TERMS AND CONDITIONS
Letterboxing Pty Limited as trustee for The Bridges Family Trust ABN 89 728 601 020 (Letterboxing) of 13 Lynch Avenue, Caringbah, New South Wales, 2229 (Letterboxing Premises) provides letterbox Distribution Services to various businesses in the Sutherland Shire (Client(s)) in respect to their marketing and/or advertising material (Distribution Material(s) / Distribution Services).
1. ACCEPTANCE OF ORDERS AND QUOTATIONS
All quotations provided by Letterboxing to Clients or prospective clients are valid only for a period of thirty (30) calendar days and Letterboxing may, in its discretion, refuse any deemed acceptance by a Client which occurs after that time.
The Client warrants that it’s Distribution Materials will not:
(a) contain anything illegal, obscene, defamatory or offensive; or
(b) infringe the copyright or other protected right of any person; and
(c) the distribution of the Distribution Materials (specifically detailed in, but not limited to, 2(a) and 2(b)) will not give rise to any claims against or liabilities to Letterboxing or its officers, employees, contractors or agents.
The Client indemnifies Letterboxing against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against Letterboxing) that Letterboxing may sustain or incur as a direct or indirect result of a breach by the Client of any of the above warranties.
4. PERFORMANCE OF SERVICES
The Client acknowledges and accepts that Letterboxing may carry out Distribution Services for other Clients at the same time as providing Distribution Services to any one Client.
Letterboxing is not responsible for the success of the Client’s marketing/advertising campaign in respect to the Distribution Services provided by Letterboxing or the effectiveness of the Client’s Distribution Material.
5. LETTERBOX DISTRIBUTION SERVICES
Whilst every effort will be made by Letterboxing to meet the Client’s expectations, Letterboxing cannot and does not guarantee full distribution of the Client’s Distribution Materials to all households within the agreed distribution areas. The Client acknowledges and agrees that:
(a) factors beyond Letterboxing’s control such as adverse weather conditions, accessibility to letterboxes, signs on letterboxes (“no junk mail” or similar), health and safety issues, hazardous conditions, may adversely affect the Distribution Services provided by Letterboxing;
(b) Letterboxing’s estimated dwelling counts by suburb or distribution area may not be accurate, and may change from time to time.
(c) Letterboxing may carry out Distribution Services for other Clients at the same time as providing Distribution Services to any one Client.
6. EXCESS STOCK
Letterboxing will advise the Client within 7 days from the completion of the Distribution Service of any excess stock of Distribution Materials.
The Client must collect the excess stock within 7 days of such notification by Letterboxing.
Failure by the Client to collect any excess stock following notification from Letterboxing, Letterboxing reserves the right to recycle any such Client distribution materials that have not been collected within 7 days after notification is given.
7. CANCELLATION OF ORDER
The Client may cancel an Order prior to the release of the Distribution Materials, however, such cancellation attracts a fee of up to 10% of the Order price, at Letterboxing’s discretion, excluding all third party costs associated with receiving the Client Order at Letterboxing’s Premises.
Letterboxing cannot recall the Distribution Materials once provided to our distribution network. Letterboxing may charge the Client in full for the Distribution Services, if the Order is cancelled by the Client after that time.
This cancellation fee is not a penalty but is a genuine estimate of costs incurred by Letterboxing in respect to the distribution of Distribution Materials.
8. PAYMENT TERMS AND FEES
The Client will make payment of all Letterboxing invoices within 7 days of the date of Letterboxing’s invoice. All payments must be made in full by either direct deposit, cheque or cash as agreed.
If payment of any invoice by the due date is not made then, without affecting any other right or remedy available to Letterboxing, Letterboxing may:
(a) suspend or refuse to perform any Distribution Service to the Client whether under an existing or new Order;
(b) charge the Client interest at 5% daily and compounded monthly) from the due date of payment until payment in full is made; and
(c) recover from the Client, in addition to the outstanding amount, all reasonable costs incurred by Letterboxing in collection of the outstanding amount (including any recovery agents costs incurred).
If the Client is dissatisfied with any aspect of the Distribution Services provided by Letterboxing then it should provide a substantiated written claim to Letterboxing within 7 days of completion of the Distribution Services. The nature and frequency of letterbox Distribution Services makes it impractical to conduct a meaningful investigation of any claim which is made after this time.