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OPHTHALMIC LABS & INDUSTRY : a s e note Ple ss e w addre act N nt d n e w co an ls detai Media Planning Guide 2020 Eyepress Fachmedien GmbH • Saarner Str. 151 • D-45479 Mülheim a. d. Ruhr • Phone: +49-(0)208-306683-00 • www.mafo-optics.com
2 1. Editor, Publisher, Volume Statistic OPHTHALMIC LABS & INDUSTRY 01. Overview: Published in English, MAFO - Ophthalmic Labs & Industry is the independent journal for 06. Advertisements: Constanze Classen producers, managers and distributors in ophthalmic optics worldwide. lt is designed to E-Mail: constanze.classen@mafo-optics.com reflect the interests of the manufacturing side of labs and industry but also importers Advertising Agent China: Beijing FOCUS Optics Culture Communication Co. Ltd.; Mrs. Jian Wang and exporters as well as the vertical distribution of the big chains. Editorial contents will Room 319, Building 2, Nr. 1, Northbank 1292, Nr. 15 Jianguo Eastroad, be planned to engage the interest of optical business owners, managers, marketing Beijing 100024 (Chaoyang), P.R. China management, researchers and engineers, together with staff recruiters and trainers. 焦点视光(北京)文化传播有限公司 MAFO - Ophthalmic Labs & Industry is a journal dedicated to optical business. Its aim: to 北京市朝阳区建国东路15号院甲一号北岸1292 provide a well-balanced, interesting mix of features with practical new information und 二号楼319室 邮编:100024 E-Mail: jennywang_focus@126.com management insights. The publisher and editorial team all have in-depth experience. Phone: +86-10-8537-6529 They are supported by an international editorial board of experts, to help to plan und to Skype: jennywang611 develop the journal concept. The general editorial content is: materials, surfacing and QQ: jenny (916085356) coating of lenses, FreeForm, management and marketing matters and very important: 07. Issues/Year/Published: 6 x per year interviews and company profiles. To underline the competence of the journal, the publisher organizes the yearly international MAFO – The Conference in Milan on the 08. Publishing House: Eyepress Fachmedien GmbH day before Mido. Internationally well known and perceived experts from management, CEO: Petros Sioutis marketing, R&D-departments, consultants and universities give businesslike lectures 09. Accommodation Address: Saarner Str. 151, D-45479 Mülheim a.d. Ruhr with technical content. These lectures are published in MAFO during the coming year. 10. Phone: +49-(0)208-306683-20 (Advertisements) 02. Membership: +49-(0)208-306683-00 (Editorial Office) 11. Internet: www.mafo-optics.com E-Mail: info@mafo-optics.com 03. Official Journal of: ---- 12. Schedule and 04. Publisher: Silke Sage, Petros Sioutis, Efstathios Efthimiadis Topics planned: Details page 9 05. Chief Editor: Hanna Diewald hanna.diewald@mafo-optics.com Editor: Rebekka Nurkanovic rebekka.nurkanovic@mafo-optics.com Britta Laupichler britta@mafo-optics.com
3 2. Circulation and Geographical Distribution Analysis OPHTHALMIC LABS & INDUSTRY 13. Prices: One year’s Subscription 16. Print Copies: 5.500 European Union: 150.00 € (plus VAT in Germany) 17. Geographical Location Distribution in Percent Overseas (Seamail): 170.00 € Distribution Analysis: North America 36 % Overseas (Airmail): 205.00 € Central Europe 32 % United States (Seamail): 180.00 € Far East 12 % United States (Airmail): 235.00 € Middle East 6% Single Issue: 30.00 € + mailing costs Eastern Europe 8% 14. Volume Statistics Analysis South America 4% Journal format: 210 mm x 297 mm Africa 2% Total: 288 pages = 100 % Total 100 % Editorial: 200 pages = 70 % Adverts: 88 pages = 30 % 15. Content Analysis of the Editorial Pages Sections Technology: 30 % Market Surveys & Statistics: 20 % Report: 19 % Business: 12 % Management: 11 % Miscellaneous: 5% Spotlights: 3% Total: 100 %
4 Price List No. 16 valid from January 1, 2020 OPHTHALMIC LABS & INDUSTRY 01. Journal Format: 210 mm x 297 mm 07. Prices for Preferred 02. Type Area: 184 mm x 257 mm Placement: Cover Page plus 35% Cover Page: 160 mm x 225 mm (with 5 mm right and bottom bleed margins) Inside Front or Back plus 20% 03. Printing Method: Reel-fed offset Back Cover plus 25% Binding Method: Wire-stitched on top of the base price. Preferred placement is not discountable or Printing Material:Delivery of digital advertising data per ADSL + FTP or data media. Please commissionable. calculate 3 mm trim margin for bled-off advertisements. See technical notes for 08. Surcharges for electronical data. Advertisements in 04. Periodical Issued: Bimonthly, 6 issues per year Special Formats: On request Advertising Deadline: Details page 8 09. Special Form 05. Publisher: Eyepress Fachmedien GmbH of Advertisement: Inside cover ‘MAFO-Special’ 720.00 € (Full colour) Accommodation Address: Saarner Str. 151, D-45479 Mülheim a.d. Ruhr Suppliers Guide: 1 module (88 mm x 40 mm) Advertising Dept.: Phone: +49-(0)208-306683-20 with logo 4c 990.00 € Internet: www.mafo-optics.com per annum (6 issues) E-mail: info@mafo-optics.com All about products: 800 characters and a photo 4c 390.00 € 06. Payment Conditions: Prices quoted exclude VAT, payable by German-based companies only. (incl. a short headline and blanks) Prepayment 3%, bank draft 4%, within 8 days from publication 2% discount, full PR-Advert: Text driven advert to be put into MAFO’s layout for 50% of the regular net price within 14 days. Classified ads, reproductions and other technical costs are advertising costs. payable immediately without discount. Legal jurisdiction is Ratingen, Germany. Bank: Sparkasse Aachen IBAN: DE 21 3905 0000 1073 3925 06 SWIFT: AACSDE33XXX
5 Price List No. 16 valid from January 1, 2020 OPHTHALMIC LABS & INDUSTRY 10. Quantity Discount: Multiplier of the base price Advertising Rate including Colour Surcharge: (Surcharges are not discountable or commissionable) with 3 advertisements 5% with 6 advertisements 10% Format Width x height (mm) Base price b/w 2 colour 3 colour 4 colour with 9 advertisements 15% 2/1 420 x 297 + 3 (bleed) 3,860.00 € 4,900.00 € 6,050.00 € 7,150.00 € 184 x 257 with 12 advertisements 20% 1/1 1,940.00 € 2,480.00 € 3,030.00 € 3,570.00 € 210 x 297 + 3 (bleed) Calculated on the yearly orders for all publications of the Publishing Group 184 x 128,5 Ratingen. 92 x 257 1/2 1,020.00 € 1,550.00 € 2,090.00 € 2,640.00 € 11. Inserts: Total price by weight classes 210 x 148,5 + 3 (bleed) Size of the Inserts: 80 - 120 g 125 - 180 g 105 x 297 + 3 (bleed) 2,800.00 € 3,100.00 € 184 x 85,5 61 x 257 2 sheets (4 pages) 1/3 830.00 € 1,080.00 € 1,320.00 € 1,570.00 € 210 x 99 + 3 (bleed) Rebate corresponding to scale 70 x 297 + 3 (bleed) 1 insert = 1 advertisement page 184 x 64 Further information see page 6. 92 x 128,5 12. Supplements: Price ‰ to 25 g individual weight: 250.00 € 46 x 257 1/4 580.00 € 760.00 € 950.00 € 1,130.00 € Supplements are not discountable. 105 x 148,5 + 3 (bleed) 210 x 74,25 + 3 (bleed) Further information see page 7. 52,5 x 297 + 3 (bleed) 13. Glued Postcards: Price ‰ (automatic) 98.00 € Inside Price ‰ (manual) 148.00 € 184 x 198 720.00 € 4 colour Cover The base and glue prices are included in the price. Glued attachments are not discountable. 1/1 1/2 1/3 1/3 1/4 1/2 1/4 1/3 1/4
6 OPHTHALMIC LABS & INDUSTRY MAFO online Newsletter www.mafo-optics.com to our 2.000 MAFO-subscribers Head-Banner (242 x 100 px) Published 6 x per year, accompanying 242 x 100 px 242 x 100 px each issue of MAFO, publishing dates € 300 / US$ 330 per month on page 9. We accept .jpg, .gif and .png. Please respect RGP color code. Maximum dimension 1 MB. Full Size Banner (564 x 170 px) € 400 / US$ 440
7 Special Pages, Inserts OPHTHALMIC LABS & INDUSTRY Special Pages Inserts 14. Inserts: Before a job orderBefore can beaaccepted andcanverified, the submission of a binding Trimming Scheme:Scheme: 13 Inserts: job order be accepted and verified, the Trimming Special Pages submission proof, if necessary using a dummy of with a binding size andproof, weightifspecifications, necessary using a is required. Bounded-in Inserts: Format 223 mm x 304 mm folded but delivered with bleed margin and spine fold dummy with size and weight specifications, is required. Bounded-in Inserts: Format 223 mm x 304 mm folded but delivered with Inserts bleed margin Inserts may only advertise for the Inserts may onlyproducts advertise of for a business. According the products of a to postal business. Minimum page andcount: spine4 fold; pagesMinimum (in the middle or separated) page count: 4 pages (in the middle or 13 Inserts: According requirements they Before must jobtoorder beadesigned postal requirements can so that be accepted they cannot bethey andmust befordesigned verified, mistaken the editorial so Trimming Scheme: separated) that they cannot submission be mistaken of a binding forifeditorial proof, necessary using a 4 mm trim margin pages. The placement of thewith pages. dummy inserts The depends placement size on technical of and weight the insertspossibilities. depends specifications, on technical is required. Bounded-in Inserts: Format 223 mm x 304 mm folded but delivered with bleed margin < 10 mm spine fold possibilities. Inserts may only advertise for the products of a business. and spine fold; Minimum page count: 4 pages (in the middle or According to postal requirements they must be designed so 3mm trim margin > separated) < 3 mm trim margin 210 mm 210 mm Formats: 2 sheets (= Formats: 2 sheets (= 4 pages) untrimmed: that they 4 pages) cannot untrimmed: be mistaken for editorial 4 mm trim margin 436 mmThe pages. broad x 304 mm placement high of the inserts depends on technical 436 mm broad x 304 mm high possibilities. < 10 mm spine fold Min. Circulation: On request. 3mm trim margin > < fold < 3 mm trim 210 mm 210 mm margin Formats: 2 sheets (= 4 pages) untrimmed: Min. Circulation: On request Subm. Deadline: Up tomm 436 10broad days prior x 304tomm release. high 304 mm Mailing Min. Address: Circulation: On request. 297 mm < fold 297 mm Subm. Deadline: Up to 10 days prior to release Calculation: Subm. Deadline: All listed Up to 10 prices days prior are based on the price list of January to release. 3 mm trim margin 304 mm 2008. Mailing Mailing Address: Address: On request The request. On prices are valid for all inserts which can be handled 297 mm 436 mm 297 mm without additional effort (mechanical) and time Calculation: requirement. All listed prices are based on the price list of January 4 mm trim margin A surcharge is necessary for inserts with special 3 mm trim margin Calculation: All listed prices are2008. based on the price list of January 2019. The prices are valid characteristics. The prices are valid for all inserts which can be handled 436 mm 304 mm Prices can beonadditional for all inserts whichwithout request. handled without effort additional (mechanical)effortand (mechanical) time and 210 mm requirement. 4 mm trim margin Technical time requirement. AA surcharge Inserts are istonecessary surcharge for inserts isbenecessary delivered with special untrimmed. for inserts characteristics. Multi-paged with special inserts Glued Inserts: Glued Inserts: 2 pages Requirements: must be delivered folded. The front page must be Prices on request. characteristics. 2 pages, 10 mm glueing edge onedge 10 mm glueing spine, on spine, 304 mm designated.Inserts Prices on request. must be prepared in a manner to avoid hold a margin for text! < 3 mm trim margin 210 mm additional labour. Difficulties and additional folding and Format 213 mm x hold 304ammmargin for text! Technical glueing work Inserts are to be willdelivered be invoiced separately. untrimmed. to be delivered Glued Inserts: untrimmed! Technical Inserts are to be delivered untrimmed. Multi-paged inserts Multi-paged inserts must be delivered Format 213 mm x 304 mm Requirements: must be delivered folded. The front page must be 2 pages, 10 mm glueing edge on spine, 297 mm Requirements: folded. The front page must be designated. Inserts must be prepared in a manner designated.Inserts must be prepared in a manner to avoid hold a margin for to be delivered untrimmed! text! < 3 mm trim margin additional labour. Difficulties and additional folding and Format 213 mm x 304 mm to avoid additionalglueing labour. Difficulties work will be andinvoiced additional folding and glueing work separately. to be delivered untrimmed! 3 mm trim margin will be invoiced separately. 213 mm 297 mm 6 3 mm trim margin 213 mm 6
8 Special Pages, Supplements, Glued Postcards OPHTHALMIC LABS & INDUSTRY Special Pages 15. Supplements: Before a job order can be accepted and verified, the submission of a binding 16. Glued Postcards Glued postcards (minimum paper weight 170 g) and product samples on proof, if necessary using a dummy with size and weight specifications, is required. Supplements inserts or advertisements on an entire page must be additionally charged as a Inserts may only advertise for the products of a business. According to postal Glued supplement. Before a job order Postcards can be accepted and verified, the submission of 14 Supplements: requirements, Before athey jobmust orderbecan so designed that and be accepted they verified, cannot bethemistaken for the 15 Glued Postcards aGlued samplepostcards advertisement with glued (minimum paperpostcard (positional weight 170 g) andsample), if necessary contentsubmission pages. of a binding proof, if necessary using a dummy with size and weight specifications, is required. product samples on inserts or advertisements on an entire using a dummy, is required. Product samples can only be accepted when prior page must be additionally charged as a supplement. Inserts may only advertise for the products of a business. permission is obtained Before a job by the order can be publisher accepted(using a bindingthe and verified, sample). According to postal requirements, they must be so submission of a sample advertisement with glued postcard Format: Minimum size that designed 105they mm xcannot 148 mmbe(DIN A 6) for the mistaken (positional sample), if necessary using a dummy, is content Maximum size pages. 200 mm x 287 mm Formats: required. For Productuse glued postcards samples canpost the valid only be accepted when requirements. prior permission is obtained by the publisher (using a Format: Minimum size 105 mm x 148 mm (DIN A 6) binding sample). Maximum size 200 mm x 287 mm Min. Circulation: On request Formats: Min. Circulation: On request For glued postcards use the valid post requirements. Min. Circulation: On request. Min. Circulation: On request. Subm. Deadline : Subm. Deadline: Supplements must bemust Supplements delivered in proper in be delivered form and package proper to the printer form and Subm. Deadline: Up to 10 days prior to release of the issue in which it is to appear. 10 dayspackage to the prior to the printer release of the10issue. days prior to the release of the Subm. Deadline: Up to 10 days prior to release of the issue in which it is to issue. appear. Technical Requirements: The glued edge of the postcards or product samples should not be glued further Mailing Address: On request. Technical The glued edge of the postcards or product samples Mailing Address: On request Requirements: than 48 mm from the spine (see the sketch). should not be glued further than 48 mm from the spine Technical Supplement documentation must include data on the (see the sketch). Requirements: number of copies supplied, journal title and the volume Technical Requirements: Supplement number. documentation Each package mustshould includehave data on the number a visible copyof copies supplied, journalattached. Inserts title and the mustnumber. volume be prepared so as toshould Each package avoidhave a visible copy additional labor. Supplements will be inserted with the attached. Inserts closed edgemust be prepared parallel to the so as to avoid journal additional spine. labor. Difficulties Supplements and will beadditional inserted withfolding and glueing work will be invoiced the closed edge parallel to the journal spine. Difficulties and separately. Supplements printed on material other than Glued edge Glued edge additional paper folding and glueing can only work when be accepted will beprior invoiced separately. permission is Supplements Spine Spine obtained by the publisher (using a binding sample). printed on material other than paper can only be accepted when prior permission is obtained by the publisher (using a binding sample). Direction of insertion Glueing Glueing on the front edge on the back side 7
9 Feature Schedule 2020 OPHTHALMIC LABS & INDUSTRY Issues mm/dd/yy MAFO Specials and Topics Trade Shows 1 Date of issue: 01/03/20 Cleaning (Auxiliary materials, Machinery) opti, Munich (January 10 - 12) Ad close: 11/29/19 Water cleaning/filtration 2020 Materials due: 12/02/19 Consumables (Blocking, Fining, Polishing, Edging, Finishing, Protection) Date of issue: 02/14/20 Industrial remote edging MAFO – The Conference, Milan (February 28) 2 Ad close: Materials due: 01/17/20 01/20/20 (Edgers & millers, Tracer) Workshop Equipment Mido, Milan (February 29– March 02) SIOF Int’l Optics Fair, Shanghai (February 11 - 13) Vision Expo East, New York (March 26 - 29) Date of issue: 04/24/20 Generators 3 Ad close: Materials due: 03/27/20 03/30/20 Lens inspection Date of issue: 06/26/20 Coating (Auxiliary materials, Machinery) 4 Ad close: Materials due: 05/29/20 06/02/20 Engraving & printing (Machinery) Date of issue: 08/21/20 Semi-finished lenses I Vision Expo West, Las Vegas (September 23 - 26) 5 Ad close: Materials due: 07/31/20 08/03/20 (Single-vision, Bifocal, Trifocal) Silmo, Paris (October 02 - 05) Date of issue: 10/23/20 Semi-finished lenses II 6 Ad close: Materials due: 10/02/20 10/05/20 (Progressives) 1 Date of issue: 01/05/21 Cleaning (Auxiliary materials, Machinery) opti, Munich (January 08 - 10) Ad close: 12/04/20 Water cleaning/filtration 2021 Materials due: 12/07/20 Consumables (Blocking, Fining, Polishing, Edging, Finishing, Protection)
10 Permanent Columns in MAFO – Ophthalmic Labs & Industry OPHTHALMIC LABS & INDUSTRY Business: Daily business questions. Market Surveys: Overview of markets. Closing Words: You should know her or him. Marketing: Strategies to open up markets. Editor‘s Letter: Editorial comments on developments and everyday occurrences from all sectors of Portrait: People and companies to look at. the industry. Report: Reports about the latest international trade shows and conferences. Education: Education in people is the best investment. Spotlight: News about different aspects and persons of the business. History: Looking back to understand developments. Technology: All you need to know about surfacing, cleaning, coating, glazing... All about .... Product news and marketing promotions of manufacturers and wholesalers. SuppliersGuide: Who offers what. International Markets: The world is changing and you should know how it does. Interviews: Important topics in discussion. Management: Leadship, corporate identity, quality control and company philosophy.
11 OPHTHALMIC LABS & INDUSTRY Guidelines for Electronic Transfer of Advertisement Data / Materials for MAFO 01. Systems / Programs: 06. Additional costs: For further information, call Efstathios Efthimiadis Phone: +49-(0)208-306683-23 Supplementary costs will be applied for any additional work required in advertisement processing, such as missing Requirement profile for electronic advertisement transmission: proof chasing or litho work. Layout/Graphic Software: InDesign, Photoshop, Illustrator 07. Identification: Graphic formats: .tif, .eps, .pdf, .indd, .psd, .ai and .jpg. For ads sent by data carrier: please send full instructions with correct data names. Preferred text formats are: .txt, .rtf and .doc. For colour advertisement: please supply proofs and prints by mail. For alternatives, please call Efstathios Efthimiadis. 08. Guarantee: 02. Data Carrier: We can only expose what is available on the data carrier. We don’t take any responsibility for any deviations in Accepted are text, images and colours. • CD, DVD, FTP-Upload For further information please contact: Every transmission must show the journal title, sender / company, program version used, data names and numbers Advertisements: Constanze Classen of the colours required for ad printing. Phone: +49-(0)208-306683-20 We assume that all sent data are copies and don’t take responsibility for files. Delivery deadline on digitally E-mail: constanze.classen@mafo-optics.com transmitted advertising is the same as the last date for advertisement booking. Litho: Efstathios Efthimiadis 03. Scriptures: Phone: +49-(0)208-306683-23 Please use postscript-scriptures only, naming all scriptures used, and safe the screen fonts as well as the printer E-mail: production@eyepress.de fonts on your data carrier. The scriptures will be used only for the processing of your advertisement and will then be immediately erased. 04. Graphics, etc.: We require copies of all graphics, logos or images used in your advertisement, sent via .eps or .tif. Screen images must be 300 dpi, bitmaps in the range 600 – 1200 dpi. All Graphics need to be delivered in the CMYK colour space. 05. Proofs: Please send a binding proof. For 2c- and 3c-advertisements we kindly ask for a proof per colour (naming the colour on the proof: scale colour, HKS, cartridge). A binding proof is essential for 4c-advertisements.
12 OPHTHALMIC LABS & INDUSTRY General Terms of and Conditions for Advertising with Eyepress Fachmedien GmbH, the Publishing Company 1. Scope 9.2. Irrespective of the degree of culpability, the Publishers shall be liable for claims to damages ensuing from 1.1. All agreements with the Publishers concerning advertisements and supplied loose inserts shall be subject to the following terms and conditions, to the exclusion of all – the failure of the Publishers, or of senior employees or vicarious agents of the same, to honour an obligation of fundamental importance to the performance of others. Upon signing the first contract, the Publishers and Client shall agree to make these terms and conditions binding on all future orders too, including such as are placed contract, or by telephone. The Client’s terms of purchase or other terms and conditions shall apply only to the extent that they do not contradict the terms and conditions below. – product liability law, or 1.2. These terms and conditions shall apply accordingly to all orders for tip-ins, bind-ins, special technical variants, electronic advertising and other forms of advertising. – non-negligible organizational culpability on the part of the Publishers, or 2. Definitions – insidious deceit on the part of a legal representative, senior employee or vicarious agent of the Publishers or from the Publishers’ failure to reproduce the advertisement 2.1. An “advertising order” for the purposes of the following terms and conditions is a contract between the Publishers and the Client for the publication of the Advertiser’s as guaranteed, or advertisement or advertisements, electronic or other advertising (hereinafter called “advertisements”) in a newspaper or magazine with the aim of disseminating the – injury to life and limb caused by failure to honour an obligation on the part of the Publishers or of a legal representative, senior employee or vicarious agent of the same. same. 9.3. The Publishers shall be liable for the full amount of the damages due in the event of gross negligence or intent. In all other cases, the Client’s claims shall not exceed the 2.2. A “contract” is an agreement to publish several advertisements, taking account of the discounts to which the Client is entitled according to the rate list valid at the time the damages ordinarily paid in such cases and, unless otherwise agreed, shall be limited to 5 % of the order value. The Publishers’ liability under product liability law shall not order was placed. It is then up to the Client to call forward publication as it sees fit. be affected by this. 3. Calling forward and Placing Orders 9.4. The Publishers shall not be liable in cases other than those specified above, irrespective of the legal basis for the claims made. If the Client has signed a contract entitling it to call forward the publication of an advertisement as it sees fit, the order as a whole must nevertheless be executed within one 9.5. Claims for damages against the Publishers shall lapse 6 months after they arise, unless they rest on an unlawful or intentional act. year of the publication of the first advertisement, assuming the first advertisement was called forward and published no later than one year after the contract was signed. 9.6. In those cases in which the Publishers cannot be held liable, this preclusion of liability shall also apply to the personal liability of the Publishers’ senior staff, employees, 4. Publication and Right of Refusal co-workers, representatives and vicarious agents. 4.1. The Publishers reserve the right to reject advertisements 10. Rates – whose content is in breach of the law or other official regulations or 10.1. All the prices quoted in the Publishers’ current rate list are subject to value-added tax at the rate prevailing on the date of invoice (only Germany). – whose content is the subject of an official complaint lodged with the Deutsche Werberat [German Advertising Inspection Board] or 10.2. The Client shall refund the Publishers for any costs incurred for corrections of the advertising copy requested or occasioned by the Client. – whose content, design, origin or technical form are such that the Publishers cannot reasonably be expected to publish them. 10.3. Advertising agents and advertising agencies are bound to adhere to the Publishers’ rate lists in all their quotations, contracts and invoices issued to advertisers. 4.2. Advertisements that contain advertising for third parties (combined advertising) always require the Publishers’ prior written consent and are subject to a surcharge. Clients 10.4. In the event of a revision of advertising rates, the new rates shall apply to current orders only if announced by the Publishers at least one month prior to publication of the shall be notified immediately in the event of a rejection. advertisement or other form of advertising. If the rates increases, the Client shall be entitled to a cancellation of contract. This right must be exercised in writing within 14 5. Third-party Rights, Utilization Rights days of the receipt of the notice of increase. 5.1. The Client shall ensure that it possesses all the rights required to insert the advertisement in question. The Client shall exempt the Publishers from all third-party claims 10.5. Discounts shall not be granted to those companies whose business it is to place insertion orders for various advertisers with the aim of obtaining a discount. raised in connection with the advertising order as well as any costs the Publishers incur to defend themselves against such claims. The Client undertakes, to the best of its 10.6. Written proof of affiliation must be provided before affiliates can be granted a joint discount. Affiliates, for the purpose of these terms, are companies that hold a stake of knowledge and in good faith, to help the Publishers defend themselves against such claims by providing any information and documents that may be of relevance. more than 50 percent in each others’ equity. 5.2. The Client shall transfer to the Publishers any rights of duplication and publication needed to place the advertisement in accordance with the terms of the advertising 10.7. If a Client fails to call forward an advertisement once or more than once for reasons for which the Publishers are not responsible, the Client shall refund the Publishers for the order. difference between the discount actually granted and that due to it on the basis of the advertisements actually published (discount refund). This shall not affect the parties’ 6. Proofs other contractual rights and obligations. Unless agreed otherwise, the Client shall have a retroactive claim to the discount applicable for the number of advertisements The Client shall be responsible for the accuracy of the returned proofs. The Publishers shall take into account all those corrections of which they were notified prior to the closing date actually published within a given year. for advertisements or within the time limit specified when the proofs were sent out. 11. Payment 7. Advertising Copy, Order Processing 11.1. The invoice is payable within the period specified in the rate list unless payment in advance or other terms have been agreed. Discounts for prior payment shall be granted 7.1. The Client undertakes to submit the (digital) advertising copy by the deadline specified and in accordance with the Publishers’ technical specifications. The Client shall according to the rate list. bear the costs of any corrections required. If, owing to the Client’s failure to honour this commitment, insertion proves impossible, this shall not affect the Client’s payment 11.2. In the event of a delay in payment or respite, interest on the arrears and collection costs shall be charged. The Publishers shall be entitled to defer further execution of the obligations. order until payment is made and to demand payment in advance for any remaining advertisements. 7.2. The Publishers shall flag any advertisements that are not readily recognizable as such by appending the word “Advertisement.” 11.3. If the Publishers have just cause to doubt the Client’s solvency, they shall be entitled to make the publication of any further advertisements provided for in the contract 7.3. The Publishers shall select the position of each advertisement at their discretion, as far as possible taking account of the Client’s best interests. dependent upon payment in advance and the settlement in full of any amounts outstanding, irrespective of the terms of payment originally agreed. 7.4. The Publishers are at liberty to publish competitors’ advertisements as well. 12. Assignment and Offsetting of Claims 7.5. Advertising copy shall be returned only if expressly requested. The Publishers undertake to retain advertising copy for no longer than three months after the advertisement 12.1. The Client may not assign any claims ensuing from the advertising contract to third parties without the Publishers’ prior written consent. was first published. 12.2. The Client can offset its claims on the Publishers only if the demand in question is undisputed or enforceable by law. 8. Guarantee 12.3. A right of retention can be claimed only if the Publishers’ demand for payment and the Client’s counterclaim are based on the same contract. 8.1. The standard of reproduction agreed, the quality of the advertising copy permitting, is that customary for advertisements and other forms of advertising in the magazine 13. Stoppages and the like in question, as specified in the current media data for the said magazine and in the order confirmation. This presupposes that the Client complies with the Publishers’ In the event of stoppages, acts of God, industrial disputes, seizure, traffic disruptions, shortages of energy or raw materials and other such events for which the Publishers specifications for the creation and transmission of advertising copy. are not responsible - whether these affect the Publishers’ operations or those of other companies, whose services are crucial to the Publishers’ ability to honour their 8.2. If an advertisement does not meet the agreed standard, the Client shall be entitled to a reduction of the payment due or to a fault-free replacement advertisement, but only commitments – there shall be no liability for late performance or impossibility. In such cases, the Publishers shall be entitled to the payment in full of all the advertisements to the extent that the purpose of the original advertisement was impaired. The Publishers are entitled to refuse to insert a replacement advertisement if published, as long as 80% of the average sold – or otherwise promised – circulation for the past four quarters is delivered. If the circulation delivered is lower than this, the – this would entail outlays which, in view of the Publishers’ culpability and the principle of good faith, would be out of all proportion to the injured party’s claim to reparation, or invoice amount shall be reduced by the same percentage as that by which the circulation actually delivered falls short of that promised by the Publishers. – this would be possible only at what would be at unreasonably great expense for the Publishers. 14. Place of Performance, Jurisdiction If the Publishers allow the grace period for a replacement advertisement to lapse without taking action or if the replacement advertisement is not fault-free, the Client shall 14.1. The place of performance and sole place of jurisdiction shall be the Publishers’ domicile. be entitled to a reduction of the payment due or to a cancellation of contract. There shall be no claim to a cancellation of contract in the event of minor faults. 14.2. Disputes arising from the Publishers’ business dealings with merchants, judicial persons under public law or special funds under public law shall be settled at the court 8.3. The Publishers’ liability, as provided for in No. 9, shall not be affected by the above. with jurisdiction for the Publishers’ domicile. Any claims on non-merchants that cannot be settled by dunning shall be brought before the court with jurisdiction for the 9. Liability non-merchant’s domicile. 9.1. The Publishers shall be liable for any damages the Client suffers as a result of intent or gross negligence on the part of the Publishers or of senior employees or vicarious 14.3. If the Client’s domicile or ordinary residence, including that of non-merchants, is unknown at the time an action is brought or if the Client has relocated or its ordinary agents of the same. residence has moved outside the territory covered by the law since signing the contract with the Publishers, the place of jurisdiction shall be the Publishers’ domicile.
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