Terms and conditions
In these conditions of trade, the following expressions shall have the meaning hereby respectively assigned to them, except where the context otherwise applies.
The "Company" shall be referred to as Ads Direct. The "Advertiser" means the person, company, corporation or organisation purchasing or renting the goods and services from Ads Direct. The "Representative" shall be that person or company appointed or licensed by Ads Direct to be their representative's and who shall by virtue of an agreement with Ads Direct have the right to sign this agreement document. The "Agency" refers to the appointed advertising agency, media buyer or public relations consultant. The "Goods" means the articles purchased or the services supplied. The "Supplier" means the company supplying the goods to the order of Ads Direct. The "Order" means the order placed by the Purchaser for the supply of goods or services. The "Livery Lorry" or "Ad Van" or "Ad Bike" or "Taxi Cab" are vehicles available for rental periods from Ads Direct. The "Display Material" is the printed or other visual matter, which is purchased or supplied by the Advertiser or their appointed Agency, which will be attached to the Livery Lorry or other Mobile Media from Ads Direct. The "Hire Period" shall refer to that period of time for which the Livery Lorry or other Mobile Media are rented and shall be calculated on a daily basis or part thereof even when a single sum for a period of more than one day is quoted. The "Location" is a place where it has been requested by the Advertiser, or their Agent, that the Livery Lorry or other Mobile Media will be parked during the rental.
1. Unless specifically agreed in writing no variation to these conditions will apply.
2. By ordering goods or services from the Company, the Advertiser signifies their acceptance of these terms and conditions of trade and these shall prevail unless the Company has agreed to the contrary in writing.
3. All goods and services are sold subject strictly to the availability to the Company or its suppliers of materials. The Company reserves the right to substitute equivalent materials, components and units other than those named in the proposal or confirmation order without notice.
4. The Company reserves the right to accept or refuse the order. An order must be accompanied by sufficient information and materials to enable the Company to proceed with the order forthwith, otherwise the Company shall be entitled without notice to amend the quoted price to cover any additional cost or charges which have taken place after acceptance.
5. A fee shall be charged for all designs, samples or proofs. Author's corrections and extra samples or proofs necessitated thereby will be charged extra. In the event that the purchaser accepts a sample or proof, no responsibility will be accepted for errors in the proof, which were not corrected by the purchaser.
6. The display shall remain the property of Ads Direct which will be retained for multiple use for 12 months after the last display. After that period of 12 months Ads Direct reserves the right to dispose of the display.
Artwork, Storage Devices and other Materials
7. Whilst all due care will be taken, the Company can accept no responsibility for loss, damage or theft whatsoever caused to transparencies, artwork, Zip, CD's, DAT Tapes or other storage devises or materials which have been sent to the Company and/or their suppliers.
8. Display material supplied by the Advertiser will be provided in adequate time for the Company to make arrangement for it's positioning on the Livery Lorry or other Mobile Media. In the case of paper poster this will be no later than 3 days prior to the hire period with at least one full spare set of posters provided as back-up.
9. All goods are sold at the prices ruling at the date of delivery which may vary from those originally quoted unless the order is made within 30 days of the quote.
10. Unless specifically agreed otherwise in writing, the Rental will take place in a General location agreed between the Advertiser and the Company. If the Advertiser specifies a location integral to the fulfilment of the contract it is the responsibility of the Advertiser to get all permits, licenses or other agreements required for the rental to take place at a specified location.
11. Where the Livery Lorry/Mobile Media or employees of the Company are under the control or direction of the Advertiser or their Agent and the Livery Lorry/Mobile Media and display material are places in such a location that the Livery Lorry/Mobile Media gets damaged or incur fines, fixed penalties, or any other expenses for the repair or replacement, these costs shall be the responsibility of the Advertiser.
12. Unless otherwise agreed, payment is strictly on a pro-forma basis, made 7-days in advance of any Hire period start date.
Cancellation in Part or Whole
13. Ads Direct or their representatives reserve the right to take a decision due to inclement weather conditions or other factors to abandon postpone or cancel the Hire period. In such an event, Ads Direct shall attempt to relocate or re-schedule the display in such a way as to be of similar value to the Advertiser as the original location in which case no compensation shall be payable. Compensation will not be payable unless 70% of the agreed display time has been lost on a specific day, in which case the Advertiser will be given credit for their lost days display in the future, or a cash refund of 60% of that hire payable for the days display. Cancellation on the behalf of the Advertiser must be received in writing 28 days before the commencement of the hire period otherwise payment will be due in full.
Illegal or Improper Matter
14. The company shall not be required to produce or display material, which in the opinion of the directors of an illegal or libellous nature. The Company shall be indemnified by the Advertiser in respect of any claims, costs or expenses arising out of any libellous material printed or displayed for the Advertiser or any infringement of copyright, trademark, patent or design.
15. The contract shall in all its respects be construed and operated as an English contract in accordance with English law.
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