AUTOMATED MAILING, INC. (“AMI”)
TERMS AND CONDITIONS
1. Quotations:
Quotations are good for thirty (30) days. Quotations are based
on the cost of labor and materials on the date of the quote. If changes occur in cost of materials, labor
or other costs prior to acceptance, AMI reserves the right to change the price
quoted. Subsequent orders will be
subject to price revision if required.
Quotations do not include applicable taxes, postage, and shipping costs
unless specifically stated.
2. Cancellations: Orders may be
cancelled by the Client at any time by notice in writing with the understanding
that AMI will be compensated in full for any work or services performed prior
to cancellation, plus the cost of any goods or services purchased for the order. AMI reserves the right to impose a
cancellation fee.
3. Alterations/Specifications: Prices
quoted herein are based upon our understanding of the specifications
submitted. If there is a change in
specifications or instructions resulting in additional costs, the work
performed will be billed at AMI’s prices for the additional work and the
mailing date may be delayed.
4. Postage:
Quotations do not
include postage. Advance payment of
postage is required on all orders.
Postage must be provided 48 hours in advance of the mail date unless
otherwise agreed upon.
5. Acceptance of Order: The
Client agrees that AMI may refuse at any time to mail any copy, photographs or
illustrations of any kind that in AMI’s sole judgment believes is an invasion
of privacy, degrading, un-American, libelous, unlawful, profane, obscene,
pornographic, tends to ridicule or embarrass, or is in bad taste, or which, in
AMI’s sole judgment, is an infringement on a trade mark, trade name, service
mark, or copyright belonging to others.
The Client also agrees to defend and hold AMI harmless in any suit or
court action brought against AMI for alleged damages, costs, photographs or
illustrations that is felt by others to be degrading, libelous or harmful to
their reputations, images or standing in the community or which in AMI’s sole
judgment is an infringement on a trade mark, trade name, service mark or
copyright belonging to others or in a suit or court action brought against AMI
for actions of the Client’s employees which may occur as a result of any
mailing. AMI requires written
confirmation of Client’s order. This
could be Client’s Purchase Order or a written acknowledgement of AMI’s signed
quote.
6. Mailing Lists: Client’s mailing
list(s) in AMI’s possession, for storage or otherwise, is the exclusive
property of the Client and shall be used only at the Client’s
instructions. Client assumes
responsibility for replacement of such lists in the event of loss by fire, vandalism,
theft, computer malfunction or other such causes.
7. Materials: AMI assumes in all quotations that all
material provided will permit efficient handling on automated equipment and
meets equipment manufacturer’s published specifications. Materials furnished that are within manufacturer’s
specifications, but which are not up to acceptable operational standards due to
poor folding, facing, trimming, packing, sticking together of material,
insufficient leeway between enclosures and envelopes, square envelope flaps or
other causes, will be subject to pricing at special rates. Client will be notified when a deficiency is
discovered and approval will be obtained for handling at special rates before
proceeding with work and a new delivery schedule may result. All direct mail handling and processing
involves spoilage. Allowances for
spoilage should be taken into consideration when ordering material. Every effort will be made to handle Client’s
material with frugality and to prevent undue spoilage. Nevertheless, AMI cannot accept responsibility
for shortages of material as a result of normal spoilage in processing. All stock and materials belonging to a
Client will be held and stored only at the Client’s risk and the Client shall
be responsible for insurance on his material.
Reasonable and customary pick up and delivery charges for Client’s
materials by AMI will be assessed unless otherwise agreed upon. Printer delivery tickets must accompany the
material delivered and should show the number of skids or cartons, the quantity
per skid or carton and the total delivery quantity. Each carton or skid must have a quantity and sample clearly
visible. Each skid must have only one
material version unless clearly marked and separated. AMI accepts printers’ counts until processing and assumes no responsibility
for shortages discovered at that time.
8. Labels:
Labels must be
within equipment manufacturers’ published specifications for labeling
equipment. Quoted prices assume that
label placement will be in the position most advantageous to production speed,
or additional charges will be billed.
9. Data Files on Electronic Media: Data
files must be in a standard format. A
field layout and a data dump must accompany the e-mail, disk, tape or other
media format. The Client assumes sole
responsibility for the integrity of the data.
10. Inserting Sequence: Effort
will be made to insert material in the sequence and facing the direction the
Client requests. Quoted prices assume
the most advantageous production speeds and specified sequence or facing may
result in additional charges being billed.
11. Overages:
The Client must
advise AMI of the disposition of overs in advance of the job. Overs may be returned to the Client, stored,
or destroyed. Storage and delivery
charges will be added when applicable and material will be automatically
destroyed after 30 days unless prior arrangements are made.
12. Delivery Schedules: AMI will make every effort to meet
scheduled delivery and mailing dates, but accepts no liability for failure to
meet any requested delivery dates. In
addition, AMI has no control over U.S. Postal Service delivery schedules and
cannot guarantee when mail deposited will be delivered by the Postal Service. All orders are accepted contingent to fire,
accident, act of God, mechanical breakdown or other cases beyond AMI’s
control. Since the time element is an
integral part of our business, quoted prices are based upon a specific set of
time schedules for completion. Any
requested deviation from the schedules described or agreed upon by both parties
at commencement of order may alter the quoted price. Late material may affect the completion date of the order by a
greater degree than the actual elapsed time the material is late.
13. USPS Acceptance: AMI will preview the
specifications of all mailings for compliance with the USPS acceptance system,
including presorting, weight and piece counts, address and barcode readability,
tray label accuracy, and mail piece dimensions. AMI assumes no liability for any increased postage or additional
costs relating to non-compliant mail.
14. Errors in Mailing: AMI shall be liable
only to the extent of remailing a correction or corrected job as soon as
possible to rectify the mistake and allowable damages shall be limited to the
cost of the services provided by AMI.
In no case is AMI liable for loss of business, implied or consequential
damages.
15. Terms:
AMI’s standard terms
are net 30 days. If the Client has
delinquent invoices, AMI reserves the right to refuse work, stop work or impose
a finance charge not to exceed 18% per annum on delinquent invoices. AMI may also hold Client’s materials until
payment has been satisfied.
(7/8/03)