IE
S.I. No. 77/1999 - Inland Post Amendment (No. 61) Scheme 1999.
Table of Provisions (29)
Statutory Text (29 Articles)
1. No Postal Franking Machine shall be supplied or used until it has first been presented by the Supplier, or its authorised agent, on behalf of the User, at the CONTROLLING POST OFFICE named in the Schedule of this Licence and the amount due in respect of the use of the Postal Franking Machine for postage or other charges has been prepaid by the User.
2. Under no circumstances shall any seals on the Postal Franking Machine be broken except by, or in the presence of, a duly authorised Officer of An Post. There shall be no duplicate seals and the sealed mechanism shall not be interfered with an any way except by such Officer.
3. Without prejudice to the provisions of Regulation 11 of this Scheme, and except in so far as An Post may otherwise in writing allow, the Postal Franking Machine shall not be used otherwise than by the User, or for any purpose other than that of the business of the User at the premises specified in the Schedule of this licence.
4. Without prejudice to the provisions of Regulation 11 of this Scheme, the User shall, as soon as practicable, give notice in writing to the Controlling Post Office and the Supplier of any change to the details given in the Schedule of this Licence. If the User is a Limited Company and goes into
Liquidation
or
Receivership
, the User shall immediately notify An Post in writing. In the event of the User being declared
Bankrupt
, the User shall also immediately notify An Post in writing.
5. The impressions of the franking die and date stamping die shall be red in colour and shall be legible and complete, and the entire such impression shall be made only on the actual material of the cover, envelope, wrapper of a postal packet or on an address label or address labels (of a type approved by An Post) to be affixed to the cover of a postal packet to be posted.
6. Postage shall not be prepaid by meqans of illegible or incomplete franking impressions or by means of impressions on pieces of papers, other than labels of approved type affixed to letters or postal packets in the way in which postage stamps are affixed. Any such items will be liable to surcharge as unpaid.
7. The date appearing in the date-stamp impression on postal packets shall be the date on which posting is effected by the User. A Postal Franking Machine may not be used to prepay postage impressions for `Reply'.
8. The approval of An Post shall be obtained for any advertisement or slogan die used in the Postal Franking Machine mentioned in this licence.
9. The name and address of the User or such other name and address as the User may desire and as An Post may approve shall be printed, or embossed, on all envelopes, covers, wrappers, (or address labels franked by the Postal Franking Machine) unless An Post shall have given special permission to dispense with such printing or embossing.
10. All items other than parcels or bulky packets bearing a franking impression shall be arranged for posting with the addresses facing the same way and shall be securely tied in bundles of reasonable size. The User shall present items for posting in such manner as An Post may from time to time prescribe. Items shall bear the correct postal addresses of addressees.
11. All postal packets stamped by the Postal Franking Machine shall be posted by being handed in over the counter at the designated Posting Office(s) named in the Schedule of this Licence, or, in such other manner as may from time to time be agreed by An Post.
Any postal packet with a franking impression which is posted in any other way than that prescribed will be regarded as unpaid and will be surcharged accordingly.
12. Officers of An Post shall be entitled to inspect the Postal Franking Machine and this licence at the premises of the User without notice at all reasonable times during usual business hours and the same shall be brought by the User to the Controlling Post Office, or such other office as An Post may, from time to time direct, if and when required by An Post for inspection. An officer of An Post may bring the Postal Franking Machine to the controlling Post Office, or such other office as An Post may, from time to time direct, if and when required by An Post.
13. (
a
) The User shall keep the Postal Franking Machine in good condition, and shall ensure the efficient working thereof. The User shall, not less frequently than once every six months, or otherwise as An Post may from time to time direct, have the Postal Franking Machine inspected and maintained by the Supplier thereof or its duly authorised agent, or by a Maintainer approved by An Post in respect of the Equipment specified in the Schedule, so that the Supplier or its agent may firnish to An Post such certificate of good working condition of the Postal Franking Machine as may be required by An Post.
(
b
) The User shall not at any time have the Postal Franking Machine serviced or maintained by anyone other than the Supplier or its authorised agent, or the Maintainer approved by An Post.
Note
The Supplier at all times before and after the supply of the Postal Franking Machine will retain the legal ownership of franking dies, date stamping dies and postage printing mechanisms in the Postal Franking Machine.
14. An Post may, without notice, revoke any Licence granted under these Regulations if there has been a breach of any of the conditions of the Licence or where a User refuses to comply with conditions of the Licence.
15. (
a
) In the event of a Postal Franking Machine being lost or stolen from a User's premises, the User shall immediately notify the Controlling Post Office and the Supplier, or its duly authorised agent, in writing. The User must report the matter to the Gardai and a copy of that report must also be provided to An Post.
(
b
) If the Postal Franking Machine is subsequently located and/or recovered, the User must notify An Post and the Supplier or its duly authorised agent, and provide a report confirming the circumstances under which the meter has been recovered.
16. Where Postal Franking Machine is not in active use and has not been recredited for a period of three months, or such longer period of time as determined by An Post, An Post may revoke any Licence for use of the particular Postal Franking Machine granted under these Regulations on giving the User notice in writing.
17. Before any Postal Franking Machine is withdrawn from use, or, is withdrawn for any maintenance or repairs that may be necessary, it shall first be presented (by the Supplier or its authorised agent) to the Controlling Post Office, or such other office as An Post may direct from time to time, so that the register readings on withdrawal may be recorded and verified by An Post. Any credit remaining shall, where due, be refunded to the User, subject to deduction of any fees owed to An Post.
18. An Post will after receipt of a written application by the User make allowance for any impressions franked in error in respect of envelopes, wrappers or address labels
provided
that the impressions are legible and that the entire envelopes, wrappers or address labels are produced and surrendered within one month of the date of stamping. Where there are 20 items or less, no service charge will apply. Over 20 items will incur a service charge determined by An Post.
19. The User shall not without An Post's permission in writing use or permit to be used for any such purpose as aforesaid any Postal Franking Machine other than that hereby expressly permitted.
20. As soon as the User becomes aware of any mis-recording, fault or defect on the Postal Franking Machine, it shall cease to use it immediately and shall notify the Controlling Post Office and the Supplier or its duly authorised agent that a fault has occurred.
21. The User shall not permit removal from its premises of a Postal Franking Machine with the postage printing mechanism intact except removal by the Supplier or its duly authorised agent.
22. The conditions of this Licence may be altered and added to at any time by An Post if and so far as may be necessary to bring them into conformity with law or with the regulations and rules for the time being made by An Post.
23. Any notice under this Licence from An Post to the User shall be sufficiently given if notified to the User in a letter or writing left at or sent by post addressed to the address given in the Schedule or the User's last known or usual place of abode or business.
24. An Post shall not be responsible for the working of the Postal Franking Machine or be liable in respect of or by reason of any rejection or delay in delivery of any postal packets bearing such impressions as aforesaid or for the accuracy of the date of posting indicated by such impressions.
25. All postal packets impressed in pursuance of this Licence shall in all respects be subject to and regulated by the Acts, Warrants and Regulations for the time being applicable to other postal packets.
26. An Post shall not be liable for any loss either arising directly or indirectly from the loss, theft or destruction of a Postal Franking Machine the use of which is permitted under this licence, and in particular An Post shall not be bound to refund or replace any postage credit contained in a Postal Franking Machine at the time of such loss, theft or destruction PROVIDED ALWAYS that An Post may, in its absolute discretion and without prejudice to the foregoing or any other clause or condition in this Licence, refund or replace a postage credit in such case as may to it seem appropriate.
27. An Post may refuse to accept for posting, or may return to the sender, any postal packet or form on which payment of fees has been denoted by the impression made by a Postal Franking Machine, if in relation to that Postal Franking Machine there is a breach of any of the conditions of this Licence or if, in the opinion of An Post, any of the following events occurs, namely
(
a
) the Postal Franking Machine is mechanically or functionally unsatisfactory; or
(
b
) An Post considers that the Postal Franking Machine has been used improperly or in such manner as to cause embarrassment or inconvenience to An Post or to any officer of An Post; or
(
c
) if any postal packet or form bears any numbers, words, characters, symbols or marks which are or might be embarrassing (whether to An Post or to any officer of An Post or to the addressee) and which by reason of their appearance might be taken to have been impressed by means of that Postal Franking Machine.
28. Any word or phrase used in this Licence shall bear the same meaning as given to it in the Inland Post Amendment (No. 61) Scheme 1999 unless the context otherwise requires.
LICENCE SCHEDULE
Licence No: ............................................................ ............................................................ ............................
Meter Model No: ............................................................ ............................................................ ....................
Meter Serial No: ............................................................ ............................................................ .....................
Franking Die No: ............................................................ ............................................................ ....................
Manufacturer of Postal Franking Machine: ............................................................ ...........................................
Authorised Supplier: ............................................................ ............................................................ ................
Name & Address of User: ............................................................ ............................................................ ...............................................
............................................................ ............................................................ ................................................
............................................................ ............................................................ ................................................
Controlling Post Office: ............................................................ ............................................................ ............
Meter Setting Post Office (where applicable): ............................................................ .......................................
(i) Posting Office(s) at
which all franked mail
shall be handed in
............................................................ .........................................
............................................................ .........................................
............................................................ .........................................
and/or
(ii) Designated Meter Posting Box: ............................................................ .......................................................
Impression of Posting Office or frank:............................................................ ....................................................
Signed
on behalf of
An Post
............................................................ ............
Date
Signed
on behalf of
the User
............................................................ ...........
Date
SCHEDULE TWO
CERTIFICATE OF WITHDRAWAL
Customer Name: ____________________________________________________________
Address
________________________________________________________
________________________________________________________
Licence Number: ______________
Meter Serial Number: ___________
Meter Die Number: ____________
Meter Model Number: __________
Date of Withdrawals
___________
*Town & Franking Dies removed and in the possession of Supplier?
Ascending Register
___________
Descending Register
___________
Yes/No
Total Settings
___________
*Postage Printing Mechanism Disabled?
___________
Yes/No
Descending Register has been reduced to Zero
______________________
•User has been advised to apply in writing for refund of any credit due? _____________
Amount due for refund: ___________________
• Credit transferred to replacement meter—
Meter Number: ___________________
Amount transferred: ________________
REASON FOR WITHDRAWAL
(1) Substitution/Upgrade/Replacement etc. _______________________________________
(2) Ceasing to use Franking Machine for mailing purposes ____________________________
(3) Opting for Competitor's Equipment __________________________________________
(4) Meter Fault, machine withdrawn — attach report/explanation _______________________
(5) Licence revoked by An Post _______________________________________________
METER
:—
(1) Retained by the Customer __________________________________________________
(2) Retained by the Supplier ___________________________________________________
(3) Retrieved by the Leasing Company ___________________________________________
(4) Other (specify) __________________________________________________________
Agents Signature: _________________________________________________
Date
GIVEN under the Common Seal of An Post this 1st day of March, 1999.
PRESENT when the Common Seal
of AN POST was affixed hereto
JOHN HYNES
Director
MICHAEL TYNDALL
Secretary
AN POST, in exercise of the powers conferred on it by
Section 70
of the
Postal and Telecommunications Services Act, 1983
(No. 24 of 1983) hereby makes the following Scheme
Operative.