All Dealer & Display advertising is only accepted subject to the following Advertising terms and conditions and copy lodgement requirement. All advertising requires prepayment unless prior payment arrangements have been made and credit facilities have been approved prior to publication.

All advertising will be invoiced at our Corporate casual rate unless dealer and volume discounts have been approved proir to Publication.

By providing material for publication Advertisers are accepting these terms and condition which cannot be varied unless in writing by the Trader Classifieds CEO.

1. PROVISION OF ADVERTISING SERVICES

1.1 Publishing Services will only be provided to Advertisers subject to these Advertising Conditions, ACP Copy Lodgement Requirements and in conjunction with the terms and conditions published on Rate Cards current at the time of publication and or in the magazines.

1.2 Publishing services include both print and online. Photoclassifieds submitted for the magazines may also be published on the Ihub Websites, advertisers NOT wanting this service need to advise the ACP advertising department in writing prior to the magazine's deadline.

2. BOOKING & CONFIRMATION PROCESS

2.1 ACP will provide a booking confirmation by email only, advertisers should check the booking and invoicing details are correct prior to the material deadline.

2.2 Advertisers may place a Booking with ACP from time to time for the provision of Publishing Services by ACP.

2.3 Advertisers may amend any Booking or Copy already submitted by advising ACP's Advertising Department in writing by the material deadline.

2.4 Advertisers may cancel all or part of a Booking without penalty if written notice is given to ACP's Advertising Sales Department in writing before the cancellation date.

2.5 If an Advertiser cancels all or part of a Booking after the material deadline, ACP is entitled to payment for the Booking.

2.6 Bookings accepted by ACP after the Cancellation Date may not be cancelled by Dealer.

3. RATES AND PAYMENT

3.1 The applicable rate for any Booking will be the rate specified on the current the Rate Card.

3.2 Dealer must pay the applicable rates to ACP at the time of presentation of ACP’s invoice or on such later date as may be specified by ACP.

4. DEALER RATE DISCOUNTS

4.1 ACP may in its discretion provide dealer and/or volume discounts.

4.2 The Discounted Dealer Rate is only applicable to advertising that conforms to ACPs Dealer advertising standard layouts and is offering specific used or pre-owned items for sale that pertain to the magazine’s title. Standard layout formats and rate criteria details are available upon request.

4.3 Dealers should confirm that their advertising qualifies for the discounted Dealer Rate prior to placement of copy as all other advertising will be invoiced at a published Standard Rate Card rate.

4.4 Dealer Rate volume discounts will only apply on a per-issue basis and all invoices in respect to that issue must be issued to the same advertiser on a single invoice.

CREDIT TERMS

5.1 Notwithstanding clause 3, if a Dealer has a current Credit Account with ACP Magazines Ltd, credit terms as specified in the Credit Account conditions will apply.

CONDITIONS RELATING TO PUBLISHING SERVICES

6.1 ACP may, at its discretion, refuse to accept any copy or part of the copy for publication for any reason and may at any time cancel or reschedule any booking.

6.2 ACP may, at its discretion, refuse Publishing Services to Advertisers if the Advertiser is in breach of these conditions or any agreement between Advertiser and ACP.

6.3 If a booking is cancelled, expired or suspended, rates will be adjusted to the actual amount of space used in relation to that booking.

6.4 Allocated advertising space may not be resold or sub-licensed by Advertiser.

6.5 No guarantee will be given to any preferred position requested by the Advertiser.

6.6 ACP makes no warranties in relation to proximity of publication of Copy relative to publication of copy relating to competing products or services.

6.7 If ACP is unable to perform an obligation under these conditions by reason of an event outside ACP's reasonable control, performance of that obligation is suspended.

6.8 The maximum term of booking accepted by ACP is twelve months unless agreed in writing by ACP.

6.9 No responsibility will be accepted for any loss arising from the failure of an advertisement or any part thereof to appear or from any error from an advertisement in the publication.

7. COPY LODGEMENT

7.1 Advertisers must lodge Copy in accordance with ACP's Advertiser Copy lodgement Requirements.

7.2 If Copy is not lodged as required by ACP, ACP is entitled to payment for the Booking and may at its election publish Copy previously provided by the Advertiser, cancel the Booking and / or apply a late Copy charge.

7.3 ACP reserves the right to place the word "advertisement" above or below any Copy which in ACP's opinion resembles editorial matter.

7.4 No responsibility will be taken by ACP for any Copy left uncollected after 3 months from the date of publication.

7.5 No responsibility is taken for late dispatch or delivery of magazines due to circumstances beyond our control.

8. WARRANTIES

8.1 Advertisers warrants to ACP that Copy lodged with ACP:

1. complies with all laws, statutes, regulations, codes of practice and any standards applicable to publication of Copy and determined by any relevant regulatory agency or industry self - regulatory body;
2. complies with any standard or requirement specified by ACP and notified to the Advertisers from time to time;
3. does not infringe copyright, trademark or other legal rights of any person;
4. is not false or misleading and is true in substance and in fact;
5. without limiting the above, does not infringe the Trade Practices Act 1974 (Australia) (as amended) or the Fair Trading Act 1986 (NZ) (as amended); and
6. does not contain anything which may give rise to any cause of action by a third party against ACP, including without limitation material which is defamatory or obscene or which otherwise causes injury or damage to any person.

9. INDEMNITY

9.1 Advertisers indemnifies ACP, it's employees, agents and affiliates, and their employees and agents against any action, claim, loss or expense arising from publication of Copy or cancellation or failure to publish and Copy and all costs, losses and expenses suffered or incurred by ACP, its employees, agents and affiliates, and their employees and agents as a result of any breach by a Advertiser of these conditions or any agreement between the Advertiser and ACP.

10. LIABILITY

10.1 ACP will not be liable under these conditions or otherwise in law and the Advertiser acknowledges that ACP excludes liability under these conditions and in law for any indirect, special, economic or consequential loss or damage suffered or incurred by The Advertiser or loss of revenue, profits, goodwill, data or opportunities or loss of anticipated savings whether caused by negligence or otherwise and whether or not ACP was aware or should have been aware of the possibility of such damage.

10.2 To the extent permitted by law, all other representations, conditions or warranties, whether based is statute, common law or otherwise, are excluded. Liability of ACP for any breach of a term or condition implied by law is limited, at ACP's option to the supply of any service again or the payment for the cost of having any service supplied again.

11. GENERAL

11.1 These conditions and any agreement between the Advertiser and ACP will be governed by New South Wales law and each party submits to the jurisdiction of courts exercising jurisdiction in that State.

1. SPECIFICATIONS

1.1 Copy must conform to ACP's standard advertising layouts. Copies of layouts are available on request.

1.2 Notwithstanding clause 1.1, ACP may in its discretion accept Copy which does not comply with Layout Specifications provided that the Dealer provides ACP with final electronic files to ACP specifications or that the dealer agrees to pay production charges as may be levied by ACP.

2. LODGEMENT OF COPY

2.1 Dealer must comply with Copy lodgement deadlines as specified on applicable Rate Cards, desk pads and deadline cards or as specified or amended from time to time by ACP.

2.2 ACP is under no obligation to publish Copy if it is received after the specified deadline.

2.3 All Copy and electronic files lodged becomes the property of ACP upon lodgement.

2.4 If requested, at the time of lodgement and subject to clause 2.5 Copy will be returned by standard post subject to printing and publishing schedules.

2.5 No responsibility is taken for material lost or damaged during the production, printing, or return process.

3. POSITIONING

3.1 Subject to clause 3.2, Dealer advertising positions will be randomly rotated throughout the magazine on an issue by issue basis.

3.2 Dealer Copy received and booked by the material deadline will be published as close as possible, subject to pagination constraints to the numerical order according to an allocated Dealer order number in Trade-A-Boat, Deals On Wheels, Earthmovers & Excavators, Plant & Equipment and 4x4 trader, material received after the deadline will run at random after the on time advertisements

3.3 No financial compensation will be offered for the incorrect dealer positioning or the running order of multiple pages.

4. INDEX LISTING

4.1 Index listings are provided as a service to readers and only the advertisers billing name will be listed

4.2 The index does not constitute part of an advertisement and a incorrect listings not cause for compensation.

5. ADVERTISING CONTENT (S)

5.1 ACP Action reserves the right to omit copy or part of Copy which ACP may in its discretion consider to be commercially detrimental to its business or offensive or misleading in any way.

5.2 Dealer rate copy must include a Dealer's name, address, telephone number and be retailing specific used or pre-owned items for sale to the general public with a retail price.

5.3 Without limiting the generality of clause 6.1 & 6.2, ACP reserves the discretion to not publish any Copy which does not include the street address of the Dealer.

5.4 Not-withstanding clause 6.2, ACP may in its discretion accept copy that does not meet the used or pre-owned criteria.

5.5 ACP reserves the right to alter the order, layout or size of photos and text, or abbreviate text to facilitate the positioning of Copy on an individual page or pages.

5.6 Advertising copy for registrable vehicles must include the cash price, registration numbers or other VIN numbers when required by Australian or State Government Laws & Regulations.

5.7 All prices displayed on Advertising copy must include any GST applicable or specify the GST component in accordance with Australian Government legislation.

6. ERROR CHECKS

6.1 For advertising material received and booked by the material deadline ACP will attempt to provide an email link to a low resolution PDF version of each advert.

6.2 If no response is received by the error check deadline ACP will assume the advert is correct and will run and invoice according to the booking confirmation.

6.3 ACP will not provide proofs prior to publication unless special arrangements are agreed to.

7. PRODUCTION/LAYOUT ERRORS

7.1 Notwithstanding any other provision in these conditions, ACP will only offer financial compensation for production and publication errors that completely negate the sale of the individual items advertised.

7.2 In the event that compensation is offered by ACP, the amount of compensation payable is limited to the percentage cost based on the number of items advertised on the individual page affected or to the cost of republishing the affected copy.

7.3 Without limiting the generality of clause 7.1, compensation will not be offered in respect to minor heading or logo mistakes that do not directly effect the sale of the items being advertised, missed adverts, or incorrect positioning requests, positioning of multiple pages, layout request, or poor photo quality from brochures, or low quality /resolution pictures.

7.4 Financial compensation will not be offered for recurring errors unless the ACP is notified prior to subsequent deadlines.

7.5 Claims for financial compensation will only be accepted within 30 Days of the magazines on sale date for errors and 30 days from the invoice date for invoicing errors.

8. COMPLIMENTARY MAGAZINE

8.1 ACP will endeavour to provide the advertiser with a single complimentary copy by standard mail of the publication in which the advertising appears (minimum full page advert.

8.2 ACP makes no guarantees in respect to whether or not the complimentary or subscription copies of the magazine will be received prior to or subsequent to the on-sale date.

8.3 Additional copies of publication may be purchased from ACP, subject to availability. ACP may in its discretion offer discounted subscription rates in respect to such purchases.

These terms & conditions and copy lodgement requirements, warranties and indemnities are effective from 20/04/07 and supersede all previous terms & conditions from this date.

DEFINITIONS

ACP means ACP MAGAZINES PTY LTD - Trader Classifieds Division ABN 18 053 273 546
Dealermeans an advertiser whose copy qualifies for the Dealer advertising rate and includes an Advertising agency lodging on behalf of a dealer.
The Dealer advertising rate, is a discounted rate available to approved dealers & brokers who are advertising used items for sale to the public and where the adverts layout that complies with specific standard and approved layouts and include a retail price.
Booking means allocation of advertising space for publication of Copy, as identified in a confirmation advice. Booking deadlines means the dates applicable to an individual ACP publication as specified by ACP from time to time, but for dealer rate advertising it is generally 5pm on the day of the dealer material deadline, for all other advertising the booking & cancellation date is as published on the rate card current at the time of publication..
Confirmation Advice means written details of the booking containing such information as is specified by ACP from time to time.
Copy means advertising material and any promotional or other material provided to ACP, including inserts, band-ons, business reply paid cards, tip-ons, samples and scents.
Error check means an emailed link to an electronic version of a dealers advert