These KCI General Terms and Conditions are translated from the original (and binding) Dutch language version that is deposited at the Chamer of Commerce Veluwe and Twente, The Netherlands under number 2062. For the original Dutch verion of these general terms, please feel free to contact Thijs Elshof at +31 575 585 270 /
t.elshof@kci-world.com.
General Terms and Conditions - Direct Mail
KCI Publishing b.v.
Zutphen, The Netherlands
DEFINITION
4.1 Direct mail is material delivered directly to individually named persons or entities selected in advance from a defined target group. A direct mail piece may be a message in print, or transmitted electronically via email.
APPLICABILITY
4.2 All agreements, quotations, offers, and tenders concerning direct mail are also subject to the General Terms and Conditions of KCI Publishing.
RIGHTS
4.3 All direct mail lists are the exclusive property of KCI.
ADDRESSING AND MAILING
4.4 KCI shall place addresses on all mail pieces in accordance with the instructions of the agent delivering the mailing pieces.
4.5 All material for the direct mail campaign will be supplied to KCI postage paid. KCI has the right to refuse materials or to bill for freight, administration and other costs.
4.6 The delivery date shall be the date on which KCI hands over the materials to the delivery agent.
4.7 The direct mail campaign materials should be available to KCI one week prior to the delivery date.
4.8 If the material is not on time, is incomplete, in a differing format, or of a different weight than agreed, KCI may cancel the assignment unless the customer agrees to adjusted tariffs and a new delivery date.
CANCELLATION
4.9 If the direct mail program is not implemented as planned by KCI, for whatever reason, KCI shall charge the customer all preparation costs. KCI shall be compensated for associated losses.
MINIMAL ORDER SIZE
4.10 KCI may impose a minimum charge when applicable.
DIFFERENCES
4.11 When the delivery of materials provided differs in number, weight, and or format, from that in the initial agreement, KCI may impose the additional charges without prior consent of the customer.
REMAINDERS
4.12 When, for any reason, following a direct mail campaign, there are unused materials, the customer has fourteen (14) days to claim such material at its expense. Otherwise KCI may, at the customer’s expense, dispose of the material.
4.13 If more than one percent (1%) of the direct mail materials are returned as undeliverable, KCI shall compensate the customer for the costs of such materials. This credit does not apply when the recipient of the direct mail campaign refuses to accept the materials. To be eligible for this refund, the returned materials must be received at KCI within thirty (30) days after the mailing date.