Terms & Conditions
Telephone: 01994 240074
Fax: 01994 240118
E-mail: info@arg-directmail.co.uk
1. Definitions

In these Conditions the following words shall have the following meanings:
“ARG” shall mean ARG Mailing Services whose principle place of business is at Unit 11, Spring Gardens Industrial Estate, Whitland, Carmarthenshire SA34 0HZ
“Client” shall mean any individual, partnership, company, charitable institution, or other body to whom goods, consultancy services or other services are supplied by ARG.
“Services” shall mean any service supplied by ARG.
“Goods“ shall mean any goods supplied by ARG.
“Order” shall mean the written agreement for the provision of the Service placed by the Client with ARG.
“Client Property” shall mean any goods belonging to the Client for the purposes of the supply of services by ARG.
For the avoidance of doubt, and without prejudice to the generality of the Clause above, “Client Property” shall include any information held by ARG in any computer or other electronic storage system.

2. Price/Contract

2.1 All quotations are subject to confirmation in writing by ARG upon receipt of the order from the Client. The contract shall be concluded by such confirmation and shall take effect from the time of despatch thereof to the Client. All contracts for the supply of Services or for the supply of Goods and Services shall be subject to these Conditions. All conditions appearing on the Client’s order which are inconsistent with these Conditions shall have no effect. Any variation of the contract shall become binding only if confirmed in writing by the parties. Any quotation provided to the Client by ARG shall remain valid for 30 days.

2.2 All prices quoted or listed by ARG are exclusive of VAT which will be added at the current rate.

2.3 The Client shall pay the price for Services without any deduction within 14 days of ARG’s invoice date. The Client shall pay the price for postage/delivery costs in advance of ARG despatching the Goods unless otherwise agreed in writing by ARG. These payment terms are subject to maintaining a credit arrangement satisfactory to ARG. Otherwise payment shall be due on or before delivery. The time of payment of the price shall be the essence of the contract.

2.4 If the Client fails to make payment on the due date then, without prejudice to any other right or remedy available ARG shall be entitled to: Cancel the contract or suspend any further Services/deliveries for the Client at ARG’s complete discretion. Charge daily interest at a rate equal to 5% above Barclays Bank plc base rate current during the time the payment remains outstanding, interest shall continue to accrue until such time as payment has been received by ARG. Charge the Client debt collection and/or legal expenses for recovery there of upon a full indemnity basis.

3. Performance

3.1 Unless otherwise specifically agreed in writing ARG undertakes to provide the Service in accordance with the Client’s Order and these general Conditions and accordingly all offers or tenders are made subject to the same.

3.2 All resulting Contracts, agreements or other arrangements will in all respects be governed by these Conditions except only to the extent that the laws of the place where such arrangement or Contracts are made or carried out shall preclude any of the Conditions and in such case the said local law shall prevail wherever, but only to the extent that it is at variance with these Conditions.

3.3 ARG shall use its reasonable endeavours to supply the Service as quickly as possible using any resources agreed with the Client or such other methods as ARG shall consider suitable on technical and/or financial grounds. Where ARG has indicated a time for providing this Service, such indications are given as estimates and shall not be a condition of the Contract nor shall time be of the essence in respect of such indication and such indication is given subject to the Client providing all the necessary and relevant data within a reasonable time and within a reasonable and agreed form.

4. Delivery

4.1 Unless otherwise expressly agreed in writing. ARG shall procure delivery of the Goods and/or the supply of the Services to the destination or destinations specified in any quotation or acceptance of Order. The Client shall bear all costs, including postage, packing, transport and insurance costs incurred by ARG in effecting delivery.

4.2 ARG reserve the right to use any carrier, transporter or other means of delivery at their discretion, unless otherwise agreed in writing between parties.

4.3 Where Goods are delivered by carrier, such carrier shall be deemed to be the agent of the Client and ARG shall not be liable for any loss or late delivery of the Goods by the carrier.

5. Client Property

5.1 Any and all Client Property kept on behalf of the Client on ARG premises or within vehicles belonging to ARG are so kept at the risk of the Client. Where necessary, the Client shall arrange adequate insurance cover and pay the insurer direct.

5.2 All data supplied by the Client to ARG in order for ARG to complete the Contract must be supplied in clear and easily legible characters in accordance with the agreed specification set out in the Order and unless agreed in writing within 7 days of the Client placing the Order.

5.3 ARG shall employ reasonable precautions in ensuring the safety and confidentiality of the Clients data but shall not be under any liability howsoever arising for the loss or damage of the Client’s data and the Client shall retain duplicates of the data supplied.

5.4 ARG undertakes not to use or disclose to a third party without the permission of the Client save for such data that is in the public domain other than by breach of this Clause 5 by ARG nor shall ARG copy the Client’s data other than for the purposes of creating a back up copy which shall be destroyed upon the expiry of 6 months from the date of delivery of the Service.

6. Force Majeure

6.1 If ARG is unable to supply the Services by reason of events beyond its control including but not limited to act of God, war, hostilities, riot, civil commotion or any government restriction, order or regulation or statutory prohibition then the specified date for delivery of the Services shall be extended for the period equal to the delay caused by such events.

6.2 If the failure or delay referred to in Clause 6.1 above shall continue for a continuous period of 30 days either party may treat the Contract as repudiated by giving notice to the other while such a failure or delay shall continue.

6.3 If the Client cancels the Contract then ARG may require the Client to pay for at the proper proportion of the Contract price any work already undertaken by ARG for the purpose of the Contract.

6.4 If a break in or cessation of the Service under the Contract is unavoidable ARG shall credit the Client for any payment which may have been made for that part of the Services which have not been completed.


VAT Reg No 791 3893 86