Terms & Conditions
DEFINTIONS
In these terms and conditions the “Customer” refers to the person, individual, Firm, Company or Corporation placing an order and “Parade” refers to Parade Marketing Limited and its strategic partners. “Sales” refers to sales people, its strategic partners, professional services, data and software “Contract” refers to any quotation, contract documentation, order or order acknowledgement. The “Client” refers to the “end user” who has contracted to the “Customer” for the goods, services or products introduced to them or through a connected third party by Parade Marketing Limited.
GENERAL PROVISIONS
(a) These terms and conditions shall prevail over any printed or conflicting terms contained in the Customer’s Purchase Order and may be modified or waived only by a written agreement signed by the authorised representatives of Parade.
(b) Any notice required to be given hereunder shall be given by sending the same by first class registered post, addressed to the party required to be served at the address for such party shown in this Agreement or such other address as he shall have given forty-eight hours after the time of posting and service thereof shall be sufficiently proved by proving that the notice was duly despatched through the post in a prepaid envelope addressed as aforesaid.
PRICE
Prices quoted are firm for period of (30) days on Sales from the proposal or quotation date, subject to the following errors and omissions.
Quotations for product services are based upon our knowledge of the Client’s requirements and specifications and are not valid if significant specification changes to product or service are required.
For any Client supplied materials, prices will be subject to sight of the delivered material.
Any time period outlined in a proposal or quotation should be seen as a minimum estimate based on known requirements to date.
Any unavoidable increase in the cost to Parade of bought out items, data charges, services, materials or changes in exchange rates between contract date and date of dispatch will be passed on to the Customer.
Expenses incurred shall be charged at cost unless otherwise agreed
All prices are exclusive of collection / delivery, VAT, Sales, or Services
DELIVERY
Whilst every reasonable effort will be made to meet any stipulated delivery date, delivery will not form part of the contract. In no event shall Parade be liable for loss of profits, injury to goodwill or any special or consequential damage for any delay of non-performance. If the Customer shall fail to accept goods or services at the appointed time, then he shall be responsible for all cancellation fees, costs of further delivery, and storage charges if and when occurred as a result of the cancellation.
DESIGN AND PRINT
When materials are supplied by the Client, every care will be taken to secure the best results. However, no responsibility will be accepted for imperfect work caused by the unsuitability of such materials. Adequate quantities should be supplied to cover spoilage/overs. Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 percent for single colour work and 10 percent for other work being allowed for overs or shortage. These will be charged/deducted accordingly.
Proofs of all work are submitted for Client’s approval and Parade will not accept liability for any errors not corrected by the Client in proofs so submitted. Customer’s alterations at proof stage will be charged extra.
Reproduction of all photographs, artwork and pictures used is the responsibility of the client to obtain the necessary authority.
SUPPLY OF CLIENT’S MATERIAL
Completion will be scheduled in accordance with your advised delivery dates. Any subsequent change to these may incur a delay in processing your order. Goods should be packed and presented as per specifications advised. 10% overs are required on all mailing work to allow for spoilages etc.
Where Parade lays on staff for urgent fulfilment, these costs will be charged to client.
Computer stock reports cannot be guaranteed accurate where there are inconsistencies in delivered amounts. Physical counts can be arranged within 48 hours of requests.
DELIVERIES
Delivered literature should be suitably packaged and palletised with contents and quantities clearly marked on each carton. A full delivery note should accompany all deliveries, stating: content, overall qty, qty of pallets, qty of cartons, qty per pallet and qty per carton.
Warehouse staff will be available for receiving deliveries Monday - Thursday 8.30 am to 4.30 pm., Fridays 8.30 - 3.30 pm.
Over material will be held for a period of 14 days and disposed of unless otherwise advised.
Deliveries out of these hours can be made by prior arrangements.
Client’s Property - all goods and literature supplied to Parade by or on behalf of a client will be held, worked upon and carried at client’s own risk. The responsibility for insurance on such goods is held to be with the client.
CLIENT’S DATA
All data will be held in the strictest confidence and will not be released without prior written instruction from the owner. Data not supplied as specified may involve a time delay and extra charge. Parade is registered under the Data Protection Act, Registration no PZ6686206
MAILING LISTS
From receipt of written order, lists should be despatched within ten working days unless otherwise advised. Rental of list is for a one-time use only for mailing purposes and may not be copied or reused unless otherwise agreed. A small number of dummy names are included in lists to monitor usage.
EMPLOYMENT OF PERSONNEL
Subject to the prior agreement of Parade, the client shall not solicit or induce to employ, whether as an employee, agent, partner or consultant, any employee of Parade directly associated with the proposals in this supply agreement.
STANDARDS
We operate to a high standard of performance, but any dissatisfaction with work carried out must be notified in writing within 28 days to enable us to take action. After this any re-imbursement cannot be guaranteed.
SALES OR SERVICE
Any sales or services specified is offered subject to availability and Parade reserves the right to substitute equivalent and compatible Sales and to sub-contract any services at its discretion. Services are based on an 8-hour working day with services provided outside of the UK being subject to any surcharges at cost. Any additional hours requested by the customer will be charged in addition to those quoted. These hourly rates are available upon request.
PAYMENT
Unless otherwise specifically agreed in writing, payment shall be made as hereafter provided.
(a) Sales and services; Credit Customers subject to credit authorisation – All Postage costs will be invoiced prior to mailing. Mailing will not occur until payment for postage has been received.
Payment for supplies must be paid at the time the order is placed. All service charges are due strictly 30 days from date of invoice.
(b) Sales and services; Non-Credit Customers – All Postage costs will be invoiced prior to mailing. Mailing will not occur until payment for postage has been received. Advanced payment required for supplies and service against pro-forma invoice for all or a proportion with the balance due on delivery or completion.
(c) Title to all sales and services remains with Parade until paid for in full.
CANCELLATION
Any postponements or cancellations will be sent in writing, by fax, post or e-mail. If they are only made by telephone, the initiating party will confirm the cancellation in writing. In the event of postponement or cancellation by the Customer the following scale charge against the invoice raised will be payable; 100% if cancelled up to ten working days prior, 50% if cancelled up to twenty working days prior. Any expenses incurred to date will also be charged at cost. During the term of the contract either party shall have the right to terminate the contract subject to 40 days notice.
INTELLECTUAL PROPERTY RIGHTS
All specifications, propositions or technical descriptions submitted with or in connection with Parade copyright. Shall be the property of Parade. All such copyright material and all information and “know-how” whenever supplied shall at all times be treated by the Customer as confidential and shall not without Parade consent be used by the Customer except for the purposes of:
(a) Adjudicating the tender.
(b) The contract (if any) placed with the seller and or its strategic partners
(c) The operation of the service supplied there under nor shall they without Parade consent be communicated to third party save insofar as may be necessary for the permitted purpose.
CONFIDENTIALITY
(a) The Customer undertakes to treat as confidential all information contained or embodied in any data base or computer system or document made available to it and shall not, save as provided in clause 8 disclose the same in whole or part to any third party without prior written consent from Parade.
(b) The provision of sub-clause 8(a) shall not apply to information which:
(i) Is in or comes within the public domain other than by breach of confidentiality by the Customer and/or
(ii) Was already in possession of the Customer prior to receipt of information from Parade. and/or
(iii) Is received from a third party free from restriction
(c) The Customer shall effect and maintain reasonable security measures to safeguard the information from theft, or any access by any person other than employees of the Customer in the normal course of their employment.
(d) The foregoing obligations as to information from Parade shall survive for five years after termination under this agreement, howsoever caused.
COPYWRIGHT, DATA PROTECTION AND THE BRITISH CODES OF ADVERTISING AND SALES PROMOTION
We have an obligation to uphold at all times, in letter and in spirit, the British Codes of Advertising and Sales Promotion, and laws pertaining to Copyright and Data Protection. Our acceptance of work from clients is based upon the understanding that the Client warrants that any material or data supplied meets these obligations and in particular that any data supplied by the Client for processing has been cleaned according to the latest files of the Mail Preference Service, the Telephone Preference Service and the Fax Preference Service.
CONSEQUENTIAL LOSS
Not withstanding any other provision of this Agreement in no event shall Parade be liable for indirect or consequential loss of whatever nature, howsoever caused, including but not limited loss or spoiling of data or materials whether occurring in contract, tort, and negligence or otherwise. The Customer will be responsible for insurance of any hardware and software, which is held with Parade or representatives during implementation.
LIABILITY
The Customer acknowledges that Parade does not and shall not have any liability to the Customer (whenever in contract or tort) for any indirect, incidental or consequential loss or damage (including, but not limited to, loss of programs or data, loss of use of equipment and loss of profits) however caused, including costs associated with the use of additional personnel used to aid recovery from such a loss except for liability for death or personal injury to the extent that the same arises from the negligence of Parade, its employees agents or authorised representatives. The Customer warrants that equipment not supplied by Parade is properly licensed and comes from a legitimate source where trial software is supplied the Customer must purchase or cease to use the software at the end of the trial period.
FORCE MAJURE
If owing to war, act of God, civil commotion, government order, strikes, lock-outs, fire, accident, prohibition of exports or imports or inability to obtain any export or import or other license, shortage of labour, materials, fuel, power or transport, or any other cause whatsoever beyond the control of Parade, Parade is unable to make delivery of service, sales or goods. Parade may cancel any order so far as it relates to the delivery in question.
WHOLE AGREEMENT
This agreement constitutes the entire Agreement between Parade and the Customer as to the subject matter hereof and supersedes all previous communication, representations and agreements, whether written or oral and the Customer hereby acknowledges that no reliance is placed on any representation made but not embodied in this agreement.
LAW
The parties hereby agree that any agreement between them and constituted on the Terms and Conditions shall be construed in accordance with the laws of England.
