Country-Wide Publications Limited (CPL) general conditions of trade October 2005
The Terms of Trade set out below govern the supply of all products and services (including the design of any Masthead, Brands and Internet Trading Domians) supplied by County-Wide Publications Ltd (“CPL”), its Directors, Staff and Agents to its clients.? Acceptance of any estimates, products, or services from CPL is deemed to be acceptance of these Terms of Trade
- In accepting an advertisement (including a notice) for publication, and in publishing it, CPL is doing so in consideration of and relying on the advertiser’s express warranty, the truth of which is essential:
?a ?? That the advertisement does not contain anything:
???? That is misleading or deceptive or likely to mislead or deceive or otherwise breaches the Fair Trading Act 1986
???? That is defamatory or indecent or which otherwise offends against generally accepted community standards
???? That infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights.
???? That breaches any provision of any statute, regulation, bylaw, or other rule or law, and
b.??? that the advertisement complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc (“ASA”) and with every other code or industry standard relating to advertising in New Zealand, and c.??? That the advertisement complies in every way with the Human Rights Commission Act, 1977, it is unlawful, apart from some exceptions, for employment advertisements to restrict applicants because of their sex, marital status, race or religion.? Situations which are not exempt under the Act should be regarded as being open to applications from males and females.? As from April 1, 1992, it became unlawful under the Human Rights Commission Act to discriminate against a person in the area of employment on the grounds of age.? Advertisements that discriminate against age in any way will not be accepted. d.??? that publication of the advertisement will not give rise to any liability on our part or in a claim being made against us.
3??? CPL may refuse to publish, or withdraw an advertisement from publication without having to give a reason.
4??? CPL may publish the advertisement in the next available publishing date if there is an error or delay on publication of the advertising as booked.
5??? CPL may adjust advertising material; to conform to our technical specifications or for other genuine reasons, such as ensuring that the material will fit properly on the newsprint stock, as long as it does so using reasonable care and consultation.
6??? CPL may take orders for advertising in specific spaces. The space may be used only by the advertiser for advertising of the advertiser’s usual business, excluding employment advertising, and may not be transferred by the advertiser to another person.
7??? CPL will make reasonable efforts to place advertisements in the positions requested, CPL can not guarantee position unless a “guaranteed position fee” is agreed and paid by the advertiser.
8??? The guarantees contained in The Consumer Guarantees Act 1993 are excluded where the advertiser acquires, or holds himself out as acquiring, goods or services from CPL for the purpose of a business.
9??? The advertiser must tell CPL as soon as possible (and in any case, within 10 days of the date the advertisement appeared or should have appeared) if there is an error or omission in any advertisement the advertiser has placed.? After 10 days, any claim is deemed waived.
10??? CPL will not be liable for errors or omissions arising from the advertiser having given CPL incorrect instructions, or in any circumstances where a proof has been submitted and approved by the advertiser.
11??? Classified advertisements lodged via www.cpladsonline.co.nz will be published as provided or confirmed by the customer prior to payment.? No refunds shall be issued for customer errors in copy or booking instructions.
12??? If there is an omission in colour in an advertisement or colour is not specified, any credit shall relate solely to the colour component of the advertising rate.
13??? CPL will never be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission or failure to publish and if it is found to have any direct liability to an advertiser or a third party for any circumstance, that liability is limited to the cost of the advertisement.
Payment:
14??? The charge for an advertisement will be in accordance with the published rate card applying at the time for the publication, unless CPL agrees otherwise in writing. 15??? CPL reserves the right to not accept any booking on credit under the value of $150 excluding GST. Bookings under this value are to be paid in full prior to publishing in cash, or by Internet banking, using Visa or MasterCard online approval. 16??? Minimum charge for classified advertising, run-on per line is a 10 word minimum. 17??? Late advertisements may be accepted at CPL’s discretion for an additional 20% of the rate applying to that advertising. 18??? Notice to cancel an advertisement must be provided 24 hours before publication deadline. If a cancellation is accepted after the deadline for cancellation (which may happen only at the? discretion of CPL), the advertiser will pay a cancellation fee of at least 20% of the advertising charge plus any costs associated with the advertisement creation or alterations that would have been incurred. 19??? Advertising placed by advertisers who are not New Zealand residents will be zero-rated for GST purposes. GST will be applied at a standard rate to advertising placed by non-resident agents acting for New Zealand resident principals.
20??? Unless CPL expressly agrees in writing, payment, trade credit above the $150+GST minimum
is to be made in full by the 20th of the month following the date of the invoice or statement. If payment for advertising, or publications supplied or delivered is not made by the due date, the advertiser will be liable for interest at 2% per month compounding monthly, and for all costs of recovery and collection fees, including collection agent’s commission.
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