Terms and Conditions of Acceptance
1.1 For the purpose of these Terms and Conditions:
“The Company” refers to MAD Group Sussex Ltd and the companies on whose behalf it acts as agent. The abbreviation ‘MAD Group’ is sometimes used in place of ‘MAD Group Sussex Ltd’
“The Client” refers to the company or individual (if not an authorised representative of a company) who places the distribution contract with MAD Group
Section A – Standard Terms & Conditions:
The following Terms and Conditions apply to all orders accepted for door to door distribution (or other specified services) to be carried out using MAD Group
1.1)Distribution will normally take place to the individual addresses that usually receive the relevant publication(s) within the area and on the date(s) scheduled. This does not imply 100% penetration of all addresses within the area, nor does it guarantee delivery to any particular property in the area.
1.2) Whilst every effort will be made to meet the agreed schedule, The Company reserves the right to vary both the method and timing of the distribution. The Company will use all reasonable endeavours to distribute material within 10 days of the distribution date.
1.3) The stated distribution objectives and overall quantity distributed are subject to a variance of up to 5% within the terms of the contract.
1.4) Distribution of an item cannot imply any guarantee of consumer response and The Company offers no claims or guarantees with regards to response or awareness levels. It should be noted that low consumer recall does not and cannot under any circumstances imply low distribution efficiency.
2.) Supplies (for distribution)
2.1) Unless otherwise agreed or specified by The Company, supplies should be received by 12 noon on the Thursday prior to the week of distribution.
2.2) The Company reserves the right to make an additional charge or to refuse to accept or deliver any material which is incorrectly sized on booking in.
2.3) The Company will make all reasonable endeavours to check the quantity of material supplied in bulk, and advise Clients of any delays or significant variance above or below the quantity required to fulfil the distribution contract.
2.4) The Company cannot accept responsibility for variances in supply due to packaging errors (i.e. quantities within cartons) or errors which occur due to inaccurate delivery notes, but will endeavour to advise the Client when significant variances arising from such errors are identified.
2.5) In the event of a delay or error in the quantity of items supplied, distribution will be carried out at the earliest subsequent opportunity, with any additional costs notified in advance of distribution.
3.)Cancellations and Alterations
3.1) Notice of at least seven days (prior to the beginning of the distribution week) must be given for any cancellation or alteration to distribution arrangements of a standard (shared) distribution.
3.2) If such notice is not provided, The Company reserves the right to levy a cancellation charge and recover reasonable costs related to the planned distribution.
4.1) All orders are accepted subject to approval of the content of the item. The Company reserves the right to cancel or refuse to accept any order, in full or part, without giving an explanation. The Company will not accept for delivery items which infringe the British Code of Advertising, Sales Promotion and Direct Marketing (The CAP Code) and will be guided by the Committee of Advertising Practice (CAP) / Advertising Standards Authority on such matters.
5.2 The Client shall fully and effectively indemnify Zoom In in respect of any damages, losses, costs or expenses incurred by MAD Group, or any claims, action or proceedings, threatened or actual against MAD Group arising from the nature of
content of the items distributed whether such liability arises from a defect in design or breach of any third party’s intellectual property rights or if the goods fail to comply in any way with any codes, restrictions, legislative obligations or voluntary codes of practice (examples including but not limited to indecent or offensive material, material breaching ASA or other guidelines).
5.) Distribution Queries
5.1) In the event of any queries arising from the distribution, The Company undertakes to investigate such queries, provided that they are reported within a reasonable period of time (normally five working days from the planned distribution completion date) and that sufficient information is made available (e.g. full address details where relevant). The results of any such investigations will be reported to the client within a reasonable time scale. Any relevant documentation will be made available for inspection by the client at The Company’s offices.
5.2) In the event of a localised shortfall in distribution being identified and substantiated, this will be rectified and subsequent delivery will be considered as fulfillment of the contract. If this is not practicable, then credit will be offered to the client in direct proportion to the substantiated shortfall in distribution, in line with the terms specified in sections 2 and 3. Under no circumstances will The Company accept any liability in excess of the value of the distribution contract to The Company.
6.) Insurance & Indemnity
6.1)The Company indemnifies the client against any third party claims arising from the action of its staff or agents involved in the distribution.
6.2) Excluding all other liabilities, The Company undertakes to insure the client’s material against all risks whilst it is in The Company’s possession. In the event that any or all of the material for distribution is damaged or destroyed whilst in the possession of The Company or its agents, The Company’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.
7.1) All Contracts must be paid for in advance of fulfilment unless account facilities exist. The amount to be paid is shown on the confirmation of order and will include VAT at the standard rate. Applications for a credit account will be considered, but the Company reserves the right to refuse such application without giving a reason. Credit accounts may be withdrawn at any time. Late or non-payment of credit accounts to the terms agreed may result in Contracts being cancelled at no cost to the Company and interest will be charged at the rate of 8% above the base lending rate from the date payment is due.
7.2) The Company’s invoices relating to distribution contracts will be settled by the Client in accordance with these Terms and Conditions and the credit terms agreed with the Client and as indicated on the invoice.
7.3) In the event of a query or dispute concerning any part of a distribution contract or invoice, such part will be treated as severable from the remainder of the contract / invoice and the balance of the invoice shall be settled promptly in accordance with these Terms and Conditions.
8.1) Unless otherwise stated, the price quoted applies only to the distribution of items on behalf of individual advertisers and/or businesses who are promoting their own goods, services, functions, etc. via material specifically printed on their behalf.