Terms & Conditions
MODIFIED TRADE CUSTOMS OF THE MAILING & FULFILLMENT SERVICE ASSOCIATION (MFSA)1. QUOTATIONS: Quotations are based on the cost of labor and materials on the day of the quote. If changes occur in cost of materials, labor, other costs prior to acceptance, the right is reserved to change the price quoted. Subsequent orders will be subject to price revision if required. Quotations do not include applicable taxes, shipping costs or deliveries unless specifically stated.
2. CANCELLATION: Orders may be canceled by the customer at any time by notice in writing with the understanding that the mailer will be compensated in full for any work or services performed prior to cancellation, plus the cost of any goods or services purchased for the order.
3. ALTERATIONS/SPECIFICATIONS: Prices quoted herein are based upon our understanding of the specifications conveyed or documented. If there is a change in specifications or instructions resulting in additional costs, the work performed will be billed at the current rates, and the mailing date may be delayed.
4. POSTAGE: Quotations do not include postage. Payment of postage in advance is required on all orders. Postage must be received prior to the mailing date.
5. ACCEPTANCE OF ORDER: The customer agrees that the mailer may refuse at any time to mail any copy, photographs or illustrations of any kind that in the mailer’s sole judgment he believes is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste, or which in the mailer’s sole judgment is an infringement on a trademark, or trade name, service mark, or copyright belonging to others.
The customer also agrees to defend and hold the mailer harmless in any suit or court action brought against the mailer for alleged damages, costs, photographs or illustrations that is felt by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in the mailer’s sole judgment is an infringement on a trademark, trade name, service mark, or copyright belonging to others or in a suit or court actions brought against the mailer for actions of the customer’s employees which may occur as a result of any mailing.
6. MAILING LISTS: Customer’s mailing list(s) in the mailer’s possession, for storage or otherwise, is the exclusive property of the customer and shall be used only at their instructions. Mailer assumes responsibility for replacement of such lists in the event of loss by fire, vandalism, theft, or other such causes, only if the customer has a duplicate list or has the source material from which the list was compiled, and then only to the extent of the costs involved in replacing the lost list. The mailer does not accept liability or responsibility for compiling such lists nor for an intangible or special value attached thereto.
7. LIST PROCESSING: Processing of lists for CASS certification assumes that the customer will be providing either one single file or, if multiple files are provided, they contain the identical file layout structures. Files with varying layout structures will bear an additional charge for processing.
8. MATERIALS: The mailer assumes in all quotations that all material provided will permit efficient handling on automated equipment, and meets equipment manufacturers’ published specifications. Materials furnished that are within manufacturers’ specifications, but which are not up to acceptable operational standards due to poor folding, facing, trimming, packing, sticking together of material, insufficient leeway between enclosures and envelopes, square envelope flaps or other causes, will be subject to pricing at special rates. Customer will be notified when a deficiency is discovered and approval will be obtained for handling at special rates before proceeding with work (if in the judgment of the mailer time permits) , and a new delivery schedule may result.
All direct mail handling and processing involves spoilage. Allowances for spoilage should be taken into consideration in ordering material. Every effort will be made to handle customer’s material with frugality and to prevent undue spoilage. Nevertheless, the mailer cannot accept responsibility for shortages of material as a result of normal spoilage in processing. All stock and materials belonging to a customer will be held and stored only at the customer’s risk, and the customer shall be responsible for insurance on his material.
Printer delivery tickets must accompany the material delivered, and should show the number of skids or cartons, the quantity per skid or carton, and the total delivery quantity.
Each carton or skid must have a quantity and sample clearly visible. Each skid must have only one material version, unless clearly marked and separated.
Mailers accept printers’ counts until processing, and assumes no responsibility for shortages discovered at that time.
9. LABELS: Labels must be within equipment manufacturers’ published specifications for labeling equipment. Quoted prices assume that label placement will be in the position most advantageous to production speed, or additional charges will be billed.
10. INSERTING SEQUENCE: Effort will be made to insert material in the sequence and facing the direction the customer requests, but quoted prices assume the most advantageous production speeds, and specified sequence or facing may result in additional charges being billed.
11. OVERAGES: The customer must advise the mailer, in advance of the job, of the disposition of overs. Overs may be returned to the customer, stored, or destroyed. Storage and delivery charges will be charged to the customer and material may be destroyed after 30 days, unless prior arrangements are made.
12. DELIVERY SCHEDULES: Mailer will make every effort to meet scheduled delivery and mailing dates, but accepts no liability for failure to meet any requested delivery dates. In addition, mailers have no control over U.S. Postal Service delivery schedules and cannot guarantee when mail deposited will be delivered by the Postal Service. All orders are accepted contingent to fire, accident, act of God, mechanical breakdown or other case beyond the mailer’s control. Since the time element is an integral part of our business, quoted prices are based upon a specific set of time schedules for completion. Any requested deviation from the schedules described or agreed upon by both parties at commencement of order may alter the quoted price. Late material may affect the completion date of the order by a greater degree than the actual elapsed time when the material is late.
13. ERRORS IN MAILING: Mailer shall be liable only to the extent of the labor costs, incurred by mailer, associated with remailing a correction or corrected job as soon as possible to rectify the mistake. In all cases, allowable damages shall be limited to the value of the work performed by said shop. In no case is the mailer liable for loss of business or implicit damages or reprinting any pieces. Mailer shall be reimbursed by customer for all legal fees incurred by mailer to defend this limitation.
14. DELINQUENT INVOICES: Invoices are due upon receipt. Invoices unpaid 30 days after “invoice date” will be assessed an additional charge of 1½% per month until paid.
