Commercial Advertising Terms & Conditions
Commercial Advertising Terms and Conditions
These terms (together with the applicable Cancellation Date and Advertising Material Lodgement Requirements) govern each supply of Services and constitute the entire agreement in connection with each supply of Services. All other express or implied terms and conditions, including the terms and conditions of Client, are excluded to the extent permitted by law.
No variation to these terms, whether in a Booking or otherwise, binds Bauer Trader Media unless expressly and specifically agreed in writing by Bauer Trader Media and Client.
These terms supersede any terms and conditions that have previously governed any supply of Services to Client and prevail to the extent of any inconsistency between a written or verbal quotation or Booking and these terms.
Any written or verbal quotation provided by Bauer Trader Media to Client, whether in the form of a media kit or otherwise, is a mere invitation to treat and does not constitute a contractual offer. All such quotations lapse 30 days after issue, but Bauer Trader Media may vary or withdraw any such quotation at any time.
Client may, at any time, make a Booking. A Confirmation Advice may be issued with respect to the Booking.
Client may cancel all or part of a Booking without penalty if written notice is given to Bauer Trader Media's national advertising manager before the Cancellation Date. Bookings accepted by Bauer Trader Media after the Cancellation Date may not be cancelled by Client without payment for the Booking in full.
If Client cancels all or part of a Booking after the Cancellation Date, Bauer Trader Media is entitled to payment in full for the Booking.
If Bauer Trader Media fails to issue a Confirmation Advice relating to a Booking but provides the Services requested in that Booking, these terms bind the Client as if a Confirmation Advice had been issued.
Where, in connection with the provision of Services, Bauer Trader Media provides creative services to Client, Client acknowledges that:
Bauer Trader Media does so as agent for Client and that Client is solely responsible for the Advertising Material which is the subject or product of such creative services, including their compliance with applicable laws, regulations and codes of conduct; and the Client provides the warranties described in this document, notwithstanding any services provided by Bauer Trader Media in relation to any advertisement in which Advertising Material is contained.
Any text, images and logos that Client wants to include in an advertisement being created by Bauer Trader Media must be provided to Bauer Trader Media at Client's cost within the timeframes notified by Bauer Trader Media to Client.
Rates and Payment
The applicable rate for any Booking is the rate specified in the Confirmation Advice (or, in the absence of a Confirmation Advice, in the rate card for the applicable Publication as of the date of the Booking). Client must pay the applicable rate for a Booking to Bauer Trader Media at the time of presentation of Bauer Trader Media's invoice for that Booking or on such later date as may be specified by Bauer Trader Media.
Production costs (including those associated with inserts and onserts) are also payable by Client at Bauer Trader Media's standard rates from time to time where production costs are incurred on behalf of Client.
All Bauer Trader Media rates or costs are exclusive of any applicable GST. Bauer Trader Media will issue a tax invoice to Client in relation to any supply that is subject to GST. The amount of GST payable by Client shall be calculated by multiplying the GST exclusive sum payable for Services by the rate of GST applicable at the time of the supply. The terms "GST", "supply" and "tax invoice" used in this clause shall have the same meaning as under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Time of payment of invoices by Client is of the essence. Without prejudice to any other remedy, Bauer Trader Media may charge interest on any overdue payments at an annual rate equal to 2% per annum above the National Australia Bank Limited reference rate applicable to business loans under $100,000 as published from time to time (to accrue from day to day).
Conditions relating to Services
Bauer Trader Media may, in its absolute discretion, refuse to accept any Advertising Material or cancel or reschedule any Booking or refuse to provide any Services.
A Booking must not be resold or sub-licensed by Client or used other than for Advertising Material referred to in the applicable Confirmation Advice.
Bauer Trader Media makes no warranties in relation to proximity of Advertising Material in a Publication relative to Advertising Material relating to competing products or services.
Client consents to Bauer Trader Media reformatting any Advertising Material for inclusion in a digital or other derivative version of a Publication and warrants that doing so will not infringe any person's rights.
Advertising Material Lodgement
Client must lodge Advertising Material that complies with the Advertising
Material Lodgement Requirements.
If Advertising Material is not lodged as required by Bauer Trader Media, Bauer Trader Media may, at its election, use Advertising Material previously provided by Client or cancel the Booking, and in either case, Bauer Trader Media remains entitled to the full payment for the Booking.
Bauer Trader Media reserves the right to place the word "advertisement", "promotion" or similar wording within or adjacent to any Advertising Material which, in Bauer Trader Media's opinion, resembles editorial material.
No responsibility is taken by Bauer Trader Media for any Advertising Material or associated materials left uncollected after 3 months from the date of publication of the Advertising Material.
Client warrants to Bauer Trader Media that Advertising Material lodged with Bauer Trader Media (whether or not Bauer Trader Media provided creative services in relation to that Advertising Material):
- complies with all laws, statutes, regulations, codes of practice and any standards applicable to publication of the Advertising Material and determined by any relevant regulatory agency or industry self-regulatory body;
- complies with any standard, guideline or requirement specified by Bauer Trader Media and notified to Client from time to time;
- does not infringe copyright, trademark, obligations of confidentiality or other legal rights of any person;
- is not false or misleading and is true in substance and in fact;
- without limiting the above, does not infringe the Competition and Consumer Act 2010 (Australia) or the Fair Trading Act 1986 (NZ) or the Therapeutic Goods Act 1989 (Australia), the Therapeutic Goods Regulations, the Therapeutic Goods Advertising Code operating in Australia or similar laws, regulations and codes operating in New Zealand; and
- does not contain anything which may give rise to any cause of action by a third party against Bauer Trader Media, including without limitation material which is defamatory or obscene or which otherwise causes injury or damage to any person.
Client warrants to Bauer Trader Media that Client is acting in its own right, as principal, and not as agent for, or otherwise on behalf of, any other party in relation to Client's dealings with Bauer Trader Media.
Client indemnifies Bauer Trader Media, its officers, employees, agents and affiliates (and their employees and agents) against any action, claim, loss, expense or cost, suffered or incurred, whether directly or indirectly, by Bauer Trader Media, its officers, employees, agents and affiliates (and their employees and agents) as a result of any breach by Client of these terms (including the warranties in clause 8) or otherwise (including in connection with recovering any amounts owed to Bauer Trader Media by Client) arising from publication of Advertising Material or cancellation of or failure to publish any Advertising Material or otherwise in connection with such advertising.
Bauer Trader Media (and its officers, employees, agents and affiliates) is not liable under these terms or otherwise in law for any indirect, special, economic or consequential loss or damage suffered or incurred by Client (or any other person) or loss of revenue, profit, goodwill, data or opportunity or loss of anticipated saving whether caused by negligence or otherwise and whether or not Bauer Trader Media was aware or should have been aware of the possibility of such damage.
To the extent permitted by law, all representations, conditions and warranties, whether based in statute, common law or otherwise, are excluded. Liability of Bauer Trader Media for any breach of a term or condition whether implied by law or otherwise is limited, at Bauer Trader Media's option, to the supply of the Service (or part thereof) again or the payment for the cost of having the Service (or part thereof) supplied again.
Bauer Trader Media is not liable for any delay or failure to perform the Services which is due to any act of God, revolution, unlawful act against public order or authority, breakdown of plant, industrial dispute, government or legal restraint or any event not within the reasonable control of Bauer Trader Media.
Bauer Trader Media may, at any time and in its absolute discretion, cancel, alter or suspend any credit terms (if applicable) when, in Bauer Trader Media's opinion, the financial condition of Client or the status of Client's account requires it and Client agrees to pay on demand all sums owing in connection with any credit facility in the event the credit facility is suspended or cancelled.
If Bauer Trader Media grants any credit facility to Client, Client agrees that a demand purporting to be signed on behalf of Bauer Trader Media identifying unpaid amounts is conclusive evidence that such amounts are payable and unpaid.
Client agrees that:
- each Booking it makes shall be deemed to include a representation that it is solvent and able to pay all of its debts as and when they fall due; and
- when any Booking is made, Client shall inform Bauer Trader Media of any facts which might reasonably affect any decision to accept the Booking and/or grant credit. Any failure to do so shall be deemed to create an inequality of bargaining position, the taking of an unfair advantage of Bauer Trader Media and to be unconscionable, misleading and deceptive.
These terms and any agreement between Client and Bauer Trader Media are governed by the laws of New South Wales and each party submits to the jurisdiction of courts exercising jurisdiction in that State.
These terms bind Bauer Trader Media and Client and their respective successors.
The invalidity or unenforceability of any provision of these terms does not affect the validity or enforceability of the remaining provisions.
Client may not assign its rights under these terms or a Booking to any other person.
In these terms, unless the context otherwise requires:
Bauer Trader Media means all print and digital properties associated with that company and any person for which Bauer Trader Media (ABN 053 273 546) accepts Bookings;
Advertising Material means advertising material and any promotional or other material: provided to Bauer Trader Media by or on behalf of Client; or
created by Bauer Trader Media in the course of providing creative service to Client including inserts, onserts, band-ons, business reply cards, tip-ons, samples and scents;
Advertising Material Lodgement Requirements means the requirements for lodgement of Advertising Material with Bauer Trader Media as specified on Bauer Trader Media's Website or otherwise specified by Bauer Trader Media from time to time.
Booking means a written or verbal order from Client to Bauer Trader Media requesting the provision of Services;
Cancellation Date means the cancellation date applicable to a Publication as specified on Bauer Trader Media's Website or otherwise specified by Bauer Trader Media from time to time;
any person who places a Booking or to whom Bauer Trader Media supplies Services, or if any agency places a booking for Services on behalf of that agency's client, that agency;
Confirmation Advice means a notice from Bauer Trader Media to Client confirming the details of a Booking and acceptance of the Booking subject to these terms;
Publication means a publication with which Bauer Trader Media is associated; and
Services mean the provision to Client by or on behalf of Bauer Trader Media of advertising opportunities, including advertorials, in a Publication.
Bauer Trader Media
ABN 053 273 546
ACN 053 273 546
(Updated Dec 2012)
Office - 73 Atherton Rd, Oakleigh 3166
Post - Locked bag 12, Oakleigh 3166
Tel: (03) 9567 4200