Terms ans Conditions

The following General Terms and Conditions apply to the magazines published by VDMA Services GmbH (hereinafter referred to as the “Publisher”):

1. “Advertising order” as used in these General Terms and Conditions refers to the contract for the publication of one or more advertisements by an advertiser or other client in a printed publication for the purpose of distribution.

2. In case of doubt, advertisements must be called off for publication within one year of the conclusion of the contract. If the right to call off individual advertisements is granted as part of a contract, the order must be fulfilled within one year of the publication of the first advertisement, provided that the first advertisement is called off and published within the period specified in sentence 1.

3. In the case of contracts, the client is entitled to call for additional advertisements beyond the quantity specified in the order within the agreed period or the period specified in paragraph 2.

4. If an order is not fulfilled due to circumstances beyond the publisher’s control, the client shall, without prejudice to any further legal obligations, reimburse the publisher for the difference between the discount granted and the discount corresponding to the actual quantity purchased. This reimbursement shall not apply if the non-fulfillment is due to force majeure within the publisher’s sphere of risk.

In the event of cancellation of an order, the publisher shall claim reimbursement for expenses already incurred. These amount to 50% of the order value up to 4 weeks prior to the publication date and 100% of the order value starting 4 weeks prior to the publication date. The client remains free to prove to the publisher that the damage was less or nonexistent. From 4 weeks prior to the publication date, the order can no longer be canceled.

5. When calculating the minimum order quantities, text millimeter lines are converted into ad millimeters at the applicable rate.

6. Orders for advertisements and third-party inserts that are expressly intended to be published exclusively in specific issues, specific editions, or in specific locations within the publication must be received by the publisher in sufficient time to allow the client to be notified before the advertising deadline if the order cannot be fulfilled in this manner. Classified advertisements are printed in the respective section without the need for an express agreement.

7. Advertisements that are not recognizable as such due to their editorial design will be clearly marked as such by the publisher with the word “Advertisement.”

8. The publisher reserves the right to reject advertising orders—including individual placements within the scope of a contract—and insert orders based on their content, origin, or technical form, in accordance with the Publisher’s uniform, objectively justified principles, if their content violates laws or official regulations or if their publication is deemed objectionable by the Publisher within the deadline set upon submission of the proof.

9. The client is responsible for the timely delivery of the advertisement text and flawless print files or inserts. The publisher shall immediately request replacements for print files that are recognizably unsuitable or damaged. The publisher guarantees the print quality customary for the specified title within the limits of what is possible based on the print files provided.

10. If the advertisement is printed in a manner that is wholly or partially illegible, incorrect, or incomplete, the client is entitled to a reduction in payment or a replacement advertisement free of defects, but only to the extent that the purpose of the advertisement has been impaired. If the publisher allows a reasonable deadline set for this purpose to elapse, or if the replacement advertisement is again not flawless, the client shall be entitled to a reduction in payment or cancellation of the order. Claims for damages arising from positive breach of contract, fault at the time of contract conclusion, and tort are excluded—even in the case of orders placed by telephone. Claims for damages arising from impossibility of performance and delay are limited to compensation for foreseeable damage and to the fee payable for the advertisement or insert in question. This does not apply to intent or gross negligence on the part of the publisher, its legal representative, or its vicarious agents. The publisher’s liability for damages due to the absence of warranted characteristics remains unaffected.
In commercial transactions, the publisher is also not liable for gross negligence on the part of its vicarious agents; in all other cases, liability for gross negligence toward merchants is limited in scope to foreseeable damages up to the amount of the relevant advertising fee. Claims must be asserted within four weeks of receipt of the invoice and supporting documentation, except in the case of non-obvious defects. Advertisements or inserts containing the VDMA logo must use it in accordance with the VDMA’s layout guidelines. In the event of violations, the contractor reserves the right to reject the order.

11. Proofs are provided only upon express request. The client is responsible for the accuracy of the returned proofs. The publisher will take into account all corrections of errors; however, a reduction in print run that falls below the average actual circulation of the previous calendar year will not be accepted. A reduction in print run constitutes a defect justifying a price reduction only if it amounts to

20% for a print run of up to 50,000 copies

for a print run of up to 100,000 copies, 15%

for a print run of up to 500,000 copies, 10%

for a print run of over 500,000 copies, 5%.

Furthermore, claims for price reductions are excluded in the case of contracts if the publisher has notified the client of the reduction in print run in sufficient time for the client to withdraw from the contract before the advertisement is published.

12. If no specific size requirements are specified, the actual print height customary for the type of advertisement shall form the basis for calculation.

13. If the client does not make advance payments, the invoice will be sent immediately, but if possible fourteen days after the advertisement’s publication. The invoice must be paid within the period specified in the price list, which begins upon receipt of the invoice, unless a different payment term or advance payment has been agreed upon in a specific case. Any discounts for early payment shall be granted in accordance with the price list.

14. In the event of late payment or deferral, interest and collection costs shall be charged. In the event of late payment, the publisher may suspend further execution of the current order until payment is made and may require advance payment for the remaining advertisements. If there are reasonable doubts regarding the client’s solvency, the publisher is entitled, even during the term of an advertising contract, to make the publication of further advertisements contingent upon advance payment of the amount and settlement of outstanding invoice amounts, regardless of any originally agreed payment terms.

15. Upon request, the publisher shall provide an advertisement proof along with the invoice. Depending on the type and scope of the advertisement order, the publisher shall provide clippings, proof pages, or complete proof issues. If a proof can no longer be obtained, it shall be replaced by a legally binding certificate from the publisher confirming the publication and distribution of the advertisement.

16. The client shall bear the costs for the production of ordered print materials as well as for significant changes to the originally agreed specifications requested by the client or for which the client is responsible.

17. A reduction in circulation may give rise to a claim for a price reduction in the case of a contract covering multiple advertisements if, in the overall average of the insertion year beginning with the first advertisement, the average circulation specified in the price list or otherwise—or, if no circulation is specified, the average sold circulation (in the case of trade journals, where applicable)—is unreasonably low for the publisher. This also applies to orders placed with branch offices, acceptance points, or representatives. Insert orders are binding on the publisher only after submission of a sample of the insert and its approval. Inserts that, due to their format or presentation, give the reader the impression of being a component of the newspaper or magazine, or that contain third-party advertisements, will not be accepted. The client will be notified immediately of the rejection of an order.

18. With regard to classified ads, the publisher shall exercise the due care of a prudent businessman in the safekeeping and timely forwarding of offers. Registered letters and express mail relating to classified ads will be forwarded only via standard postal service. Responses to classified ads will be retained for four weeks. Correspondence not collected within this period will be destroyed. The publisher will return valuable documents, though it is under no obligation to do so. In the interest and for the protection of the client, the publisher reserves the right to open incoming offers for inspection purposes to prevent misuse of the classifieds service. The publisher is under no obligation to forward commercial solicitations or brokerage offers.

19. Print documents will be returned to the client only upon specific request. The obligation to retain such documents ends three months after the expiration of the contract.

20. The place of performance is the publisher’s registered office. In business dealings with merchants, legal entities under public law, or special funds under public law, the venue for legal action is the publisher’s registered office. Unless the publisher’s claims are asserted in summary proceedings, the venue for non-merchants is determined by their place of residence. If the client’s domicile or habitual residence—even in the case of non-merchants—is unknown at the time the action is filed, or if the client has moved their domicile or habitual residence outside the scope of the law after the conclusion of the contract, the place of jurisdiction shall be the publisher’s registered office. If the client is based abroad, the applicable law, excluding the UN Convention on Contracts for the International Sale of Goods, is German law.

21. Company Profiles

The General Terms and Conditions for Advertisements and Third-Party Inserts in Newspapers and Magazines of VDMA Services GmbH apply. Furthermore, images provided to the publisher by the client for the design and publication of their company profile must be free of third-party rights. The publisher assumes no responsibility for the accuracy of the information in the company profiles.