CTC

GENERAL SALE CONDITIONS - SHORT-TERM POSTER ADVERTISING

Art. 1    Form and conclusion of contract

The poster advertising contract is validly concluded if the advertiser has not contested in writing any, even minor, point in the order confirmation within 14 days of receipt of the confirmation. Any conditions other than the present must be agreed in writing between the parties in order to be valid.

Art. 2    Elements of contract

The contract contains the following elements in particular:

  • the name of the advertiser and of his authorized agent if any
  • the starting date and duration of the contract
  • the rate card

If the advertiser’s representative concludes the contract, the representative himself assumes the obligations there under.

Art. 3    Rates

In addition to the applicable rate, the following supplementary charges are invoiced:

  • amp duty, if any
  • shipping charges
  • supplementary costs for late delivery of posters

Art. 4    Delivery of posters

The posters must be delivered, free to BERCHER SA premises, not more than 21 days before the campaign starting date.

Late delivery of poster does not afford the advertiser grounds for requesting a change in the campaign starting date; the full poster advertising rate is payable even if it proves impossible to execute all or part of the order.

Art. 5    Starting date and duration of campaign

As a rule the mounting of the posters takes a few days but does not affect the average duration fixed for the campaign; the margin may be up 3 working days.

If, for reasons beyond its control (construction work, technical problems etc.), BERCHER SA is unable to make some advertising sites available to the advertiser, he will be invoiced only for the sites actually occupied for the duration of the contract. In principle he is not entitled to a replacement during a subsequent poster campaign.

Art. 6    Invoicing an terms of payment

Invoices are payable 30 days net. BERCHER SA reserves the right to request payment when the order is placed or on delivery of the advertising material.

Art. 7    Modification of franchise contracts

BERCHER SA is entitled to terminate the poster contract wholly or part at any time, without compensation to the advertiser, if a franchise contract or authorization of its own is terminated or withdrawn for any reason whatsoever. In this event the advertiser will be liable for payment only in respect of advertising actually done.

Art. 8    Advertiser’s liability and official prescriptions

The advertiser bears sole liability for the subject-matter of the advertising. In the event of Government restrictions or bans, the advertiser is not exempted from full payment of the agreed order price.
Objects are displayed at Client’s own risk and on his own responsibility. The same shall apply to all other forms of advertising.

Art. 9    Cancellation

The client may unilaterally cancel all or part of his order, without cost, by written notice to BERCHER SA within 14 days of confirmation of the order. In all other cases of unilateral cancellation of an order, wholly or part, a cancellation charge will be invoiced to the client based on a % of the total amount of poster advertising under the contract, i.e.:

  • a.) 90 days before:        10%
  • b.) less than 90 days before:    50%
  • c.) 15 days before:        not possible to cancel


Art. 10    Jurisdiction

The seat of legal jurisdiction for this contract shall be Geneva. Notwithstanding Art. 59 of Federal Constitution, the parties expressly recognize the jurisdiction and competence of the Geneva courts.

 

Related Documents
GENERAL SALE CONDITIONS - SHORT-TERM (19.7 KB)

 

 

GENERAL CONDITIONS

1. The advertisements covered by this contract shall harmonize with the advertising as a whole. Advertising copy, designs and colours that Client proposes to adopt shall be submitted beforehand to BERCHER SA PUBLICITE GENERALE who shall be entitled to have them changed until approved by Airport Authority. Client shall in all circumstances remain liable for the advertisements vis-à-vis third parties.

2. Irrespective of the time needed to produce the advertising design, or irrespective of the causes of any production delay, the rental payments are in all circumstances due in full from the starting date specified in Article 2 of this contract.

3. Client may advertise only his own business or his own industry. The same shall apply to the objects displayed.

4. Objects are displayed at Client's own risk and on his own responsibility. The same shall apply to all other
forms of advertising.

5. Creation and installation of advertisements, any changes of subject and removal of advertisements shall be Client's responsibility. Client shall supply the advertising material in conformity with Airport Authority requirements.

6. Client shall at all times at his own cost keep the advertising display in excellent repair and condition. In the event of non-compliance with this clause, BERCHER SA PUBLICITE GENERALE will take the necessary action at Client's cost 14 days after the first warning.

7. Client undertakes to make no change in the advertising site. He shall be liable for any damage caused by him or his personnel. Damage will be repaired immediately by BERCHER SA PUBLICITE GENERALE at Client's cost. Client likewise assumes sole liability vis-à-vis third parties.

8. This contract is personal and may not be transferred to a third party without the express written agreement of BERCHER SA PUBLICITE GENERALE.

9. Duties, taxes etc. which may be chargeable in the future on Client's advertising shall be borne by Client.

10. In the event of non-payment of rental on a due date, the total amount under the contract shall be payable immediately.

11. On the expiry of this contract Client shall remove his own installations and restore the site to its original state, in particular by removal of all advertising, failing which BERCHER SA PUBLICITE GENERALE shall itself carry this out at Client's own risk and expense. Installations which cannot be removed shall become the property of BERCHER SA PUBLICITE GENERALE without indemnity to Client.

12. BERCHER SA PUBLICITE GENERALE shall be entitled to terminated the contract at any time, at one month's notice and without indemnity to Client, if a contract or authorisation of its own is terminated or withdrawn for any reason whatsoever. In this event Client shall be liable for payment of rental only until the date for which this contract has been terminated.

13. BERCHER SA PUBLICITE GENERALE may transfer this contract to a third party without such transfer being opposable by Client. Only this contract bearing the signature of BERCHER SA PUBLICITE GENERALE shall be valid, Verbal promises given before or after its conclusion cannot be cited in support of claims.

14. The seat of legal jurisdiction for this contract shall be Geneva. Notwithstanding Art. 59 of the Federal Constitution, the parties expressly recognize the jurisdiction and competence of the Geneva courts. 

 

Related Document
General Conditions long term (20.3 KB)