1. Requests for the supply of goods should be made by the applicant (the customer) on the Company’s account applications form which must be accompanied by a duly completed Direct Debit Mandate and Bank Guarantee Form. The Company reserves the right to refuse to supply the customer and is not obliged to give reasons for this decision.
2. The customer and Newspread agree to operate within and apply the Code of Practice for the Press Industry (COPPI) as updated from time to time. In the event that there are differences between the Code of Practice for the Press Industry and these terms and conditions, the provisions of these terms and conditions shall take precedence until such time as the customer is advised to the contrary in writing by Newspread. A copy of this agreement is available at www.newspread.ie or on request to our customer service department.
3. As security against non-payment of account, all new customers are expected to lodge a deposit of €2,500 with the company. This deposit will be non-interest bearing and will be set-off against any monies due to be company at any time. At termination of trading, any remaining part of the deposit will be repaid to the customer after all outstanding amounts due have been cleared fully.
4. When the customer is a limited company or a partnership, the company will require personal guarantees to be signed by all directors of the company or all partners of the partnership.
5. All accounts must be paid to the company by weekly variable direct debit and payment in full (Total invoice value) is due on receipt of invoice / statements.
6. The Company will provide all invoices, credit notes and other documentation by electronic means, either by email or online on the Company’s website, www.newspread.ie.
7. Duplicate invoices are available at www.newspread.ie and may be requested by the Customer upon payment of an administration fee details of which are available on request.
8. Non-payment or part payment of accounts when due will lead to the withdrawal of supplies and may ultimately lead to termination of the agreement to supply. If Supplies are withdrawn for non-payment of an account, the company will require payment of an amount equivalent to the cash value of two months invoices [based on the two months immediately prior to the cessation of supplies] as well as the amount currently outstanding by way of cash or bank draft, before supplies can be re-instated. The two months value will be help as an additional deposit in accordance with 3 above. The Company reserves the right to apply an administration fee for the processing of unpaid accounts.
9. The company’s Returns Claim Procedure for magazines and newspapers is outlined in COPPI. The Company shall accept no liability for any Titles which were not supplied by the Company but which have been erroneously included in the Returns.
10. The customer is not entitled to make deductions for unsolds from the weekly account. Eligible claims for unsolds will be processed as shown on the invoice / statement as soon as possible after receipt. If any claims are found to be incorrect or unjustified, the entire return claim for that issue may be disallowed at the absolute discretion of the company. If return claims are regularly found to be incorrect or unjustified the entire claim may be disallowed.
11. A recommended retail selling price to include the current rate of VAT applicable will be advised in relation to each Publication supplied. This is a recommended price only.
12. Publications may not be sold to a third party for re-sale without the company’s prior written approval.
13. The sale of publications is restricted to the address of the place/s of business provided by the customer and noted in the company’s records and the publications supplied must not be displayed, collected, distributed or sold from any other premises without prior written consent from the company.
14. The sale or offer for sale by the customer of any publication supplied by the company with its logo, masthead / and or barcode removed, will lead to immediate cancellation of this agreement, withdrawal of supplies and if necessary further legal action. The customer is not entitled to tamper with or modify publications supplied by the Company without the company’s prior consent.
15. The customer will supply The Company upon request with sales reports, returns and other information relating to the business in such detail as the Company may reasonably request.
16. The customer will accept supplies of new and promoted titles in accordance with COPPI.
17. The customer agrees that data held either on computer or otherwise concerning the retail outlet and titles supplied by or returned to the Company may be transferred by electronic or other means to any party for marketing purposes and any information or data transferred shall at all times be in compliance with any applicable laws and regulations.
18. The Company will not be responsible for any loss that a customer may incur as a result of its failure to supply, or delays in delivery, or for the safety of publications after they have been delivered to the customer premises.
19. It is essential that a suitable and secure location be provided by the customer for the safe receipt of publications at the customers premises, no claim will be entertained for missing or damaged publications.
20. Risk in the Publications and Materials shall pass to the Customer on Delivery.
21. The publications delivered by the Company to the Customer shall remain the sole and absolute property of the Company as legal and equitable owner until such time as all money due to the Company has been paid to the Company, but shall be at the Customer's sole risk in accordance with clause 19. The customer irrevocably grants the company the right to enter upon the premises of the customer in order to recover, reclaim, identify or secure the property of the Company.
22. The Company expects that an adequate supply of all publications must be held and properly exhibited for sale and made available for purchase to all patrons of the customer at all times.
23. A weekly distribution service charge will apply and the details of this charge will appear on the invoice/statement. The company reserves the right to review and revise the service charge from time to time giving notice in line with COPPI.
24. This agreement is not transferable or assignable by the customer, without the prior written agreement of the company. A customer who wishes to apply for the transfer of its newsagency account, must make such application in writing and provide such detail of the proposed transfer as the company may require. A refusal to transfer or assign a customer newsagency account shall be at the absolute discretion of the company. Without prejudice to the generality of the forgoing, no application for the transfer of a newsagency account will be considered by the company until any accounts of a newsagency business carried on at the same premises as the customer’s shall have been discharged. Any deviation from this condition shall be solely and entirely at the absolute discretion of the company.
25. The customer should advise the company of all queries in relation to non-delivery or shortages as set out in COPPI.
26. No neglect, delay or indulgence on the part of the company in enforcing any of these terms and conditions of business shall prejudice the strict rights of the company or be construed as a waiver of these terms and conditions.
27. Acceptance of supplies of goods will constitute evidence of the customer’s agreement with these terms and conditions of business. These terms and conditions will come into effect as and from Monday 5 October 2009 or such later date as the company may advise in writing.
28. Where the legal status of the customer’s business has changed to a limited company or a partnership or to the status of a sole trader, the company must be advised immediately in writing. In any of these circumstances, a new application form together with Direct Debit mandate and personal guarantee forms, must be completed by the customer.
29. Failure to comply with any of the terms and conditions of business may lead to the discontinuance of supplies and termination of this agreement.
30. The Company Reserves the right to alter / change any or all of these conditions from time to time.
31. To terminate this agreement please send a letter of termination, by registered post, to Newspread Limited, Unit E Greenogue Logistics Park, Newcastle Rd., Rathcoole, Co. Dublin, D24 W56T.
Minimum order value
If brand/ Supplier name = Esschert , there is €1000 min order value required of that brand in the cart
If brand name = Decostar , there is €1000 min order value required of that brand in the cart
