Updated April 2014

“SUPPLIER” or “MPFD” refers to Melbourne Printing & Flyer Distribution Pty Ltd ABN. 38 145 025 565

“LDN” refers to Local Direct Network Pty Limited

 “CUSTOMER” refers to the organization or individual who uses the services of Melbourne Printing & Flyer Distribution Pty Ltd.

By using the services of MPFD, the customer agrees to the following terms and conditions. We reserve the right to update and change the Terms & Conditions from time to time without notice.

1. DELIVERIES TO THE SUPPLIER: The Customer acknowledges that MPFD will not be responsible nor liable for any material which is attempted to be delivered outside of MPFD’s Trading Hours or left outside the Supplier’s premises.

2. ACCEPTANCE OF ORDERS: Receipt of the Customer’s material at MPFD, including the signing of freight dockets, will not necessarily deem the Order as entirely accepted by the Supplier. The Customer acknowledges that MPFD has the right to refuse and/or cancel an order if the material is deemed unacceptable by the Supplier. In such cases, any monies prepaid by the Customer shall be returned to them by the Supplier, minus any costs that MPFD may have incurred up to the time of such cancellation of the order and the disposal of material.

3. PRE-PACKAGING OF DISTRIBUTION MATERIAL: Flat, unfolded flyers to be bundled in uniform bundles of either 250 or 500. Folded brochures to be bundled in uniform bundles of 100.

Cartons of stock must not exceed 10kg each. Each cartons of stock should have written on box quantity of flyers contained and bundle size. Incorrect bundling & packaging will incur handling fees and may delay distribution

Handling fees:

Unbundled / incorrectly bundled stock – flat flyers $5.50 inc GST per 1000 flyers.

Unbundled / incorrectly bundled stock – folded brochures $11 inc GST per 1000 brochures.

Repackaging so that boxes weigh less than 10kg - $5.50 inc GST per 1000 flyers/brochures.

If we are doing the printing, we will ensure that they are correctly bundled and packed, you will not incur any handling fees.

4. RESPONSE TO ADVERTISING: The Customer acknowledges that MPFD cannot be held responsible or liable for the response generated by the Customer’s advertisement and, lack of response is no reflection on the supply of material and/or service supplied by MPFD.

5. CLAIMS AND CANCELLATION: The Customer warrants that the order is correct and will not make any claim for errors or omissions arising from verbal directions which are not included on the order.

Cancellation of any order by the Customer will only be accepted by MPFD upon full payment of all costs and overheads incurred by MPFD up to the date of cancellation or disposal of Customers material, whichever is the latter.

6. WARRANTIES: The Customer warrants that:

(a) All Distribution Materials will not:

(i) contain anything illegal, obscene, defamatory or offensive; or

(ii) infringe the copyright or other protected right of any person, company or entity; and

(b) The distribution of the Distribution Materials will not give rise to any claims against or liabilities to us or our officers, employees or agents.

5. BOOKING, PAYMENT AND STOCK DEADLINES:

Deadline - When we are doing your printing and letterbox distribution:

For distribution to take place in any given distribution week; print ready artwork, finalised booking and full payment must all be received by 12:00 noon Thursday of two weeks prior.

Deadline - When we are doing just your letterbox distribution:

For distribution to take place in any given distribution week; stock, finalised booking and full payment must all be received by 12:00 noon Thursday of week prior to distribution.

Distribution week is Monday to Sunday each week, and is usually on the weekend for standard distribution.

Deadline – When we are just doing your printing:

Any printing only orders placed on any day during any given week, including providing print ready artwork, finalised booking and full payment, will be completed and dispatched by the end of the following week.

Guaranteed service turnaround time will vary depending on availability and will be confirmed when booking.

6. DISTRIBUTION DELAYS: MPFD will not be liable for any delay in its services due to any cause beyond its control, including, but not limited to; a) Acts of God; b) Weather conditions; c) Industrial disputes or strikes; d) Mechanical breakdown; e) Late delivery of the material by the Customer or its Agent. Any delays may force the postponement of completion of the order, which the Customer is bound to accept.

7. DISTRIBUTION AREAS: The Customer acknowledges that area boundaries and quantities supplied by MPFD refers to MPFD’s standard distribution areas and will not necessarily include all properties in the suburb/s or towns selected by the Customer. Any representations by MPFD about distribution numbers, areas and coverage are estimates only. In the event that there is left over stock, it will be recycled responsibly. MPFD does not provide refunds in the event of fluctuations or variances to these numbers.

 

Standard Letterbox Distribution:

8. DEFINITION: Standard letterbox distribution is fulfilled by other letterbox distribution companies that we sub-contract the work to; usually LDN who are a part of Australia’s largest letterbox distribution network.  By default, when carrying out letterbox distribution services, unless otherwise stated on the invoice and order form, it is the standard letterbox distribution service.

8. DISTRIBUTION PERIOD: MPFD’s standard distribution period is up to 2 weeks from the end of the week that booking, payment and delivery of stock is made and may take place at any time from when stock is received to the end of this period. When MPFD is printing as well as distributing, 1 week is added to total turnaround time. Public Holidays may alter this time frame. MPFD strongly urges the Customer to book their Order in as soon as possible, with bookings up to twelve months ahead being accepted by MPFD, and confirmed by the Customer paying a deposit at the time of booking. The Customer acknowledges that MPFD operates on a pre-payment basis and any delay in the Customer ensuring such payment may also delay their order until such payment is received and cleared by MPFD.

9. DISTRIBUTION: Standard service letterbox distribution is carried out by LDN (or other distribution companies) who engage distribution personnel, usually on an independent contractor basis.

(i) they may distribute materials for customers other than you at the same time as distributing your distribution materials. This may include flyers/catalogues/newspapers. Your advertising material may be collated with, rolled up with or inserted into other items.

(ii) we do not guarantee or warrant that they will distribute the Distribution Materials to every letter box in the area designated in customer’s order; and

(iii) When we engage other distribution businesses/companies we are not guaranteed of the complete, correct or successful distribution, and as such we cannot and do not offer any guarantee as to the complete, correct and successful delivery of your advertising material when engaging other distribution businesses/companies.

10. CLAIMS OF NON-RECEIPT OF DISTRIBUTION MATERIAL TO ADDRESSES: MPFD will endeavour to ensure deliveries are complete, however MPFD will not be held liable for any non-delivery. Any representations by MPFD about distribution numbers, areas and coverage are estimates only. MPFD does not provide refunds in the event of non-delivery claims. Any concerns of non-delivery should be reported by the Customer to MPFD in writing, within 3 days after the standard turnaround time or 3 days of distribution days for given area if distribution days have been indicated by MPFD, whichever comes first. Such concerns must include the full address. MPFD will not check any claims without a full address being supplied by the Customer or after the 3 day window. When distribution has been contracted to another distribution business/company, we rely on their procedures for ensuring that the distribution has been completed correctly. Any concerns of non-delivery will be relayed onto the contracted company to be looked into and responses relayed back to The Customer. If their response is that distribution was adequately completed, MPFD will be deemed to have fully completed their obligation and the Customer is bound to accept this.

 

GPS monitored Letterbox Distribution

DEFINITION: When MPFD sends out it’s own distributors to carry out letterbox distribution, the distributors carry GPS trackers and carry out the GPS monitored letterbox distribution service. We do this in a limited area in the northern suburbs on a regular basis, a map can be provided upon request. Outside of this area, all letterbox distribution is standard letterbox distribution by default.

11. DISTRIBUTION PERIOD: Distribution period varies depending on if it a regular GPS monitored distribution area or not. If it is a regular GPS monitored distribution area the distribution takes place over a 4 week period starting the week after your order is placed. If the area is not a regular guaranteed distribution area, it will be booked into the next available distribution week which you will be informed of. When MPFD is printing as well as distributing, 1 week is added to total turnaround time. Public Holidays may alter this time frame. MPFD strongly urges the Customer to book their Order in as soon as possible, with bookings up to twelve months ahead being accepted by MPFD, and confirmed by the Customer paying a deposit at the time of booking. The Customer acknowledges that MPFD operates on a pre-payment basis and any delay in the Customer ensuring such payment may also delay their order until such payment is received and cleared by MPFD.

12. DISTRIBUTION: GPS monitored letterbox distribution is carried out by contractors of MPFD. They carry GPS trackers for monitoring distribution. We will then review the GPS data and if any streets are missed we will send the walker back out to complete them.

(i) we may distribute materials for customers other than you at the same time as distributing your distribution materials

(ii) we guarantee that at least 97% of all deliverable homes in your distribution area are delivered to. Undeliverable homes include; when there is a ‘no junk mail’, ‘no advertising material’ or similar sign, when there is no visible or accessible letterbox or when the letterbox is full, when the distributor is not comfortable approaching a letterbox such as when there is a dog, or other reasonable reasons. If the GPS track shows that the streets have been walked they are considered correctly completed.

13. CLAIMS OF NON-RECEIPT OF DISTRIBUTION MATERIAL TO ADDRESSES: Any concerns of non-delivery must be reported by the Customer to MPFD in writing, within 3 days after the standard turnaround time or 3 days of distribution days for given area if distribution days have been indicated by MPFD, whichever comes first. Such concerns must include the full address. MPFD will not check any claims without a full address being supplied by the Customer or after the 3 day window. We will check the GPS data to see that the specific addresses were covered and show you the corresponding GPS track confirming correct delivery to specific addresses. If the data shows that any of these addresses were missed, and the total missed area is more that 3% of total distribution area, we will at our discretion either refund for the estimated portion that was not delivered, or reprint and redeliver the amount required to bring it over the 97% guarantee.

 

14. Printing: It is the Customer’s responsibility to ensure that the electronic files supplied are print ready and that the files supplied are correct and able to be printed as soon as they are supplied. It is the Customer’s responsibility to ensure that any materials supplied for printing do not breach relevant copyright legislation. MPFD accepts no responsibility for any copyright issues. No assumptions or judgements are made by MPFD in relation to the correctness or acceptability of any electronic files supplied to us. Electronic files are printed as they are supplied and there will be variations between finished printed products and the same file being printed on various printers and proofing devices. Customers must also understand that our printing process will result in colour variations between orders and exact colour matching cannot and will not be provided by MPFD. Colour variations will occur from job to job and run to run. Please do not order from MPFD if you require an exact colour match. Electronic files must be supplied with each and every order. Actual finished size of printed items may be up to 10mm wider/narrower/taller/shorter than specifications. It is also the Customer’s responsibility to understand the nature of the various stocks that we print on and the impact of different finishing options will have on that stock (ie cracking). MPFD assumes that its Customers are fully aware of this impact before any orders are placed. MPFD accepts no responsibility whatsoever for any cracking caused by folding of brochures or the like. NO REFUNDS OR REPRINTS will be provided for any breaches of the Customer’s responsibility contained within this clause.

 

15: Limitation of Liability:MPFD will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from anybody’s performance or nonperformance of our obligations.  MPFD shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages.  The Customer agrees that they will not hold MPFD responsible for any loss, cost, expense, and damages (including legal costs) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against MPFD and its affiliated companies on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person's right to privacy or other personal rights.


 
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