General terms and conditions for advertisers
These conditions shall apply to all advertisements accepted for
publication. Any other proposed condition shall be void unless incorporated
clearly in written instructions and specially accepted by the
publisher.
All advertisements are accepted subjects to the publishers
approval of the copy and to the space being available.
If it is intended to include in an advertisement, a competition or
a special offer of merchandise, other than that is normally associated
with the advertised product, full details must be submitted at the time
of booking.
The publisher reserves the right to refuse or suspend an
advertisement at any time for good reason, in which case no claim on
the part of any advertiser for damage or breach of contract shall arise.
Should such an omission or suspension be due to the act or default of
the advertiser or his servants or agents, then the space reserved for
the advertisement shall be paid for in full notwithstanding that the
advertisement has not appeared. Such omission or suspension shall be
notified to the advertiser as soon as possible.
If the publisher considers it necessary to modify the space or
alter date or position of insertion or make any other alteration, the
advertiser will have the right to cancel if the alteration requested is
unacceptable, unless such changes are due to an emergency or
circumstance beyond the publisher’s control.
The publisher shall not be liable for any loss or damage suffered
by the advertiser as a result of any total or particular failure (however
caused) of publication or distribution of any journal or issue in which
any advertisement is scheduled to appear. In the event of any error
misprint or omission in the printing of any advertisement or part of an
advertisement, the publisher will either reinsert the advertisement or
relevant part of the advertisement as the case may be or make a reasonable
refund of or adjustment to the cost. No reinsertion or adjustment
will be made where the error, misprint or omission does not
materially detract from the advertisement. In no circumstances shall
the total liability of the publisher for any error, misprint or omission
exceed the amount of a full refund of any price paid to the publisher for
the particular advertisement in connection with which liability arose or
the cost of a further or corrective advertisement reasonable comparable
to that in connection with which liability arose. Without prejudice to the
foregoing the publisher shall not be liable for any indirect or consequential
loss including without limitation loss of business or profits in
consequence of any advertisement. Every care is taken to avoid mistakes
but the publisher cannot accept liability for any error due to third
parties, subcontractors or inaccurate copy instructors.
The advertiser warrants that the advertisement does not
contravene any Act of Parliament nor is it in any other way illegal or
defamatory or an infringement of any other parts rights or an
infringement for the British Law.
The advertiser will indemnify the publisher fully in respect of any
claim made against the publisher arising from the advertisement. The
publisher will consult with the advertiser as to the way in which such
claims are to be handled.
Advertisement rates are subject to revision at a time and
orders are accepted on the condition that the price binds the
publisher only in respect for the next issue to go to press. In the
event of a rate increase, the advertiser will have the option to
cancel the order without surcharge or continue the order at the
revised advertisement rates.
If any advertiser cancels the balance of the contract, except in
the circumstances set out in clause 5. or 6. above, he relinquishes any
right to that series discount to which he was entitled previously and
advertisements will be paid for at the appropriate rate.
Series discount apply only to orders placed in advance and
complete within one year of first insertion. The publisher reserves the
right to surcharge in the event or insertion not being completed within
the contractual period.
Credit accounts must be settled in accordance with the terms
shown on the invoice, which are strictly net. In default, all outstanding
transactions will become liable for immediate settlement. Interest will
be charged monthly on overdue accounts at the rate of 1%.
All gross display advertising rules are subject to the current
Advertising Standards Board of Finance surcharge payable by the
advertisers. When orders are placed by advertising agents the agent
will be responsible for collecting this surcharge and paying it to the
Advertising Standards Board of Finance. Where the advertiser places
advertising directly the publisher will surcharge its gross rate by the
current rate and pass this directly to the Advertising Standards Board
of Finance.
Charges will be made to the advertiser or his agent where
the printer is involved in extra production work owing to acts or defaults
of the advertiser or his agents. These charges will be at the rates
agreed prior to publication. Complaints regarding reproduction of
advertisements must be received in writing within one calendar month
of the cover date.
Where the advertiser has undertaken to supply inserts which
have been accepted and approved by the publishers, the publisher
reserves the right to charge the rate agreed if they fail to arrive at the
agreed time and place for insertion.
Where the publisher provides a Reader Enquiry Service for the
benefit of his readers, he shall not be contractually bound to pass such
enquiries to the advertiser.
Cancellation or suspension of an insertion must be received in
writing by the publisher within a period specified by the appropriate
individual publication(s). Cancellations must be received 28 days prior
to the publication date.
Copy must be supplied by the advertiser or his agent without
application from the publisher. If copy instructions are not received by
the agreed copy date no guarantee can be given that proofs will be
supplied nor corrections made and the publisher reserves the right to
repeat the most appropriate copy.
Advertisers’ property, artwork, etc are held at owners’ risk and
should be insured by them against loss or damage from whatever
cause. The publisher reserves the right to destroy all artwork which has
been in his/her custody for twelve months from the date of its last
appearance.
For the purpose of these conditions ‘advertisers’ shall refer to the
advertiser or his agent, whichever is the principal ‘advertisement’ shall
include loose or other inserts where appropriate.
These conditions and all other express terms of the contracts
shall be governed and construed in accordance with the Law of
the Federal Republic of Germany.
