Terms and Conditions

Standard Terms and Conditions of List Rental and Trading.

1. Application of Conditions

a. In these conditions;
the "Supplier" means Data Locator Group Ltd trading A-Mail Academic; the "Buyer" means the individual firm, company or other party with whom the Supplier contracts; "the materials" shall mean the lists, articles or things or any of them comprised in the Contract between the Supplier and the Buyer.

b. Any agreement made between the Supplier and the Buyer for the sale or use of materials by the supplier to the Buyer ("the Contract") shall incorporate these Terms and Conditions and any representation or warranty made by or on behalf of the Supplier prior to the date of the Contract whether orally or in writing is hereby expressly excluded and shall be of no effect.

c. No variation of any of these terms shall be binding upon the Supplier unless made in writing and signed by one of its directors.

d. Unless otherwise agreed in writing by one of the directors of the Supplier, these conditions shall override and supercede any terms and conditions stipulated, incorporated or referred to in any other document or during pre-contract negotiations. In the event of the Supplier entering into the Contract without having submitted a written quotation but in circumstances when the Buyer has had prior notice of these Terms and Conditions, then all material supplied shall be subject to these Terms and Conditions.

e. The Supplier reserves the right to insist that the Buyer notifies it in writing of the full name and address of the Buyer and all its branches and where the Buyer is a limited company its registered office and the names of all persons who have authority to bind the Buyer. If the information is not provided within seven days of request therefore by the Supplier, the Supplier may terminate the Contract and the rights and liabilities of the parties shall be the same as if the Contract had been cancelled in accordance with the provisions of Terms and Conditions 4a). Signed Acceptance of goods at the mailing house, will not signify absolute acceptance that the quantity shown on the delivery note is the quantity received, only that "Goods" have been received.

f. The Supplier reserves the right to assign, sub-contract or sub-let the fulfilment of the Contract or any part thereof. The Buyer shall not be entitled to assign the benefit of burden of the Contract without the consent in writing of the Supplier.

2. PRICE

a. Unless the Supplier otherwise agrees in writing, the price for the materials shall be as follows:

• The rental charge for the use of a list
• The cost of the materials on which the list is supplied
• The fee schedule for exchanges.

The price appears in the Suppliers list rental rates and fee schedule from time to time but the Supplier reserves the right to increase the list rental rates and fee schedule at any time.

b. Additional charges shall be payable for:

• Limited or additional selection from any list
• Preliminary work produced by the Supplier at the Buyer’s request whether experimentally or otherwise
• Matters arising pursuant to Terms and Conditions 3 and 4
• All postage (gross)
• Mailing carried out by the Suppliers on the Buyer’s behalf

c. VAT is payable (whether or not mentioned in any quotation or invoice) in addition to the price and any additional charges.

d. Gross postage must be pre-paid by the Buyer one week before the proposed despatch date.

e. Payment is due to the Supplier within 30 days of the invoice date. The Supplier reserves the right to invoice the Buyer in whole or in part in advance of the materials or part thereof being despatched.

f. The Supplier reserves the right to change interest on any overdue amount at the rate of 3% per month. See also Terms and Conditions 7.

3. Delivery and Time

a. The Supplier shall notify the Buyer when the materials are available for collection by the Buyer. Alternatively, the Buyer may request the Supplier to deliver the materials to him or his nominated clients, in which case the Supplier shall be entitled to charge the Buyer for the costs and expenses of such delivery. Delivery shall be deemed to have taken place when the materials are handed into the custody of the person collecting the materials on behalf of the Buyer, when posted or delivered into the custody of any carrier or messenger, whether appointed by the Buyer or the Supplier.

b. Whilst the Supplier shall make every effort to complete the Contract within the time quoted, time shall not be of the essence of the Contract unless specifically agreed by the Supplier in writing.

c. In the event of the Buyer requesting expedited completion of the Contract the Supplier shall use his best endeavour to complete the contract in accordance with the Buyer’s request but shall be entitled to charge the Buyer for any overtime or other additional costs necessitated by or in connection with the request.

d. The delivery of material to the Supplier is the Buyer’s responsibility but if collection is undertaken by the Supplier it will be at an extra charge and at the Buyer’s risk.

e. The Supplier shall be entitled to charge for the storage of material which remains in its warehouse or a warehouse of any of its group companies for more than two weeks.

f. Should the Supplier at the Buyer’s request be able to expedite despatch the Buyer will bear any additional charge or cost associated with such expedition.

g. Although the Supplier will take reasonable care of the materials for despatch, the Supplier shall not be liable for damage or loss.

h. Materials should be supplied in sufficient quantities to cover spoilage.

i. Surplus materials will be destroyed 7 days after the earliest date of despatch unless return at the Buyer’s expense and risk is requested at the time the Contract is entered into.

j. The quantities despatched will be deemed to be those ascertained by the Supplier and stated in its final account. Proof of posting from the Royal Mail will be provided on request, and will be deemed to be final, actual proof of quantities mailed by all parties.

4. Cancellation

a. The Supplier shall be entitled to cancel the Contract and any future Contract:

• In the event of the Buyer failing to make payment to the Supplier under the account facility or in any other case.
• In the event of the Buyer failing to give instructions for delivery or collection of the material.
• In the event of a Receiver being appointed over the whole or any part of the assets of the undertaking of the Buyer or a Winding-up order is made against the Buyer or the Buyer goes into liquidation or cause a meeting or make any arrangement with his creditors or commits any act of bankruptcy
• In accordance with Term and Condition 7.
• If the Buyer shall, in the Supplier’s opinion, have breached the provisions of Term and Condition 6. In any such case, the Supplier shall be entitled to charge the Buyer any costs, charges, or expenses (both direct and consequential) incurred by the Supplier by reason of such cancellation and the Buyer will reimburse the Supplier forthwith.

b. Cancellation of the Contract by the Buyer will only be accepted at the sole discretion of the supplier and, unless otherwise agreed in writing, but without imposing any obligation on the supplier only upon condition that any costs, charges or expenses (both direct and consequential) incurred by the Supplier up to the date of cancellation and the value of all loss or damage (both direct and consequential) incurred by the Supplier by reason of such cancellation will be reimbursed by the Buyer to the Supplier forthwith. Acceptance by the Supplier of any cancellation by the Buyer will only be binding upon the Supplier if it is made in writing.

5. Suppliers Rights and Obligations

a. Quotations of the number of names and addresses included in a list are approximate only.

b. A small percentage of dummy names and addresses shall be included in all lists to enable the Supplier to monitor usage.

c. No warranty is given as to the accuracy of the list and the accuracy of the list is not a condition of Contract. Without prejudice to the foregoing allowance must be made by the Buyer when the Buyer has requested expedited delivery of the materials.

d. Whilst every effort is made by the Supplier to supply accurate information on the list rented, the Supplier does not guarantee the result of any mailing or accept liability in the event of failure.

e. Whilst every effort is made by the Supplier to supply accurate information on the list rented, some postal addresses may appear different to the subjects selected by the buyer. The supplier can accept no responsibility for this as the information is supplied direct from the academic institution and is accepted by the supplier as being accurate and up-to-date.

f. Liability is not accepted by the Supplier for any loss resulting from non-delivery of mail.

g. Information concerning postal regulations will be given by the Supplier at the request of the Buyer, but on the strict understanding that no responsibility is accepted by the Supplier of the accuracy of such information. The Buyer should refer to the Royal Mail.

h. Damages for consequential loss or otherwise in respect of any claim by the Buyer arising out of or in connection with the materials or their supply or any breach of Contract by the Supplier shall, in any event, be limited to the price of the Contract.

i. Any agreement with regards to mailing gone-aways or "nixies" rebates, will at all times be subject to our invoice having been paid, on time and in full, and the gone-aways having been sent back within 3 months of the list order being placed. See also Term and Condition 7.

6. Buyers Rights and Obligations

a. Unless the Supplier shall indicate in writing the Buyer shall be entitled to use the materials once only on the date and for the purpose specified by the Buyer at the time of entering into the Contract and using only materials approved by the Supplier.

b. The Buyer shall not be entitled to pass on, disclose or otherwise communicate the list or any part thereof or information extracted there from to any addressing bureau, computer bureau or any other third party without the written permission of the Supplier.

c. Copyright in lists, envelopes, labels, data contained on magnetic tapes and all other such materials supplied by the Supplier shall at all times remain with the Supplier.

d. Whether or not the Supplier shall have seen copies of the items to be mailed by or on behalf of the Buyer, the Buyer warrants that such items contain nothing which infringes copyright or is defamatory, obscene, indecent, or otherwise illegal and unlawful, and shall keep the Supplier fully indemnified against losses, costs, charges and expenses of whatsoever nature arising out of or in connection with a claim that such items infringe copyright, are defamatory, indecent or otherwise illegal or unlawful whether or not such claim is upheld and justified.

e. The Buyer shall be liable for loss or misuse of a list whilst in his care, or in the care of his agent, mailing bureau, etc. It will be deemed a misuse of a list if the list having been supplied for mailing is used for telephoning or for any activity other than the purpose for which it was originally provided.

7. Force Majeure

Notwithstanding the provisions of Terms and Conditions 3b) the Supplier shall not be liable for any loss suffered or incurred by the Buyer as a result of the Supplier being unable to perform the Contract by reason of any act of God, war, lockout, strike, fire, flood, delay in transit, postal delay, riot or any other unexpected or exceptional cause or circumstance beyond the Supplier’s control, in which case the Supplier shall be entitled to cancel the Contract or delay the performance thereof for as long as reasonably necessary.

8. Enforceability

If at any time any one or more of the provisions of these conditions becomes invalid, illegal or unenforceable under any law or is held by a Court to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

These Terms and Conditions shall prevail over and supersede any inconsistent terms of the Contract and/or your order

9. Jurisdiction
These Terms and Conditions and each and every Contract pursuant thereto shall be governed by and construed in all respects in accordance with the laws of England, and the Supplier and Buyer hereby agree to submit to the jurisdiction of the England Court.