The following words or phrases have the following meaning in our CONTRACT:
“Client “as described in the Order/Invoice is the person with whom the LADS-3D is contracting.
“Solus Distribution” meaning, your materials delivered on their own.
“Shared Distribution” Your leaflets delivered as part of a group of materials in any given area. LADS-3D undertakes not to deliver for two competing business at the same door/ area, as part of a “Shared Distribution”.
“Invoice” means commercial document issued by a LADS-3D to its clients clearly indicating/confirming the products, quantities, format and other specific details of materials soon to be distributed and agreed prices for our services. An invoice is a bona fide legal document.
“Confirmation of Order” is the reply by our company to the Client.
“Distribution Sector/Area” Depending on the delivery method will be described as “map provided by the client” “postcode sector level” or an “ administrative boundary area”
“Price” the contractual price as described in Order Confirmation.
“Start Date” and “Finish Date” as the dates that our Company confirms with the Client.
“Additional Instruction” when confirmed by LADS-3D as specified by the Client.
1. General
1.1. All work undertaken, prices and services provided by LADS-3D are subject to the Terms of Contract.
1.2. For any other service or transaction that takes place outside the terms of this Contract, to be valid, LADS-3D and the Client must agree in writing.
1.3. The client accepts to LADS-3D that is not acting as an agent for any other party. The Client is placing an order Only for their own materials.
1.4. The Client fully understands that LADS-3D is an independent service provider.
2. Services
2.1. LADS-3D undertakes to use all reasonable means to provide distribution services on the date and place as agreed and specified on the Confirmation Order. However LADS-3D will not be liable for delays caused by circumstances out of our control.
2.2. Our company will endeavour to distribute in as many addresses as possible in any given sector or area and will not be liable for failing to distribute to a particular household or address.
2.3. LADS-3D is an independent distribution company and will deliver in a accordance with its own techniques and strategies, the client does not dictate the way and manner on how the distribution should take place.
2.4. The clients understands that is not possible to deliver at every single address in any particular area.
3. Price & Payment
3.1. The Client must be aware that the price and the VAT is included in our Price List. Unless specifications vary and agreement is stated in writing the prices remain the same of those published on our official company’s website.
3.2. Price, is payable in advance. Exceptions are made on account holders or if a written agreement states otherwise..
3.3. Credit can be granted only in writing. If the client fails to honour this agreement LADS-3D reserves the right to cancel distribution, it considers itself released from further contractual obligation to distribute and store client’s materials and will take all necessary steps to recover the Debt. LADS-3D will suspend all credit conveniences accorded to the Client and recover interest at the same rate as Barclays Bank is charging at that particular time.
3.4. The client shall pay LADS-3D at least 10 days in advance for the delivery to take place.
3.4.1. For emergency and last minute delivery a written agreement about a payment plan must be in place. The client will endeavour to reimburse LADS-3D in the fastest possible way regarding payment.
3.4.2. Delivery will commence within 7 days of the payment being cleared by Barclays Bank.
4. Delivery of Materials
4.1 Our company will get the materials from the client’s premises or expect a delivery from the client or his printers at the time confirmed. LADS-3D is not liable for any losses anyone incurs from the actions of -3rd parties.
4.2. All promotional materials will be delivered to us in a safe and secure manner. Each box must be clearly marked with the company’s name and address or have a promotion material (i.e. leaflet) stuck in a visible place.
4.3. Every pallet must have a document visibly displaying the number of boxes, client’s name and address and the total number of promotional materials.
4.4. The client is responsible for confirmation of necessary requirements with his or her printers.
4.5. If and when the materials are received at a date later than confirmed, LADS-3D will do all it reasonably can to help the client. In this case LADS-3D may not be able to saturate the area as previously confirmed or fulfil the whole of the delivery.
4.6. If the materials are less in number than agreed, the client is responsible for delivering the remaining numbers to us, or ask for credit as the payment will not be effected.
4.7. If the materials are more than agreed, the client is liable to pay the difference in cases when they want the delivery to continue for any numbers outside of the agreed contract. Other ways the client is responsible for recovering the rest of materials from us.
5. Liability
5.1. The client bears the responsibility towards LADS -3D for any liability incurred by the content of the materials.
5.2. The Client bears full responsibility before the law of the land for whatever that is included in their promotional materials.
5.3. LADS-3D reserves the right not to accept, return or refuse materials that contravene our company policy and express disregard for the law.
5.4. LADS-3D specifies that is it unable to deliver exploitative, inflammatory, hate inducing materials, materials that promote hate and violence and adult materials.
5.5. The client undertakes, on reading and signing this contract, that a sample of the material will be send to LADS-3D before the Invoice is issued.
6. Costs.
6.1. Costs will remain the same as in the invoice.
6.2. In cases when LADS-3D are asked to carry out, or change to different delivery specifications once the Distribution has commenced, the client should be able to confirm this in writing and agree to cost reimbursement in the quickest possible way.
7. Terms of Warranty
7.1. LADS-3D endeavours to use any means reasonable to distribute the materials in the agreed sector/ location.
7.2. LADS-3D is unable to guarantee that each address within a particular area will receive a promotional material.
7.3. As a distribution service our concern is only with the delivery aspect of materials.
7.4. The client is fully aware that returns are independent of distribution. Our company does not make any claims concerning returns or sales increase.
8. Complaint Process.
8.1 Complains must be made in writing, providing the details of the claims.
8.2. All complains must be delivered to us within 5 days of the completion of the distribution, otherwise LADS-3D will be unable to investigate and where necessary remedy and make good, any area found by our own internal investigation not to have been completed.
8.3. If a claim towards our warranty is made concerning our distribution, LADS-3D can decide to re-do delivery in particular areas free of charge. This remains at our company’s discretion. If LADS-3D agree to re-deliver it is the client that will provide the necessary promotion materials.
9. Force Majeure
9.1. Force Majeure (or superior force) frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as strikes, riots, crime or act of God (e.g., earthquake, flooding), prevents one or both parties from fulfilling their obligations under the contract.
9.2. Both parties are required to notify each other in these circumstances, as soon as it is possible.
10. Cancellations & Notices
10.1. All cancellations and notices shall be made in writing.
10.1.1. Cancellations within 24h are refunded equal to 100% of the sum.
10.1.2. Cancellations within 5 days after that, are refunded at 85% of the total sum.
10.1.3. Cancellations requests made during distribution process, will be invalid.
10.1.4. Any notice, information or extra specifications the clients ask to be included in the distribution, after the confirmation order, remains at the discretion of LADS-3D.
11. Contractual Obligations
11.1 The client undertakes to use only our company during the delivery of the same promotion materials.
11.2. Our company undertakes no to deliver materials from competitors at the same area that may go against the commercial interest of the client.
12. Agreement and Law
12.1 The above conditions are the main reference of the contractual agreements between both parties. Distributor and the Client.
12.2. These Term remain subject of the English law. Any Commercial Law Agreement’s dispute that may arise during the course of this contract can and shall be challenged in English Courts.
12.3. The Company must inform the client in case one or more of these points have been broken and reserves the right to terminate the contract if it feels that it has to protect its own interests.
12.4 LADS-3D Ltd. endeavours to take all the reasonable steps to fulfil the above contractual agreement by providing all the necessary logistics for distribution of the client’s promotional materials.