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1 Scope of Application
Offers and services are provided on the basis of these General Terms
and Conditions as amended from time to time. In issuing a contract the
Client recognises and accepts these General Terms and Conditions. Other
General Terms and Conditions do not apply unless language expertise has
agreed to them in writing. These General Terms and Conditions apply to
collective business transactions between language expertise and the
Client.
2 Differing Provisions
Departures from these conditions, changes or supplementary agreements
must be confirmed in writing by language expertise. This applies equally
to the General Terms and Conditions of the Client.
3 Placing an Order, Client's Obligations
The Client shall place an order for services via email, post or
telephone. The consequences of shortcomings or delays which result from an
unclear, incorrect or incomplete formulation of the assignment on the part
of the Client are to be borne by the Client.
The Client has an obligation to co-operate thoroughly. Orders are to
include the Client's stipulations in respect of the subject area and the
intended purpose of the text, particular special wishes in respect of
terminology, and in respect of layout (external appearance of the
translation, storage on specific media etc). In the case of complex
specialist translations the Client is obliged to co-operate in the
clarification of corresponding specialist terminology and additional
queries regarding the subject matter and the format (as a point of contact).
Supporting information material and documents necessary for the execution
of the assignment are to be made available, unprompted, to language
expertise by the Client with the order placement.
4 Execution of Orders, Delivery Periods
The translation shall be completed to the best the knowledge and
ability on part of language expertise. Should supplementary information or
special stipulations not be provided by the Client, then technical terms
will be translated in accordance with general usage and so as to be
generally comprehensible. In case the intended meaning of a word which has
more than one possible meaning can only be inferred from the internal
context of the text, then the consequences of translation errors are to be
borne by the Client, if he/she has not provided language expertise with
the accompanying information material required for performing the
translation. Delivery deadlines are provided to the best of knowledge and
ability on part of language expertise, and can only ever be estimated
deadlines that are not formally binding. The translation shall be sent to
the Client at his discretion by email, fax or post. Language expertise
shall not bear responsibility for damages which occur in transit.
5 Offer and Prices
All offers and prices are non-binding. The prices are given in Euro,
unless another currency has been agreed upon. All prices listed in the
offers are net prices and do not include Value Added Tax.
6 Terms of
Payment
If not agreed upon differently, payment in full is to be effected
immediately after the handing over of the order, yet 14 days from the date
of invoice by money transfer, cheque or cash. If payment has become due,
the Client gets in default without prior notice. In case the Client is in
arrears with payments of the business connection or unworthy of credit in
any way, delivery of an order is only made after advance payment and
outstanding arrears fall due immediately.
7 Correction of Errors, Liability
Language expertise is to be notified of errors in writing. Language
expertise is entitled and obliged to remove notified errors in the
translation. The Client can set language expertise a reasonable time limit
within which the notified error is to be resolved, and can refuse to
accept the removal of the error after the end of the time limit. After the
period of notice has elapsed the Client is entitled to either rescind the
contract or demand a reduction in the fees payable. There shall be no
liability for defects arising from the breach of duties of cooperation of
the Client or which are caused by erroneous, incomplete, terminologically
incorrect or poorly legible translation documents. Liability in this case
is limited to typically arising, foreseeable damages and is limited to the
amount of the contract volume of the translation or the relevant other
work. Language expertise shall only be liable for deliberate acts and
gross negligence.
8 Force Majeure, Rescission
Language expertise shall not be liable for damages that arise from
force majeure (natural disasters, power failure, computer viruses, traffic
congestion, among others). In this case, language expertise has the right
to withdraw from the contract or to request a reasonable grace period from
the Client for the performance of the contract. Any claims for damages are
excluded in this case. Before the completion of the translation, the
Client is only entitled to rescind the contract for good reason. The
rescission is only valid in written form. In case the Client rescinds the
contract, language expertise is entitled to invoice the agreed
remuneration.
9 Reservation of Title
Language expertise is the owner in respect of the translated material
until payment has been made in full. With the complete payment of the
remuneration, the Client acquires the right of use for the translation.
10 Confidentiality
Language expertise agrees to maintain secrecy in regards to the
content of the documents to be translated, in regards to the informational
material provided to him/her on the occasion of the performance of the
contract as well as in regards to all facts disclosed in connection with
the business relationship.
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