Penton Media GmbH Advertising price list Nr. 7 Valid from 1.7.2008
Penton Media GmbH Advertising price list Nr. 7 Valid from 1.7.2008
Penton Media GmbH Advertising price list Nr. 7 Valid from 1.7.2008
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Terms and Conditions<br />
to unpaid interest charges, and finally to the invoice specified.<br />
If the customer does not comply with his payment obligations according to contract, if his payment is<br />
in arrears, or if he exceeds the payment deadline, or other circumstances become known that call into<br />
question his creditworthiness and thereby endanger the payment demands, payment can be demanded<br />
regardless of existing oral agreements about extensions and installment payments through<br />
discounted bank draft prepayments for contracted advertisements, as well as immediate payment of<br />
all invoices open as well as not yet due; and the advertising contracts that are still running can be<br />
cancelled.<br />
The customer is only entitled to compensation, withholding, or decreasing payment if his claims are<br />
recognized or the counterclaims are legally determined.<br />
10. Delays<br />
With the exception of firmly arranged fixed dates of publication, a delay may be said to occur only when<br />
the customer has set in writing a grace period of at least one month. If the publishing house falls behind,<br />
it bears obligations for damages in the case of light negligence in the amount of 0,5% for every<br />
complete week of delay not, however, to exceed 50% of the value of the advertisement affected by the<br />
delay. Claims exceeding this are only applicable in cases of intentional or gross negligence.<br />
If the delay continues for longer than three months, the customer is entitled after a reasonable grace<br />
period to cancel the unfulfilled part of the contract. If the delivery time is extended or the publishing<br />
house is freed of its obligation by the cancellation of the contract, the customer will have no claims for<br />
damages.<br />
11. Liability Regulations with Material Defects and Defects of Title<br />
The publishing house guarantees the best possible reproduction of the advertisement corresponding to<br />
the usual technical standards of the printing industry, within the framework of possibilities of the material<br />
to be printed. Claims fall under the statute of limitations in 12 months. This period begins with<br />
the day of the appearance of the advertisement.<br />
The customer is responsible for checking the published advertisement immediately and reporting any<br />
defects within a week of publication.<br />
If there is a defect caused by the publishing house, the customer is entitled to a substitute advertisement<br />
in the next possible issue. If the publisher fails to fulfill this obligation within an appropriate period<br />
of time, the customer can, after setting another deadline, withdraw <strong>from</strong> the contract or reduce the<br />
advertising <strong>price</strong>.<br />
The post-fulfillment claims are the entitlement of only the customer and cannot be transferred.<br />
12. Limitations of Liability<br />
The publishing house has unlimited liability only for intentional and gross negligence, in the case of<br />
negligent breach of duty as well as for losses resulting in loss of life, bodily injury, or impairment of<br />
health. In the case of light negligence, the publishing house is responsible for damages including lost<br />
profits only by the violation of such obligations on whose fulfillment the customer might rely in special<br />
measure. According to the size, the liability is limited in this case to the damages typical to the nature<br />
of such contracts and in such cases foreseeable and not controllable by the customer.<br />
13. Jurisdiction and Place of Execution<br />
Jurisdiction and place of execution is the seat of the publishing house in München. This applies only if<br />
the customer belongs to the businessmen for the purposes of §§ 1, 2, 3, 5 and 6 HGB, or is, in accordance<br />
with § 38 paragraphs I ZPO, a legal entity of the public law or publicly legal separate estate or<br />
if his domicile or usual place of residence is unknown at the time of the filing of an action or if his domicile<br />
or usual place of residence is moved after closure of the contract <strong>from</strong> the area of jurisdiction of<br />
the law or the customer has no general jurisdiction at home. The publishing house is, however, also<br />
entitled to sue in the customer’s seat of jurisdiction. The laws of the Federal Republic of Germany apply<br />
in all legal relations existing between the parties.<br />
14. Miscellaneous<br />
Should one or more regulations of these terms of trade or a regulation within the framework of other<br />
agreements be or become ineffective, the validity of all other regulations or agreements will not be affected<br />
by this. Invalid or missing clauses are to be replaced as a substitute by effective clauses that<br />
are equal to the desired purpose through the help of the appropriate legal regulations.<br />
Status: August, 2007 (subject to change)<br />
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