General Standard Terms and Conditions
1. General
These General Standard Terms and Conditions (GSTC) are applicable to all business transactions with our clients. The GSTC are accepted by the client when placing his order and are effective for the entire term of our business relations. Accordingly, they also apply to future business transactions.
General terms and conditions of the client shall only be binding on us provided we have expressly accepted them.
2. Order placement
The client places the translation orders in electronic or other form. In the interests of smooth cooperation, orders are also acceped by telephone or other informal means. However, any resultant problems shall be at the expense of the client.
The client informs us of the target language of the text and, if applicable, any special wishes regarding terminology. In addition, he can inform us of the purpose for which the translation is intended. This is particularly important if the translated text is intended for publication or printing.
The client can chose between several different file formats for the translation.
We shall not be liable for delays or defective performance that arise from an order that is lacking in clarity, is incorrect or incomplete.
3. Performance by third parties
We are allowed to use the services of third parties for the performance of all business transactions insofar as we deem this to be expedient or necessary. In that connection we are liable only for careful selection of such third parties. The duty to exercise due care in selection is at all events deemed to have been satisfied when the third party who has been assigned the order is a sworn translator/interpreter for the relevant language. Contact between the client and a third party assigned by us is only allowed with our consent. Basically, business relations exist only between the client and ourselves.
4. Prices
All quotations and prices are without engagement. Unless agreed otherwise, the prices are understood to be in EURO. In the case of large-scale orders, a downpayment or payment in instalments in line with the completed text volume may be demanded. All prices given in our quotations are net prices excluding value-added tax.
5. Delivery dates
Delivery dates are quoted to the best of our knowledge and belief. They can only ever be estimated dates.
Delivery shall be deemed as made when the translation has been sent off to the client.
6. Interruption of operations, force majeure, closing down and reduction of operations, network and server errors, viruses
We shall not be liable for damage arising from interruption of our operations, in particular due to force majeure, e.g. acts of God and interruption of traffic, network and server errors, any other line faults and interference in transmission and other hindrances over which we have no control. In such exceptional circumstances we are entitled to withdraw from the contract in whole or in part. The same applies if, for cause, we completely or partially discontinue or restrict operations, in particular our online service, for a certain time.
Equally, we shall not be liable for damage caused by viruses. Where datafiles are delivered by e-mail, remote data transmission (modem) or any other form of teletransmission, the client is responsible for finally checking the transmitted files and texts. Any and all claims for damage in this respect cannot be accepted.
7. Liability
If no special agreements have been made concerning the required quality of the translation or no specific requirements are evident from the type of the order, we shall, to the best of our knowledge and belief, provide a complete and grammatically correct translation that is faithful to the sense or meaning of the original text for the purpose of information.
If the client does not raise any objections immediately in writing , at the latest however within 5 days (date received at our offices), the translation is deemed as approved. In such cases, the client shall waive all claims to which he may be entitled owing to possible defects in the translation.
If the client lodges a complaint in respect of an actually existing and not just irrelevant defect within this period of 5 days, such defect shall be described as accurately as possible, and we shall first of all be given the opportunity to remedy it. This also applies to rush orders with a very short time of delivery. If a defect provably fails to be remedied, the client has the right to claim a reduction in price or to cancel the contract. Any and all further claims, including claims for damages owing to non-performance, are excluded. In all cases our liability is limited in terms of amount to the value of the order concerned.
In every case we are liable only for damage caused with intent or by gross negligence; our liability in the case of slight negligence shall only arise if we fail to comply with salient contractual obligations. Liability to recourse in the event of third-party claims for damages is expressly excluded.
We shall not be liable for errors in translation caused by the client due to incorrect and/or incomplete information and documents, or to information and/or documents not made available in due time, or due to source texts that contain mistakes or are illegible (or partially illegible).
If the client does not specify the intended purpose of the translation, particularly if it is to be used for publication or advertising purposes, he cannot claim compensation for any damage or loss sustained due to the fact that the text proves to be unsuitable for the intended purpose or, as the case may be, that due to poor adaptation the publication or the advertising text has to be redone or is likely to damage the company´s reputation or cause loss of image.
Should the client fail to specify that the translation is intended for printing or should he fail to send us a galley proof prior to the press date and allow the translation to be printed without our release, the costs arising from any defect shall be borne in full by the client.
If by virtue of a translation a claim is raised against us owing to infringement of copyright, or claims are asserted by third parties, the client shall indemnify us against all liability.
8. Delay in delivery, impossibility, termination of contract
The client is only entitled to terminate the contract in the case of delay in performance for which we are responsible, and in the case of impossibility of performance, if the delivery deadline has been exceeded by an unreasonably long time and he has in writing fixed a fair and reasonable final deadline.
9. Assignment
Assignment by the client of rights arising from a contract requires our consent in writing.
10. Terms of payment
Our fee is due and payable, net, within a period of 14 days from the date of the invoice, excluding set-off or retention. In the event of the period allowed for payment being exceeded, interest will be charged at the rate customary in banking.
11. Reservation of title
The delivered translation shall remain our property until all debts due and owing have been paid in full. Until such time the client has no right of use.
12. Despatch, transmission
Despatching and/or electronic transmission are effected at client´s risk. We are not liable for any faulty or damaging transmission of texts, or loss thereof, nor for damage thereto or loss by way of non-electronic transmision.
13. Confidentiality
All texts are treated as confidential, and we undertake to observe secrecy on all facts made known to us in connection with our activity for the client.
In view of the electronic transmission of texts and data as well as any other form of electronic communication between the client, ourselves and possible vicarious agents, we cannot guarantee absolute protection of trade secrets or other confidential data and information, since the possibility cannot be ruled out that unauthorized third parties may access the texts transmitted by electronic means.
14. Applicable law and legal venue
The contractual relationship and other business relations between us and the client are subject exclusively to German law, to the exclusion of the uniform law on the international sale of goods. Insofar as admissible, the exclusive venue for both parties shall be Stuttgart, Germany in respect of any and all disputes.
15. Validity
The invalidity, whether occurring initially or subsequently, of any provision in the General Standard Terms and Conditions shall not affect the validity of the other provisions. In such cases, a valid provision shall apply that comes closest to the legal and practical intent of the invalid provision.