General terms and conditions of business for advertising and insert supplements in newspapers and periodicals
Section 1 ”advertising order” – as it is intended in the following general terms and conditions of business – is the contract for publication of one or more advertisements by an advertiser in a publication for the purpose of distribution.
Section 2 In case of doubt, advertisements shall be requisitioned for publication within one year after the publishing agreement is concluded. If the right to requisition individual advertisements is granted under the terms of an agreement, the order must be carried out within one year after publication of the first advertisement, insofar as the first advertisement is requisitioned and published within the time period designated in Section 1.
Section 3 With the closing of agreements, the Ordering Party is also entitled to requisition other advertisements, in addition to the number of advertisements named in the order within the time period agreed upon, or that which is cited in Section 2.
Section 4 If an order is not filled for reasons that are not the fault of the publisher, the Ordering Party, notwithstanding additional legal obligations, shall pay the publisher the difference between the promised discount and the discount corresponding to the actual purchase. This payment is not required, if the non-fulfillment is due to force majeure within the risk area of the publisher.
Section 5 Orders for advertisements and inserts, which are expressly to be published exclusively in specific numbers, issues or in specific places of the publication, must be received by the Publisher in sufficient time, so that the Ordering Party can be informed prior to completion of the advertisement, in the event that the order cannot be executed in this manner. Categorized advertisements shall be printed in their respective categories, without requiring this to be expressly agreed upon.
Section 6 The Publisher reserves the right to refuse advertising orders – as well as individual requisitions within the terms of a contract – and insert orders based on the content, the source or the technical form according to uniform, fact-based principles established by the Publisher, if their content violates applicable laws or official regulations or if their publication is unreasonable for the Publisher. This also applies to orders placed by agencies, receiving agents or representatives. Insert orders are only binding for the Publisher after presentation and approval of a sample of the insert. Inserts having a design or presentation that create the impression for the reader that they are part of the publication, or which contain third-party advertisements, shall not be accepted. The Ordering Party will be informed immediately regarding the refusal of an order.
Section 7 The Customer is responsible for the punctual delivery of the advertisement copy and error-free print documents or inserts. For recognizably unsuitable or damaged print documents, the Publisher shall request a replacement immediately. The Publisher guarantees the printing quality customary for the designated publication, within the limits set by the printing documents.
Section 8 In case of illegible, incorrect or incomplete printing of the advertisement, in whole or in part, the Ordering Party is entitled to a reduction in payment or to a correct substitute advertisement, but only to the extent that the purpose of the advertisement has been impaired. If the Publisher should exceed a reasonable time period set for the publication of the substitute advertisement, or if the substitute advertisement again contains errors, the Ordering Party has the right to reduction in payment or a cancellation of the order. Indemnity claims arising from positive breach of obligation, negligence in contracting and mishandling are excluded – including orders placed by telephone; indemnity claims due to impossibility of performance and delay are limited to the replacement of foreseeable damages and, in the monetary amount, to the compensation to be paid for the affected advertisement or insert. This does not apply to intentional and gross negligence of the Publisher, its legal representatives and agents. The liability of the Publisher for damages due to lack of guaranteed qualities shall remain unaffected. Furthermore, the Publisher is not responsible for the gross negligence of its agents in commercial transactions; in all other cases, the liability for gross negligence with respect to businesspersons is limited in its extent to the foreseeable damages up to the amount of the cost of the affected advertisement. With the exception of defects that are not obvious, complaints must be put forward within 4 weeks of receiving the invoice and receipt.
Section 9 Proofs are provided only when expressly requested. The Ordering Party bears responsibility for the correctness of returned proofs. The Publisher shall take into account all error corrections which are communicated to it within the period set at the time of forwarding the proofs.
Section 10 If no specific size has been stipulated, the actual print size customary for the type of advertising shall be the basis for invoicing.
Section 11 In the event that the Ordering Party does not pay in advance, the invoice shall be sent immediately, if possible, however, fourteen days after publication of the advertisement. The invoice shall be paid within the period as indicated in the price list, unless a different payment period or prepayment has been agreed upon in individual cases. Possible discounts for early payments are granted according to the price list.
Section 12 In the case of delayed payments, or those allowed an extended time for payment, interest and collection fees will be charged. In case of delayed payment, the Publisher can hold back further execution of the current order until payment has been made, and can demand prepayment for the remaining advertisements. In case of reasonable doubt of the Ordering Party's ability to pay, the Publisher shall be entitled to make the appearance of further advertisements dependent on prepayment of the amount and the settlement of any open invoice amounts, even within the duration of an advertisement contract, regardless of the terms of payment that were originally agreed upon.
Section 13 Upon request, the Publisher shall deliver a specimen of the advertisement along with the invoice. Depending upon the type and scope of the advertising order, the specimens shall be delivered as clippings, entire pages or entire issues. If a specimen can no longer be obtained, the Publisher shall provide instead a legally binding certification of the publication and distribution of the advertisement.
Section 14 The Ordering Party shall bear the costs for the production of ordered printing documents and drawings, as well as for the considerable modification of previously agreed upon versions, which the Ordering Party has requested or for which he is responsible.
Section 15 In case of a contract for multiple advertisements, a claim to reduction in price may result from a reduction in circulation, if the average circulation for the insertion year, beginning with the first advertisement, is below the average circulation stated in the price list or otherwise, or – if no circulation quantity is stated – is less than the average circulation sold (for trade journals, this can also be the average number actually distributed) in the previous calendar year. A drop in circulation only grants the right to price reduction when – for circulations of up to 50,000 – it amounts to 20 %. Furthermore, claims to price reduction are excluded, if the Publisher has informed the Ordering Party in due time of the drop in circulation, allowing time for withdrawing from the contract prior to publication.
Section 16 In the case of keyed advertisements, the Publisher shall take as much care in handling and punctually passing on the offers as would a responsible businessman. Registered and express mail responses to keyed advertisements shall only be forwarded by conventional post. Responses to keyed advertising shall be kept for four weeks. Responses not collected within this time period will be destroyed. The Publisher will return valuable documents without being obligated to do so. The Publisher reserves the right, in the interest of the Ordering Party and for the protection of same, to open incoming offers for inspection purposes, so that the misuse of keyed advertising services is prevented. The Publisher is not bound to forward business recommendations or offers to act as agents.
Section 17 Print documents are returned to the Ordering Party on express request. The obligation of retention shall end after a period of one year.
Supplementary terms and conditions of business of the Publisher
a) In regard to changes in advertising prices, reduction in prices for current orders take effect immediately and price increases take effect following a waiting period set by the publisher. Reference to the corresponding valid price list may be found in the Imprint.
b) The exclusion of competing companies can only be agreed upon for two pages lying opposite of one another. Excluding the competition cannot be guaranteed, when a specific advertisement has been bindingly accepted and confirmed.
c) Verbal acceptance (such as for placement) first becomes binding with written confirmation by the Publisher.
d) Advertising agencies and other advertisers are obliged to adhere to the price list of the Publisher in their offers, contracts and invoices in respect of advertisers.
Applying as well for the delivery of books and periodicals:
With the acceptance of the delivery, the delivery and payment condition shall be considered as having been accepted.
Insofar as no other agreement has been reached, a flat-rate shipping fee shall be applied for the delivery of all books and individual periodicals. When special forms of shipping are requested or are necessary, such as registered or express mail and/or airmail, accumulated fees shall be invoiced separately. The Ordering Party shall be held liable for the risk of transport. Readily apparent transport damages are to be registered with the carrier.
1. Deliveries that have been mistakenly carried out shall be taken back without objection.
2. Defective wares (wares with manufacturing defects) shall be exchanged with defect-free wares.
Returns for other reasons require the prior written approval of the Publisher. The Ordering Party shall be liable for the cost and risk of transport, with the exception of cases named above in points 1 and 2.
Resellers are expressly obligated to adhere to the fixed retail price of books. Book distributors must obligate their buyers in this same manner. This also applies to the Publisher´s fixed ”special prices”, such as subscription prices. Exceptions to this rule are periodicals and publications that are designated as having a ”suggested price”.
Invoices are – insofar as not otherwise agreed upon – due 30 days after they have been issued. When the target date of payment has been exceeded, the Publisher is entitled to charge dunning fees and interest on arrears that are in keeping with conventional banking practice.
All deliveries and services shall remain the property of the Publisher until the payment of all open invoices and additional costs arising from the business relationship. The recipient is entitled to resell in his own name the delivery from the Publisher, but thereby rescinds all claims against the Publisher.
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01. September 2007