sales terms and conditions

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  1. These terms and conditions shall apply to and form part of order by the Purchaser for advertising in publications of the Seller and for the sale of publications by the Seller to the Purchaser. No person may vary these terms and conditions without approval in writing of the General Manager of the Seller, or his authorised representative. To the maximum extent permitted by law, all terms, warranties and conditions that may be implied into this Agreement by statute are hereby negated

  2. Subject to the following, the Seller shall:
    (a) (in the case of advertising orders) publish all advertising in accordance with the order and deliver to the Purchaser, at its address stated in the order, a copy of the publication in which the advertisement appears, and/or
    (b) (in the case of sales orders) deliver to the Purchaser at its address the publication stated in the order.

  3. The Purchaser shall pay the Seller at its address on the front cover the total invoice amount for all advertising and / or sales which shall comprise, as the case may be:
    (a) the amount shown in the order for advertising space used (as varied in accordance with these terms and conditions):
    (b) all other costs or expenses which may be incurred by the Seller at the request of the Purchaser in respect of artwork, special typesetting, author correction, film positives and otherwise in respect of the advertisement; and
    (c) the amount shown in the order in respect of sales of publications.

  4. Payment terms unless otherwise negotiated with the seller.
    (a) Payment in full of the agreed sum shall be made to the Seller on or before the materiel deadline date for the upcoming issue.
    (b) If payment is not received by the due date the Publisher reserves the right not to proceed with the contract.
    (c) The Purchaser agrees to reimburse and indemnify the Seller for all costs and expenses (including legal costs on a solicitor/own client basis and any commissions) incurred by the Purchaser in respect of any Action taken to recover moneys due and payable under this Agreement.
    (d) The Purchaser further agrees that should moneys owing under this
    (e) Agreement remain unpaid beyond (a further 14 days after) the time for payment the Seller may charge interest on the amount outstanding at the rate of 1.5% per month.
    (f) Where the Seller receives any payment from the Purchaser it may direct the payment in its absolute discretion to any of the Publisher's outstanding invoices.

  5. Title to any publications sold and delivered to the Purchaser shall not pass until the invoice in respect of the publications has been paid in full.

  6. Where the Purchaser is represented by an accredited advertising agent who enters into this Agreement on behalf of the Purchaser the Seller shall pay to the said advertising agent on payment of the total invoice amount a the appropriate rate of commission demanded by the agent. Alternatively the Seller agrees to allow the agency to deduct the appropriate commission if payment is being made from the agency.

  7. In the case of advertisements, requested positions for the advertisement(s) within the publication are subject to the Seller's approval. If the requested position is unavailable, the Seller will use its best endeavours to publish the advertisement in a similar position but the Publisher shall irrespective be liable for the invoice amount applicable to the advertisement. The Seller reserves the right to insert suitable copy if copy is not received from the Purchaser prior to the time the publication to which the advertisement relates is sent for printing.

  8. In the case of advertisements, the Purchaser is responsible for supplying suitable artwork and a colour-correct digital proof. BTPublishing cannot accept responsibility for colour variations if a digital colour proof is not available for comparison. The advertisement is responsible for supplying artwork by the date specified by the Seller and if the Seller is requested to provide any material or labour to produce the advertisement the Purchaser will be invoiced accordingly, with terms of payment in accordance with Clause 4.

  9. The Purchaser acknowledges that the Seller in its discretion shall be entitled to do any or all of the following:
    (a) decline or cancel any advertisement or series of advertisements to which an order relates or decline or cancel any sales order for publications without stating any reason;
    (b) postpone the publication of any advertisement or sales order for the publication at any time and from time to time;
    (c) return or destroy all advertising material which remains in its or its printer's possession twelve months from the last month of publication of the advertisement to which that material relates, without being required to give notice to any Purchaser or advertising agency;
    (d) cut or alter any prints or artwork or other materials supplied by the Purchaser in order to conform to mechanical requirements, without being responsible for any lost; and
    (e) place the word 'advertisement' or 'advertorial' on any copy which in the Seller's opinion too closely resembles editorial matter.

  10. Acceptance of an advertisement for publication by the Seller does not deem endorsement or approval by the Seller of any product or service advertised.

  11. The Seller will not be responsible to any advertiser for any error or commission in any advertisement, any index to the publication containing the advertisement or in respect of any other matter.

  12. The Seller shall not be liable for any loss or damage to any person arising from the failure for whatever reason of any particular advertisement to appear on any specified date or at all, or from any error in advertising copy which may appear as a result of the Purchaser having been requested to compile any copy or produce any other artwork.

  13. The Seller shall not be liable in any manner for any loss or damage whatsoever to any positives, artwork or other materials deposited with the Seller for the purposes of fulfilling the order. Such materials shall at all times and in respect of all things remain at the risk of the Purchaser.

  14. The Purchaser upon and by lodging material with the Seller for publication or authorising or approving of the publication of any material:
    (a) acknowledge that it has examined the material for the purpose of determining whether it contains any defamatory matter or slander of title, infringes any trade mark, registered design, constitutes the torts of passing off, unfair competition or constitutes an invasion of privacy, breach of copyright or breach of any provision of the Trade Practices Act 1974;
    (b) indemnifies the Seller, its servants and agents against all liability, claims of proceedings whatsoever arising from the publication of the material and without limiting the generality of the foregoing, liability for defamation, slander or title, infringement of trade mark, passing off, unfair competition, invasion of privacy, breach of copyright or breach of any provision of the Trade Practices Act 1974; and
    (c) warrants that the material complies with all relevant laws and regulations that its publication will not give rise to any right against or liabilities to the Seller or its servants or agents, and that the Seller may rely on the above acknowledgement that the material has been duly examined.

  15. Cancellations of advertising orders is not possible after 7 days from the material deadline unless the Publisher agrees in writing. A cancellation fee of 50% of the contract becomes immediately payable and due.

  16. The laws of New South Wales shall govern this Agreement and the parties irrevocably submit to the jurisdiction of the Courts of New South Wales.

  17. In the event that the Purchaser is a corporation or partnership, the Purchaser authorises the Seller to disclose any of the information contained in this Agreement to any credit reporting agency, in accordance with s.18E (8) © of the Privacy Act 1998.