PMSG agrees to provide the Customer with such of the PMSG services as selected by the Customer and set out in the Trading Agreement on the following terms and conditions:
“PMSG” mean Promotional Mailing Services Group Limited.
“Carrier” means the carrier or carriers selected by PMSG with reference to the Customers criteria.
“Customer” means any person or company who commissions any of the Services from PMSG by agreeing and signing a Trading Contract.
“Contract” means the Trading Agreement and these terms and conditions combined and in the event of conflict the Trading Agreement will take precedence.
“Services” means any services offered to the Customer by PMSG; including but not limited to receiving & checking goods, warehousing goods, maintaining warehouse security, despatching goods to the end user as required by the Customer, printing address labels, packing & addressing parcels & packages, preparing packages for collection by carrier/delivery agent, reporting to the Customer, receiving & providing information such as stock levels etc which may involve storing data on computer disk or other media, backups of such data, printed reports, receiving or sending data by e-mail, computer disk & computer tape.
“Service Targets” means the targets set out in the Trading Agreement.
“Trading Agreement” means the agreement between PMSG and the Customer which includes details of services selected by the Customer, charges, services levels and payment terms.
“Working Days” means any day other than Saturdays and Sundays, Bank and Public Holidays, Good Friday, Christmas Day and Boxing Day or any other day on which PMSG is closed.
Maximum Sizes & Weights
- PMSG has a limited capacity in handling goods above a certain weight for handling goods which are not palletised. In these circumstances, the goods would be unpacked and re-packed to fit on the racks in the warehouse. PMSG reserves the right to levy an additional charge by way a surcharge for re-packing.
Restricted Prohibited & Dangerous Goods
- PMSG is not equipped to store flammable, volatile or explosive materials, or goods containing flammable liquid such a petroleum. If such material is discovered on inspection or a consignment PMSG reserve the right at its absolute discretion to refuse storage facilities.
- The level of services offered to the Customer is based upon the targets set out in the Trading Agreement such time constraints and delivery criteria.
- Notwithstanding that the Trading Contract may specify such Service Targets, PMSG shall not be contractually bound to meet these targets and PMSG shall not be liable for losses caused by failure to comply with such Service Targets. In the event that PMSG consistently fails to meet such Service Targets the Customer will be invited to re-negotiate the level of service offered.
- The Customer shall pay to PMSG the charges specified in and in the matter set out in the Trading Agreement together with any supplements or surcharges arising under the Contract.
- The charges are based on the information provided by the Customer. If the circumstances of Customer change or there is a change in the services required PMSG reserves the right to levy an additional charges or charges in consultation with the Customer.
- Any claim or counterclaim by the Customer shall not entitle the Customer to defer or withhold payment of monies or settlement of liabilities incurred to PMSG.
- If an additional administrative burden is imposed by the Customer in fulfilling the Customer’s administrative requirements an additional surcharge will be levied in addition to the charges set out in the Trading Agreement.
- All charges due to PMSG shall be invoiced to the Customer at the agreed frequency as set out in the Trading Agreement.
- The Customer will be invoiced at the frequency set out in the Trading Agreement or after a specific job is completed or on a monthly basis. All invoices are strictly net and no discount is applicable unless otherwise stated in the Trading Agreement.
- PMSG shall be entitled to charge interest at the rate of 3% above the base rate of HSBC Bank calculated on a daily basis on all amounts due to PMSG and outstanding beyond the agreed credit period as set out in the Trading Agreement.
- Notwithstanding the provisions of this clause and where there are due and outstanding unpaid invoices beyond the agreed credit period PMSG shall be entitled to sell any undelivered goods or part thereof and put the proceeds towards payment of such amounts due.
Claims for Compensation
- All claims for compensation for loss or damage to goods while in the custody of PMSG will be made in writing within 14 days of when the loss or damage is discovered with supporting documentation showing cost or photographs showing any damage.
- PMSG will entertain claims for compensation unless goods are lost or damaged when in transit or in the custody of a carrier. PMSG will not be liable for any claim for goods held in custody by a third party. PMSG will act on the Customer’s behalf in raising the claim with the carrier.
- PMSG will not be liable for failure to meet Service Targets which result in financial loss to the Customer.
Payment of Compensation
- PMSG will pay agreed compensation within 30 days of a valid and accepted claim by cheque or set of against the Customers next invoice as the customer shall elect.
- The Customer may subject to contrary terms set out in the Trading Agreement terminate their Contract with PMSG by serving three months notice.
- PMSG may at its absolute discretion terminate with two weeks written notice in the event of non-payment of invoices beyond the credit terms. In any other circumstances PMSG will at its absolute discretion serve three months notice of termination.
- PMSG may terminate forthwith if goods held for a Customer are discovered to be stolen or outside the normal type of goods stored by PMSG or goods contacted for storage in the Trading Agreement.
- PMSG does not insure the Customers goods because insurance will depend on the exact value and nature of the goods, which makes it impossible to obtain an overall insurance policy for the warehouse. The standard of care exercised by PMSG does not include insuring the Customers’ goods against loss or destruction by fire, tempest or flood and other usual risks.
- It is usual for Customers’ goods to be covered by their own insurance policy. In such cases, the Customer is responsible for ensuring that the policy is valid at all times and that PMSG is informed of any terms, which are relevant to storage. The Customer is responsible for informing their insurer of the security arrangements and fire prevention measures maintained by PMSG.
- If the Customer is not covered by its own insurance policy, PMSG may arrange insurance at additional cost and this service will be requested as part of the Trading Agreement at the specified charge.
Security of Premises
- The warehouse and premises occupied by PMSG are protected by a NACOSS approved alarm system, and the building is located within a business park with 24 hour guarded security, locked gates over night and CCTV cameras.
Data & Data Security
- PMSG will only use the Customer’s data for the purpose intended and as set out in the Trading Agreement.
- PMSG as part of its service to the Customer will input data on its server and hold such data on the server.
- PMSG will not be liable for loss of Customer’s data although all data will be stored on a RAID server, and the usual precautions will be taken in terms of backup, virus protection, and against electricity power surges and power failures.
- PMSG staff will be trained on the use of the database and how to input data, print reports etc to provide the Customer with requested information.
- The Customer will be responsible for providing accurate data such as addresses and codes and shall rely on all such Customer-supplied data in performing the Contract.
- In the event of data loss to the Customer despite following the precautions and good practise mentioned in this section, PMSG will not be liable for any direct or consequential loss suffered by the Customer.
IT Infrastructure Issues
- PMSG shall not be liable for any direct loss or consequential loss caused by software failure or “computer down time”, computer malfunction or loss of utility services or telephone services or equipment used by telephone lines suppliers.
Third Parties, agents
- PMSG will recommend third parties at the request of the Customer but will not be responsible for acts or omissions of such third parties.
- PMSG offers warehousing, despatch of Goods, promotional mailings, e-commerce transactions, data-capture/holding/security, handling of goods, picking & packing, administration, call centre on behalf of the Customer’ stock control, and reports & computer printouts.
- The terms applicable to each service are set out in the Trading Agreement.
Exclusion of Liability
- PMSG will not be liable for loss or damage exceeding the cost of goods in question.
- PMSG responsible for goods in its possession within service standards and its responsibility will end when goods are collected by the nominated carrier and PMSG will not be liable for loss or damage to goods during transit or for any lack or service by the Carrier.
- PMSG shall not be liable in circumstances where the Customer does not meet an obligation mentioned under the next paragraph.
- The Customer is responsible for supplying accurate information and updates whenever any information becomes obsolete, for supplying data in correct format and the integrity of data provided by computer disk, tape or e-mail.
- Stock levels must be maintained at a sufficient level to meet the Customer’s requirements to deliver against warehoused stock or specific mailings and stock must be replenished to meet the Customers specific mailing requirements.
- PMSG relies upon the delivery note provided by the Customer or its supplier in the numbers of goods stated and unless in the case of goods of unusual value or the Customer makes a special request numbers are not individually counted due to volume constraints. Printed matter, literature, and low value items are not counted.
Standard Conditions – Notices
- Any notice given under this Contract shall be in writing and delivered by hand or sent in first class post to the relevant address provided by each party.
- Any such notice is deemed to have been served
- When delivered by hand, at the time of actual delivery.
- When sent by first class post at expire of 48 hours after posting.
Standard Conditions – General
- This Contract constitutes the entire contract between PMSG and the Customer.
- This Contract supersedes the provisions of any contract, warranty, or representation made or given between the parties.
- The terms or this contract shall be treated as confidential by both parties and shall not be disclosed to any other party by the Customer unless required by an Act of Parliament or other lawful authority.
- PMSG may engage agents and or sub-contractors to perform any apart of the Services to be provided to the Customer by agreement of the Customer in advance.
- Failure of either party to enforce or exercise at any time or for any period any term of or right arising pursuant to this contract does not constitute and shall not be construed as a waiver of such a term or right and shall not affect the parties right to enforce or exercise it at later date.
- PMSG may vary the terms and specifications (including charges) relating to any of the Services upon giving the customer 14 days notice in writing.
- This Contract will be construed in accordance with the law of England & Wales.