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The conditions outlined in this document (“Conditions”) apply exclusively to each transaction (“Contract”) for the supply of services (“Services”) relating to leaflet delivery by Tracker Leaflet Distribution, which is a trading name for Abracadabra Leaflet Distribution Ltd (“the Company”), to a client (“the Client”) (together “the Parties”).
The Client warrants to the Company that it is entering into the Contract as principal and not as agent on behalf of any person, firm or company.
The price of the Services (“the Price”) which the Company provides is the Company’s quoted price and is exclusive of VAT. The Company is only tied to orders which it has accepted in writing. Any accepted order can only be varied or cancelled with the Company’s consent.
The Client agrees to pay the full Price plus VAT at least one week before the agreed start date of distribution.
If credit is granted and the Client does not make any payment when it is due then, without affecting any of the Company’s other rights or remedies, the Company reserves the right to: cancel the Contract or suspend performance of the Contract; withdraw all credit facilities extended to the Client and require immediate payment of the balance outstanding.
- Additional Costs
It is the responsibility of the Client to, on request, pay any additional cost to the Company in supplying the Services caused by: any breach or variation by the Client of its obligations under the Contract or these Conditions; any factor beyond the Company’s reasonable control; any change in dates of the supply of the Services which the Client requires; or any delay caused by the Client’s instructions or the Client’s failure to give the Company adequate information or instructions when the order has been accepted or any other time.
The Client has the right to cancel the Contract, or any part of the Contract, at any point before commencement of the distribution, providing that the Promotional Material has not yet been allocated and collected by Personnel. In the event that the material has already been allocated, or any part of the Contract has already been transferred to Personnel and the distribution has begun, then this part of the Contract cannot be cancelled and the Promotional Material will be distributed.
When a cancellation is accepted by the Company, the Client’s Promotional Material must be collected from the Company’s distribution warehouse. If it is not, then a charge will be made for the return of any material to the Client. Any monies paid by the Client for that portion of the delivery will be credited to the Client’s account. If a refund is deemed necessary, monies paid by the Client will be refunded by the Company minus a 20% cancellation fee of the Contract value.
- Distribution Services
TLD Solus: The distribution of the Client’s Promotional Material will be carried out with no other Client’s leaflets.
TLD Plus 1: The distribution of the Client’s Promotional Material will be carried out with 1 additional Client’s leaflet. The Company reserves the right to include a recruitment leaflet in addition to the one accompanying Client leaflet in particular areas and rounds for the combined purpose of recruiting new staff and as another means of backchecking deliveries.
TLD Plus 2: The distribution of the Client’s Promotional Material will be carried out with up to 2 additional Client’s leaflets. The Company reserves the right to include a recruitment leaflet in addition to the maximum 2 accompanying Client leaflets in particular areas and rounds for the combined purpose of recruiting new staff and as another means of backchecking deliveries.
TLD Plus 3: The distribution of the Client’s Promotional Material will be carried out with up to 3 additional Client’s leaflets. The Company reserves the right to include a recruitment leaflet in addition to the maximum 3 accompanying Client leaflets in particular areas and rounds for the combined purpose of recruiting new staff and as another means of backchecking deliveries.
TLD Solus, TLD Plus 1, TLD Plus 2 and TLD Plus 3 will never be distributed with other material which is in direct competition with the Client’s material.
TLD Solus and TLD Plus 1 have an estimated distribution window of 2-3 weeks. They also include the option of bespoke mapping and demographic targeting.
TLD Plus 2 and 3 has an estimated distribution window of 4-6 weeks. These services only offer the use of providers standard maps only.
Customers may occasionally provide us with 1 item which has an insert within their material. This is regarded as 1 item and we reserve the right to include such items into all of our TLD Plus 1, TLD Plus 2 and TLD Plus 3 distribution services.
- Promotional Material
The Client warrants that any Promotional Material they provide will not infringe any copyright or intellectual property rights of a third party and will not be abusive or indecent or defamatory. The Client will indemnify the Company for and against any loss, damage, costs, expenses or other claims arising from breach of this warranty.
The Company requires that the Client provides an adequate amount of promotional leaflets or materials (“Promotional Material”) to perform the Contract at least 1 week, but not 2 weeks, before the agreed beginning date. The Client must deliver this Promotional Material to the address expressly given by the Company and no other. The Company requires that all Promotional Material is securely boxed for delivery.
The Client must label all boxes clearly and accurately on the outside. This label must include the Clients company name, the invoice number provided by the Company and the amount of Promotional Material items within the box.
In the instance that a Client is supplying a number of different types of material which are relevant to a single invoice number, it is the responsibility of the Client to label every box with the relevant information which will allow the Company to store the items accordingly.
The Company holds no responsibility for any errors in the delivery process which arise because of boxes being incorrectly labeled or not labeled at all (especially in the case that different types of leaflets have been supplied).
On reception of the materials, all Promotional Material will be ‘counted’ using precision counting scales. The Company will always alert the Client to any significant discrepancies between items received and items invoiced. The Company will also grant the Client a choice of what to do with the surplus material, be it recycling the material, keeping it for a future distribution/adding to current invoice or collection by the Client. If the Clients’ wishes are not received before the end of the distribution, all surplus material will be recycled 14 days after the distribution is completed without further reference to the Client and without further liability.
The Company warrants that it will strive to procure the doorstep delivery of the Client’s leaflets/material to all addresses in the geographical locations agreed by the Parties (“Location”). This will be done by selecting personnel to carry out such obligations (“Personnel”).
All reasonable care and effort will be made to select the Personnel to deliver Promotional Material. All Personnel will be tracked by GPS loggers which they carry with them during their delivery rounds for tracking purposes.
The Company cannot guarantee that all Promotional Material will be distributed or that every address in the agreed Location will receive Promotional Material. This can be due to reasons such as access issues to properties, residents not wanting to receive leaflets/flyers or any other similar restrictions.
The Company is unable to guarantee timelines (unless the Company has agreed to do as much in writing). Every effort possible will be made in order to achieve the estimated timelines with the resources available to the Company.
The Company will do all it can to meet the agreed deadline for Guaranteed Services. In the instance that a number of Promotional Material items are distributed after the deadline has passed, the Company will provide a pro-rata refund for the amount of Promotional Material items distributed after the deadline date.
- Insolvency of the Client
In the event that the Client becomes insolvent; has a receiving order issued against him; commits an act of bankruptcy or makes any arrangement with his creditors; goes into liquidation; or the Company has reasonable grounds to suspect that the Client is about undergo any of the above events, the Company can upon written notice cancel the Contract.
In addition, any Price or part Price due in respect of the Services already performed which was not paid in advance becomes immediately due and payable.
The Company is given the right by the Client to have exclusivity to perform the Services using Personnel and it is a condition that it will not try to contract, or will actually contract, with the Personnel direct.
- Force Majeure
The Company is not liable to the Client for any failure or setback under the Contract which is not within its reasonable control, such as inclement weather conditions or illness of Personnel.
- 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.
Should the Company waive any breach of these Conditions or the Contract caused by the Client, it will not be treated as waiving any subsequent breach of the same or any other provision.
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.
- Entire Agreement
These Conditions and documents referred to in them are the entire agreement between the Parties and replace any previous agreements between the Parties.
- Law and Jurisdiction
English law governs these Conditions and each Contract and the Parties agree to the exclusive jurisdiction of the English Courts.
Tracker Leaflet Distribution is a trading name for Abracadabra Leaflet Distribution Ltd, company number 914 7370 23, Registered Office: Unit 2 Wellington Ind Estate, Basingstoke Road, Spencers Wood, Reading, RG7 1AW