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Publishing Company Business Conditions
Publishing company business conditions:
Status: 1. January 2004 of the M.V. Medienconsulting & VerlagsgmbH
Reininghausstraße 13a, A-8020 Graz, Austria
Company Register: FN238413h, Regional Court Graz/Austria
General
The general Business Conditions, appropriately valid advertisement price list and our order confirmation are instrumental for the order.
The publishing company reserves the right to refuse advertisement orders or individual advertisements at our own discretion. This refusal is immediately passed on to the customer.
Placing of Orders
Advertisement orders are to be processed within 12 months
Discounts shown in the advertisement price lists are only granted for advertisements appearing within one calendar year.
The customer only has the right to discounts when he/she has previously placed an order, which authorises him/her to a discount.
The publishing company has the right to full payment of advertisements that have been published when the orders have been fulfilled to 80% of the assured print run in case of business disturbances or interventions through force majeure. Lesser services are to be paid in cost per thousand according to the calculation of the print run.
The customer can make no claims in case of insufficient contact pressure if flaws in the printing materials are not immediately recognisable, but can only be seen during the printing procedure.
The publishing company accepts no liability in case of advertisements placed on the telephone or alterations, additional agreements and countermands placed on the telephone.
Proof is to be delivered on express request. If the customer does not return this proof, which has been conveyed to him/her in due time, by the advertisement deadline, then permission to print is regarded as having been granted. The appropriate advertisement deadline can be taken from the respectively valid advertisement price list.
Placing requirements are only binding in case of a placing bonus service, the publishing company otherwise endeavours to perform fulfilment without obligation.
Adverts that are not recognisable as an advert, due to their editorial design are depicted as such by the publishing company.
Customers are to inform about objections within 8 days of receiving the invoice by the publishing company. The customer loses all claims after expiry of this deadline, as far as there are opposing mandatory rights.
There is an obligation to keep printing materials which ends 6 months after the publication of the last advert.
Cancellations
25% of the order value is invoiced as cancellation fees if an advertisement order is cancelled prior to the sending of proof.
50% of the advertisement costs are to be paid as cancellation fees for any time and work expenditure if an advertisement orders is cancelled by the customer after proof has been sent to the customer by the M.V. Medienconsulting & VerlagsgmbH.
If the order is cancelled in the last three days prior to the advertisement deadline and 100% of the advertisement price is to be agreed upon as cancellation fees due to the layout work that is carried out.
When an order combining print and internet is accepted and this order cleared for the internet and the internet part has been fulfilled at the time of the cancellation (i.e. the contents of the order is already available online), then this order is regarded as fulfilled independently of the advertisement deadline. The customer foregoes his/her cancellation in this case. The possibility of cancellation is no longer granted in case of the clearance of the internet order part. The order is calculated at its original order value (print + internet) even when the print order part has not been fulfilled at this point in time.
Any production costs (lithos, photos, composition etc.) incurred are invoiced at cost price.
Subscriptions have to be cancelled (verbally, via e-mail or by fax) within 6 weeks of the contractual period (12 months in each case). Subscriptions are otherwise automatically extended for a further 12 months.
Invoicing
When no specific regulations regarding size are given then the standardised page area forms the basis of recommended adverts and the actual printed height of the price calculations forms the basis regarding one-off and column adverts.
Complaints regarding invoicing are only permitted within 14 days of the date of issue of the invoice.
Deductions can be taken into consideration immediately on billing or credited after the calendar year has expired. In case of regular offers, discounts take place by not invoicing activation after the invoicing and payment of billable adverts.
An additional charge takes place after the expiry of a quarter in case of any unjustifiable deductions, whereby default interest to the amount of 12% p.a. is calculated for the missing amount.
The advertising promoters and advertising agencies are obligated to stick to the publishing company price list in their offers, contracts and invoices with advertising representatives. The 15% AE provision granted by the publishing company can neither be passed on to the customer in whole or in part. Alterations can only be made in writing.
Every advertiser receives a specimen copy free-of-charge after the advert has appeared.
Payment Details
The deadline for payments is 14 days net unless otherwise stipulated.
Default interest to the amount of 12% per year, collection costs as well as processing fees of EUR 7.50 per dunning level are to be calculated in case of payment delays or deferral of payment. Any costs incurred for collection of payments are also to be borne by the person defaulting payment.
General
Place of fulfilment is Graz
Court of jurisdiction is Graz. Austrian law or EU-law applies.
The customer holds the publishing company harmless from all disadvantages, which could arise due to the advertising activation. He/she is obligated to reimburse the publishing company especially with costs and any penalties in legal reply trials and to compensate possible reply procedures.
The customer is further obligated to reimburse the publishing company in regard to all competitive steps that could affect the publishing company due to the activation.
Should this regulation or parts of this regulation be determined as being invalid within the framework of the legal conditions then an appropriate substitute regulation that is most similar to the original regulation is to enter into being.
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