterbox or the letterbox may not be in an obvious position.
ii) The property may be multiple occupancy, such as flats and entry to the separate occupancies may not be possible.
iii) If there is warning of a dog or any sign of a dog at the premises the distributors will not attempt to deliver to the property.
iv) If there is a notice on the property advising that the residents do not wish to receive unaddressed material, distributors will not deliver to that address.
v) Distributors will not deliver to empty or derelict properties or where entry may be hazardous.
8. Price
The price quoted is per thousand of leaflets distributed. Factors taken into consideration include size, weight, and time limits. The price quoted in writing will be held good for 30 days from the date of the quotation.
9. Surpluses and Shortfalls of Leaflets
The number of leaflets supplied to EF Distribution for distribution will be checked to accuracy. If there is insufficient material to cover the desired areas the client will be advised. If there is greater material then required the material will be returned and the client will have the option to collect the rest at his cost or choose further areas to have the material distributed to.
10. Payment
Payment is to be made to EF Distribution on collection/delivery of leaflets unless otherwise
specified. An invoice will be sent to the client for the amount. Payment is expected from the client on the basis that EF Distribution will provide service and payment must not be withheld subject to the level of response or number of enquiries received as a result of distribution.
11. Security of Material
The material supplied to EF Distribution for distribution will held in a secure and dry location prior to distribution. The storage of this material should however be insured by the client. In the event of any loss EF Distribution will not be held responsible for the material held on behalf of clients.
12. Cancellation
The client is entitled to cancel the contract or a part of the contract one week before distribution has commenced. If however distribution has commenced and the distributors have the client's material the contract cannot be cancelled and the material will be distributed. Where a cancellation is accepted by EF Distribution the material must be collected by the client at his/her own cost. All money paid to EF Distribution will be refunded except for a 20% cancellation charge. If it necessary for EF Distribution to cancel a contract all materials will be returned at EF Distributions expense and all money paid refunded. EF Distribution reserves the right to cancel any contract with a reasonable notice,
13. Acceptance Subject to The British Codes of Advertising
EF Distribution accepts all material for distribution only on the basis it meets the conditions of the British codes for Advertising. All material supplied to EF Distribution should be morally and legally acceptable. EF Distribution retains the right to refuse distribution of any material it considers inappropriate.
14. Indemnity
The client shall indemnify and keep indemnified EF Distribution from and against any and all
liability loss claims demand costs or expenses of any kind whatsoever which it shall at any time suffer or incur.
15. Force Majeure
Not withstanding anything herein contained neither party shall be under any liability to the other in respect of any failure to perform or any delays in performing its obligations hereunder which is due to any cause whatsoever nature beyond its reasonable control and no such failure or delay shall be deemed to amount to a breach of agreement.
16. Assignment and Subcontracting
The rights granted here under to the client are personal to it and the client shall not assign of grant any rights. EF Distribution shall be entitled to assign or sub-contract the provision of services to any third party and reference in the terms and conditions to EF Distribution shall be deemed to include to such an assignee of subcontractor.
17. Waiver
Failure or delay by either party to enforce any of the provisions of the agreement shall not operate so as to bar the exercise or enforcement thereof at any time.
18. Severance
The agreement is severable only if a provision is determined to be illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed to have been deleted without effecting the remaining provisions of the agreement.
19. Law
These terms and conditions shall be governed by and construed in accordance with English Law and the parties here to agree that the English Courts shall have exclusive jurisdiction.
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