CPI Worldwide General Terms and Conditions

General terms and conditions for advertisements and enclosures of ad-media GmbH.

1. The general terms and conditions of ad-media GmbH apply exclusively to current advertisements and enclosures and in the case of future advertisement orders. Contrary or different conditions on the part of the client are not recognised.

2. The publisher reserves the right to refuse advertisements and/or enclosures because of their content, origin or technical format if the contents infringe the law or official regulations or if their publication is unreasonable for the publisher. Enclosure orders are not binding on the publisher until a sample has been presented and approved. The client will be informed immediately if the order is refused.

3. Advertisements which are not recognisable as such because of their editorial form will be made recognisable by the publisher by the addition of the word “Advertisement”.

4. The client is responsible for providing the text for the advertisement and the print documentation or enclosures in perfect order and on time.

5. The publisher guarantees the print quality usual for the title covered within the scope of the possibilities offered by the print documentation.

6. The client must bear the cost of: preparing reproducible copies, carrying out repairs to documentation received in damaged condition, carrying out amendments re - quested by the client or carrying out changes to originally agreed designs on account of the client.

7. Position specifications cannot be taken into consideration without payment of the position premium according to the tariff.

8. If the advertisement copy is partially or totally illegible, incorrect or incomplete, the client has the right to a replacement copy without defects or a reduction in the fee, but only to the degree to which the purpose of the advertisement has been affected. If the publisher does not replace the advertisement with an advertisement copy without defects within an appropriate time span as given by the client, or if the replacement copy is also defective, the client has the right to a reduction in the fee or cancellation of the order.

9. Complaints must be made immediately or, in the case of defects which are not obvious, within four weeks of receipt of the bill. Otherwise, the claim under the terms of the guarantee will be disallowed.

10. Claims for damages are ruled out, for whatever legal reason, as long as they are not due to actions of intent or gross negligence on the part of the publisher, its legal representative or its employees. Furthermore, in the commercial case, the scope of the claim for damages is restricted to the foreseeable damages up to the value of the relevant advertisement and/or cost of including the enclosures. The legal liability of the publisher for damage due to the absence of warranted quality remains unaffected.

11. If advertisements, changes to dates and issue, text corrections and order cancellations are ordered by telephone, the publisher does not accept liability for mistakes due to communication error. Films and repro proofs are only returned to the client on special request. As long as no other agreement has been made, an obligation to store material ends one year after the advertisement has appeared.

12. The client vouches for the content and legality of the text and graphics documentation provided for insertion. The client is responsible for indemnifying the publisher from any claims by a third party, for whatever legal reason, and any court and/or solicitor’s costs which may be incurred. By placing an advertisement order, the client makes himself liable for the cost of publishing a counter advertisement relating to the actual claims of the advertisement which has already been published, in accordance with the current advertising rate. This also applies to orders concerning enclosures.

13. If the advertisement price or general conditions change, the new conditions will immediately come into effect for orders currently running or orders which do not start until later unless no other definite agreement have been made.

14. The place of fulfilment is Cologne. During commercial transactions with traders, public law bodies or in the case of a public law special fund, legal action should be brought at the place of jurisdiction at Cologne. Where the publisher’s claims are not put forward during the debt-collecting procedure, the place of jurisdiction in the case of non-traders is determined by their place of domicile. Cologne is stipulated as the place of jurisdiction if the place of domicile or usual place of residence of the client, also in the case of non-traders, is unknown at the time action is brought or if the place of domicile or usual place of residence of the client has moved outside the area of jurisdiction after the contract has been concluded.

2009 CPI Worldwide - Trade Journals for the Concrete Industry