S.I. No. 77/1999 - Inland Post Amendment (No. 61) Scheme 1999.


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.

1. (1) This Scheme may be cited as the Inland Post Amendment (No. 61) Scheme, 1999.

(2) This Scheme shall come into operation on the 1st day of March, 1999.

(3) Unless otherwise specified, reference to regulations followed by a number refers to the relevant regulation of this Scheme.

Definitions.

2. In this Scheme, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:

“Appropriate Documentation” refers to the standard forms, from time to time designed by An Post and notified to the Suppliers, that must be provided by suppliers to facilitate licence applications, amendments to licence, meter installations, meter withdrawals and other similar purposes as determined by An Post from time to time.

“Ascending Register” means the `credit used' register of the Postal Franking Machine;

“Controlling Post Office” means the post office at which records relating to a particular Postal Franking Machine are kept;

“Date Stamping Die” means the die used in a Postal Franking Machine to denote the date and place of posting;

“Descending Register” means the `credit' balance register of the Postal Franking Machine;

“Equipment” is a collective term which shall include Remote Electronic Credit resetting systems, Postal Franking Machines, Meters, and all other constituent parts used for making postal franking impressions;

“Franking Die” means the die used in a Postal Franking Machine to denote postage amount and includes the die number, characters, words, symbols and marks as specified by An Post;

“Franking Impression” means the printed postal mark produced by a Postal Franking Machine that includes postage amount, date and place of posting, and may also include a Slogan Die impression;

“Licence” means a Licence in the form set out in Schedule 1 of this scheme;

“Lockoff” is a condition of the Postal Franking Machine when either the Descending Register has reached a minimum preset value or the Ascending Register has reached the maximum value which inhibits the Postal Franking Machine from further functioning until reset;

“Lockout” is a condition of a Postal Franking Machine when a fault has occurred which requires an engineering reset by the Supplier;

“Maintainer” means any person, who is approved by An Post, to maintain and inspect a specified type (or types) of Postal Franking Machine;

“Meter” means the unit which contains the postage printing and recording mechanisms of a Postal Franking Machine;

“Meter Setting Office” means the post office designated as the office at which a manual Postal Franking Machine is recredited;

“Postal Franking Machine” means a franking machine of any such type as An Post may from time to time specifically approve, designed to denote the payment of postage and other fees, charges and sums payable to An Post, by means of a franking impression, and includes any meter used in the Postal Franking Machine or in connection therewith and dies used in the Postal Franking Machine;

“Posting Office” means the post office(s), and/or Meter Posting Boxes, designated as the office(s)/boxes at which the metered mail is to be posted;

“the Principal Warrant” means the Inland Post Warrant, 1939 ( S.I. No. 202 of 1939 );

“Remote Electronic Credit” is a method of credit resetting certain Postal Franking Machines remotely from the Postal Franking Machine via an electronic signalling medium;

“Slogan die” means the die used in a Postal Franking Machine containing advertising matter, slogans or return addresses;

“Supplier” means a manufacturer or distributor of Equipment and shall where the context so admits or requires include any agent of a Supplier;

“User” refers to the person or company to whom a Licence is granted;

“Withdrawal Certificate” means a certificate given by a Supplier to An Post in the form set out in Schedule Two.

Pre-payment by Postal Franking Machine.

3. (1) In addition to the modes of prepayment specified in Regulation 10 of the Principal Warrant, postage may be prepaid by a User, licensed by An Post in accordance with Regulations 11 or 13 using a Postal Franking Machine approved by An Post in accordance with Regulation 6 and supplied by a Supplier approved by An Post in accordance with Regulation 4(2).

(2) Postal packets bearing a Franking Impression shall be posted only at such Post Offices within such hours and under and subject to such conditions and restrictions as An Post may consider appropriate.

(3) For the purposes of Regulation 10 of the Principal Warrant, postage shall be deemed not to have been prepaid if, in the opinion of An Post, the Franking Impression is illegible, or defaced in any way, or if the complete Franking Impression does not appear on the postal packet.

Qualification and Approval of Suppliers.

4. (1) Any Supplier who wishes to supply Equipment under this Scheme must be in a position to:

(a) satisfy An Post of its integrity and financial standing;

(b) obtain approval from An Post in respect of at least one Postal Franking Machine;

(c) have, or establish, adequate manufacturing facilities suitable for the manufacture of Postal Franking Machines;

(d) have adequate facilities for control, distribution and maintenance of Postal Franking Machines.

(2) Any Supplier of Equipment who satisfies the criteria set out in Regulation 4(1) may enter into a written Agreement with An Post for that purpose, on terms and conditions acceptable to An Post, and may be approved by An Post to supply Equipment.

Suppliers' Distributors and Maintainers.

5. Suppliers may not, without the prior written consent of An Post, appoint any person as a Distributor or Maintainer of Postal Franking Machines.

Approval of Equipment.

6. (1) No Equipment shall be supplied by a Supplier unless that Equipment including Remote Electronic Credit resetting systems is of a type which is approved by An Post in writing.

(2) Any subsequent modifications to Equipment must also be approved before such Equipment is supplied to Users.

Recovery on Withdrawal of Licence.

7. Suppliers shall at all times before and after the supply to persons of Equipment retain the legal ownership of franking dies, date stamping dies and postage printing mechanisms in such Equipment whether or not the Equipment is owned by the User or leased by the Supplier. The Supplier shall recover any of the said dies and postage printing mechanisms supplied by them upon receiving notification from An Post in writing that the Licence from An Post in respect thereof has been revoked.

Decertification of Systems and Equipment.

8. An Post may, at any time, by notice in writing to the Supplier, suspend or revoke any approval previously given for a particular type of Equipment. In order to protect the revenue of An Post, and to minimise the risk of fraud, An Post will exercise caution in continuing to approve the use of Postal Franking Machines which may be susceptible to tampering and/or which have become increasingly unreliable operationally.

Suppliers to Notify Faults in Equipment.

9. Suppliers must notify An Post immediately in writing as soon as they become aware of any potential security weaknesses in any Equipment.

Suppliers to keep safe custody of Equipment and Service Programs.

10. (1) Suppliers shall satisfy An Post as to the provisions made by them for the safe custody of all Equipment and component parts in their possession or under their control and the officers or agents of An Post at all reasonable times during usual business hours may visit the premises where any such Equipment is kept and inspect such Equipment.

(2) Suppliers shall satisfy An Post with regard to their security management processes in respect of all meter control software and programs which may affect information stored within electronic Equipment.

(3) Suppliers shall whenever so requested to do so, submit to An Post for approval the details of a system of control of Equipment and service programs supplied or to be supplied by them. Such systems of control shall be designed so as to include the following information which must be made available to An Post on request:

(a) the method of numbering of the franking dies;

(b) the location (with corresponding dates and serial numbers) of all Equipment from, and including, manufacture thereof and, in particular, the location and corresponding dates and serial numbers in respect of placing in stock, issues to distributors, repossession by the Supplier, re-issue and destruction;

(c) the method by which the information in paragraph (b) above is to be obtained and monitored.

Licensing of Users

11. (1) Any approval which An Post may grant for the use of Equipment shall be limited to the use for which approval was granted and is granted by the issue to such User of a Licence on which is stated the name of such User, the address at which the Equipment may be used, the Controlling Post Office, the Meter Setting Office where applicable, the Posting Office(s), the model of Postal Franking Machine, the Franking Die number, Date Stamping Die impression and the serial number of the Postal Franking Machine.

(2) Any Licence so granted shall be subject to the User undertaking to observe the regulations laid down by An Post at any time concerning the use of Equipment. The Licence shall be in the form set out in Schedule One and shall be subject to the terms and conditions therein specified.

(3) Equipment 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 Licence Schedule.

(4) The User shall give notice in writing to the Controlling Post Office, and the Supplier, of any change in the details given in the Licence Schedule within 3 working days of such change occurring.

Refusal by An Post to Grant a Licence.

12. (1) An Post may refuse to grant a Licence to any person, or company, for any reason which it considers fair, and which would be considered objectively reasonable by a Supplier or other User, in particular but without limitation any reason which may lead An Post to believe that there is a revenue risk or that the Equipment may be used fraudulently. A revenue risk may arise, for example, where it is proposed to use Equipment which is unreliable, or where there may be doubts as to the financial standing of the proposed User.

12. (2) An Post may also refuse to grant a Licence to any person who:

(a) is found to have submitted false or fictitious information on the Licence application;

(b) is found to have violated any standard for the care or use of a Postal Franking Machine on a previous occasion;

(c) cannot guarantee that he or she will use the Postal Franking Machine according to applicable standards;

(d) has been declared a bankrupt in the previous three years;

(e) in the case of a company, is in liquidation or receivership.

Transitional Licences for Users.

13. The holder of a Licence granted under Regulation 10 of the Principal Warrant in respect of a Postal Franking Machine which is current on the day specified in Regulation 1 of these Regulations may use that Postal Franking Machine during the currency of that Licence notwithstanding Regulation 3 of these Regulations.

Revocation of Licence for Users.

14. (1) An Post may, without notice, revoke any Licence granted under these Regulations or any Licence granted under the Principal Warrant 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 or where it appears to An Post to be fair to do so, and would be considered objectively reasonable by a Supplier or other User.

(2) A Licence may also be revoked if the User:

(a) is found to have used the Postal Franking Machine for any illegal purposes;

(b) has not used the Postal Franking Machine for a period of three consecutive months.

(c) has not exercised sufficient control of the Postal Franking Machine or followed the standard for its care or use.

Pre-Installation Inspection of Equipment.

15. (1) No Equipment shall be delivered to a User's premises until it has first been presented, along with the appropriate documentation, by the Supplier to An Post for inspection and verification, or otherwise as An Post may from time to time direct.

(2) No person shall be supplied with, or use Equipment, unless a Licence in respect of that Equipment has been issued by An Post.

Mandatory Maintenance and Safe Custody.

16. (1) The User shall keep the Equipment in good operating condition, and to 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 Equipment inspected and maintained by the Maintainer.

(2) The User shall not at any time permit the Postal Franking Machine to be repaired or altered by anyone other than the Supplier or the Maintainer.

(3) The User shall not permit removal from their premises of a Postal Franking Machine with the postage printing mechanism intact except in the case of removal by the Supplier, or by An Post, of that Equipment.

(4) In the event of Equipment being stolen or lost, the User shall immediately notify An Post, at the Controlling Post Office, and the Supplier in writing. The User must report the matter to the Gardai and a copy of that report must also be provided to An Post within 3 working days of the theft or loss.

(5) If Equipment is subsequently located and/or recovered, the User must notify An Post, and the Supplier, and provide a report confirming the circumstances under which the Equipment has been recovered.

Inactive Equipment.

17. (1) Where Equipment is not in active use, and has not been recredited for three months, or such period of time as determined by An Post, An Post may revoke any Licence for use of a particular Postal Franking Machine granted under these Regulations or any Licence granted under the Principal Warrant, on giving the User notice in writing.

(2) On revocation of the Licence the Supplier shall withdraw the Franking Die and Date Stamping Die from the Equipment, or, where applicable, shall disable the postage printing mechanism in accordance with An Post's requirements.

User Discontinuing Use of Equipment.

18. (1) If the User desires to discontinue the use of Equipment, the User shall, as soon as practicable, give to An Post at the Controlling Post Office, and the Supplier, notice in writing of such desire. The Licence for use of that Equipment shall then be revoked.

(2) The Supplier shall, as soon as practicable and no later than 21 days after receiving such notice, collect the Equipment from the User's premises and present it to An Post at the Controlling Post Office, or at any office from time to time designated by An Post, and shall, where possible, in the presence of an officer of An Post, remove the dies from the Postal Franking Machine or, where applicable, shall disable the postage printing mechanism in accordance with an Post's requirements. The Descending Register on the Postal Franking Machine should be reduced, to zero where possible, in the presence of an officer of An Post.

Withdrawal Procedure in the event of Revocation of Licence.

19. (1) In cases where Equipment is being withdrawn from use due to the revocation of the Licence, the Supplier shall collect the Equipment from the User's premises as soon as practicable after receiving notice from An Post, and in any event within 5 days of such notice. The Supplier shall then present it to An Post at the Controlling Post Office or at any office from time to time designated by An Post, and shall, where possible, remove the Franking Die and Date Stamping die from the Postal Franking Machine or, where applicable, shall disable the postage printing mechanism in accordance with An Post's requirements and reduce the Descending Register on the Postal Franking Machine, to zero where possible, in the presence of an officer of An Post.

(2) Under no circumstances shall a Supplier remove Equipment from a User's premises with the postage printing mechanism intact other than Equipment over which it has legal ownership as specified in Regulation 7.

Withdrawal Procedure for Non-Letterpress Technology.

20. In the case where a Postal Franking Machine utilising a postage printing mechanism other than letterpress technology is being withdrawn from use, for whatever reason, An Post's withdrawal requirements shall be contingent on the type of printing mechanism in use and such requirements shall be outlined to the Suppliers at the time of approval of the Equipment or otherwise as An Post may from time to time deem necessary.

Supplier to Inspect Equipment.

21. (1) The Supplier shall, not less frequently than once every six months, or otherwise as An Post may from time to time direct, have all Equipment thoroughly inspected to determine that it is in proper operating condition and recording correctly and accurately so that the Supplier, or its duly authorised agent, may furnish to An Post such certificate of the good working condition of the Postal Franking Machine as is required by An Post.

(2) Under no circumstances whatsoever may An Post's security seal on a Postal Franking Machine be broken until the Postal Franking Machine has first been presented by the Supplier to An Post for inspection and verification.

Irregular Operation and/or Use of Equipment.

22. (1) Should the Supplier become aware of any irregularity in the operation of Equipment or any evidence of improper use by the User, the Supplier shall remove the Equipment and immediately report the matter to An Post and present the Equipment for verification to the Controlling Post Office or at any office designated by An Post.

(2) Should An Post become aware of any irregularity in the operation of Equipment or any evidence of improper use by the User, An Post may remove the Equipment.

Defective Equipment.

23. (1) When any Supplier becomes aware of, or is notified, of any Lockout, mis-recording, faulty or defective Equipment, such Equipment shall immediately be retrieved from the User and presented to the Controlling Post Office, or at any post office from time to time designated by An Post, for inspection and verification before it is withdrawn from use.

(2) Where a Postal Franking Machine is withdrawn from use due to any malfunction, the Supplier shall highlight this fact on the required withdrawal documentation provided to An Post. The Supplier shall also furnish a fault report to An Post explaining the malfunction and its effect, if any, on the recording mechanisms of the Postal Franking Machine.

(3) Under no circumstances where a fault may have affected the recording mechanism of a Postal Franking Machine shall credit be transferred to a replacement Postal Franking Machine or credit refunded to the User until An Post is fully satisfied that any such credit remaining is in fact due and that no loss to the revenue of An Post's revenue has occurred or can possibly occur as a result of the malfunction.

(4) Where a Postal Franking Machine has failed to Lock-off, it must be noted on the Withdrawal Certificate and the resulting amount due to An Post as a result of this failure must also be confirmed and the User notified accordingly.

(5) The Supplier shall, on withdrawal of the dies from the Postal Franking Machine, or having otherwise disabled the postage printing mechanism in accordance with An Post's requirements, provide An Post with a Withdrawal Certificate confirming the final register readings on the Postal Franking Machine and that the dies, where applicable, have been removed. The Descending Register on the Postal Franking Machine should be reduced, to zero where possible, in the presence of an officer of An Post.

(6) An Post shall, subject to the deduction of any fees due to it, refund to the User the balance of any credit remaining which is due to the User on withdrawal of Equipment.

Right to Reject Postings.

24. 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 the User's 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.

Refunds of Postage.

25. An Post shall make allowance for any impressions stamped in error, after receipt of a written application by a User and on surrender of the entire envelopes, wrappers, labels, or forms bearing those impressions, provided that the amounts shown on those impressions are legible and that the entire envelopes, wrappers, labels or forms are produced and surrendered within one month of the dates respectively shown thereon. Any such allowance may be subject to a service charge at the discretion of An Post.

Notices.

26. Any notice from An Post to the User to cease the use of a Postal Franking Machine shall be sufficiently served if notified to the User in writing, by post, at the address at which the Equipment may be used, as referred to in Regulation 11 of these Regulations.

SCHEDULE ONE

Licence for the use of a Postal Franking Machine for denoting Prepayment of Postage

Whereas the User named in the Schedule hereto has applied to An Post for permission to use, for the business of the User, a Postal Franking Machine, together with such Meter and Franking and Date-stamping dies as are specified in the Schedule hereto for the purpose of making impressions on postal packets to denote prepayment of postage to such extent and in such cases as An Post shall for the time being authorise. NOW therefore in pursuance of Regulation 19 of the Foreign Post Warrant 1949 and Regulation 3 of the INLAND POST AMENDMENT (No. 61) SCHEME 1999 An Post hereby grants to the User licence and permission to use the said Postal Franking Machine for such purpose as aforesaid subject to the conditions hereinafter set forth. Such licence and permission to continue until revoked or determined as specifically provided in the next succeeding proviso that is to say PROVIDED ALWAYS that (a) this Licence may be revoked fortwith by An Post if there shall be any breach by the User of any of the conditions herein contained, or, by notice in writing to the User in the event of any Postal Franking Machine proving mechanically or functionally unsatisfactory such that it poses a revenue risk for An Post, or, in the event of An Post considering that any Postal Franking Machine has been improperly used or has been used in such a manner as to cause embarrassment or inconvenience to An Post (b) An Post accepts no liability whatever in respect of any present or future infringement or alleged infringement of any intellectual property rights in relation to the said Postal Franking Machine and (c) this Licence may be determined by not less than fourteen days notice in writing from An Post to the User in the event of the repeal of the said Regulations or either of them in the said Post Warrants or in the event of any such modification of the said Regulations or either of them as makes it requisite for An Post to determine this Licence or in the event of An Post being advised that such determination is expedient in consequence of any claim or demand having been made against An Post on the ground of any such infringement of intellectual property rights as aforesaid and (d) if for any other reason An Post considers it necessary or desirable to revoke this Licence and permission.

THE CONDITIONS ABOVE REFERRED TO

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:

 

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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