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All orders for insertion of advertisements are accepted subject to the following conditions:
| 1. |
Ordering |
| 1.1 |
Advertisement orders issued by an advertising agency will be treated as issued by that agency as principal. Where copy or other instructions not constituting an official order are issued, they must clearly be marked at the head "Copy instructions - Not an Order". |
| 1.2 |
The placing of an order for the insertion of an Advertisement shall, whether an Advertiser stipulated so or not, be an order subject to these conditions, and any conditions stipulated on the Advertiser's order form or elsewhere shall be of no effect so far as they are in conflict with these conditions. |
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| 2. |
Advertiser's Warranty
The Advertiser warrants that the Advertisement: |
| 2.1 |
does not contravene any Act of Parliament or subordinate legislation; |
| 2.2 |
is not in any way illegal or defamatory or an infringement of any other party's rights; |
| 2.3 |
is legal, decent, honest and truthful; and |
| 2.4 |
is not an infringement of the British Code of Advertising Practice. The Advertiser hereby agrees to indemnify the Haymarket Group against any and all actions, proceedings, claims, demands, damages and costs (including legal costs) for breach of this warranty in respect of defamation, obscenity, misrepresentation or libel, or any other claim arising out of or in respect of the Advertisement or the publication or distribution of the Advertisement. |
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| 3. |
Corrections |
| 3.1 |
The Haymarket Group cannot be held responsible for alterations or corrections to proofs, if returned after the specified date or not confirmed in writing. |
| 3.2 |
No responsibility is taken for the accuracy of copy not given in writing to the Haymarket Group. |
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| 4. |
Artwork, etc.
Artwork and/or photographic materials are submitted to, and used by the Company entirely at the risk of the person by whom, or on whose behalf, they were submitted. Unless otherwise arranged in writing, the Company reserves the right to return or dispose of such artwork and/or photographic materials if not collected within six months of their receipt by the Company. |
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| 5. |
Positions
Special Positions will be given only if agreed in writing by the Company and at an additional charge. Agreement will be specific to an identified advertiser. No other client of an advertising agency may take the position without the prior written consent of the Company.
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| 6. |
Late Copy and/or Proofs
If, following accepted order for space, an Advertiser's copy instructions and/or proofs are not received by the Company's copy date, the Company reserves the right to print any previously supplied copy or from any appropriate proofs received from the Advertiser. |
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If, following accepted order for space, an Advertiser's copy instructions and/or proofs are not received by the Company's copy date, the Company reserves the right to print any previously supplied copy or from any appropriate proofs received from the Advertiser. |
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| 7. |
Cancellations, etc. |
| 7.1 |
The Company reserves the right: (a) to refuse or cancel any advertisement without giving any reason or period of notice therefore; (b) to make corrections or alterations it considers necessary or desirable in an advertisement (whether to conform it to the style and subject matter of the publication or otherwise); (c) to alter, cancel or postpone publication date(s). |
| 7.2 |
If at the time advertising space is ordered by an advertising agency that agency does not disclose: (a) the name of its client, and/or (b) the produce and/or services which are to be the subject of the Advertisement(s) for that space the company may at any time refuse or suspend the Advertisement(s) the agency proposes for such space. |
7.3 |
In the Circumstances set out in clause 7.2 above the Advertiser (which for these purposes shall mean both the advertising agency and its client(s)) shall have no claim against the Company in respect of the refusal or suspension, and if the space is not filled by the Company, the advertising agency shall be responsible for any loss suffered by the Company. In any case under 7.1 above the Company will return any money paid by the Advertiser in respect of an Advertisement which does not, or Advertisements which do not appear and, in any case of an order for a series of Advertisements the Advertiser will not be liable for the difference between the rate agreed for the entire series specified in the order and the usual rate for the number of Advertisements which has appeared when the cancellation occurs. |
| 7.4 |
Cancellations and transfers can only be accepted if requested by the Advertiser in writing, and if the request is received by the Company not less than two months before copy date in the case of annual or monthly publications or six weeks before copy date in the case of weekly publications or (in either case) as specified in the publication's rate card. |
| 7.5 |
If an Advertiser cancels the balance of an order, he relinquishes any right to the series discount to which he was previously entitled, and must pay for Advertisements at the appropriate rate set out in the rate card for the number of Advertisements which has appeared when the cancellation takes effect. |
| 8. |
Errors |
| 8.1 |
The Advertiser shall notify the company in writing of any error in a published Advertisement prior (whenever practicable) to the copy date for any subsequent insertion of the same Advertisement, and in any case within fourteen days of the first publication date. Failing such notification, the Company will be under no liability to the Advertiser in respect of such errors, and the Advertiser will indemnify the Haymarket Group against all actions, proceedings, claims, demands, damages and cost (including legal costs) brought or made by third parties as a result of the publication or distribution of an Advertisement containing such error. |
| 8.2 |
Proofs must be passed by the Advertiser before insertion, if time permits. |
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| 9. |
Rates and Payment |
| 9.1 |
Unless the company agrees otherwise in writing, the price for any Advertisement (including any Advertisement being published as part of a series) will be the price (according to the relevant rate card) prevailing at the date of publication. |
9.2 |
Unless the company agrees otherwise (in writing) payment is due immediately on publication. Where the company allows credit it will do so (unless it stipulates otherwise) until 28 days following the date of invoice. Failure to pay accounts will make advertising agencies liable to the following reductions in any commission otherwise allowed to them: (a) 3 per cent on the gross rate where the sum owing has not been paid on the due date; (b) a further 2 per cent on the gross rate (making a total of 5 per cent) where the sum owing remains unpaid one month or more after the due date. |
| 9.3 |
Charges will be made to the Advertiser where the printers are involved in extra production because of exceptional production requirements or acts or defaults of the Advertiser. |
| 9.4 |
Not more than one voucher copy of the publication will be provided for each insertion, and for orders of less than £100 no voucher copies will be provided. In the case of annual publications only tear sheets will be provided. |
| 10. |
Miscellaneous |
| 10.1 |
These conditions and all other express terms of the contract shall be governed and construed in accordance with the Law of England and any disputes will be subject to the jurisdiction of the English Courts. |
| 10.2 |
In these Conditions the following terms shall have the following respective meanings: "Advertiser" shall mean the Advertiser or, as the context requires, an advertising agency acting on behalf of the Advertiser. "Advertisement" shall include any loose insert advertisement and any advertisement attached to or distributed with the relevant publication including free gifts, and advertisements in any form, including, without limitation, computer or electronic readable form. "the Company" shall mean the company in Haymarket Group which publishes the issue of the publication in or with which the Advertisement is to appear or be distributed. "Haymarket Group" shall mean Haymarket Publishing Services Limited and any company under the same control, directly or indirectly, as Haymarket Publishing Group Services Limited, The EVRO Publishing Company Limited and their respective subsidiaries. |
| 10.3 |
Haymarket Publishing Services Limited acts as agent for the company in all matters relating to the invoicing and collection of receivables. |
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