Acceptance of orders – a) LS Media/A5 Lealfet.net contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the customer’s order or enquiries inconsistent therewith shall be of no effect.
b) The terms and conditions herein shall constitute the entire agreement between LSMedia/A5 Lealfet.net and any modification to these conditions will be binding only if it is evidenced in writing signed by a partner of the company and such evidence contains specific reference to those conditions being modified.
c) Acceptance of the customers order takes place when an order confirmation – email/fax/written/verbally is despatched/conveyed to the customer, or preliminary work is undertaken on the customers instructions.
d) We reserve the right to decline any order without giving any reason.
Currency – Payment for accepted orders must be in the currency agreed on the order confirmation or other written communication sent to the customer from ourselves detailing the order – fax/written/email. Without this written notification pounds sterling must be assumed.
Disclaimer – LS Media/A5 Lealfet.net disclaims to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, graphics, software, information, published on our web site, in our buying guides or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete.
Provision of the products, services, software, information is on an “as is” basis. In particular LS Media/A5 Lealfet.net disclaims without limitation, warranties of merchantability, fitness for purpose, non infringement.
Tax – Value added tax will be charged, if applicable, at the rate ruling on the date of supply whether or not included on the quote, order, invoice.
Preliminary work – All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
Supply of design data – A charge may be made to cover any additional work involved where the design data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results.
Where design data is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification. This includes any incompatibility or defects caused by differing software versions/ conflicting operating systems. All compatibility issues should be addressed by the customer to LS Media/A5 Lealfet.net before proceeding with the order. Any issues not addressed by the customer will not be the responsibility of LS Media/A5 Lealfet.net should the final order not meet the customers satisfaction.
Where we are aware defects in the data are so severe and cannot be remedied we will halt further processing awaiting your instructions. The work to this point will be chargeable.
Proofs – Proofs of all work may be submitted for customer’s approval and we shall incur no liability for any errors not corrected and communicated by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra.
Archived Designs – Designs are usually archived so enabling us to reprint, amend or extract data from previous orders. Retrieval and amendment of the designs is a chargeable service. We make no guarantee that files will be archived and retrieval may take up to 7 working days if stored.
Copyright – Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to LS Media/A5 Lealfet.net, except where the whole printed product design is uploaded, transferred to us by the customer or designed by the customer. The customer shall be responsible for all the design data they supply. He/she should obtain the necessary authority to reproduce picture, artwork, photographs, logos etc. The customer will indemnify us and our agents from any claim arising thereof.
Company imprint – Unless otherwise specifically requested in writing all designs will carry our company imprint which will be positioned at our discretion.
Delivery and payment – Should we fail to despatch within the agreed schedule, It is up to the discretion of LS Media/A5 Lealfet.net as to whether it sees fit to issue compensation in the way of increasing the order quantity at no extra charge or issuing any amount of refund. LS Media/A5 Lealfet.net uses a third party for all delivery services, and as such cannot be held directly responsible for any damages during transit, delay in meeting the agreed delivery schedule, or loss of order. In such an event, LS Media/A5 Lealfet.net will not be held liable for any damages or costs incurred, but will pass the details of the third party courier used on to the customer, so that the customer can then pursue the matter.
(a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b) Unless otherwise specified the price quoted is for customer to collect the order from LS Media/A5 Lealfet.net. Delivery of the work to the customer’ s address should be set out in the order if required and may incur an extra cost.
(c) Should expedited delivery be agreed, extra may be charged to cover any overtime or any other additional costs involved.
(d) Should any part of an order be cancelled at any time, an administration charge of 33% (or a minimum of £20) will be chargeable along with any costs incurred by LS Media/A5 Lealfet.net. Additionally, LS Media/A5 Lealfet.net does not offer a ‘cooling off period’ due to the nature of producing bespoke print on demand.
(e) Should work be suspended at the request of or delayed through any default of the customer for a period of 14 days we shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage.
Variations in quantity – Every endeavor will be made to provide the correct quantity ordered, but estimates are conditional upon margins for 5 per cent for work in black only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively)
Claims – Advice of damage, delay or partial loss of goods in transit or of non- delivery must be given in writing to us and the carrier within three working days of delivery ( or in the case of non-delivery within 28 days of despatch of the goods). All other claims must be made in writing to us within 28 days of delivery.
Limitation of Liability – a) The sole liability of LS Media/A5 Lealfet.net in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to i) making good by replacement or ii) repairing defects or failures which under proper use appear therein. b) Without prejudice to the foregoing, LS Media/A5 Lealfet.net shall in no circumstances be liable – i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from delay in transit of their goods.
Customer’s property – (a) Except in the case of a customer who is not contracting in the course of a business or holding himself out as doing so, customer’s property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should arrange insurance accordingly.
(b) We shall be entitled to make a reasonable charge for the storage of any customer’s property left with us before receipt of the order or after notification to the customer of completion of the work.
Materials/data supplied by the customer – (a) We may reject any paper, plates, data, media or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
(b)Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage. Credit terms – For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the Lloyds TSB Bank base rate at the time and an administration fee to cover the debt recovery costs.
Overdue Payments – If payment is not received within the agreed terms, LS Media/A5 Lealfet.net will instruct their solicitors to recover the amount due. The solicitors costs plus a £50.00 admin charge will be added to the amount due along with any interest accrued as in section (c)
Insolvency – If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, we without prejudice to other remedies shall (I) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to us, and (ii) in respect of all unpaid debts due from the customer we have a general lien on all goods and property of his in our possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
Illegal matter – (a) We shall not be required to print or design any matter which in our opinion is or may be of an illegal or libelous nature or any infringement of the proprietary or other rights of any third party.
(b) We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Printing – Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, we shall not be required to guarantee an exact colour consistency throughout a quantity or an exact match in colour or texture between the customer’s photograph or transparency, monitor display – local or over the internet, colour proof and the printed article.
Force majeure – We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to us elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
LEAFLET DISTRIBUTION TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS OF LS Media with regards to Leaflet Distribution
In these conditions the following words or phrases shall have the following meanings: “Client “as described in the Confirmation of Order and/or the person with whom the Company is contracting “Company” LS Media “Conditions” the Company’s standard terms and conditions hereinafter set out “Confirmation of Order” the Company’s Confirmation of Order/ Proforma Invoice form “Distribution Area” The area in which distribution is to take place as set out in the Confirmation of Order. “Price” The contract price as specified in the Confirmation of Order “Start Date” and “Finish Date” as specified in the Confirmation of Order “Stock” Items for distribution as described in the Confirmation of Order “Working Day” 9.00am to 5.00pm on any day other than a Saturday or Sunday or Bank Holiday in England and Wales. “Delivery Address” as described in the Detailed Bulk Delivery Schedule “Delivery Date” as specified in the Confirmation of Order “Detailed Bulk Delivery Schedule” the Company’s Detailed Bulk Delivery Schedule form “Special Instructions” as described in the Confirmation of Order 1. All quotations contracts and work undertaken by the Company are on and subject to the Conditions. 2. No order submitted by the Client shall be deemed accepted by the Company until confirmed in writing by the Company on a Confirmation of Order. 3.1 The Company will endeavor to carry out delivery of Stock between the Start Date and Finish Date but the Company reserves the right to vary both the method and time of delivery is at our discretion. Without limitation to the foregoing the Company shall not be liable for any delays in distribution and/or non distribution caused by circumstances beyond the Company’s control. 3.2 The Company will Endeavour to make distribution to as many residential addresses in the Distribution Area as reasonably possible. 3.3 The Company however shall not be liable for failing to distribute to any particular household or address nor for failure to achieve any delivery objective targets.
Supply of Stock
4.1 The Client is responsible for the delivery of the Stock to the Delivery Address stated in the Detailed Bulk Delivery Schedule by the Delivery Date
Stated on the Confirmation of Order
4.2 Stock must be supplied by the Client in secured and/or bound containers identifying clearly on the exterior of each container the number and identity of items of Stock contained. Each container with Stock is to weigh no more than 10 kilos. 4.3 In the event of Stock being delivered late or incorrectly the Company will Endeavour to carry out distribution, but distribution is not guaranteed in whole or in part and the Company will not be liable for any claim loss cost liability expense or demand arising from late distribution or non distribution.
Content of Stock
5.1 The Company reserves the right to refuse to carry out distribution of Stock at its absolute discretion if it considers it to be obscene, unlawful, dangerous, hazardous or otherwise unsuitable for distribution in which event the Client shall indemnify the Company against any claim loss cost
Liability expense or demand incurred by the Company
5.2 The Client shall indemnify the Company from and against all liability arising out of the form and/or content of the Stock. It is the responsibility of the Client to ensure that the Stock does not breach any legal requirement and complies with all proper requirements.
6. Any complaint in respect of the distribution must be made in writing provide the name and full address (including post code) of any alleged non delivery and must be received by the Company within seven days of the Finish Date of the distribution giving full details of the complaint alleged. If the complaint is not received within that period the Company will not be able to undertake the appropriate action to investigate and remedy the complaint and the Company will not be liable to the Client for the complaint or any claim loss cost liability expense or demand arising there from.
The Company’s Liability
7. Any liability of the Company to the Client shall be limited to the Price and the Company shall not be liable for any consequential loss or damage or any other claim loss cost liability expense or demand incurred by the Client or any other person. 7.1 The Company shall not be liable for any dishonest or fraudulent act of its employee’s agent’s contractors or subcontractors.
8.1 The Client shall indemnify the Company against any claim loss cost liability expense or demand suffered by the Company as a result of either, the Client canceling or terminating the contract between the Company and the Client or breaching any of the terms of the contract. 8.2 In the event of cancellation of the contract by the Client the Client will be liable to pay the full Price except in the following circumstances: 8.2.1 If the Company receives written notice of cancellation from the Client more than one calendar month before the Start Date the Client will be liable for 10% of the Price. 8.2.2 If the Company receives written notice of cancellation from the Client less than one calendar month but more than two weeks before the Start Date the Client will be liable for 25% of the Price.
9.1 The Client shall pay the Company the Price in full at least five full working days prior to the Start Date stated in the Confirmation of Order unless provided otherwise in the Special Instructions section of the Confirmation of Order. 9.2 The Company shall be entitled to alter vary or withdraw a quotation at any time. 9.3 The Company shall be entitled to increase the Price to reflect any increased costs to the Company up to the date of actual distribution on giving written notice to the Client.
10. The Company shall be at liberty to effect distribution by any means it sees fit including the use of subcontractors. The Company shall be entitled to assign its obligations under the Contract.
11. All Stock shall be at the risk of the Client at all times and the Client shall be responsible for insuring the Stock at all times both before and after delivery to or as directed by the Company.
12.1 Time shall not be of the essence unless otherwise agreed in writing by the Company and the Client. 12.2 The Company shall act as an independent contractor and not as an agent of the Client. 12.3 The knowledge information and data of the Company used in carrying out its obligations under the Contract shall remain in the ownership of the Company. 12.4 If, at anytime, any one or more of the provisions in these Conditions is or becomes invalid, illegal or unenforceable in any respect neither the validity, legality nor enforceability of the remaining provisions shall in any way be affected or impaired. 12.5 These Conditions shall be governed by and interpreted in accordance with English Law and the parties submit to the jurisdiction of the English Courts.
13.1 Any notice to be given under these Conditions shall be given: 13.1.1 by hand delivery; or 13.1.2 by sending it in a prepaid envelope by 1st class post; to the party concerned at its address or registered office for the time being or to such other address as the party concerned may have notified to the other; or 13.1.3 by sending it by email message to the email address of the party concerned; 13.2 any such notice shall be deemed served, in the case of service in accordance with clause 13.1.1 at the time of delivery; in the case of service in accordance with clause 13.1.2 48 hours after posting and in the case of service in accordance with clause 13.1.3 one hour after dispatch provided in each case that the time of deemed service shall be a working day. 13.3 In the event of the notice arriving at a time which is not a working day it shall be deemed served on the first working day after that. In proving service it shall be sufficient to prove in the case of a letter that the letter was properly stamped and placed in the post or delivered by hand and in the case of a facsimile message that it was duly dispatched providing the sender obtains confirmation of transmission.
Phone: 01455 285959
LS MEDIA 51 COVENTRY ROAD, BROUGHTON ASTLEY, LEICESTER LE9 6QB