Grange Direct

Terms and Conditions

1. Definitions
"Grange Direct" Grange Direct Limited.
"The Client" shall mean any person or body, company corporation or firm, for whom Grange Direct has agreed to perform mailing services. "Material" shall mean printed matter, computer discs and tapes, film or film related matter, labels, postage stamps, or components for mailings.

2. Applicability
These Conditions shall apply to all contracts entered into by Grange Direct and shall override any conditions or terms stipulated, referred to, or incorporated by the Client in his order or negotiations, and no variation to the terms and conditions will be accepted unless it is in writing and is agreed by a Director or Manager of Grange Direct.

These Conditions and all terms of the contract shall be governed and construed in accordance with the Laws of England and the parties submit to the jurisdiction of the English Courts.

3. Quotations
A quotation will be prepared and provided as a tender document and specifies the work to be carried out at the price given. A contract is made binding when the client returns a duly signed job quotation or gives verbal instructions to proceed with a job quotation.

Any changes in the way the job is to be executed must be noted in writing and accepted by Grange Direct.

Where increased costs are incurred due to market fluctuations and ruling prices of materials, postage, labour and insurance at the time of delivery or during the period of the contract Grange Direct reserves the right to charge such increases to the Clients account.

4. Postage
Quotations will include postage where applicable.

Postage will be required to be paid in advance of the release of the mailing and an Advance Postage Request will be raised to cover the best estimate of the postage to be used. Grange Direct shall not be liable for any delay in mailing resulting from the Client's failure to pay postage in advance. Overages and underages on postage will be accounted for separately from the invoices raised to cover services supplied.

If the Client has postage accounts with the Royal Mail, Grange Direct will require authorisation to hold and use posting books on behalf of the Client who will then be billed direct by the Royal Mail.

5. Material supplied
Grange Direct may reject any Material supplied by the Client if in its opinion it is unsuitable or of defective quality. Any additional cost incurred thereby shall be charged by Grange Direct to the Client.

Failure by Grange Direct to reject any material shall not imply its suitability and Grange Direct shall not be liable howsoever in respect of any failure, delay or defect in the work or default caused by the supply, or specification of unsuitable Material by the Client.

6. Timing of Material Supply
Material must be supplied at least 5 working days prior to production in an adequate quantity to allow for reasonable spoilage, according to the volume of the mailing involved. Where dates and/or timings are specified in the contract, the Client shall deliver lists, advance postage money or posting books, and mailing materials at the time agreed, and failure to maintain the timetable may result in movement of completion dates for which Grange Direct shall not be liable to the Client or any third party.

7. Indemnity
The Client hereby undertakes fully and effectively to indemnify and to keep indemnified Grange Direct from and against all costs, expenses, damages and losses in connection with any third party claims or proceedings whatsoever (including claims or proceedings settled by Grange Direct at its discretion) in respect of goods made or worked on or services carried out by Grange Direct pursuant to these conditions. The foregoing includes (but not by way of limitation) claims or proceedings relating to copyright, trade marks, patents and other industrial and intellectual property.

8. Force Majeure
Grange Direct shall not have any liability to the Client in the event of Grange Direct's failure, delay or default in carrying out any or all of its obligations hereunder to the extent that such failure or delay is due to any circumstance or cause beyond its control including without limitation, fire, flood, or other act of God or natural disaster, power failure, mechanical failure, or lack of or shortage of materials (not being due to the wilful act or wilful default of Grange Direct) or any strike, lockout, industrial dispute (whether or not within Grange Direct's control) or action taken by Grange Direct or any other person, firm or company in connection therewith or in contemplation consequence or furtherance thereof, or any delays caused by default of suppliers in late or incorrect delivery of materials required to complete the Contract whether those materials are ordered to be delivered by the Client or ordered on behalf of the Client by Grange Direct.

9. Obligations in Postage
Once mail has been accepted by the Royal Mail or other distributors Grange Direct's responsibility ceases. Grange Direct will however, at the request and cost of the Client, seek financial redress on behalf of a Client for Royal Mail or other distributors' failure to deliver.

10. Cancellation
Cancellation of all or part of orders already accepted by Grange Direct will be accepted only at Grange Direct's discretion, and Grange Direct may charge at its normal rates for all work carried out or expenses incurred in relation to the order before acceptance of the cancellation. Grange Direct may at its discretion render a cancellation charge of 20% of the original contract value. Any goods left on Grange Direct's premises by the Client will incur a storage charge at current rates.

11. List Broking
Grange Direct does not accept responsibility for the quality of lists bought or rented in, or provided by the Client or a third party, and cannot guarantee the results of any mailing, or accept liability in the event of a list not achieving the required level of response.

12. Terms of payment
Payment must be made within 30 days of invoice date, except Advance Postage Requests which must be paid before the mailing can be released for distribution. Accounts not settled within these terms will incur interest charges at the rate of 2.5% per calendar month. Grange Direct reserves the right to refer details of overdue accounts to a third party for collection purposes and claim the costs of recovery in full from the client. In addition Grange Direct may cancel or suspend any other contract to be performed for the same Client.

13. Right of refusal
Grange Direct reserves the right to refuse to execute any order or contract if the arrangements for payment or the client's credit are found to be unsatisfactory.

14. Unused materials
Any property or raw materials forming part of the contract in the possession of Grange Direct pending processing shall remain with Grange Direct who may claim a lien over them until such time as the contract has been completed and final payment made by the Client.

15. Confidentiality
Grange Direct undertakes to treat all clients work in the strictest confidence, and not to disclose any information to third parties without the express permission of the client.