All services of the company VERLAG ELISABETH KLOCK – hereinafter referred to as ‘Publisher’ – are subject exclusively to the following terms and conditions. Any terms and conditions of the customer are excluded.
2 · Subject matter
The customer shall place an order for the display/advertisement with the Publisher in accordance with the specifications described below and/or the order confirmation from the Publisher. This order is binding on the client, so that the Publisher will publish the corresponding display/advertisement in the agreed medium following placement of the order.
The Publisher shall undertake ,as necessary, any typesetting and lithographic workfor Public Relations advertisements ,design of text and – if agreed – images in accordance with the client’s advertising concept and according to the Publisher’s design principles. The Publisher shall decide where the ad is placed in the agreed medium unless some otherwise binding agreement with the customer exists. Costs of changes to the originally agreed contract work shall be borne by the customer.
If the customer’s display/advertisement is to appear within a medium of the Publisher and an insufficient number of other displays/advertisements are submitted, the Publisher may withdraw from the contract.
If the customer specifies a specific placement this will be merely a non-binding placement request to the Publisher. In any case the Publisher reserves the right to amend (temporal and spatial amendments) the design of the display/advertisement with regard to text, image size and format where technical page layout requirements dictate.
3 · Participation
The customer is obliged to cooperate in the coordination of the display/advertisement content and is particularly required to provide photographs and graphics in a timely manner. If such content is not provided, or is provided too late, the publisher may elect to use any available information and nevertheless to place a display/advertisement for the customer or to release the intended display/advertisement space or to re-sell it.
The customer shall pay the agreed remuneration to the Publisher in each of these cases, however, the customer shall remain entitled to prove that the publisher has incurred less or no damages.
4 · Payment
All prices quoted are exclusive of VAT, even if this is not specifically mentioned in the individual quotation or order conformation.
Unless otherwise agreed in writing, all Customer payments must be made within three days of publication of any display/advertisement. Should it arise that the publisher has doubts about the solvency of the client, the publisher may require payments to be made in advance. In case of default of payment, the publisher shall be entitled to charge interest at the rate of 8 per cent, or in the amount of 2 percent above the Bundesbank discount rate, as he chooses. The customer shall remain entitled to prove that the publisher has incurred less or no damages.
5 · Charging / Retention
The customer may only exercise a right of retention against outstanding accounts of the Publisher when his counterclaim is acknowledged in writing or is established as having the force of law. Rights of retention, based on the same contractual relationship, remain unaffected.
6 · Quid pro quo
Customer complaints – except in the case of obvious defects – must be made in writing without delay, within 10 days of receipt of the invoice and voucher copy. Warranty claims shall exist for wholly or partially illegible, incorrect or incomplete printing of displays/advertisements where the purpose of the display/advertisement is significantly impaired. In this case, the Publisher may offer the customer a replacement display/advertisement. Should this not occur, or should the customer prove that a replacement advertisement would defeat the original purpose of the display/advertisement, the customer shall be entitled to a reduction.
7 · Responsibility for display/advertisement content
The Publisher accepts no liability for any factual statements contained in the display/advertisement with regard to products and/or services provided by the customer. The customer shall be responsible for legal admissibility of the display/advertisement content. The Publisher is not obliged to verify whether legislation or the legal rights of third parties are infringed by the display/advertisement. The customer warrants that he is entitled to dispose of the printing material supplied by him. The customer indemnifies the Publisher in particular from any claims by third parties due to infringement of competition law regarding the display/advertisement of the customer and takes over all the Publisher’s incurred costs arising therefrom. The customer is responsible for the contents of the display with regard to legal and legitimate competition. The Publisher reserves the right to reject advertisements.
8 · Liability
Any compensation claims resulting from the positive breach of obligations, from default when the contract is concluded and from unlawful acts will be excluded. Any compensation claims resulting from the impossibility of performance and/or delay are limited to compensation for the foreseeable loss and to the fee to be paid for the display/advertisement. This does not apply to premeditation and gross negligence on the part of the Publisher, its legal representatives and its vicarious agents. Any liability of the Publisher for damage resulting from the absence of characteristics regarding which an assurance was given remains unaffected. In commercial business dealings, the Publisher shall not be liable for gross negligence on the part of its vicarious agents. In the other cases, any liability of the Publisher against the trading partner for gross negligence shall be limited to the foreseeable damages up to the amount of the fee for the display/advertisement.
9 · Display/Advertisement Proofs
Proofs will be supplied only on explicit request and where time allows. Print documents will only be returned to the customer on the explicit request of the customer. There shall be no obligation on the part of the Publisher to retain documents in safekeeping..
10 · Final Provision
The invalidity of one or more provisions of the contract shall not affect the validity of the remaining provisions . An invalid provision shall be replaced by those effective , which approximate the economic purpose of the invalid provision.
The customer confirms by his signature on the order that additional verbal agreements have not been made and all agreements are recorded in writing in the order. Supplementary agreements and additions to the contract must be in writing, this also applies to the amendment of this clause. The place of performance is Mainz.
If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction shall be deemed to be Mainz. The same applies if the domicile or habitual residence of a party at the time of action is not known. The assertion of our entitlement to a different place of jurisdiction is not hereby excluded.