The following Terms and Conditions of Business are valid exclusively. General terms and conditions of purchase or general terms and conditions of business from the Client that deviate from the following are only valid if confirmed by us in writing. Conflicting affirmations by the Client referring to his own terms and conditions are hereby explicitly rejected and will not be recognised. Should individual provisions of our General Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall remain unaffected by this invalidity or unenforceability and shall remain in full force and effect.
2.1 Offers made by the Publisher are – insofar as nothing else has been specified – without obligation up until receipt of the declaration of acceptance.
2.2 An advertising order is deemed to be placed in a legally binding manner and can be neither retracted nor altered. The order is effective for the Publisher if they do not reject it within 35 working days according to predetermined principles that are the same for all Clients. The Publisher is not obliged to carry out an order if the Client is in default of payment.
2.3 Orders for advertisements and third-party inserts that are to be explicitly and solely published in specific issues, in specific editions or in specific locations of the print matter must be received by the Publisher in such time that the Client can be notified before the Advertisement Deadline that the order cannot be carried out as intended. Rubricated ads will be printed in the corresponding rubric without the need for a prior explicit agreement to this effect.
2.4 For the definition of purchase quantities, text lines in mm will be converted in advertisement space in mm according to the advertisement price.
2.5 The Client accepts full responsibility for the content of his advertisement and exempts the Publisher from claims asserted by third parties relating to competition and copyright law or any other third-party claims.
2.6 Text component adverts are adverts which adjoin the text and not other adverts for at least three pages. Adverts that are not recognisable as adverts because of their editorial layout are clearly marked with the word "Advert" by the Publisher. Inserts which, due to the format or appearance, may appear to the reader to be part of the newspaper or magazine, or which contain third-party adverts, shall not be accepted.
The Publisher reserves the right to reject advert orders – including individual adverts under a contract – or orders for inserts on grounds of content, origin or technical format under its own standard, factually justified principles if their content contravenes legal or regulatory stipulations or their publication is unacceptable for the Publisher. This also applies to orders submitted to branch offices, receiving offices or representatives. Orders for inserts are only binding for the Publisher once the insert template has been submitted and approved.
Rejection of an order shall be communicated to the Client without delay.
2.7 The client shall be responsible for prompt delivery of the advert text and accurate printing data and inserts. The Publisher shall request replacement for recognisable inaccuracies or damaged printing data without delay.
2.8 Samples are only provided where specifically requested by the Client. The sample sent is deemed to have been received by the Client two days after it has been sent. The Client shall be responsible for the correctness of the returned samples. The Publisher shall observe all error corrections made known to it within the period specified upon sending the sample. If the Client does not return the proof or does not do so on time, the Client is deemed to have given his approval.
3.1 The Publisher's guarantee solely covers the performance and service that is the subject of the advertising order.
3.2 The Publisher guarantees print quality normal to that of the title concerned within the scope of the possibilities of the printing data.
3.3 The Publisher endeavours to execute every order with care and diligence. If the advertisement/insert commissioned is nevertheless not accepted or defective due to oversight (negligence), the Client can demand a partial or complete waiver of the fee for this order from the Publisher. An entitlement to redhibition (nullification of the contract), however, is excluded in every case. Further claims, insofar as they do not rest on a deliberate act, are excluded or can only arise in the case of non-traders through gross negligence.
The Publisher assumes no liability for transmission faults of any kind via telephone. In no case do errors in an advertisement justify a refusal of payment for other correctly executed advertisements.
3.4 The Client shall be entitled to a corrected replacement advert, but only to the extent that the purpose of the advert is affected. If the replacement advertisement is again not without fault, the Client is entitled to a payment reduction or a revocation of the contract (redhibition) according to Section 3.3.
3.5 Guarantee claims due to the absence of assured features (express and implied representations) remain unaffected.
3.6 Any objections must be made to the Publisher in writing immediately after the deficiencies have been ascertained, at the latest seven days after publication.
Claims regarding hidden defects are to be asserted immediately after discovery – but within the statutory warranty period. 3.7 The Publisher is contractually and non-contractually liable in cases of deliberate intent or gross negligence; the Publisher is only liable for consequential damages and pure financial loss, however, if these are caused by the Publisher's legal agents or executive employees.
3.8 If the Publisher is prohibited from fulfilling the order within the agreed time on account of a disruption of operations that can be attributed to industrial action – for whatever reason – or to a lack of raw materials, the Client is entitled to exercise a right of withdrawal from the contract as long as this right is asserted before the end of the operational disturbance. In any such case, the deadline for fulfilment is extended by the duration of the operational disturbance. In the event of operational disturbance, any liability on the part of the Publisher for delay or impossibility of provision is excluded. The preceding regulations concerning operational disturbances only apply insofar as the Client is a tradesman.
4.1 Unless any specific sizing requirements have been given, the amount to be charged shall be calculated based on the print size that is normal for the type of advert.
4.2 The invoice sent to the Client is to be paid within the period specified in the price list starting from the receipt of the invoice, insofar as a different payment period has not been agreed on an individual basis. Deductions are granted according to the price list for payment of the complete fee in advance.
4.3 In the event of delayed payments, the Publisher can defer the further execution of the current contract until payment is made and demand advance payment for the remaining advertisements.
If reasonable doubt exists as to the creditworthiness of the Client, the Publisher is entitled – even during the current term of an advertising contract – to make the publication of further advertisements dependent on the advance payment of the invoice amount and on the settlement of outstanding invoice amounts without regard to any originally agreed term of payment.
4.4 The Publisher provides a specimen copy with the invoice. Cuttings, advertising pages or complete issues will be submitted by the Publisher depending on the nature and size of the advertisement order. Should a specimen copy not be available, the Publisher will issue a legally binding statement confirming that the advertisement has been properly published and disseminated.
4.5 Additional costs associated with preparing ordered copy materials or artwork of any kind or for any major changes requested or warranted by the Client that differ extensively from the originally agreed-upon executions are to be borne by the Client.
4.6 Setoffs with counterclaims and the assertion of rights of retention as a result of previous advertising orders are excluded, unless the counterclaims are undisputed or legally established.
4.7 If reminders of payment become necessary, the Client pays the invoiced dunning costs at the rate of EUR 5.00 per reminder. This does not apply to the initial reminder triggering the state of default. The Client is permitted to prove that the actual dunning costs were lower.
5.1 The contractual relationship is subject to German law.
5.2 The place of fulfilment is the Publishers' domicile.
5.3 If the Client is a registered trader, the competent court of jurisdiction for first-instance legal action is deemed to be that of the Publisher's domicile. The Publisher is also entitled to sue the Client at the competent court at the Client's place of business or residence.
The international journal for industry, research and application of aluminium is published monthly. It provides information on all topical issues concerning the material, its production, processing, recycling and application. Furthermore, economic topics and ecological consequences of aluminium application are discussed. Thirty percent of all articles in the journal are written in English.
The trade journal is the leading title in the whole German-speaking area. It provides information on material-specific characteristics of aluminium, latest processing technologies and innovative applications in various branches and sectors of industry.