Advertisement
orders are accepted subject to the following terms and conditions: 1.
In these terms and conditions, the term “Advertiser” shall
include any business or individual contracting to buy advertising
space, either directly or through an advertising agency, who shall
be bound as principal and not as agent. The term “Publisher” shall
mean PHARMedia International.
2. Unless otherwise agreed in writing all services are rendered upon these
terms and conditions which the Advertiser shall be deemed to have adopted as
the Advertiser’s standard terms of business in relation to all present
and future dealings with the Publisher. The Publisher does not contract on
the Advertiser’s terms and conditions and any acceptance or counter offer
by the Advertiser following an offer or quotation by the Publisher shall be
deemed to have been made on the understanding that these Terms and Conditions
shall apply to any contract subsequently concluded to the exclusion of any
other terms and conditions to which such acceptance or counter offer may have
been expressed to be subject or which might otherwise apply.
3. The Publisher reserves the right to refuse, omit, alter, suspend or withdraw
all advertisements which do not meet with its approval without incurring any
liability towards the Advertiser.
4. The issue of a rate card does not constitute an offer by the Publisher to
contract and the Publisher reserves the right to revise the scale of fees in
the rate card at any time without prior notice. The exchange of Advertiser’s
order and Publisher’s acceptance subject to these conditions forms the
entire contract between Publisher and Advertiser. This order constitutes a
binding contract and a firm commitment to the Publisher.
5. The publisher retains the right to change the format, style, content and
circulation of any of its publications at any time without prior notice.
6. The Advertiser shall deliver copy to the Publisher by the copy date failing
which the Publisher has the right to publish in monochrome the name, address
and other contact information as the Publisher in his sole discretion shall
decide such as the telephone number of the Advertiser or to use any existing
advertising copy of the Advertiser held by the Publisher either of which shall
constitute a full discharge of the Publisher’s obligations hereunder.
7. Twelve weeks notice in writing prior to cover date is required for amendments
to monochrome copy and sixteen weeks for colour which alterations are subject
to acceptance by the Publisher. No cancellations will be accepted later than
16 weeks prior to cover date. A handling fee of 25% of the contract price will
be charged for all amendments and cancellations.
8. Copy
must be supplied in conformity with the Publisher’s mechanical
data requirements. Any work undertaken by the Publisher to adapt
or modify non-conforming copy will be charged to the Advertiser.
9. Orders are accepted on the basis that accounts are settled within 30 days
of invoice date. All invoices will be issued upon receipt of orders, both verbal
and/or in writing for single or multiple insertions. Overdue accounts shall
carry interest at the rate of 8% per annum above HSBC’s base lending
rate calculated on a daily basis from the due date to the date of payment.
All payments must be made in GB sterling unless otherwise agreed.
10. The Advertiser undertakes that advertisements for insertion shall comply
with all legal requirements of all relevant jurisdictions and in particular
but without limitation shall not contain any matter whether by inclusion or
omission which is defamatory, fraudulent, misleading or false nor shall any
advertisement include any matter which infringes the copyright or any other
rights of any third party by implication or otherwise nor shall any advertisement
contain the name or likeness of any living person or company or other entity
unless their written approval has been obtained. The Advertiser agrees that
it will indemnify and hold the Publisher fully and effectively indemnified
against all costs claims damages or other liability which the Publisher may
suffer as a result of any advertisements not complying with the above undertaking.
The Publisher will not accept liability for refund or otherwise in the event
that distribution of the publication is curtailed or prevented as a result
of the inclusion in any advertisement of any material offensive to local laws
or customs.
11. Any series discount will be disapplied in its entirety in the event of
the cancellation of one or more advertisement in the series.
12. Copy artwork is sent at the Advertiser’s risk and the Publisher accepts
no responsibility for damage or loss. Artwork will be returned to the Advertiser,
at the Advertiser’s expense, after use only if return is requested in
writing and the Publisher accepts no responsibility for any loss or damage
which might occur in its return. The Publisher has the right to dispose of
artwork if return is not requested within 12 months from the date of last publication.
The Publisher cannot guarantee to supply proofs of any advertisement. If proofs
are supplied the Publisher has the right to pass on any costs involved to the
Advertiser who is responsible for returning proofs to the Publisher by the
date shown on the proofs.
13. The Publisher cannot be held responsible for typographical or minor changes
in advertisements which do not substantially affect the sense of the advertisement.
In any event the maximum extent of the Publisher’s liability howsoever
arising and whether to the Advertiser or any third party shall not exceed the
invoiced price for the placement of that advertisement and accordingly the
Advertiser shall indemnify the Publisher from and against liability that it
may incur to the Advertiser or to any third party as a result of any error
or omission in relation to any advertisement to the extent that such liability
exceeds the aforesaid amount except in the case of wilful misconduct or deceit
on the part of the Publisher or its employees.
14. Any complaints or queries must be raised in writing to the Publisher within
3 weeks of publication.
15. This Agreement shall be subject in all respects to the laws of England
and Wales and the parties submit to the non-exclusive jurisdiction of the English
courts.
16. The Advertiser will indemnify the Publisher against all legal costs and
expenses on a solicitor and own client basis arising from or in contemplation
of any legal proceedings against the Advertiser to recover payment of any sums
hereunder.
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