National Directory of Morticians Mailing List
(Publishers of THE RED BOOK)
RENTAL AGREEMENT
In placing this order and by accepting delivery of lists furnished by The National Directory of Morticians or its list Broker, Customer agrees to the following terms and conditions.
POSTAGE GUARANTEE
On addressed labels The National Directory of Morticians will refund $0.37 per piece for any undelivered mail due to improper addresses as long as mailing is made within 30 days from the date the list is received by the customer or the customer’s mailing facility. To qualify for the refund, undelivered mail, first class or third, must be returned to The National Directory of Morticians at the customer’s expense within 60 days of shipment of addressed labels from The National Directory of Morticians. This guarantee applies to only the first mailing by the customer.
LIMITATIONS OF USE OF RENTED LISTS
Customer understands that this list rental agreement applies to ALL lists rented from The National Directory of Morticians by the customer in the future. The National Directory of Morticians and Customer mutually agree that The National Directory of Morticians RENTAL MAILING LISTS ARE FOR
ONE-TIME USE ONLY and are not to be copied, reused in any form, resold or subleased to anyone.
For each unauthorized use mentioned in the preceding paragraph of any list furnished under this agreement, Customer agrees to pay The National Directory of Morticians an amount equal to The National Directory of Morticians normal charges at the time of such use, plus a 25% penalty payment. Customer further agrees to reimburse The National Directory for all court costs and attorney’s fees incurred in obtaining relief or compensation for unauthorized use of any list. For all other breaches of this agreement by Customer, The National Directory of Morticians shall have all remedies afforded by applicable law.
Furthermore, Customer understands upon renting The National Directory of Morticians mailing list under this agreement that any use of said mailing list that competes with The National Directory of Morticians publication and/or mail list rental services will result in legal prosecution to the fullest extent.
WARRANTIES AND LIMITATION OF LIABILITIES
The National Directory of Morticians liability and Customer’s remedies for breach of this agreement by The National Directory of Morticians are limited solely to the refund for undelivered mail provided above and the return to Customer of any payment for lists not delivered within the period specified in the agreement or within a commercially reasonable period.
Description of list or of estimated current list counts in the agreement is for the sole purpose of identifying them, is no part of the basis of the bargain and does not constitute a warranty that the lists or counts shall conform to any description. All lists and any estimated current list counts supplied by The National Directory of Morticians under this contract are taken by Customer ‘as is’ and The National Directory of Morticians MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE regarding lists or counts.
The National Directory of Morticians makes no warranty on its list other than stated in the Postage Guarantee and Customer agrees to be responsible for determining that all information provided by The National Directory of Morticians is sufficiently accurate for Customer’s use. Any complaint that may arise upon receipt and inspection of these lists must be made by Customer in writing to The National Directory of Morticians within 15 days of their receipt.
ACCEPTED BY CUSTOMER
I have read the above items and conditions and hereby accept this agreement.
Date_______________________ Accepted by________________________________________________________________________
Name of Customer______________________________________________________________________________________________
Address___________________________________City________________________________________State______Zip____________
THE NATIONAL DIRECTORY OF MORTICIANS
P.O. BOX 73
CHAGRIN FALLS, OHIO 44022
(440) 247-3561 FAX (440) 247-0164