Galleries Magazine - Art galleries in the UK, Display Advertising Rates - Galleries Terms and Conditions of Contract Main Rates Index

TERMS & CONDITIONS OF CONTRACT

1. DEFINITIONS: 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.

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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.

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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.

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4. ACCEPTANCE: The Publisher accepts orders subject to the approval of copy by the Publisher & space being available.

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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.

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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 control.

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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.

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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 Advertisement.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.
 
 


Enquiries: Galleries, Barrington Publications, Riverside Studios, Crisp Road, London W6 9RL
Tel +44 020 8237 1180 - email: -