Terms & Conditions
11/04/2005 12:00:00 a.m.
- The
Advertiser warrants and undertakes to the Publisher that no material,
statement, representation or information contained in any advertisement:
- is likely to be misleading or deceptive or to otherwise infringe the Fair Trading Act 1986, or
- is in full or in part defamatory or in breach of copyright, trademark or other intellectual or industrial property right; or
- is otherwise in breach of any provision of any Statute, Regulation or rule of law;
- is is breach of any Code of Practice issued by the New Zealand Advertising Standards Authority Inc.
The Advertiser acknowledges that the Publisher is relying on the provisions of this Clause and in consideration of the Publisher accepting the advertisement for publication the Advertiser hereby agrees to indemnify the Publisher against all and any losses or costs, legal or otherwise, arising as a result of the publication of the advertisement or as a result of any delay in publication or cancellation of the advertisement.
- is likely to be misleading or deceptive or to otherwise infringe the Fair Trading Act 1986, or
- Whilst
every care will be taken to ensure that the advertisement is inserted
according to instructions the Publisher accepts no responsibility for
errors in advertising or for early, late or non-insertion through
accident or otherwise. The Publisher reserves the right to alter,
abbreviate or refuse to publish any advertisement received if in the
Publisher's opinion it would be undesirable to publish it in the form
presented by the Advertiser. Displacement or omission of an
advertisement will no invalidate a contract.
- The
position of advertisements in the magazine is entirely at the
discretion of the Publisher except where otherwise arranged. The
Publisher has the option from time to time of cancelling or suspending
any order if it should for any reason have to reduce or restrict the
size of its publication.
- The
Advertiser's instructions should be forwarded to the Publisher in
writing. The Publisher will not be responsible for errors or omissions
due to oversight of, misinterpretation of the Advertiser's verbal
instructions and it is the responsibility of the Advertiser to advise
the Publisher of any error as the Publisher will not be held
responsible for un-notified recurring errors.
- Advertisements
placed by advertising agencies are accepted on the understanding that
the agency is acting on behalf of the Advertiser and not for the
Publisher.
- Full
payment must be remitted to the Publisher by 2pm on the last working
day of the month following the date of publication, except for casual
direct advertising which must be paid for in advance of publication and
at the time copy and instructions are lodged, or in accordance with
specific credit arrangements. Casual direct advertising is
non-commissionable.
- The
Publisher will not be liable to the Advertiser or any other person for
errors in advertising, failure to publish the advertisement, early or
late insertion or any other default or failure to perform whatsoever.
This exclusion of liability applies to all heads of liability including
the publisher's negligence and to all forms of loss including direct
and indirect loss and loss of profits. If the Publisher is or becomes
liable to pay any sum of money to Advertiser such sum shall be limited
to an amount equal to the cost charged by the Publisher to the
Advertiser for one insertion of the advertisement.
- Cancellation
of an Advertising Order or part thereof must be give in writing to the
Publisher, P.O.Box 0202, Marion Square, Wellington , and received no
later than five days before publication date for all advertising. All
Advertising Orders not so cancelled shall be binding. When copy is
overdue, the Publisher reserves the right to repeat previous copy. Any
costs incurred by the Publisher which have been caused by failure of
the Advertiser to cancel within the specified period will be charged to
the Advertiser.
- The
rates quoted in an advertising space order are subject to any rate
increase that occurs during the period of the order. The maximum period
for a space order is 12 months. If the advertising space order is
cancelled by the Advertiser, the Advertiser shall pay for past
insertions at the rate applying to the amount of space used. The
Advertiser will be rebated if it has used sufficient additional space
to justify a lower rate than the specified order. The advertiser will
be surcharged if within the 12 months it does not use the amount of
space contracted. Rate increases will be notified in writing 6 weeks
prior to effective date.
- With
regard to original artwork and transparencies, colour separated
positives are acceptable provided they are prepared with adherence to
the Publisher's technical specifications.
- Production charges will not apply to advertisements, both colour and black and white.
- Booking: 1 week prior to publication date
Material: Friday prior to publication date
Cancellation: Friday prior to publication date
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