Terms of Trade

1. Each order becomes legally binding only by written confirmation of the publishing house to the contractor. Additional oral agreements will be valid only after written confirmation of the publishing house.

2. Advertisement orders have to be handled within a year after conclusion of an agreement.

3. The prices mentioned in the advertisement rate card are fix and binding for both the parties until issue of a new rate card. Discounts are granted only for advertisements of an advertiser published in this magazine within a year. The term begins with the issue of the first advertisement.

4. The advertiser is entitled with retroactive effect to the discount corresponding to the real purchase of advertisements within the period of one year, if he has made an agreement at the beginning of the set term which entitles to a discount from the beginning on the basis of the rate card.

5. If the agreement is not fulfilled for circumstances which the publishing house is not liable for, the contractor has to repay to the publishing house – without prejudice to any further legal obligations – the difference between the discount granted and the discount corresponding to the real purchase.

6. No responsibility will be accepted for the purchase of advertisements in certain numbers, certain issues or at certain positions of the magazine, or any damages won’t be paid in case of noncompliance. The same also applies to advertise- ments not published. Furthermore no responsibility for the observance of a certain editorial programme can be accepted. If prescribed positions or colours can’t be adhered to, the publishing house reserves the right to amendments according to the given possibilities of publications of the advertisement in one of the following issues.

7. The publishing house reserves the right to refuse advertisement and insert orders – also individual calls within an agreement – due to content,  origin or technical shape on uniform principles of the publishing house. Insert orders are binding for the publishing house only after presentation of a sample of the insert and its approval. Inserts which give to the reader the impression of being a component of the magazine by size or make up or which contain foreign advertisements, are not accepted. The refusal of an order is immediately transmitted to the contractor.

8. A supplement according to the rate card has to be paid in case of binding and confirmed prescribed positions.

Only basic page fractions according to the rate card are published. Deviations from the printing material are cut to the corresponding  size by trimming etc. or by boxing without special notice of the contractor. If an ordered text does not suit to the ordered size, the publishing house has automatically the right to choose the next size and to charge it. If no special size prescriptions are given when the order is placed, the publishing house decides to fix a size of the rate card which corresponds to the character of the advertisement. Classified advertisements are published in a uniform size; the calculation of the height is made from line to line.

9. Advertisements which are not identifiable as advertisement due to their editorial design, are clearly marked by the publishing house. The contractor is not entitled to a competition clause; colour exclusion for coloured advertisements is not possible neither.

10. The contractor is responsible for the punctual delivery of the text and clean printing material or inserts. If the text and printing material don’t arrive in time, the publishing house is entitled to save the ordered space or to only print the company’s name and to pass the space to the contractor’s account. The publishing house guarantees that the advertisement is printed in perfect condition; basis herefore is the average printing performance of the paper quality used. If advertisements are ordered or amendments  are made by telephone, the publishing house does not assume any liability for the correctness of the reproduction.  The publishing house does not assume any liability for the correctness of the reproduction. The publishing house asks immediately for replacement if the printing material is recognized  to be not suitable or damaged.  If any fault on the printing material is not recognizable  immediately,  but this becomes  distinct only during printing, the advertiser does not have any claims if impression is unsatisfactory. The contractor is also responsible for that inserts and enclosures correspond to the directions of the post and papers tariffs. If this does not apply and therefore  additional postage  arises, the contractor  has to reimburse  them to the publishing house.

11. In case of culpably incorrect or sense-distorting incomplete impression of the advertisement, the contractor is entitled only to a replacement advertisement, but only if the purpose of the advertisement has been considerably affected. Missing or badly printed coupon numbers don’t result in a claim for the contractor. Complaints must be enforced in writing within 8 days after receipt of invoice and voucher and cogently substantiated. However, they don’t defer the liability to pay.

12. Proofs are sent only on express request. The contractor is responsible for the correctness of the proofs sent back. If the contractor does not return the proof sent to him in due time until the copy deadline, the approval of printing is regarded as given.

13. The invoice has to be paid within the terms as can be seen from the rate card, beginning from the date of invoice. In case of delay in payment or respite, interests on arrears of 4 1/2 percent over the respective discount rate of the Deutsche Bundesbank  (Federal Reserve Bank) as well as the collection expense is charged. The publishing house can defer further settlement of the order until the order is paid and ask for payment in advance for the rest of the adver- tisements without the contractor being able to lay a claim to the publishing house. In case of bankruptcy and compulsory arbitration there won’t be any discount.

14. If required, the publishing house encloses a press cutting to the invoice. If nature and significance of the order justify it, upto two head vouchers of complete voucher copies will be furnished. If a voucher can’t be provided anymore, it will be replaced by a binding entrance certificate of the publishing house.

15. Stopping of the order or change of the original order are regarded as recognized if the publishing house expressly confirms those in writing. The contractor has to pay the costs for considerable amendments of originally agreed executions. In case of force majeure each obligation to execute orders and to pay damages becomes extinct, especially any damages are not paid neither for advertisements or inserts not published in time.

16. The publishing house makes only its equipment for the transmission of incoming offers available as regards box number  advertisements. Redhibition, diminution or indemnification entitlement due to loss or delay is excluded. Registered or express letters to box number advertisements are passed on only by normal mail. All incoming letters are distributed in an appropriate term, but once a week at least. Not deliverable sendings are kept 4 weeks at the out- side, then destroyed and possible precious documents, like original certificates, are returned without being obliged to do that. The publishing house does not accept any responsibility for the keeping and punctual passing on of the sendings.

The publishing house reserves the right for the contractor’s benefit and protection to open the incoming letters for purpose of test in order to eliminate abuse of the box number advertising service. The publishing house is not obliged to pass on commercial pluggings and offers of mediation. The contractor is responsible with box number advertisements for that documents enclosed to the letters are returned to the senders within 4 weeks at the latest. If this is not made, the publishing house is entitled to communicate the contractor’s address to the senders in case of complaints.

17. Printing materials are returned only on special request at the contractor’s account. They are kept 8 weeks at the outside after publication of the advertisement, but the publishing house does not accept any responsibility for them.

18. If the advertising rates of terms of trade are amended,  the new prices and conditions become  immediately  effective also for current orders or orders beginning later.

19 Only the a.m. conditions apply to the publication of advertisement or insert orders in this magazine and not any general or special purchase terms of the contractor. This is regarded particularly as agreed by the acceptance of the confirmation order.

20. Place of performance is Mindelheim. Forum contractus for both the parties is Mindelheim or Munich at the option of the publishing house.