A Definitions and Acceptance of the Terms and Conditions

1. Fisher Scientific (“FS”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to the purchase of the following through media.fishersci.eu (the “Web Shop”):

• advertisements in campaigns and Publications that are marketed to our customers (“Inserts”),
• online advertisements on eu.fishersci.com domains (the “Website”)

(together “Advertisements”).

3. By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.

B Content and Delivery of Advertisements

4. Materials for any Advertisement (whether print or digital) must adhere to FS’s technical specifications and be delivered to FS within the applicable timeframes. When FS builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements set out by FS.
5. FS may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. FS may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Publications or the Website. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by FS does not mean that FS accepts the Advertisement has been provided in accordance with these Terms or that FS has waived its rights under these Terms.
7. The Advertiser guarantees to FS that:

• any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;

• it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
• the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice, are not libelous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);

• the Advertisement will not be prejudicial to the image or reputation of FS or the Website or the Publications, and will not contain anything with FS in good faith considers to be offensive or otherwise inappropriate;

• all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website.

8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the advertiser of a product or service to place the Advertisement with FS and the Advertiser will compensate FS for any claim made by such advertiser against FS.

C Payment

9. All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the Web Shop on the date of publication. FS may change its rates at any time by publishing the modified rates. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
10. All sums payable to FS should be due within 30 days of date of invoice.

D Online Advertisements

11. The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by FS’s applicable third party provider will be final and binding.
12. FS cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period is more than 10% less than the number of impressions expected by the Advertiser, FS shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified FS in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. FS will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, FS will not be liable unless such over-delivery arises due to FS’s act or omissions.
13. FS agrees that all Advertisements will be targeted at individuals in Europe unless otherwise agreed in writing between the parties at the time of booking.
14. The Advertiser guarantees to FS that any Advertisement will not be linked to a landing page and/or destination outside of the eu.fishersci.com platforms.
15. In the event advertising copy is not ready at publication, due to late submission from the Advertiser FS has the right to remove the Advertisement with no reduction in the fee payable.

E Brand Safety

16. FS will manual review all Advertisements that are booked and make sure that they align with FS brand guidelines. Advertisements not aligned with the guidelines will be pushed back to the Advertiser to make the necessary adjustments.
17. The Advertiser may implement its own brand safety measures and site filters in addition to the default brand safety measures provided by FS. Any such additional brand safety measures and filters implemented by the Advertiser shall operate by blocking the relevant Advertisement from appearing on the relevant site after it has been served by FS and will therefore not affect the number of impressions deemed to have been served in any campaign period.
18. If an Advertisement booked through Web Shop is published on a site which the Advertiser reasonably believes to be unsuitable or an Advertisement appears on the Website in a manner which the Advertiser reasonably believes to be unsuitable, the Advertiser may notify FS and FS will, as the Advertiser’s sole remedy, remove the Advertisement from the site as soon as reasonably practicable.

F Liability of FS

19. FS accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to FS or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to FS.
20. FS shall use its reasonable endeavors to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
21. FS cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of FS. However, FS will use reasonable efforts to comply with the wishes of the Advertiser.
22. If a booked Advertisement is not published at all solely due to a mistake on FS’s part, FS will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original order will be cancelled. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
23. If the Advertisement as reproduced by FS contains a substantial error solely due to a mistake on FS’s part, FS shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. FS shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform FS of any errors at the time of proof-reading and approving the Advertisement.
24. FS shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by FS and the Advertiser, and FS’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
25. In respect of Advertisements on the Website, FS does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this.

G Liability of the Advertiser

26. The Advertiser will fully indemnify FS from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by FS in accordance with these Terms.

H Rights

27. FS owns the copyright in all Advertisements written or designed by it or on its behalf.
28. The Advertiser grants FS the right (free of charge) to:

• use such of the Advertiser’s names, trade marks and/or logos as FS may consider necessary for the purposes of publishing the Advertisements;
• reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Publications for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Publication will be subject to variation at FS’s sole discretion.

I Cancellation policy

29. The cancellation period for an Advertisement varies according to the publication. The Advertiser may cancel an Advertisement provided that notice in writing is received by FS within the relevant cancellation period not less than 30 days before any given content deadline. Please send notice of your intention to cancel to media.sales@thermofisher.com together with the order number. Cancellation will only be effective on confirmation of receipt of your notice.
30. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, FS will treat the order as cancelled.