Terms and Conditions of Contract

In these terms and conditions, "the Advertiser" means the party booking advertising space together with any agent acting on his behalf and “the Publisher” means The Transport and Logistics Advisory Bureau.

1. These terms and conditions shall apply to all advertisements accepted for publication by the Publisher, except insofar as shall be specifically agreed in writing by the Publisher, notwithstanding the Advertiser's use of a confirmation, purchase order or any other document containing other terms and conditions. The advertiser shall not be entitled to rely on any representation or warranty, express or implied, which is not contained herein.
2. All advertisements are accepted subject to the Publisher's approval of the copy and to the availability of space. Every effort will be made to place an advertisement in the section apparently most relevant to the advertiser, but the Publisher reserves the right to make the final decision as to the position of the advertisement. Any free listing is offered ex gratia, and whilst the publisher will consider the wishes of the advertiser, the Publisher reserves the final decision whether to include the same and as to its format and wording and shall not be required to obtain the approval thereto of the Advertiser.
3. The Advertiser warrants that the advertisement does not contravene any statute or regulations made there under, nor is it in any way defamatory or illegal or an infringement of any other party's rights, or an infringement of the British code of Advertising Practice (or the equivalent in any other country where the publication might be distributed) or it is not according with the laws applicable in the UK or in the countries in which the publication will be published.
4. The Advertiser will indemnify and keep indemnified the Publisher in full against any loss, costs and expenses however incurred by the publisher arising out of the advertisement or in respect of any breach by the Advertiser of these terms and conditions and the advertiser must be prepared to pay the amount suffered by the Publisher as a result of the advertisement or in respect of a breach of this contract.
5. The Publisher reserves the right to omit an advertisement at any time before publication at the Publisher's absolute discretion. Such omission will be notified to the Advertiser as soon as possible by registered post. The Advertiser does not have any claims of any nature against the Publisher from the time the required notice is given to the Advertiser.
6. The publication of the advertisement must be at the absolute discretion of the Publisher and the Publisher without notice being given to the advertiser can change the date of publication, limit, direction or quantity of circulation.
7. All reasonable care will be taken to avoid mistakes but the Publisher cannot accept liability for any errors due to the acts or defaults of third parties or sub-contractors or inaccurate copy instructions or materials or other acts or defaults beyond its control. The Publisher shall not be liable for any errors in the advertisement unless the proof is returned in ample time for corrections to be made before the publication goes to press.
8. Advertisements are accepted on condition that the price binds the Publisher only in respect of the next issue going to press.
9. Full payment is due within 30 days of the date of the invoice. In the case of price discounted advertisements (those sold at prices lower than the printed rate-card amounts), should the full amount on the original invoice not be paid during this 30 day period, a second invoice for the discounted amount shown as deducted on the original invoice will be raised, this further amount will also be payable immediately. Interest at 1.5% per month calculated from the invoice date will be charged on overdue accounts.
10. The Advertiser shall submit all insertions by the closing date in proper "mechanical form". Unless the Publisher receives the advertising in proper “mechanical form” (as per the mechanical data specified after the acceptance of the order) from the Advertiser, or if the Publisher is required to perform additional production work as a result of the Advertiser's failure to conform to the Publisher's requirements, the Publisher accepts not responsibility whatsoever for any materials supplied by the Advertiser.
11. Proofs of advertisements will only be sent on written request by the advertiser personally.
12. The Advertiser must send by facsimile and registered post any notification of cancellation on or before the 14th day after the date of the contract. After this date there will be 75% cancellation charge if notification is sent by facsimile and registered post before the copy date as specified on the contract and 100% cancellation charge if notification is sent by facsimile and registered post after this date.
13. The Advertiser must supply copy to the Publisher by the copy date. If the copy and instructions are not received by the copy date, the Publisher may treat the advertiser as having cancelled and reserves the right to insert either a previously submitted advertisement (if held) or create an advertisement using such information as is available to the Publisher at the time. In all cases the full cost of the advertisement will be due for settlement by the Advertiser. If the advertisement is received after the copy date and the Publisher elects to place the advertisement no guarantee can be given that proofs will be supplied or corrections made.
14. All complaints or claims regarding advertisements published must be made in writing within 14 days following the date of publication and sent to the Publishers by facsimile and registered post, failing which any complaint shall be of no force and effect.
15. Advertiser's property, artwork etc, are held at the Advertiser's risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork which has been in its possession for 12 months and the Advertiser failed to ask the Publisher to return such work. The Publisher will return the artwork as long as the Publisher receives by registered post a request from the advertiser in writing.
16. In the event of the Advertiser fails to pay any sums that are due hereunder and in consequence thereof-legal action is commenced, the Advertiser agrees to pay all legal fees incurred thereby, in addition to interest & costs pursuant to law. In certain circumstances, advertising may be offered in exchange for goods rather than monetary payment (contra/barter arrangement). Should these goods fail to arrive in good condition within the agreed time limit (30 days from order), or should they not be of a satisfactory quality or nature when they do arrive, full payment for the publication space allocated will be immediately due. This cost will be determined by the current rate card prices.
17. In no event shall the liability of the Publisher for any breach of contract or in tort exceed the price paid by the Advertiser for the advertisement.
18. In no event shall the Publisher have any liability, either in contract or in tort, for any consequential loss or damage including loss of profit.