1. “Advertisement order” in terms of the following General Terms and Conditions is the contract on the publication of one or several advertisements of an advertiser or other advertising space buyer in a printed matter for the purpose of dissemination. 2. In case of doubt, advertisements are requested for publication within one year after the conclusion of the contract. If the right to request individual advertisements is granted within the framework of a conclusion, the order is processed within one year after the appearance of the first advertisement as far as the first advertisement is requested within the period stated in clause 1 and is published. 3. If contracts were concluded, the client is entitled to request further advertisements in addition to the advertisement volumes stated in the order within the period agreed and/or stated in item 2. 4. If an order is not fulfilled for reasons the publisher is not responsible for, the client will, irrespective of any potential further legal obligations, reimburse the publisher for the difference between the discount granted and the discount corresponding to the actual acceptance. Reimbursement is not granted if the non- fulfilment is based on force majeure in the publisher’s sphere of risk. 5. When the purchase quantities are calculated, text millimetre lines are converted into advertisement millimetres according to the price. 6. Orders for advertisements and third-party inserts that are expressly to be published solely in certain numbers, certain issues or certain places in the printed matter must be received by the publisher so far in advance that the client can be informed of any difficulty in executing the order in this way before the advertising deadline expires. Categorised advertisements are printed in the respective category – where available in the printed matter – without express agreement being required. 7. Text section advertisements are advertisements of which at least three sides border on text and not on other advertisements. Advertisements not identifiable as advertisements due to their editorial design must be clearly identified as such by the word “advertisement” by the publisher. 8. The publisher reserves the right to refuse advertisement orders confirmed with legally binding effect as well as individual requests within the framework of a conclusion as well as insert orders on grounds relating to the content, origin or technical form according to the standardised and objectively justified principles of the publisher if their content violates the law or official provisions or if their publication is unreasonable for the publisher. The same applies to orders placed with branch offices, receiving offices or agents. Insert orders only become binding to the publisher after a sample of the insert was presented and approved. Inserts the format or presentation of which lead the reader to believe that they are part of the newspaper or magazine or that include third-party advertisements will not be accepted. The rejection of an order is notified to the client without delay. 9. The client is responsible to make sure that the advertising text is delivered in due time and that the print materials or the inserts are unobjectionable. The publisher requests replacement for clearly unsuitable or damaged print materials without delay. If repeat advertisements are faulty, no discount or rebate is granted if the purchaser fails to point out the fault prior to the next placement despite the timely provision of a copy of the advertisement. The publisher guarantees the print quality customary for the relevant publication as far as the print materials submitted allows this. 10. Should the advertisement be wholly or partly illegible, incorrect or incomplete, the client is entitled to claim a price reduction or the publication of a perfect replacement advertisement, however, only to the extent the purpose of the advertisement was affected. If the publisher allows the reasonable deadline set for this purpose expire or if the replacement advertisement is still imperfect, the client is entitled to claim price reduction or revocation of the order. Claims for damages resulting from the positive breach of an obligation, fault upon conclusion of the contract and tort are excluded, even if the order was placed by phone; claims for damages arising from the impossibility of performance and delayed performance are limited to the compensation for the foreseeable damage and to the fee payable for the relevant advertisement or insert. This does not apply to intention and gross negligence of the publisher, its legal representative and its vicarious agent. The publisher’s liability for damage based on the lack of guaranteed characteristics remains unaffected. In commercial business transactions, the publisher is furthermore not liable for the gross negligence of vicarious agents; in all other cases, the extent of liability to merchants for gross negligence is limited to the foreseeable damage and up to the amount of the respective advertisement fee. Complaints are filed within four weeks after receipt of the invoice and the copy of the advertisement, unless the defects are not obvious. 11. Press proofs are only supplied on express demand. The client is responsible for the correctness of the press proofs it returns to the publisher. The publisher takes into account all corrections notified to it within the period set with the dispatch of the press proof. 12. If no specific size instructions are provided, the price is calculated on the basis of the actual printed height that is common for this type of advertisement. 13. If the client does not make an advance payment, the invoice is sent immediately, however, eight to ten days prior to the publication of the advertisement where possible. The invoice is due for payment within 30 days after its receipt, unless another deadline for payment or advance payment has been agreed in individual cases. Potential discounts for early payment are granted according to the price list. 14. The collection of a payment based on direct debit is usually announced in advance on the invoice, otherwise with a period of notice of at least two working days. 15. In the event of any delay or deferment in payment, interest and collection costs are charged. If payment is delayed, the publisher may defer the publication of further advertisements in a current advertising order until payment has been received and may demand advance payment for the remaining advertisements.
Where there are justified doubts regarding the solvency of the client, the publisher is entitled, also during the term of an advertising order, to make the publication of further advertisements contingent on the payment of all unpaid amounts and the advance payment of all remaining advertisements, irrespective of any payment conditions originally agreed upon. 16. The publisher supplies a copy of the advertisement jointly with the invoice on demand. Depending on the type and extent of the advertisement order, advertisement cuttings, pages or entire issues are supplied. If a copy can no longer be obtained, it is replaced by a legally binding certificate of the publisher on the publication and dissemination of the advertisement. 17. Costs for the preparation of ordered print materials and for substantial changes to originally agreed designs the client desires or is responsible for are borne by the client. 18. If a contract on several advertisements has been concluded, a claim for price reduction may be derived from a reduction in circulation in the event of the overall average circulation figures stated in the price list or otherwise in the year following the insertion of the first advertisement or, if no circulation figures are stated, the circulation figures of the past calendar year sold on average (for trade magazines, this may be the average numbers actually disseminated) falling short of the guaranteed circulation figures. A reduction of circulation figures constitutes a defect entitling to price reduction only if it is with a circulation of up to 50,000 copies by 20%; 100,000 copies by 15%; 500,000 copies by 10%; more than 500,000 copies by 5%. Furthermore, if a contract has been concluded, claims for price reduction are excluded if the publisher has informed the client about the decline of the circulation figures in due time so that the client had the chance to rescind the contract before the advertisement was published. 19. Place of jurisdiction and place of performance is Hamburg. Additional terms and conditions of the publisher a) In all offers, contracts and settlements with the advertisers, the advertisement brokers and advertisement agencies are obliged to adhere to the publisher’s price list. The agency commission granted by the publisher may not be passed on to the clients in whole or in part. b) The general and the additional terms and conditions of the publisher also apply accordingly to tip-ons, supplements and special technical embodiments. Only after being confirmed in writing by the publisher does any order become legally binding. c) Price changes (price reductions, changes to the sale of discount, price increases) apply from the day the new price list takes effect, including to ongoing orders. If prices are increased, the advertiser has the right to decide on the continuation of the order. d) The client is solely responsible for the content and legal permissibility of the text and graphic materials made available for the insertion. The client is obliged to indemnify the publisher from third-party claims arising out of execution of the order – even if it should be cancelled – as raised against the publisher. The publisher is not obliged to check orders and advertisements as to whether they affect the rights of third parties. If cancelled advertisements appear, this does not justify any claim against the publisher even on part of the client. e) In the event of interruptions to operation or interventions due to force majeure (e.g. industrial disputes, seizure, and the like), the publisher is entitled to full payment for the published advertisements if the orders have been fulfilled to the level of 80% of the guaranteed sold circulation figures. Lesser services provided are paid at the set price per thousand pages with reference to the sold print run guaranteed in the rate. f) Print materials are only returned to the client on special demand. The obligation to retain ends three months after the appearance of the respective advertisement. g) Inserts for newspapers need to be available to the publisher no later than 2 days (for magazines: 8 days) prior to the deadline for inserts. If inserts are not received in due time, the accrued costs will be reimbursed. h) If orders were placed by phone or changes were made by phone, the publisher is not liable for the correctness of the reproduction. Cancellations and changes are made in writing and available to the publisher no later than at the publisher’s deadline and/or cancellation deadline of the respective issue. Typesetting costs are charged for advertisements already set. i) The grant of corporate discounts is subject to the written proof of the client’s group status. With companies limited by shares, the group status is proven by the confirmation of an auditor or the presentation of the last annual report; with business partnerships, it is proven by the presentation of a commercial register extract. Corporate discounts are always subject to the express written confirmation by the publisher when the contract is concluded. Corporate discounts are only granted for the duration of the group affiliation. The termination of the group affiliation is notified immediately; the corporate discounting ends with the termination of the group affiliation. A group in terms of this provision means the parent company’s equity interest in the group subsidiary with at least 50 percent. JAHR TOP SPECIAL VERLAG GmbH & Co. KG Version dated November 2013