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Terms and Conditions for the Supply of Goods
Newspread Limited
(The Company)
1. Requests for the supply of
goods should be made by the applicant (the customer) on the Company’s account
applications form which must be accompanied by a duly completed Direct Debit
Mandate and Bank Guarantee Form. The Company reserves the right to refuse to
supply the customer and is not obliged to give reasons for this decision.
2. The customer and Newspread
agree to operate within and apply the Code of Practice for the Press Industry
(COPPI) as updated from time to time. In the event that there are differences
between the Code of Practice for the Press Industry and these terms and
conditions, the provisions of these terms and conditions shall take precedence
until such time as the customer is advised to the contrary in writing by
Newspread. A copy of this agreement is available at www.newspread.ie or on
request to our customer service department.
3. As security against
non-payment of account, all new customers are expected to lodge a deposit of
€2,500 with the company. This deposit will be non-interest bearing and will be
set-off against any monies due to be company at any time. At termination of
trading, any remaining part of the deposit will be repaid to the customer after
all outstanding amounts due have been cleared fully.
4. When the customer is a limited
company or a partnership, the company will require personal guarantees to be
signed by all directors of the company or all partners of the partnership.
5. All accounts must be paid to
the company by weekly variable direct debit and payment in full (Total invoice
value) is due on receipt of invoice / statements.
6. The Company will provide all
invoices, credit notes and other documentation by electronic means, either by
email or online on the Company’s
website, www.newspread.ie.
7. Duplicate invoices are
available at www.newspread.ie and may be requested by the Customer upon payment
of an administration fee details of which are available on request.
8. Non-payment or part payment of
accounts when due will lead to the withdrawal of supplies and may ultimately
lead to termination of the agreement to supply. If Supplies are withdrawn for
non-payment of an account, the company will require payment of an amount
equivalent to the cash value of two months invoices [based on the two months
immediately prior to the cessation of supplies] as well as the amount currently
outstanding by way of cash or bank draft, before supplies can be re-instated.
The two months value will be help as an additional deposit in accordance with 3
above. The Company reserves the right to apply an administration fee for the
processing of unpaid accounts.
9. The company’s Returns Claim
Procedure for magazines and newspapers is outlined in COPPI. The Company shall
accept no liability for any Titles which were not supplied by the Company but
which have been erroneously included in the Returns.
10. The customer is not entitled
to make deductions for unsolds from the weekly account. Eligible claims for
unsolds will be processed as shown on the invoice / statement as soon as
possible after receipt. If any claims are found to be incorrect or unjustified,
the entire return claim for that issue may be disallowed at the absolute
discretion of the company. If return claims are regularly found to be incorrect
or unjustified the entire claim may be disallowed.
11. A recommended retail selling
price to include the current rate of VAT applicable will be advised in relation
to each Publication supplied. This is a recommended price only.
12. Publications may not be sold
to a third party for re-sale without the company’s prior written approval.
13. The sale of publications is
restricted to the address of the place/s of business provided by the customer
and noted in the company’s records and the publications supplied must not be
displayed, collected, distributed or sold from any other premises without prior
written consent from the company.
14. The sale or offer for sale by
the customer of any publication supplied by the company with its logo, masthead
/ and or barcode removed, will lead to immediate cancellation of this
agreement, withdrawal of supplies and if necessary further legal action. The
customer is not entitled to tamper with or modify publications supplied by the
Company without the company’s prior consent.
15. The customer will supply The
Company upon request with sales reports, returns and other information relating
to the business in such detail as the Company may reasonably request.
16. The customer will accept
supplies of new and promoted titles in accordance with COPPI.
17. The customer agrees that data
held either on computer or otherwise concerning the retail outlet and titles
supplied by or returned to the Company may be transferred by electronic or
other means to any party for marketing purposes and any information or data
transferred shall at all times be in compliance with any applicable laws and
regulations.
18. The Company will not be
responsible for any loss that a customer may incur as a result of its failure
to supply, or delays in delivery, or for the safety of publications after they
have been delivered to the customer premises.
19. It is essential that a
suitable and secure location be provided by the customer for the safe receipt
of publications at the customers premises, no claim will be entertained for
missing or damaged publications.
20. Risk in the Publications and
Materials shall pass to the Customer on Delivery.
21. The publications delivered by
the Company to the Customer shall remain the sole and absolute property of the
Company as legal and equitable owner until such time as all money due to the
Company has been paid to the Company, but shall be at the Customer's sole risk
in accordance with clause 19. The customer irrevocably grants the company the
right to enter upon the premises of the customer in order to recover, reclaim,
identify or secure the property of the Company.
22. The Company expects that an
adequate supply of all publications must be held and properly exhibited for
sale and made available for purchase to all patrons of the customer at all
times.
23. A weekly distribution service
charge will apply and the details of this charge will appear on the
invoice/statement. The company reserves the right to review and revise the
service charge from time to time giving notice in line with COPPI.
24. This agreement is not
transferable or assignable by the customer, without the prior written agreement
of the company. A customer who wishes to apply for the transfer of its
newsagency account, must make such application in writing and provide such detail
of the proposed transfer as the company may require. A refusal to transfer or
assign a customer newsagency account shall be at the absolute discretion of the
company. Without prejudice to the generality of the forgoing, no application
for the transfer of a newsagency account will be considered by the company
until any accounts of a newsagency business carried on at the same premises as
the customer’s shall have been discharged. Any deviation from this condition
shall be solely and entirely at the absolute discretion of the company.
25. The customer should advise
the company of all queries in relation to non-delivery or shortages as set out
in COPPI.
26. No neglect, delay or
indulgence on the part of the company in enforcing any of these terms and
conditions of business shall prejudice the strict rights of the company or be
construed as a waiver of these terms and conditions.
27. Acceptance of supplies of
goods will constitute evidence of the customer’s agreement with these terms and
conditions of business. These terms and conditions will come into effect as and
from Monday 5 October 2009 or such later date as the company may advise in
writing.
28. Where the legal status of the
customer’s business has changed to a limited company or a partnership or to the
status of a sole trader, the company must be advised immediately in writing. In
any of these circumstances, a new application form together with Direct Debit
mandate and personal guarantee forms, must be completed by the customer.
29. Failure to comply with any of
the terms and conditions of business may lead to the discontinuance of supplies
and termination of this agreement.
30. The Company Reserves the
right to alter / change any or all of these conditions from time to time.
31. To terminate this agreement please send a letter
of termination, by registered post, to Newspread Limited, Unit E
Greenogue Logistics Park, Newcastle Rd., Rathcoole, Co. Dublin, D24 W56T.