Terms and Conditions
1. Right to vary terms
As at 1 October 2006 these Terms and Conditions are accurate, but Team Delivers reserves the
right to alter any of these on giving 10 working day’s notice to the client. The client shall have the
right to cancel their order within 5 working days of any such notice.
2. Entire agreement
The agreement, which incorporates the Team Delivers Terms and Conditions of Service shall constitute
the whole of the agreement between the parties relating to the services offered by Team
Delivers. No further or different terms and conditions shall be applicable or valid unless confirmed
in writing by a member of Team Delivers’ management.
3. Notice
The Team Delivers Terms and Conditions and other relevant information printed elsewhere on the
invoice regard all services provided and notice of the Terms and Conditions is deemed to have
been given to the client.
4. No Warranty
Where the service provided by Team Delivers is the provision of space for leaflets in leaflet racks
or placed in outlets, the parties hereby agree that no guarantee or warranty is given that leaflets
will be taken from such racks by the public.
5. Variation of prices
The rates shall be as specified on the price list of Team Delivers as at the date of the agreement
unless otherwise agreed in writing between the parties. The prices shown on the price list exclude
VAT. On the invoice, the VAT will be marked as a separate charge.
There shall be no alteration to the rates quoted on the price list without the prior written authorisation
of a member of Team Delivers management. Team Delivers reserves the right to make a
variation of the rates at its absolute discretion in accordance with ordinary commercial practice.
6. Risk
Title of any property or information forwarded to Team Delivers remains with the client at all times.
Property remains at the client’s risk except when stored at the premises of Team Delivers and
must be insured by the client against loss or damage from any cause whatsoever.
7. Payment
The client shall pay Team Delivers for the services provided within the agreed credit terms as
shown on the invoice.
Team Delivers reserves the right to withdraw the service and to exercise a lien on any of the client’s
goods in its possession until all outstanding monies are paid. The client will pay to Team Delivers
all and any costs, disbursements and outgoings incurred by Team Delivers in securing overdue
settlement on an indemnity basis.
8. Interest
When any invoice has not been fully settled on the agreed date for payment Team Delivers shall
charge interest on the remaining sum due at the rate of 5% or £50 per month whichever is the
greater.
9. Late delivery
Deliveries to Team Delivers by the client must be before 3pm on the Wednesday of the week
prior to distribution. The parties hereto specifically agree that Team Delivers shall not be liable for
any damage or loss caused by the delay in delivery by the client or its agents. If any material is not delivered to Team Delivers before the 3pm deadline, Team Delivers reserves the right to exclude
this material from any services to be provided by them. Further, Team Delivers shall still be
entitled to be paid in full for any space reserved by the client, which has not been used due to the
late delivery of material to Team Delivers.
10. Right to omit
The client hereby specifically warrants that its material is not illegal, defamatory or an infringement
of the British Code of Advertising Practice. Team Delivers reserves the right to exclude or omit any
material which in its reasonable belief, is illegal, defamatory or an infringement of the Code.
11. Statutory requirements
The client shall comply with all statutory and other requirements in relation to the production and
delivery of materials supplied to Team Delivers. The client agrees that the costs of any breach of
the above will be indemnified in full to Team Delivers.
12. Cancellation notice
If the client is to cancel a booking, Team Delivers require at least ten (10) working days’ written
notice expiring before the first day of the booking. If the booking has already commenced notice
must be sent to Team Delivers ten (10) working days before the last scheduled day of the booking.
Ten (10) working days’ written notice must be given and failure on this account will give rise to
a cancellation fee. This fee shall be equivalent to the price of a booking of one week for every
week or part week less than the minimum cancellation notice period.
13. Disclaimer
Information compiled by Team Delivers is made in good faith and on the basis of information available
at the time. The parties hereto specifically agree that Team Delivers shall not be liable to the
client when any information or recommendation may prove inaccurate. Team Delivers makes no
warranty in respect of the accuracy of any information
provided whatsoever. Nor is Team Delivers in any way liable for the accuracy of any information
contained in materials supplied by the client. Team Delivers does not exclude its liability for personal
injury or death caused by negligence. Team Delivers is not liable for direct loss in respect of
any service provided in excess of the sum paid or payable by the client for such service. Further
Team Delivers is not liable for any consequential or indirect loss suffered by the client whether this
loss arises from breach of a duty in contract or tort or in any other way (including loss arising from
Team Delivers’ negligence).
Non-exhaustive illustrations of consequential or indirect loss are :
a) loss of profits.
b) loss of contracts.
c) damage to property of the client, or anyone else.
d) personal injury to the client or anyone else (but only so far as such injury is not caused by Team
Delivers’ negligence).
Team Delivers is not liable for any failure on its part to perform the terms of this Agreement arising
from circumstances outside its control.
a) Non-exhaustive illustrations include acts of god, war, terrorism, riots, explosion, weather conditions,
fire, flood, government action, strikes, lock outs, delay by suppliers, accidents and shortage
of materials, labour or manufacturing facilities.
b) If Team Delivers is prevented from providing its services in the above circumstances it shall notify
the client of the fact in writing within ten (10) working days of the event occurring.
c) If the circumstances preventing performance of the terms of this Agreement continue for two
months from, and including, the date when Team Delivers sends such notice, then either party
may give written notice to the other cancelling the Agreement. Such written notice must be
received whilst the circumstances are still continuing.
d) If the contract is cancelled in this way, Team Delivers shall refund any payment which the
client has already made on account of services not provided (subject to deduction of any
amount which Team Delivers is entitled to claim from the client), and Team Delivers accepts no liability to compensate
the client for any further loss or damage caused by failure to provide the services under
this Agreement.
14. Confidentiality
The client agrees not to disclose any confidential information obtained from Team Delivers. Any
lists supplied by Team Delivers to the client are intended solely for use in connection with this
agreement and shall not be used in any other context. The client agrees that the above confidentiality
clause subsists for three years from the date of this agreement.
15. Insolvency
Team Delivers shall be entitled to refuse to provide further services for the client in the case of the
client becoming
bankrupt or if a receiver or liquidator is appointed over any part of its assets.
16. Miscellaneous provision
The parties agree that this is the whole agreement and takes priority over all previous arrangements
between the parties.
Neither party shall assign or transfer any rights or obligations herein except with the prior written
consent of the other party.
Failure by Team Delivers to exercise any of its rights under this agreement shall not constitute or
be deemed to constitute a waiver or forfeiture of such rights.
The parties hereto specifically agree and consent to the jurisdiction of the Courts of England and
Wales if interpretation is required.
17. Recycling
In accordance with its environmental and waste management policies, Team Delivers reserves the
right to recycle any excess printed matter provided by its clients after the agreed period of display
has expired.
18. Storage
While Team Delivers agrees to provide to its clients storage of their printed matter free of charge
and/or for extended periods beyond their period of agreed despatch and display, it also reserves
the right to charge a flat rate of £9.50 per pallet (or part of) per week. Team Delivers agrees to provide
the client with five working day’s notice should a charge become applicable.
19. Disclaimer
The display of print is at the discretion of the venues and outlets.
20. Data protection
Team Delivers retains information on its clients and the venues in which it displays print for the
purposes of managing its business activities and for business development purposes. It does not
share this information with any other party.
