National paper cock-up on advert

[smo]

We have placed a series of reader adverts in a national paper for the saturday edition.

This is something we have done for nearly 18 years, until 2 years ago when they charged us the earth then stuffed up the placement meaning less than afwul response rate.

After much negotiating we returned to advertising with them, with a guarenteed RHP, OE, Front half, specified section series of adverts - all was good until yesterday, the first ad of the series and its in the wrong place!It was in the correct section, it was OE and it was front half, but it wasnt RHP, it was LHP meaning it wont be noticed and we are p***ing money down the drain.

Do we have any redress against them as they didnt meet the agreed criteria?

 

[Kernowman]

Of course you do. Ring them up first thing tomorrow and give them some stick.

 

[smo]

What can i reasonably expect them to do?? Last time we got little more than an oops, let alone a sorry or our money back!We book through a media buyer too, although we deal direct with the paper after that.

 

[Kernowman]

It really is for you to quantify how much damage you think it has done and make it known to them.

If you have paid top dollar for the top spot then a 50% rebate or credit off your next advert is well warranted.

 

[smo]

I can only try!I dont like my chances although they breached the agreed contract terms so at least that is on my side!

 

[Minuteman Press]

Next advert free. 30 - 50% off the following one.

This will compensate for the breach of contract and loss of income.

This is on the basis that all you have agreed with the supplier is specific and in writing.

 

[Frankus]

You would think that having a contract with the paper would be all good and you'll get somewhere if you complain and point of their responsibility in black and white, wouldn't you?

I bet, though, that they have a clause in their T&Cs:

'Whilst we will endeavour to comply precisely to our clients requirements, certain aspects cannot be guaranteed and the client fully accepts this and any alteration in any aspect of...blah blah blah...'

and you'll get the 'Oops, sorry...' speech again. Someone will have come in and paid more for the slot you wanted.

 

[MASSEY]

It happens to me with the smaller papers on occassions. I just tell them im not paying it was not on the page i wanted and was a waste of money and if they have a problem put who ever is in charge on the phone. They just let me have it for free.

If they have not placed it where you originally agreed then you want it for free not a discount, it was a waste of your money.

 

[smo]

Being probably the biggest paper, if not second biggest turning around and saying "i'm not paying" doesnt work.

We are in discussions this mornging but so far all ive had is offers of reduced rates for future ad.......i dont think so!

 

[Be Known PR]

Can your media buyer go back to them? If you are using a decent sized agency to buy your space for you then they will hold more sway over the paper and have better developed working relationships with the paper.

 

[smo]

I am negotiating through our media buyer.

 

[LicensedToTrade]

You would think that having a contract with the paper would be all good and you'll get somewhere if you complain and point of their responsibility in black and white, wouldn't you?

I bet, though, that they have a clause in their T&Cs:

'Whilst we will endeavour to comply precisely to our clients requirements, certain aspects cannot be guaranteed and the client fully accepts this and any alteration in any aspect of...blah blah blah...'

and you'll get the 'Oops, sorry...' speech again. Someone will have come in and paid more for the slot you wanted.

Generally speaking, T&Cs aren't worth the paper they are written on (no pun intended). I can open a website and set up some T&Cs that state that the buyer accepts that no returns will be accepted regardless of the condition in which they arrive. Fortunately for the buyer, consumer laws still override these T&Cs.

You ordered a very specific service and they took your money without providing this service. A full and fast refund is well within your rights, regardless of their T&Cs.

A full refund is the absolute minimum you are entitled to. After that is about how much you want to push your luck. Yes you could demand that your next ad is free or reduced and they might tell you to whistle. At this point if you wanted some compensation for loss of income or damage to your reputation it would require solicitors to be involved and I'm sure that isn't what you want.

 

[Pressman]

I worked in national newspapers for years and so I'm not one bit surprised they messed up. You definitely need to demand a free advert.

 

[smo]

We are working on a variety of solutions and have put them through to the paper....awaiting responses now!!