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1. In the present Standard Terms and Conditions, "advertising order"
means a contract entered into by an advertiser or other party that
allows for the publication of one or more advertisements in a print
media publication for purposes of dissemination of such ad-vertisement.
2. In case of any uncertainty, advertisements are to be called off
within 12 months of the date upon which the contract becomes effective.
If the contract entitles the cus-tomer to place individual
advertisements, the contract must be performed in its entirety within
one year of publication of the first advertisement, insofar as such
advertisement was called off and run within the time limit stipulated in
the first sentence of the present clause.
3. Where a valid contract has been concluded, the customer shall be
entitled to call off additional advertisements exceeding the
contractually stipulated quantity, either within the time limit agreed
or that stipulated by clause 2 hereunder.
4. If a contract cannot be fulfilled owing to circumstances beyond the
publisher's control, the customer shall pay the publisher the difference
between the discount granted and the amount due for the volume of
advertisements actually provided, irrespective of any additional legal
Such payment shall be excluded insofar as the publisher's default is the
result of force majeur originating in the publisher's sphere of risk.
5. Advertising orders and third-party inserts for particular issues or
particular positions in a given issue must be received by the publisher
sufficiently early to allow the publisher, if need be, to notify the
customer prior to the issue closing date that an order cannot be
performed in the manner requested. Classified advertisements shall be
printed under the relevant rubric without conclusion of a specific
6. Text advertisements are advertisements that are positioned in such a
way that there is a minimum of three pages of text between the
customer's advertisement and any other advertisement. The publisher
shall prominently position the word "advertisement" in any advertisement
whose design makes it unrecognizable as such.
7. Pursuant to the publisher's factually justified guidelines, he shall
be entitled to refuse any advertising order, contractually stipulated
insert, or insert for which an order has been placed insofar as the
content, provenance or technical condition of such adver-tisement is in
violation of legal or official regulations or insofar as the publisher
cannot reasonably be expected to run the advertisement. This also
applies to orders that are placed through any of the publisher's branch
offices, receiving offices or representa-tives. Insert orders shall only
be legally binding for the publisher after a copy of the in-sert has
been submitted to and approved by the publisher. Inserts which by virtue
of their format or appearance create the impression in the reader that
they constitute edi-torial content of a newspaper or magazine, or which
contain third party advertisements, shall only be accepted after being
reviewed and approved by management. Where an order has been refused,
the customer shall be notified without delay.
8. It shall fall to the customer to deliver to the publisher any
advertising copy, as well as error-free printed documents or inserts.
Where printed documents are clearly unsuitable or damaged, the publisher
shall request replacement copies without delay (see letter "g" of the
Supplementary Standard Terms and Conditions). The publisher warrants
that the printing quality he supplies will be that which is customary
for the selected publication insofar as technically possible for the
printed documents concerned.
9. Where the published advertisement is illegible in whole or in part,
or is erroneous or incomplete, the customer shall be entitled either to
a price reduction or to a replacement advertisement that is devoid of
anomalies or errors, but only insofar as the advertise-ment, as printed,
would have failed to fulfill its intended purpose. Where the publisher
fails to take remedial action within a reasonable period set for this
purpose, or where the replacement advertisement is flawed, the customer
shall be entitled to a price re-duction or to annul the contract.
Compensation claims for consequential losses, in-fringement of
pre-contractual rights and unlawful action shall be excluded for all
orders, including telephone orders. Claims resulting from the
publisher's inability or failure to perform the contract shall be
limited to compensation for foreseeable damage and to monies paid for
the advertisement or insert concerned. The aforestated shall not apply
to damage caused intentionally or to gross negligence on the part of the
publisher, his legal representatives or his agents. This shall have no
effect on the publisher's liability for lack of promised attributes.
Additionally, the publisher shall not be liable for the gross negligence
of his agents in connection with commercial transactions. In all other
cases the liability of commercial agents shall be limited to foreseeable
damage that shall not exceed the charge for the advertisement concerned.
Claims (to the exclusion of claims regarding concealed defects) shall be
lodged within four weeks after receipt of the invoice and proof of
10. Proof of publication shall be provided only if expressly requested
by the customer and at the customer's expense. It shall fall to the
customer to ensure that the proofs returned to the publisher are devoid
of anomalies, errors or defects. The publisher shall integrate all
corrections of which he has been notified within the period set when the
proof was sent to him. Any corrections made by the author will be
subject to a sur-charge.
11. Where the size of an advertisement is not specified, its price shall
be based on the size that is customarily used for the type of
12. Where pro forma payment has not been effected, the invoice shall be
sent to the customer immediately after publication of the advertisement.
The invoice shall be paid within the period stipulated in the list of
advertising rates. The time limit for payment shall start from the date
of receipt of the invoice and shall apply insofar as no pro forma
payment or other time limit for payment has been stipulated in a
separate agreement. A discount for early payment shall be granted in
accordance with the list of advertising rates.
13. Interest and collection costs shall be charged upon default or
deferment of payment. Where the customer defaults on payment, the
publisher shall be entitled to (1) refrain from performing the current
contract until such time as payment for any past due amount has been
effected and (2) require pro forma payment for any remaining
adver-tisements. Where justifiable concerns arise in regard to the
customer's solvency, the publisher shall be entitled to make the
publication of any further advertisement (includ-ing any advertisement
stipulated in a current contract) conditional on pro forma payment of
any charges to be incurred and on the payment of all outstanding amounts
due, re-gardless of any previously agreed terms and without the customer
lodging any claim whatsoever against the publisher.
14. Upon request, the publisher shall furnish proof of publication with
the invoice. De-pending on the nature and scope of the advertising
order, such proof shall be supplied in the form of excerpts from the
advertisement, whole pages or complete volumes of the publication
concerned. Where such evidence is no longer obtainable, the publisher
shall instead issue a legally binding certificate attesting to the fact
that the advertisement has been published and disseminated.
15. The customer shall assume any cost incurred for the creation of any
printed docu-ment ordered by him, as well as for any design or major
change made in originally agreed designs that are desired by or the
responsibility of the customer.
16. Where a contract is concluded for multiple advertisements, a price
reduction shall be justified insofar as the average circulation during
the twelve month period starting from the date of publication of the
first advertisement is lower than the average circula-tion stated in the
list of advertising rates or elsewhere; or - where the circulation
target has not been specified - if said average is lower than the
average circulation during the previous calendar year. A decline in
circulation shall only entitle the customer to a price reduction insofar
as such decline amounts to 20 percent for circulation up to 50,000
copies or 15 percent for circulation up to 100,000 copies. Price
reduction and rebate claims shall be excluded insofar as the publisher
notifies the customer of the decline in circulation in sufficient time
to enable the customer to withdraw from the contract prior to
publication of the advertisement.
17. The publisher will return all valuable documents, although he is not
obligated to do so. In his capacity as representative and for individual
contracts, the publisher shall be entitled to open all offers received
in lieu of the customer and in the latter's interest. Let-ters that
exceed the allowable DIN A4 format and/or weigh more than 100g, as well
as books, catalogues and packages, shall be neither forwarded nor
accepted. Such items shall only be accepted and forwarded insofar as the
customer agrees to assume any cost or fee incurred therefrom.
18. Original documents shall only be returned to the customer insofar as
the customer expressly requests that this be done. The period of
obligation to store documents shall terminate three months after the
19. The place of performance and the place of jurisdiction shall be the
publisher's place of business. Where the publisher's claims cannot be
fulfilled through the issuance of dunning letters, the place of
jurisdiction for disputes with private customers shall be de-termined by
their place of residence. Where a private customer's address or usual
place of residence is unknown at the time a legal proceeding is
initiated, or if such cus-tomer's address or usual place of residence
does not fall within the jurisdiction of the place of performance of the
present agreement, the place of jurisdiction shall be the publisher's
place of business.
Supplementary Standard Terms and Conditions
a) Insofar as not otherwise expressly agreed, any change effected in the
list of advertis-ing rates shall also apply forthwith to any current
agreement. Application of the afore-stated shall be excluded for any
order placed by a private customer that is to be com-pleted within four
months of the date upon which the customer's contract became effec-tive.
b) The prices contained in all quotes, contracts and invoices issued to
the advertiser by any advertising agency shall be consistent with the
prices contained in the publisher's list of advertising rates. No
portion of the commission paid by the publisher to an adver-tising
agency shall be paid to the customer.
c) The publisher shall not be held liable for any inaccuracies that
occur in advertise-ments that are placed over the phone or for any
changes that are effected in advertise-ments over the phone. In
accepting and checking advertising copy, the publisher shall exercise
due professional care but shall not be held liable if the customer
provides mis-leading or erroneous copy. Insofar as not otherwise agreed,
all advertising copy in German shall comply with the new orthographic
rules. Any warranty claims shall be ex-cluded insofar as any
discrepancies between the printed and submitted advertising copy result
from failure to comply with the aforementioned orthographic rules.
d) The publisher shall be entitled to charge prices that differ from
those arising from ap-plication of its standard discounts and in such
case shall not be obligated to issue a new list of advertising rates.
Where an advertisement appears in a special insert, or in a number of
publications concurrently, the publisher shall be entitled to define
special prices and formats suitable for such advertisements.
e) The customer shall be liable to the publisher for any loss or damage
incurred as a consequence of third party claims lodged in connection
with legal regulations pertaining to the press or any other legal
regulations. In placing an advertising order, the customer warrants that
he shall assume the cost, at the publisher's current advertising rates,
of any counter-declaration or correction that pertains to any statement
made in an adver-tisement placed by the customer. The customer shall
hold the publisher harmless against any claims arising from copyright
f) In the event of loss of or damage to an insert, the publisher shall
be obligated to exer-cise only the due professional care that he would
exercise in connection with his own business affairs.
g) Where anomalies or errors are not readily discernible in the printed
copy of the ad and such anomalies or errors appear in the printed
advertisement, all customer claims shall be excluded. The aforestated
shall also apply in the case of an advertisement that is run more than
once insofar as the customer fails to notify the publisher of the
anom-aly prior to the next printing of the advertisement.
h) In the event of any operational breakdown, force majeure, labor
dispute, seizure, confiscation, transport breakdown or general shortage
of energy or raw materials, the publisher shall be entitled to payment
in full of all advertisements that have been pub-lished, insofar as the
advertisement has appeared in 80 percent of the usual print run. Where
fewer copies are printed, the customer shall pay, on a pro rated basis,
for each 1,000 copies of the publication's normal print run.
i) The customer shall notify the publisher forthwith in writing in the
event he is issued an order to desist or restraining order in regard to
any advertisement or its content. Where the customer fails to comply
with the requirements of such warning to desist or restrain-ing order,
the publisher shall be entitled, for this sole reason, to claim
compensatory damages for any loss incurred by him as the result of
having published any advertise-ment or the content thereof to which the
aforementioned official action pertains.
j) In order for subsidiaries to qualify for corporate discounts, proof
must be submitted in writing of 50 percent equity participation on the
part of such subsidiaries. Corporate dis-counts shall only be granted to
private enterprises and shall not apply to groups of in-dependent public
authorities or to any other public sector organizations.
k) In the case of advertisement (inserts) from outside Germany, prices
shall be exclu-sive of sales tax insofar as the customer is legally
exempt from the payment of such tax. The publisher shall be entitled to
issue invoices for sales tax retrospectively for the le-gally allowable
amount insofar as German tax authorities stipulate that the
advertise-ment (insert) is taxable.
l) The discounts stipulated in the list of advertising rates shall only
be granted for cus-tomers' advertisements that appear within a twelve
month period beginning with the date upon which the first advertisement
appears. Any advertisement placed in a combi-nation or special issue
whose advertising rates differ from the publisher's standard rates shall
be regarded as a special order and shall require a separate agreement
for the is-sue concerned.
m) The publisher shall be entitled to publish or have published on the
Internet any ad-vertisement that has appeared in his own magazine.
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
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