General
1a.) These conditions are the current conditions of E-Pro Ltd (“the Supplier”) and are applicable to every contract with a hirer or purchaser (“the client) of the Supplier’s product or materials (“the goods”) or for the provision of services by the supplier.
1b.) Any variation of these conditions in any document of the client is ineffective unless accepted in writing by the supplier.

Orders
2.) All orders must be confirmed in writing. Orders cannot be accepted on the basis of verbal instructions. A minimum order of 2000 records or £250 will apply unless otherwise agreed with the Supplier.

Prices
3a.) Quotations last for 30 days unless agreed otherwise in writing.
3b.) List prices are subject to change without notice and confirmation of price should be sought by the client before purchasing.

Copyright and Use of Lists
4a.) All lists or part of lists are copyright to the supplier. Unless purchased on computer readable disks our data is rented for one time use only and must only be used in the format supplied. It may not be recopied or recorded. Information supplied on disk is for the sole use of the client and may in no circumstances be offered for resale. All lists contain dummy addresses (seeds) to detect unlawful use.
4b.) The client shall be liable for loss or mis-use of a list whilst in their care, or the care of their agent, mailing bureau, computer bureau etc. It will be deemed a mis-use of a list if the list, having been supplied for mailing is used for telephoning or for any activity other than the purpose for which it is provided.

Computer Readable Media
5.) Data on disk or tape is supplied for the computer operating system and in the format specified by the client. The supplier does not accept responsibility for the readability of data as test disks and tapes are available to check readability of data. No liability is accepted by the supplier for conversion of the data supplied to any system of format other than that specified on the Supplier’s acknowledgement of order.

Warranty
6.) An amount equal to the cost of second class letter postage (first weight category) ruling at the date of invoice will be refunded by the Supplier to the Client on all Post Office returns of 5% or more of the total number of addresses supplied, provided that all returned envelopes, less contents, are received by the Supplier within 6 weeks of delivery. Alternatively, further contacts may be obtained for each return received. Email: an allowable failure rate of 10% is generally regarded as an industry standard. Failed delivery of email messages above this rate will result in a refund of funds by the Supplier to the Client in proportion to the cost paid. Alternatively, further records may be obtained for each failed email delivery.

Email
7.) Email lists are available in single, multiple use and on outright purchase basis, where multiple use means unlimited use of the email list supplied for a period of 12 months from the date of purchase and outright purchase means a client may continue to use the list after 12 months. All previous points relating to postal data files apply to email data files

Despatch
8.) Dates given for despatch are given in good faith and are estimates only, based on information available at the time of quoting. They are, however, not guaranteed and time is not of the essence of the contract.
Collection and Delivery
9.) Prices do not include collection and delivery of stationary, envelopes, advertising material etc. and if required is therefore charged extra. Such collection and delivery, whether arranged by the client or the supplier on the client’s behalf, is at the client’s sole risk and the Carrier is deemed to be an agent of the client.

Payment
10.) (i) For all first time Clients, prepayment is required with order.
(ii) Unless credit facilities have been agreed in writing by the Supplier, prepayment is required with order. Where credit facilities have been agreed payment is due within 30 days of date of invoice.
(iii) Postage payments are required in advance and the remittance should be received at least 48 hours before posting begins otherwise mailing will be delayed.

Quantity
11.) (i) Whilst every effort is made to quote the number of addresses accurately, the quantity vary from time to time due to movements within the list or lists and no warranty or condition is given that the figure quoted agrees with that finally reached during the exception of the order.
(ii) Where more than one list is supplied, the total quantity despatched may be less than the sum of the individual list quantities due to the person or establishments being coded to more than one classification.

Liability
12.) The supplier shall be under no liability for any discrepancy, damage in transit, shortage on delivery or non-delivery of Goods or materials unless the Client notifies the Supplier in Writing:
a.) of any discrepancy, damage or shortage on delivery within 7 days of receipt of goods.
b.) of non-delivery within 7 days of confirmation by the Supplier that the Goods have been dispatched.

Consequential Loss
13.) in no circumstances shall the Supplier be liable for consequential loss; the Supplier’s liability is limited to that set out in clause 11 above.

Force Majeure
14.) Every effort will be made to carry out contracts, but should the supplier be prevented or delayed in carrying out a contract by reason of act of god, war, lockouts, fire, flood, delays in transit, strikes, riots, postal delay or any other unexpected or exceptional causes or circumstances beyond the suppliers control, the time for delivery shall be extended until a reasonable time after the event preventing or interfering with the due execution of an order as ceased, and in no circumstances is the supplier to be liable for any loss or damage suffered by the client as a result thereof.

Code of Advertising Practice
15.) Whether or not the supplier shall have seen copies of the items to be mailed by or on behalf of the client, the client warrants that such item contains nothing that infringes copyright or is defamatory, obscene, indecent, or otherwise illegal or unlawful, and shall keep the supplier fully indemnified against losses, costs, charges and expenses of whatsoever nature arising out of or in connection with a claim that such items infringe copyright, are defamatory, indecent or otherwise illegal or unlawful whether or not such claim is upheld or justified.

Data Protection Act
16.) The supplier is registered under the Data Protection Act.

Law
17.) These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of Scotland.