General Terms of Sale
These General Terms of Sale apply to the hire of advertising space from Bauer Media Outdoor Norway AS, company reg. no. 976 227 891 (hereinafter “BMO”), and related services. BMO reserves the right to change the General Terms of Sale from time to time. It is possible to access the latest version of these General Terms of Sale at any time via BMO’s website, www.bauermediaoutdoor.com/no.
1 Booking advertising space
A. Booking and offer
Advertising space shall be booked in writing by an adviser, broker or advertising agency (hereinafter “the Client”). A booking is binding when BMO has sent a written order confirmation to the Client. The Client must send any objections to the order confirmation within 8 days of the order confirmation being sent. The order confirmation shall include details of the product group, number of objects, format, campaign period and price.
BMO guarantees delivery of offered product promises as follows:
BMO guarantees delivery of offered VAC contacts with at least 95% (VAC calculations carried out in compliance with the Outdoor Impact standard). In digital campaigns, VAC is based on a spot length of 10 seconds. In cases where VAC contacts are not applicable, BMO instead guarantees delivery of the number of offered panels with at least 95%. In digital filler campaigns, BMO guarantees delivery of the number of offered plays with at least 95%.
B. Cancellation
The Client is entitled to cancel the advertising space on the following terms:
• The cancellation must be made in writing and shall be considered to have taken effect on the date of receipt by BMO.
• The cancellation must be made at least 8 weeks before the start of the campaign period for all analogue products, and 6 weeks before the start of the campaign period for all digital campaigns.
• As regards marketplaces / Create Engage locations at airports, the cancellation must be made at least 12 weeks before the start of the campaign period.
• If the booking applies to several campaign periods, the cancellation must be made no later than 8 weeks – or 12 weeks for Marketplaces / Create Engage locations at airports – before the start of the first campaign period
• For campaigns running during the period of weeks 27 to 34, cancellations must be made before week 21.
If the cancellation is made after the time stated in the previous section, the Client shall pay full compensation corresponding to the total price agreed for the campaign stated in the written order confirmation sent. BMO shall be entitled to invoice the Client when the cancellation has taken place.
C. Reservations
Unless otherwise stated in the offer, BMO’s offer is made subject to reservations for stock availability.
The agreed price is subject to reservations regarding changes to applicable legislation on taxes and charges associated with the sale and/or delivery of outdoor/outdoor advertising.
2 Supply of material
A. Client’s responsibility
The Client is responsible for visiting www.bauermediaoutdoor.com/no and navigating to the chosen product(s) and their respective delivery specification as issued by BMO.
The Client is responsible for ensuring that all placards, adverts, other advertising material and requisite inserts (“Campaign Materials”) fulfil the requirements stated in the relevant, valid delivery specifications issued by BMO.
If the Client intends to advertise with another brand or brand owner, known as “co-branding”, BMO must be notified of this no later than 4 weeks before the start of the campaign to ensure delivery of the booked campaign.
B. Delivery of materials
Campaign Materials shall be delivered by the Client; this is not included in the price unless otherwise expressly stated in the order confirmation.
The Client shall provide clear instructions (illustrations) on how the Campaign Materials are to be posted. Adverts and posting instructions shall be sent by email to campaignmanagement-no@bauermediaoutdoor.com before the campaign goes to print, but no later than 14 days before the campaign period starts.
Unless otherwise agreed, Campaign Materials shall be delivered to the address stated in the relevant delivery specification at the Client’s expense. Special, non-standardised terms may apply to different products.
Delivery shall take place no later than the deadline stated in the relevant delivery specification.
C. Reserve supplies
For Campaign Materials which are to be displayed for a period of up to 14 days or less, the Client shall, over and above the booked net supply, provide a 20% reserve supply of the net supply to facilitate maintenance of the material.
For campaign periods longer than 14 days, the Client shall provide whichever reserve supply BMO may reasonably request.
For transit advertising, both stationary and mobile, the Client shall state the reserve supply specified by BMO in the order confirmation. All surplus Campaign Materials will be disposed of by BMO at the end of the campaign period unless, no later than the start of the campaign period, the Client has requested that the material be returned. If the Campaign Material is not collected by the Client within one week of the end of the campaign period, BMO will be entitled to dispose of the material irrespective of whether the Client has requested its return.
D. Undelivered material or delayed delivery
If the Client does not deliver the material by the specific deadline stated, BMO reserves the right to levy a penalty charge. The penalty charge will correspond to the costs arising as a consequence of the delay, including but not limited to extra workforce, loss of production time, extra shipping costs and other direct or indirect costs.
BMO is entitled to payment within the agreed time even if the Client does not deliver the Campaign Material or if it is delivered late.
E. Printing through BMO
If the Client has chosen to print Campaign Material through BMO, BMO shall ensure that delivery takes place on time and at the right quality, provided the Client has supplied print-ready originals in accordance with the delivery specification within the agreed time. Such material must be delivered no later than 10 working days before the start of the campaign period, which normally takes place on Monday at 08.00. Invoicing will take place in accordance with Section 7, and as a rule the charge shall be invoiced together with the media cost unless otherwise agreed.
If for any reason it is decided that the campaign shall not be implemented after the Campaign Material has already been produced, the Client will be invoiced for the production costs.
3 Posting of material, etc.
A. Times for publication, etc.
The posting of Campaign Materials shall be arranged by BMO. The total price for a campaign period includes an introductory pasting or posting unless otherwise stated in the order confirmation. If the Client requests reloading, additional pasting or reposting for a reason other than fault in the posting, BMO will be entitled to payment for such work in compliance with BMO’s valid pricelist.
The posting of Campaign Materials starts no earlier than Sunday at 18.00 and is completed no later than Tuesday at 23.59.
If extreme weather conditions make it impossible to post or paste (all formats) at the time stated, BMO will be entitled to temporarily suspend the posting of these items and continue as soon as the weather permits, without this leading to a reduction in price.
The Client accepts that for foil products on vehicles, BMO is highly dependent on external factors such as weather, vehicle availability and access to workshop space. As a result, completion times may change slightly.
B. Delayed delivery of Campaign Materials
If the Client delivers Campaign Materials to BMO later than 5 working days before the start of the campaign period (which normally means Friday at 09.00) or later than another agreed delivery date, BMO shall not be responsible for ensuring that publication takes place in compliance with the original timetable. In the event of such a delay on the part of the Client, publication will take place as soon as possible. If extra costs arise in connection with such delayed posting, BMO will be entitled to charge the Client separately for these costs. The minimum amount charged is NOK 10 000.
C. Cost for non-standard posting
Should the Campaign Material be of a format and/or quality which does not conform to the delivery specifications or other provisions issued by BMO, the Client will be charged separately for any additional costs caused by non-standard material in connection with the publication thereof.
D. Number of unique motifs
Classic formats
The total price for a campaign period where the campaign includes up to six (6) unique motifs includes an introductory pasting or posting where each individual motif is posted in no specific order.
The following additional costs in accordance with BMO’s valid pricelist will be paid for non-standard postings:
• If each individual motif is displayed in no specific order but the campaign includes between seven (7) and twelve (12) motifs, one (1) extra posting fee is payable.
• If the posting of a motif is address-specific and the campaign includes up to six (6) motifs, one (1) extra posting fee is payable.
• If the posting of a motif is address-specific and the campaign includes between seven (7) and twelve (12) motifs, two and a half (2.5) extra posting fees are payable.
• Additional fees for campaigns where the number of unique motifs exceeds twelve (12) are stated separately by BMO.
Digital formats
The total price for a digital campaign includes up to ten (10) unique motifs. BMO reserves the right to charge an additional fee when the number of unique motifs exceeds ten (10).
E. Responsibility for incorrect posting
If BMO does not post the Client’s Campaign Material or posts it incorrectly, the Client shall be entitled to reasonable compensation. The Client shall be compensated by receiving advertising space with BMO to a maximum value corresponding to that which the Client has paid for the incorrect items during the campaign period. Compensation shall not be paid in cases where the advertising space is not illuminated because it is not equipped with lighting, or where the lighting is temporarily not functioning for reasons beyond BMO’s control, such as due to a power cut or the excavation of a cable during road works.
F. Pasted metro cars
BMO does not guarantee that pasted metro cars will be in operation every day during the campaign period. If a pasted transport is taken out of operation, the Client will receive compensation in the form of an extension of the campaign period corresponding to the number of days for which the relevant transport was not in operation.
G. Advertising for competitors
The Client accepts that advertising material for competitors of the Client may be displayed in advertising space at the side of the advertising space booked by the Client.
H. Post-over/reposting after the campaign period
Post-over/reposting normally takes place following the end of the campaign period. If the parties have agreed that post-over/reposting shall begin immediately after the campaign period has finished, BMO is obliged to ensure that this is done. Any such agreement must be entered into in writing no later than 6 weeks before the campaign starts. If the agreement is reached later than 6 weeks before the campaign starts, the Client will be charged an extra posting fee.
I. Rearrangement of advertising objects
BMO reserves the right to rearrange advertising objects which are included in a booked product between the booking date and the start of the campaign period. Any such rearrangement of advertising objects may involve changes with regard to individual advertising objects, but will not affect the fulfilment of the delivery of the booked product as a whole. BMO reserves the right to make changes to the number of advertising objects up until the start of the campaign period. The agreed price applies even if the advertising objects have been rearranged and even if the number of objects varies by up to 5% during the campaign period.
J. Information on booked advertising space
At the Client’s request, BMO will provide a list of addresses or another record of the advertising spaces booked for the campaign. Any such list or record shall be provided no earlier than 14 days before the campaign starts. Rearrangements or amendments to the number of advertising objects described in section H may also take place after the Client has received the list of addresses.
4 Care and maintenance
BMO is responsible for ensuring that the Campaign Material is kept neat and tidy by using reserve supplies offered to replace or repair damaged placards or panels as soon as possible. Where advertising panels are hired for the long term, the Client will be informed if the need for maintenance or replacement arises. BMO is not responsible for delays to the replacement of damaged placards or panels caused by circumstances beyond BMO’s control.
If BMO does not fulfil its obligations in accordance with this Section, the Client shall be entitled to reasonable compensation for the resulting error. The Client’s only compensation shall be the receipt of advertising space with BMO to a maximum value corresponding to that paid by the Client for the incorrect objects during the campaign period.
5 Client’s responsibility for the content of Campaign Material
The Client’s Campaign Material and the message therein must not contravene Norwegian Law, The International Chamber of Commerce’s Consolidated Code of Advertising and Marketing Communication Practice or other applicable rules and regulations. Such applicable rules may include local regulations. BMO is entitled to examine the Campaign Material in advance. If the Campaign Material is considered to contravene the above regulations or may in some other way be seen to be unethical or not in compliance with good marketing practice, BMO shall be entitled to refuse to post or display it.
If the Client knows or suspects that the content of the Campaign Material, through either text or image, may be perceived as provocative, the Client shall contact BMO by email at campaignmanagement-no@bauermediaoutdoor.com for a discussion at least 3 weeks before the campaign period starts. The Client shall compensate BMO for all costs, claims and other costs which may be incurred by BMO as a result of the infringement of applicable laws or regulations or infringement of a third party’s rights by the Client’s Campaign Materials. The Client’s obligation in accordance with this regulation applies even if the Campaign Material has been examined in advance by BMO without any objections having been raised.
If the booked advertising space cannot be used by the Client as a result of the Client’s failure to comply with laws and regulations which apply to the content of the advertising, BMO shall still be entitled to full payment for the advertising space. If illustrations of the Campaign Material are not sent for approval before the campaign period, BMO cannot guarantee that the Campaign Material will be posted or displayed.
6 Limitation of liability
BMO’s liability for errors in connection with posting, etc. is regulated under the relevant points in these terms. In all other respects, BMO may be held liable for direct losses only to an amount which corresponds to the agreed compensation for the relevant hire agreement or the service. Indirect losses such as loss of service, consequential losses or similar are not eligible for compensation unless the loss has arisen as a result of gross negligence or wilful action on the part of BMO.
BMO is discharged from liability for any claims and other sanctions if the fulfilment of its agreed obligations is prevented or complicated by an obstacle beyond the control of BMO, such as strike, lockout, extreme weather conditions, loss of power or raw materials, authority action or other similar circumstances.
If the Client wishes to bring a claim for any error in connection with the hire of advertising space and related services, the Client shall inform BMO of this without delay. The Client cannot invoke errors more than 30 days after the end of the campaign period to which the error applies.
7 Payment
Invoicing will take place in advance of the campaign period. Several companies in the BMO Group may have rights to advertising space, and BMO reserves the right to allow partial invoicing of remuneration from different subsidiaries in the BMO Group.
Payment will need to have been received by BMO no later than 15 days after the invoice date. This applies also to advertising space which is booked for the long term. If payment is delayed, penalty interest will accrue in accordance with Act no. 100 of 17 December 1976 relating to interest on overdue payments, etc.
The Client is aware that, in certain cases, BMO is obliged to pay certain special compensation to media agencies in compliance with applicable market standards. You can find more information on this in BMO’s information on compensation for media agencies, available at www.bauermediaoutdoor.com/no. The Client accepts that all involved parties (including advisers, media agencies, advertising agencies, etc.) are aware of the price and discount structures in the media and outdoor market.
8 Miscellaneous
A. Photographs
BMO is entitled to photograph and store data images of Campaign Materials. BMO is entitled to display the images in connection with for example, but not exclusively, reporting of survey results in its own brochures, etc., as well as at internal and external meetings at which outdoor media are discussed and marketed. This usage includes posting images on the Internet. BMO is also entitled to supply these images to research institutions for use in connection with reports on advertising surveys carried out by these institutes.
What is photographed?
• 2 images per format (2 locations).
• 2 images per motif (2 locations).
• Address-specific campaigns on Adshel - 2 images.
• Create Adshel - 2 images.
• Only campaigns in Oslo will be photographed. Locations beyond this must be agreed from case to case. The same applies to premium images/case films.
What is not photographed?
• Digital Flex campaigns. Regular digital campaigns are still photographed in accordance with the above specifications. (Because the time the photographers use to take Flex campaign images increases from 2 to 3.5 days, we have chosen not to photograph Flex campaigns.)
• Campaigns not in Oslo.
• During the second week of the campaign period, no images are taken of the campaign.
B. Ownership and property rights of the advertising objects
The screens and other surfaces on which the Campaign Material is displayed shall remain the sole property of BMO at all times. Apart from BMO’s obligations to display the Campaign Material as stated in these terms, the Client has no right at all to approve or control the form or the content of any other advertising content or material on the screens or other property belonging to BMO.
C. Anti-bribery and corruption
The Client shall comply with all applicable laws, statutes, regulations and codes linked to anti-bribery and anti-corruption, including but not limited to local bribery legislation. BMO may cancel or terminate any agreement with the Client immediately by giving the Client notice in writing if the Client is, or BMO reasonably suspects that the Client is, contravening this clause.
D. Economic sanctions
The Client guarantees that it is complying with all laws administered by any national or international entity which imposes economic sanctions and trade embargoes applicable to these terms and conditions (“economic sanction laws”) on the designated country (“country under embargo”), regimes, entities and persons (collectively referred to as “embargoed targets”). Furthermore, the Client guarantees that they are not an embargoed target or in any other way subject to any economic sanction law.
The Client shall comply with all economic sanction laws. Any infringement of the economic sanction laws, including if the Client becomes an embargoed target, is a material breach of these terms and constitutes grounds for immediate termination by BMO. None of the parties shall be liable for ceasing to fulfil their obligations in these terms and conditions, including making payments, if fulfilling them were to constitute a breach of applicable economic sanction laws.
E. A third party’s terms and conditions
The Client is aware of and accepts that the following BMO obligations may be affected by a third party’s terms and conditions which are imposed in relevant hire agreements or lease agreements , licences, permits and other similar underlying agreements and rights held by BMO, as well as by applicable local rules, laws and regulations.
9 Termination
BMO can terminate any agreement with the Client immediately if BMO is required to do so in accordance with any agreements it has with landlords, lease partners or another third party.
10 Disputes
Any dispute, controversy or claim arising as a consequence of or associated with the hire of advertising space and delivery of related services in accordance with these General Terms of Sale shall be referred to Oslo Conciliation Board, with Oslo City Court as the legal venue. Norwegian Law shall apply to the dispute and the case proceedings.