Terms and Conditions
Quotations: Prices subject to change without notice. All written and oral estimates will be honored for 30 days after the date of the quotation. Manhattan Mailers reserves the right to re-quote any project at any time. Quotations may not include taxes, shipping costs or deliveries unless specifically stated.
Verbal Orders: Written or e-mail orders are strongly recommended. Verbal orders are accepted with the provision that final specs will be e-mailed or faxed and understood by the mailer at the time the work was started.
Payment Terms: Manhattan Mailers requires payment in full prior to completion of the project. A 50% deposit is required prior to initiation of the project. A $50.00 fee will be charged on all returned checks in addition to the original amount due. We accept Visa/Mastercard/AmEx/Discover for payment of services, and postage is always due via check. For your convenience, we offer “CheckWriter”, which allows a faxed copy of the check to be processed as payment.
Pricing Errors: In the event a product is listed or quoted at an incorrect price for any reason, including typographical error, Manhattan Mailers shall have the right to refuse or cancel the order.
Refunds: Manhattan Mailers does not offer refunds only credit towards future services. Refer to the Cancellation, Returns, Warranty, and Mailing Lists sections of this document for details regarding circumstances in which credit would be issued. Credits may not be used for payment of postage.
Order Cancellation: Orders may be canceled by the customer at any time by notice in writing or via e-mail. It is the client's responsibility to confirm Manhattan Mailers has received the project cancellation notification. For orders cancelled prior to approving the proof, the client will receive company credit for use on a future project. The credit amount will be based on the project amount minus any product/service already delivered and at Manhattan Mailers sole discretion may include an order cancellation fee. No refunds or company credits will be issued for projects that are cancelled after the proof has been approved and thereby giving authorization to proceed with printing. For expedited projects (projects that contain expedite fees or services), no refunds or credits will be given if the project is cancelled by the client.
Warranty: Manhattan Mailers at its sole option will repair or reprint any order that contains abnormal imperfections, or where we have failed in your written instructions. Manhattan Mailers at its sole option may elect to provide a prorated credit in lieu of a reprint if the shortage, defective or damaged portion of an order does not exceed 20% of the ordered amount. Claims for defects, damage or shortages must be made in writing and must be received by Manhattan Mailers within 5 days of receipt or within 14 days of the mail date whichever is sooner.
Customer Changes: Customer changes represent additional work to be performed and will be billed at current rates. Customer changes may delay the completion of the order.
Proofs: The client is 100% responsible for proofreading the design prior to approving the proof and thereby giving authorization to proceed with printing. This includes designs and/or artwork submitted by the client and designs and/or artwork created or modified by Manhattan Mailers and presented to the client for review and approval.
Production Schedule and Turnaround Time: Production schedules turnaround times and other similar terms used by Manhattan Mailers merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays, or equipment breakdowns and are not contractual. It is the client's responsibility to plan time sensitive mailings far enough in advance to accommodate any delays that may occur. Manhattan Mailers will not give refunds and/or credit as a result of unforeseen delays that affect the project schedule.
All orders are accepted contingent to fire, accident, acts of God, mechanical breakdown or other causes beyond the mailer’s control. Since the time element is an integral part of the mailing business, quoted prices are based upon a specific set of time schedules for completion. Any requested deviation from that schedule described or agreed upon by both parties at the commencement of order may alter the quoted price. Late material or postage not received when requested may affect the completion date of the order.
Postage: Quotations do not include postage unless specified as part of “direct mail package” pricing. They do however include a postage estimate to be used for budgetary purposes. Manhattan Mailers will notify the customer in writing or by e-mail of the required postage as soon as this amount is known and will notify the customer of the date when the postage is needed in order to complete the mailing prior to the agreed upon mailing date. Payment of postage is always required in advance (via check) on all orders and is the responsibility of the customer to remit payment on time and confirm that Manhattan Mailers has received it.
While we will make every effort to provide the customer with an accurate estimate of required postage, Manhattan Mailers is not responsible for additional postage charges due to the design of customer-supplied materials. Manhattan Mailers at its sole discretion reserves the right to hold mailings for which sufficient postage has not been paid or until by Manhattan Mailers sole determination postage payment has cleared.
Acceptance of Order: Manhattan Mailers may refuse at any time to mail any copy, photographs or illustrations of any kind that in Manhattan Mailers sole judgment is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste, or which in the mailer's sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others.
The customer will defend and hold Manhattan Mailers harmless in any suit or court action brought against the mailer by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Manhattan Mailers, acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Manhattan Mailers sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Manhattan Mailers for actions of the customer’s employees which may occur as a result of any mailing.
Mailing Lists/Rented: When Manhattan Mailers provides a rented mailing list for your direct mail campaign, the List Vendor guarantees a deliverability range of between 90-100% accuracy if mailed within 30 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing, such as copy or graphic design. Manhattan Mailers has entered into Agreements with third party vendors for the marketing and delivery of certain data products including mailing lists. You acknowledge that the data contained in the mailing lists shall at all times remain the intellectual property of the third party vendor and that you have no proprietary rights to this data or products.
To request a credit on rented lists, the client must return all returned mail pieces to Manhattan Mailers prior to the issuance of any consideration of credit. Unless otherwise specified in writing in advance, all rented mailing lists are provided on a one-time use basis, and mailing lists may be seeded to detect any unauthorized use.
Mailing Lists/Supplied: Customer’s mailing lists in our possession, for storage or otherwise, is the exclusive property of the customer and shall be used only at the customer’s instructions. The mailer should be sent a copy of the original list, and we will guarantee the confidentiality of that copy. Manhattan Mailers will store the list copy for six months then delete from the system unless instructed in writing by the customer to do otherwise. Manhattan Mailers is not responsible for the accuracy or integrity of lists or other data supplied by the customer, list broker, or other third-party source.
Color Matching: Because of the differences in equipment, paper, inks, and other conditions between color proofing and pressroom operations, a reasonable variance between color proofs and the completed job is expected, unavoidable, and shall constitute acceptable delivery. Manhattan Mailers will make every effort to produce a reasonable representation based on materials supplied by the client and the proof produced by Manhattan Mailers. Colors may also vary with an electronic (“soft”) proof depending on computer screen settings or when printed on an office printer.
Postal Delivery and Handling: Manhattan Mailers has no control over the United States Postal Service. When a client’s mailing is delivered to the post office, it is inspected for proper preparation and if approved accepted into the mail stream. The Post Office then provides a 3600 or 3602 form as a receipt that they have inspected and accepted the mailing. This receipt shall constitute proof that Manhattan Mailers completed its obligation and that Manhattan Mailers has no further obligation or liability for the mailing. Client understands that there is always a possibility that the U.S. Postal Service will delay, damage, or lose mail. Under no circumstance will Manhattan Mailers be held responsible for delays in delivery, damage to the mail pieces, or loss of mail after it has been accepted by the Post Office.
Shipping: Manhattan Mailers has no control over the U.S. Postal Service, United Parcel Service or any other common carrier's delivery schedule and cannot guarantee when mail or shipments deposited with or released to these carriers will be delivered.
Ownership of Materials/Designs: All materials and electronic files that Manhattan Mailers creates in producing the client's mail piece are the property of Manhattan Mailers. Due to our licensing agreement with our image supplier we may not transmit editable or high resolution design files that contain images provided from them under any condition. Unless prior agreement in writing, Manhattan Mailers reserves the right to distribute samples of the client's mail piece and include the client's mail piece and or images of the mail piece in portion or its entirety in Manhattan Mailers marketing efforts.
Client Provided Materials: Manhattan Mailers assumes in all quotations that all material provided by the client will permit efficient handling on automated equipment and meets equipment manufacturer's published specifications. Materials furnished that are within manufacturer's specifications, but which are not up to acceptable operational standards due to poor folding, facing, trimming, packing, sticking together of material, insufficient leeway between enclosures and envelopes, square envelope flaps or other causes, will be subject to pricing at special rates. Customer will be notified when a deficiency is discovered and approval will be obtained for handling at special rates before proceeding with work. A new delivery schedule may result when deficient materials are used.
Quoted prices are based on the assumption that placement will be in the position most advantageous to production speed or additional charges may apply. Manhattan Mailers is not responsible for address blocks that are not in compliance with current postal regulations, nor surfaces of address blocks that are not compatible with standard production inks. It is urged that the client contact us or the postal service regarding mail piece design questions before material is printed. Manhattan Mailers assumes no responsibility for material designed or produced without mail design consultation or proofs. While we will make every effort to provide the customer with an accurate estimate of required postage, Manhattan Mailers is not responsible for additional postage charges due to the design of the mail piece.
Manhattan Mailers is not responsible for identifying errors in preprinted copy on customer-furnished materials and assumes no liability for damages resulting from the mailing of materials which contain erroneous information. When performing mailings for not-for-profit customers, Manhattan Mailers is not responsible for content in mailed materials which causes a customer to lose their Nonprofit Status.
All direct mail handling and processing involves spoilage. Spoilage of up to five (5) percent of customer's material is typical. On smaller jobs, less than 1,000 pieces, up to 10% spoilage is typical. Allowances for spoilage should be taken into consideration in ordering material. Every effort will be made to handle customer's material with frugality and to prevent undue spoilage. Nevertheless, Manhattan Mailers cannot accept responsibility for shortages of material as a result of normal spoilage in processing. If a shortage of material occurs, Manhattan Mailers will contact the client and the client may opt to mail the reduced quantity or provide additional materials. Either option may result in additional charges and delays to the scheduled mail date. If the shortage of material represents 10% or less of the mailing quantity, Manhattan Mailers at its sole discretion may elect to mail the job short. In such a case Manhattan Mailers will refund any excess postage minus additional costs incurred to prepare the reduced quantity mailing.
The customer must advise Manhattan Mailers of the disposition of overs (extra material). Overs may be returned to the customer, stored or destroyed. If items are stored or returned, applicable storage and delivery charges will be added. Additionally, at Manhattan Mailers option and without liability to Manhattan Mailers, materials may be automatically destroyed after 30 days if customer has failed to respond to a disposition request or failed to pay for storage within 30 days or receipt of invoice for storage fees.
Inserting Sequence: Every effort will be made to insert material in the sequence and facing the direction the customer requests, but quoted prices assume the most advantageous production speeds. Specified sequence or facing may result in additional charges being billed.
Errors in Mailing: Manhattan Mailers shall be liable only to the extent of re-mailing a correction or corrected job as soon as possible to rectify the mistake. Damages shall be limited to the value of the work performed. In no case is Manhattan Mailers liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
Storage of Materials: Manhattan Mailers will store materials that we print at no charge as long as the client sends out a mailing at least every 90 days. If 90 days pass and the client has not sent out a mailing, picked-up the material, paid to have the material shipped to them, or authorized Manhattan Mailers to dispose of the material-they will be sent a storage invoice in the amount of $5/1000 pieces stored per month. If the client does not pay the storage invoice within 15 days of receipt the materials will be disposed of. If the client does pick-up the material, pay to have the material shipped to them, or authorize Manhattan Mailers to dispose of the material, any prepaid mailing service fees will be kept in lieu of storage fees. As prepared mailings take up considerably more space then materials stored in boxes - prepared are charged a premium storage rate of $5/1000 pieces per week starting 2 weeks after the mailing was prepared until the mailing is mailed out.
Broker/Ad Agency/Reseller: When contracting with an intermediary such as a broker, ad agency or any type of reseller for work on behalf of their clients, Manhattan Mailers will hold the intermediary fully responsible for timely payment for invoices and for related collection costs, legal fees and interest. This will be done without regard to whether the intermediary has been paid by their client for services rendered. Intermediary is also responsible for collections and payment of any applicable local, state and federal sales taxes, as required by law.
Printing and Mailing Quantities: Printing and mailing services are provided using high-speed automated production equipment. As typical with most production processes, some scrap is normal and expected. Because of this, delivery of mailing at +/- 5% of ordered quantity shall constitute satisfactory completion of the order. If the client ordered exactly the amount needed for their mailing and the print quantity is short the mailing will be reduced to equal the amount of postcards printed.
Severability of Provisions: In a court of law if any of the provisions of this document are found unenforceable the remainder of the provisions shall remain in full force and effect.