General terms and conditions for advertising orders (advertisements, inserts, supplements)
- These general terms and conditions apply to the placing of advertising orders by a Client for Beuth Verlag GmbH (referred to as “Beuth Verlag” in the following) publications. The general terms and conditions of Beuth Verlag apply to the exclusion of all others. Deviating, contrary or supplementary terms and conditions of the Client shall not form part of this Agreement, even where this is not expressly contested by Beuth Verlag. Any special agreements with the Client made in individual cases (including collateral agreements, supplementary agreements or modifications) take precedence over these general terms and conditions. A written contract or the written confirmation of Beuth Verlag is decisive for the content of such agreements. In addition to our general terms and conditions, the code of common business practice for the book trade also applies in its current version.
- The contract is concluded with the acceptance of the advertising order by Beuth Verlag. The advertising order (also referred to as "the order" in the following) is the order by the Client for the publication of advertisements or inserts (whether loose or bound-in). Acceptance can take the form of confirmation of the order or the issue of an invoice.
Notification of changes to the Clients' details in the contract (e.g. the name and address of the company) must be submitted to Beuth Verlag without delay. Once the invoice has been submitted, any changes (such as to the name or address) will be subject to a processing fee.
An order that has been submitted without also submitting the advertising copy or a sample insert is deemed accepted provided Beuth Verlag does not reject the order (or defer it pending correction) on the grounds of the content, the origin or technical form, as determined by the uniform and objectively justified principles of Beuth Verlag, if the content of the order infringes statutes or official regulations or if publication is unreasonable for Beuth Verlag. This also applies to orders submitted to representatives. The Client will be immediately informed of the rejection of an order. If a collective order over more than one publication is submitted, the content for which is submitted at a later date, Beuth Verlag can reject or defer an individual order based on the previously mentioned prerequisites without the collective order being affected.
- The exclusion of competitors of the Client requires express agreement. Exclusion of advertisements can only take effect if these were intended to be placed on the same or opposite sides.
- If the order does not contain any instructions regarding the height, width or colour of an advertisement, Beuth Verlag will proceed in a manner consistent with the presumed intention of the Client. In this case the price will be calculated on the basis of the actual print size that is usual for the particular type of advertisement. Formats that cover only part of a page cannot be interconnected and charged for together.
- The order for the reserved medium is executed as soon as the artwork, prospectus or other advertising copy become available. In case of delayed or deferred payment, Beuth Verlag can defer further execution of the order according to No. 10. Entitlement to publication or to insertion in specific issues (in the case of journals) or at specific positions only subsists where this has been specifically agreed in writing.
- Advertising orders shall be submitted in machine-written form, communicated by electronic means or written in block letters. Where digital artwork or other advertising copy has been submitted, Beuth Verlag only guarantees the typographically correct execution of the order if the Client has met all the technical requirements set out in the attached current technical media data. The Client is to ensure that all technical requirements set out in the media data are met.
- Complex processing of artwork and extensive typesetting for which the Client is responsible will be charged to the Client at cost price. The spelling and punctuation of the advertising copy is to be checked in advance by the Client as no subsequent corrections will be made by Beuth Verlag. Proofs will only be delivered at the express wish of the Client, and generally only where advertisements are at least one-quarter of a page in size. If the Client does not return the proofs at the latest within a week after receiving them, they are deemed ready for press unless the Client has been notified of a different deadline. The Client is expressly notified of this deadline upon delivery of the proofs. Costs incurred as a result of substantial correction work will be separately invoiced by Beuth Verlag.
- Beuth Verlag's obligation to file the artwork or other advertising copy expires three months after the last publication.
- Beuth Verlag delivers a complimentary copy following publication. Copies will be sent to a maximum of three addresses per publication.
- The invoice amounts include statutory VAT and are immediately payable in full unless otherwise indicated on the invoice or in individual cases where pre-payment has been agreed. In case of delayed or deferred payment, Beuth Verlag can defer further execution of the current order until full payment has been made, and can demand pre-payment for the remaining orders. In the case of default by the Client, other legal claims on the part of Beuth Verlag remain unaffected.
- The discounts set out in the rate card will only be granted on advertisements issued within an insertion year unless indicated otherwise in the order confirmation or on the invoice. The period begins with the first-time publication of the advertisement in the current calendar year and ends exactly one year later. If, at the beginning of the payment period, the Client has concluded an order eligible for a discount, he will still be entitled retroactively to the higher volume discount applicable for additional advertisements published within the year. Entitlement to a higher volume retroactive discount expires if it is not claimed within a month after expiry of the period of one year. The insertion year applies.
- If the order for which a discount is claimed is not completely fulfilled for reasons beyond the control of Beuth Verlag, the Client is obliged, without prejudice to any other legal obligations, to repay to Beuth Verlag the difference between the discount granted and the discount due on the basis of the actual publications.
- Advertising orders can be cancelled up to the advertising deadline. The advertising deadline, unless otherwise agreed, is four weeks in advance of the publication of the reserved medium. If cancellations are made at a later date (provided they are technically feasible) any costs occurring can be charged to the Client.
- Loose inserts to be delivered to Beuth Verlag by the Client or a third-party must be properly packaged, undamaged and exactly folded. Since loose inserts are placed in the medium by machine, Beuth Verlag only then guarantees they will be properly inserted. The number of inserts delivered cannot be checked on reception. Signing of the delivery ticket thus does not imply confirmation of the number of copies received. Incomplete or incorrect information on the delivery tickets may result in errors in the distribution of the inserts. Beuth Verlag will not be liable for any such errors. There is no guarantee that the insert will be placed in a specific position within the medium.
- The right to file warranty claims for defects ends one year after the starting date of the legal period of limitation. This does not apply to claims for defects arising from injury to the life, body or health of the Buyer, or to liability for damage caused by any intentional or grossly negligent dereliction of duty on the part of Beuth Verlag, its legal representatives or agents.
- Obvious errors must be reported to Beuth Verlag within 14 days of receipt of the author's copy. The date of dispatch of the complaint must be within this 14 day period. Other defects can be reported within the legal warranty period. Damage claims by the Client, on whatever legal grounds, particularly those regarding breach of duty fundamental to the contract and unauthorized handling, are excluded. This does not apply to damages arising from injury to the life, body or health of a person, or where key contractual obligations ("cardinal obligations") are infringed, or to other forms of damage caused by any intentional or grossly negligent dereliction of duty on the part of Beuth Verlag, its legal representatives or agents. Key contractual obligations are obligations the breach of which would endanger the aim of the contract and which thus the Client can legitimately rely on being fulfilled. Compensation for infringement of key contractual obligations shall be limited to foreseeable losses typical to the contract, if such damage was caused by ordinary negligence, unless it concerns compensation of the Client for damages relating to injury to life, body or health. The limitations set out above also apply to Beuth Verlag's legal representatives or agents if claims are made against these directly. The provisions of the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected.
- The Client is responsible for the content and the legality of the copy and graphics he has provided for the order. Beuth Verlag is not obliged to check whether they infringe the rights of third parties. The Client indemnifies Beuth Verlag in entirety upon first request of any claims against Beuth Verlag by third parties resulting from the use of the copy and graphics in accordance with the contract. The Client also indemnifies Beuth Verlag against any necessary legal expenses incurred. In addition, the Client will bear the costs necessary for publication of a rectification. These will be in accordance with the applicable advertising rates. Finally, the Client is obliged to provide Beuth Verlag with information and documentation in good faith in the execution of its legal defence against third parties and to notify Beuth Verlag in writing without delay of any cease-and-desist undertakings or interim injunctions with regard to the rights of third parties. Before transferring the artwork or other copy material by digital means, the Client must ensure that the transferred data are free of computer viruses. If Beuth Verlag discovers a computer virus on a file that has been transferred to it, this file will be deleted without the Client being entitled to make any claims in this connection (particularly in respect of the absence of back-up copies). Beuth Verlag reserves the right to claim compensation if it incurs damage as a result of infiltration by computer viruses attributable to the Client.
- Any claims arising out of an order by a company, a legal entity under public law or a special fund under public law shall fall under the jurisdiction of the place at which Beuth Verlag has its registered office (at present, the city of Berlin). Beuth Verlag is in this case also entitled to bring legal action at the Client's principal place of business. The same applies if the Client has no general place of jurisdiction in Germany. The statutory place of jurisdiction also applies to consumers.
- Contracts between the Client and Beuth Verlag are governed by the law of the Federal Republic of Germany, excluding all references to other legal systems and international contracts. The UN Convention on Contracts for the International Sale of Goods does not apply.
- Pursuant to §33 clause 1 of the Bundesdatenschutzgesetz (German Data Protection Act), Beuth Verlag hereby informs the Client that it will store the Client's information given at the time of registration in a machine-readable format for processing as the Agreement requires. Beuth Verlag ensures that this will be done in observance of the German data protection regulations. Unless the Client indicates otherwise, the data may be provided to affiliated firms.
- Beuth Verlag does not participate in dispute settlement schemes involving consumer arbitration agencies.
Current as of January 2016
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