|- Galleries Terms and Conditions of Contract||Main Rates Index|
& CONDITIONS OF CONTRACT
In these terms & conditions 'Publisher' means 'Barrington Publications'
& 'Advertiser' means the booker of advertising space. Agents shall be
deemed to be acting as principals for all connected purposes & shall be
responsible for payment of all Advertisements booked for as long as the Agent
acts for the Advertiser; thereafter the Advertiser shall be liable. 'Rate
Card' means the Publisher's current scale of charges for Advertisements. 'Advertisement'
includes display Advertisements, photographs, illustrations, listings, loose
or other 'insert' where appropriate.
2. CONTRACT: The Publisher's issue of a Rate Card does not constitute
an offer to contract. The exchange of Advertiser's order & Publisher's
acceptance subject to these conditions forms the entire contract between the
Publisher & the Advertiser.
3. VARIATION: The Publisher's acceptance of all orders for publication is
subject to these conditions & no variation shall be effective unless specifically
agreed to in writing by the Publisher.
4. ACCEPTANCE: The Publisher accepts orders subject to the approval of copy by the Publisher & space being available.
5. OMISSION: The Publisher reserves the right absolutely to cancel any order
or to omit or suspend an Advertisement at any time without assigning a reason
& shall be under no liability to the Advertiser for such action. Such cancellation, omission or suspension shall be notified to the Advertiser
as soon as possible.
6. ALTERATION: The Publisher reserves the right to modify the space or alter
the date or position of an insertion or make any other alteration. The Advertiser
will have the right to cancel if the alterations requested are unacceptable,
unless such changes are due to an emergency or circumstances beyond the Publisher's
7. LIABILITY: The Publisher takes every reasonable care to avoid mistakes. In the event of an error, liability shall not exceed the cost of the space booked & the Publisher shall not be liable for any loss or damage arising from error, late publication, non publication, inaccurate copy instructions, default by third parties or sub-contractors or failure of an Advertisement to appear from any other cause whatsoever. Complaints regarding reproduction of Advertisements must be received in writing within 28 days of the publication date.
8. INDEMNITY: The Advertiser warrants that the Advertisement does not contravene
any Act of Parliament nor is it in any other way illegal or defamatory or
an infringement of any other party's rights or an infringement of the British
Code of Advertising Practise. The Advertiser will indemnify the Publisher
fully in respect of any claim made against the Publisher arising from the
9. CANCELLATION: Orders cancelled within 28 days of publication will be subject
to a full charge. To be effective cancellation must be in writing addressed
to the Publisher.
10. SERIES CANCELLATION/DISCOUNTS: If the Advertiser
cancels the balance of a contract he relinquishes any right to that series
discount (if any) to which he was previously entitled & Advertisements
will be paid for at the appropriate rate. No refunds will be given for prepaid
series cancelled after publication has begun.
11. LATE COPY: If copy instructions are not received within 28 days of the
publication date or as otherwise stated, the Publisher will not guarantee
that proofs will be supplied nor corrections made & reserves the right
to repeat copy.
12. PROPERTY: Advertisers' property is held by the Publisher at the owner's
risk & should be insured against loss or damage from whatever cause.
The Publisher reserves the right to destroy all artwork or other property
which has been in its possession for more than 4 months & no liability
shall be attached to the Publisher in respect of such destruction.
13. ART WORK AND FILE HANDLING CHARGES: Unless
print ready copy is provided charges over and above the cost of space will
be made to the Advertiser where production work is involved. If these exceed
stated estimates the Publisher will where possible notify the Advertiser of
such charges upon receipt of advertising copy. Charges may also be made to
the Advertiser for extra production work due to his act or default.
14. DISCOUNTS & PRE-PAYMENT DISCOUNTS: Series Listing prices include discounts which are given subject to pre-payment or payment by standing order. Display advertisers may be offered a pre-payment discount. Any discount is conditional on payment being made by the due date. Failure to pay by this date will render the full amount due on invoice.
15. PAYMENT TERMS: Unless otherwise indicated by the Publisher, full payment
is due within 28 days of invoice. If the Advertiser defaults in this, the
Publisher reserves the right to require payment in advance for future bookings,
& pending such payment to omit or suspend all or any Advertisements &
discounts. Discount amounts may be reclaimed where there is a breach of these
terms; furthermore agreed discounts will not be applied for as long as there
is an overdue outstanding balance.
16. AGENCY COMMISSION: Advertising Agents are offered agency commission at
10% subect to an 11.5% booking charge unless otherwise previously negotiated
and provided payment for Advertisements is made in full by the due date.
17. ADMINISTRATION CHARGES: Where copy invoices are requested outside the
term of payment the Publisher will make a charge. Also where cheques are dishonoured
& bank charges incurred the Publisher will charge these to the Advertiser.
A fee of 25% may be added to any account passed to a solicitor for collection
without prejudice to any costs & interest awarded.
18. RUN-ON CARDS: (Reproduction of colour Advertisements on card - any number) The publication of an Advertisement is not contingent
upon the production of run-on cards. Financial liability for failure to produce ordered run-ons is limited to their cost.
19. PRINT READY COPY: is taken as a high resolution 'pdf' (or 'jpeg') which can be reproduced in proportion on the type or trim page as is without any alteration. Artwork charges may be applied where copy presented as print ready does not satisfy this criterion.
20. MAP POSITIONS: The indication of the position on
a map of an Advertiser with a full listing is dependent on the existence of
an appropriate map in the magazine & then is only intended as a guide.
21. FURTHER PROMOTION: The Publisher reserves the right to publish Advertisements
additionally on the Publishers Internet site and or third party Internet sites
and by all means in all other media as deemed appropriate except where due
notification has been made by the Advertiser to the contrary and acknowledged
by the Publisher in writing.
22. EXCEPTIONAL CIRCUMSTANCES: These conditions & all other terms of
the contract shall be construed in accordance with the Law of England. Notwithstanding
anything in these conditions providing to the contrary neither the Publisher
nor the Advertiser shall be liable to each other for loss or damage arising
from Acts of State, trade disputes, civil commotion, fire, force majeure,
Acts of God or other circumstances beyond the control of either.