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The mailer also determines the type of media on which it
receives petitioner's rental list. For the base price, the
mailer receives the rental list printed on Cheshire labels
(ungummed labels that are affixed by machine). For an extra fee,
the mailer can receive the rental list on pressure-sensitive
labels or on magnetic tape. Triplex charges petitioner extra
fees for the provision of the rental list on the different media.
Before August 1993, petitioner charged the mailer, as media fees,
the same amount which Triplex charged petitioner. After August
1993, CMS, with petitioner's approval, set prices for the media
fees in excess of the Triplex fees. A mailer determines the way
the rental list is shipped, and, depending on the mailer's
choice, Triplex charges petitioner a shipping fee. Petitioner
charges the mailer a shipping fee equal to the amount that
Triplex charges petitioner.
As is standard in the industry, the mailer is billed and
payment is collected by the following process. After filling an
order, Triplex bills the list manager for the fees associated
with filling the order including running, special selection,
media, and shipping fees. The list manager then bills the mailer
or the mailer's list broker. If the mailer uses an independent
list broker, the bill is for the listed base price, plus any
special selection, media, and shipping fees, less the list
brokerage commission (which was included in the base price).
Before it sends the bill to the mailer, the list broker adds its
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Last modified: May 25, 2011