General Business Terms and Conditions Governing Advertising Orders
1. Advertising Order as used here in shall mean any order for the publication of one more client's advertisements in a publication for purposes of circulation.
2. Advertising Orders shall be executed within one year after conclusion of the contract.
Should the right to recall individual advertisements be extended to the client, the order shall be executed within one year of the appearance of the first advertisements, so long as the first advertisement shall have appeared in accordance with paragraph 1.
The client shall be entitled to recall further advertisements within the specifically agreed deadlines mentioned in sections 1 and 2.
3. The publisher shall be entitled to decline advertisements and orders for Insertion even after the conclusion of the contract by reason of their content, on the grounds of origin or technical form in accordance with the uniformly applicable basic regulations of the publisher, if such content conflicts with the law, with legal provisions, or with common moral standards or if the publisher deems their publication unreasonable. This shall also apply to inserts and supplement contracts. They may also be declined if they would tend, through their format or layout, to create in the reader the impression that they form an integral part of the magazine or journal.
4. The placing of advertisements, supplements and client-supplied inserts in specific issues, editions or page locations is in no way guaranteed.
5. Advertising orders are binding, if they are given in person, by telephone, in writing, by fax or by e-mail.
The information contained in the publishing company's confirmation of orders is the information Ihe publishing company uses to carry out the order.
The client shall be responsible for the timely delivery of t he advertising text and of satisfactory print materials and inserts. Should execution of the advertising order not be possible because these materials were available too late or incompletely, the client shall bear the full costs of the advertisement.
6. In cases where the advertisement has been erroneously printed the client shall have the right to claim a reduction in payment. In the cases of errors which grossly detract from the purposes of the advertisement the client shall have the right to claim publication of a satisfactory replacement advertisement.
No further claim on the part of t he client shall be admitted.
7. The client shall bear all charges for preparation of proposals presented in the order, for printing plates, lithographs and at work as well as for subsequent alterations thereto.
8. Proofs sheets shall be delivered only on request.
Should the client not return by the prescribed dead line proofs sheets which were delivered to him in good time, approval to print shall be held as having been given.
9. Print materials shall be returned only when specifically requested.
The period for safekeeping of such materials shall be three months after the execution of the order.
10. In the case of box number advertisements the publisher shall bear only such liability as in customary in the publishing business for the safekeeping and timely forwarding of mail. Liability for indirect damages is excluded. Registered and express mail shall be forwarded by normal mail. Storage time for incoming mail shall be four weeks after receipt. After that time, mail received shall be destroyed.
11. No claim under the warranty or for compensation for damages shall be admitted that has not been made within four weeks after publication of the advertisement through a written notification of errors.
12. Should performance of the order be impossible owing to circumstances not attributable to the publisher, the client shall be obligated to compensate the publisher for all costs (typesetting, film processing, and the like) arising therefrom.
Should be advertisements qoverned by the order be published in part owing only to circumstances not attributable to the publisher, the client shall be charged only a corresponding fraction.
Discounts allowed shall be adjusted to the value of advertisements actually appearing.
Claims for compensation of damages by the client for advertisements which for whatever reason have not been published or have not been published in good time shall not be admitted.
13. It is agreed that such compensation shall apply as is set forth in the relevant schedule of fees issued by the publisher. For calculation of advertisement space sold, text millimetres shall be converted into advertisement millimetres to obtain price.
Should specific size of advertisement not be agreed upon, the advertisement shall be invoiced on the basis of the size actually published.
Compensation shall be payable within the collection period stipulated in the schedule of fees. When payment is delayed, past-due interest at the rate of 40/0 over the prevailing Deutsche Bundesbank discount rate shall be assessed. A fee of € 5.- shall be charged for each letter for demand of payment.
Where payment is delayed the publisher shall be able to defer the further execution of current orders until payment is made without thereby cancelling the entire order.
14. All contracts shall be subject to the laws s of the Federal Republic of Germany. For contracts between independent foreign subsidiaries and their clients, the law of the country in which the subsidiary is registered is binding. PIace of performance and jurisdiction is the headquarters of the subsidiary.
15. Place of performance and judicial venue shall be the city of Essen.
16. In accordance with §§ 26 and 34 of the Bundesdatenschutzgesetz of 01.01.1978 we herewith give notice that we shall be employing electronic data processing for administration and invoicing of the contract. For this purpose we or a third party shall be storing personally applicable data insofar as it is of significance for the performance of t he contract.
17. Where not otherwise stipulated in these General Business Terms and Conditions Governing Advertising Orders, our Allgemeine Lieferbedingungen (General Terms and Condit ions of Supply) shall apply.
18. Any oral agreements not in keeping with the conditions for delivery and payment must be in writing.
19. If the client's billing address differs from his mailing address, the client must inform the publishing company accordingly and provide the appropriate address.
20. If one of the above conditions violates any law of regulation, the validity of none of the other conditions is affected. In such a case, the void condition should be interpreted in a manner that permits the achievement of the aim the void condition was intended to achieve.
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