Miele KWL 1630 S User Manual Page 8

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Advertisement price list no. 18
Media-Information 2014
GENERAL TERMS AND CONDITIONS
As the SN-Fachpresse Verlag is a German company and is subject to German law, please note that the
German version of the „General Terms and Conditions“ alone is legally binding. Therefore please refer
to the German „Allgemeine Geschäftsbedingungen“. This translation merely serves as a guideline.
§ 1 The following terms and conditions apply to contracts for the publication of one or more advertisements (hereinafter
“advertisement placement order”). In addition, these terms also apply to orders for loose inserts, bound inserts or insert
stickers.
§ 2 Unless otherwise agreed, ads must be retrieved for publication within one year after conclusion of the contract. The
customer may claim the discount applicable to the customer’s actual advertising purchases within said year.
§ 3 In the event of the client having been granted a frequency discount on the advertising rate because of the number of
booked ads and the advertisement placement order was not completed for reasons for which the client is responsible
or bears the risk, then the client is liable to refund the publisher the difference between the discount granted and the
discount due for the actual number of ads placed, regardless of any further legal obligations.
§ 4 The publisher is not liable for special positioning(s) in the magazine for ad(s), for bound-in or loose inserts unless
expressly confirmed in writing upon receipt of the advertisement placement order. The publisher is not liable for the
contracted positioning if the print material is received after the deadline stipulated on the price list and said delay means
that compliance with the agreed positioning is either not possible or would result in unreasonable expenditures for the
publisher.
§ 5 The publisher reserves the right to refuse advertisement placement orders — even those confirmed by and binding for
the publisher — as well as calls on bulk orders on the grounds that the content, origin or technical data of the ad(s) does
not comply with the standard and objectively justified policy of the publisher. If, after due assessment of the circum-
stances, the ad(s) contravene any laws or administrative regulations or, in the opinion of the publisher, is/are felt to be
morally offensive, the publisher cannot reasonably be expected to publish the ad(s). The client will be informed of the
placement refusal immediately. Orders for inserts shall only be binding for the publisher after a sample insert has been
presented and approved. Advertisements which are not distinguishable from the editorial content of the magazine will
be clearly marked with the word “Anzeige [Advertisement]”.
§ 6 The client bears sole responsibility for the content and legal conformity of the text and picture material submitted for
placement. The client releases the publisher from any claims by third parties made against the publisher on the grounds
of the published ad or insert and is liable to the publisher for any damages which might arise from the assertion of such
claims. The publisher is not bound to verify whether orders received might infringe the rights of third parties.
§ 7 The client is responsible for submitting the ad copy, error-free printed material or inserts in accordance with the technical
requirements within the deadlines stipulated on the price list. Modifications after these deadlines, particularly with
regard to size, format or colour, are not possible. The publisher guarantees to reproduce the advertisement free from
print errors to the extent that the print material provided by the client permits this. The publisher’s liability for defects in
the case of poor print quality shall no longer apply if said defect is due to shortcomings in the print material provided by
the client and they only appear when reproduced or printed. The publisher is not responsible for poor print quality due
to late delivery of the print material.
§ 8 If the published advertisement shows any defects for which the publisher is responsible, the client has the right to claim
either a replacement advertisement or a reduction in the advertising rates at the publisher’s discretion. If the publisher
opts for a replacement ad and this does not appear, the client is legally entitled to a reduction in the advertising rates or
to withdraw from the contract. Complaints must be registered within four (4) weeks of publication of the ad except in
the case of a hidden defect.
§ 9 Proof copies will only be delivered upon special request. The client is responsible for the accuracy of the proof copies
returned to the publisher. If the client does not return the received proof copy within the time-limit stipulated by the
publisher, then the client’s authorization to print is assumed.
§ 10 The advertising rates are published in the current price list. The rate charged depends upon the format chosen by the
client from the price list.
§ 11 Price list amendments apply from the date they become effective. They also apply to current orders after three (3)
months notice of the amendment.
§ 12 Payment of the advertising fee becomes due on the date of publication of the ad. If the advertisement placement order
consists of several ads, the fees corresponding to the individual ad becomes due when said advertisement is published.
Invoices from the publisher must be settled within the payment period stipulated in the price list; payment terms com-
mence with the date on the invoice unless different terms or advance payment was agreed in the contract.
§ 13 In the case of default or late payment, interest shall be charged according to the respective bank rates for short term cre-
dits, at least, however, an interest rate of 3% over the respective German Federal Bank prime rate, in addition, collection
fees shall be charged. The publisher’s right to claim further compensation is not affected. In the case of late payment the
publisher can suspend work on a current order until payment has been made. If, after signing of the contract, it beco-
mes apparent that the publisher’s right to payment is endangered because of the client’s inability to pay, the publisher
is entitled to suspend work on the advertisement until the client has settled his dues or has provided adequate security.
The publisher may set a reasonable deadline by which the client must settle any outstanding amounts or provide security
for services provided at the client’s request on a progressive basis. Upon expiry of the deadline, the publisher is entitled
to withdraw from the contract and/or to exert claims for compensation or reimbursement of expenses if the statutory
prerequisites apply.
§ 14 Upon request, the publisher will provide proof of the ad together with the invoice. Depending on the type and volume
of the advertisement placement order, a proof copy of the ad or the full page or an issue of the magazine containing
the ad will be provided. If no proof copy is available, the publisher will provide a legally binding statement certifying the
publication and circulation of the ad.
§ 15 In so far as the client orders advertisements subject to discounts based on the quantity discount rates for at least three
issues, the client has the right to a reduction in the advertising price if the guaranteed circulation is not achieved. The
prerequisite for such a claim is that the average circulation of the issues in which the client advertised during the calendar
year, in which the advertisements appeared, is less than the guaranteed circulation. A reduction in price will only be gran-
ted when the actual circulation is more than 20% less. Price reduction claims will not be accepted when the publisher
duly informs the client of the decline in circulation beforehand so that the client is able to revoke the contract before the
advertisement appears in print.
§ 16 The obligation to keep print documents will end three months after the appearance of an ad. Print documents will be
returned to the customer only at the customer’s request and at the customer’s expense.
§ 17 The publisher shall use the care of prudent businessman in the keeping and timely forwarding of responses to blind
adverts. Registered letters and express letters sent to the publisher in response to such advertisements will be forwarded
by regular mail.
§ 18 Costs for reproductions (from documents up to the print-ready file) and artwork, costs advanced by the publisher for the
client (freight costs, etc.) as well as costs for substantial changes requested or caused by the client, will be paid by the
client.
§ 19 If the client is subject to trade laws, the place of performance shall be Hamburg, Germany. If the client is subject to trade
laws or if he has no general place of jurisdiction in Germany, the place of jurisdiction is Hamburg. The publisher has the
right, however, to sue the client in any other jurisdiction. German law shall apply.
nnn SN-FACHPRESSE HAMBURG
wrp-textilpege.de
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