Terms and conditions

Terms and conditions

mainnavDeko1

1. Gen­er­al

These Terms and Con­di­tions apply to all busi­ness with our clients for the dura­tion of the busi­ness rela­tion­ship. In plac­ing an order the client agrees to accept these Terms and Con­di­tions. They apply also to any future trans­ac­tions. Any dif­fer­ing Terms and Con­di­tions of the client are not bind­ing on us unless we have specif­i­cal­ly agreed to them.

2. Place­ment of order

The client should where pos­si­ble place the order in writ­ing and should inform us of the coun­try for which the text is need­ed, the sub­ject area of the text and of any par­tic­u­lar ter­mi­nol­o­gy that is required. We should also be informed of the use to which the trans­la­tion will be put and the date by which it is required. An order is not con­sid­ered to be placed until it has been con­firmed in writ­ing by us. We are not respon­si­ble for delays or errors in trans­la­tion aris­ing from inac­cu­ra­cy or incom­plete­ness of the source text sub­mit­ted to us or from word­ing in the source text that is ambigu­ous or incor­rect.

3. Pro­cess­ing the order

All work is car­ried out with the great­est pos­si­ble care. The client shall receive the work car­ried out in the agreed form. In the case of lack of clar­i­ty in the source text we reserve the right to raise queries with the client or to make a trans­la­tion to the best of our knowl­edge and abil­i­ty on the basis of the like­ly mean­ing of the text.

We under­take to ensure that noth­ing is omit­ted from or added to the trans­la­tion. We reserve the right if nec­es­sary to insert com­ments, foot­notes etc. in the tar­get lan­guage to aid under­stand­ing of the text.

4. Per­for­mance by third par­ties

We may make use of third par­ties for the car­ry­ing out of any trans­ac­tion if we con­sid­er this to be appro­pri­ate or nec­es­sary. We are respon­si­ble only for the care­ful selec­tion of such third par­ties. Our duty of care in the selec­tion of third par­ties is always con­sid­ered to be met if the third par­ty to whom the work is entrust­ed is a trans­la­tor or inter­preter who is legal­ly sworn or autho­rised for the rel­e­vant lan­guage or with whom we or com­pa­nies or trans­la­tors known to us have had a suc­cess­ful work­ing rela­tion­ship. The busi­ness rela­tion­ship is always between the client and our­selves only. Con­tact between the client and a third par­ty employed by us requires our approval.

5. Deliv­ery of the trans­la­tion and com­plaints pro­ce­dure

The trans­la­tion is con­sid­ered to be accept­ed unless the client rais­es an objec­tion imme­di­ate­ly or at the lat­est with­in 14 days of receipt of the trans­la­tion. Upon accep­tance the client waives any claim to which he might be enti­tled in con­se­quence of any defects in the trans­la­tion. If the trans­la­tion is deliv­ered by e-mail, the time of receipt of the trans­la­tion is the time at which it was sent by us or the time­stamp of the e-mail or FTP serv­er. The above-men­tioned peri­od begins at the end of the day on which the trans­la­tion is shown (e.g. in e-mail records) to have been sent to the client. If the trans­la­tion is sent by post, it is con­sid­ered to have been deliv­ered at the time at which under nor­mal cir­cum­stances deliv­ery could be expect­ed, i.e. nor­mal­ly on the day after post­ing; the gen­er­al rules of the BGB on the cal­cu­la­tion of dead­lines also apply.

If with­in the 14-day peri­od the client noti­fies us of an objec­tive­ly ver­i­fi­able, not mere­ly triv­ial defect, this defect must be described as accu­rate­ly as pos­si­ble in writ­ing and we must be giv­en oppor­tu­ni­ty to cor­rect it. The client must at the same time inform us of the peri­od of time with­in which the defect is to be reme­died.

We shall then rem­e­dy the defect with­in the stip­u­lat­ed peri­od inso­far as this is rea­son­able or have it reme­died with­in a rea­son­able peri­od. If the first attempt to rem­e­dy the defect is unsuc­cess­ful, we are enti­tled to take fur­ther steps to rem­e­dy the trans­la­tion on the basis of the client’s pre­cise revised descrip­tion of the defect. If the sec­ond attempt to rem­e­dy the defect is also unsuc­cess­ful, the client is enti­tled to choose either to accept a reduc­tion in the agreed fee or to can­cel the con­tract.

6. Lia­bil­i­ty

We under­take to pro­vide a trans­la­tion that is free of defects. Triv­ial defects are exclud­ed.

We are liable only in the event of gross neg­li­gence and intent; we are liable for minor neg­li­gence only if we are in breach of oblig­a­tions which are mate­r­i­al to the con­tract. Claims for com­pen­sa­tion aris­ing from claims of third par­ties are express­ly exclud­ed. We are not liable for trans­la­tion errors that arise from inac­cu­rate, incom­plete or illeg­i­ble source texts sub­mit­ted by the client. Lia­bil­i­ty is always lim­it­ed in amount to the val­ue of the order in ques­tion.

7. Deliv­ery times

Deliv­ery times are quot­ed in good faith but must always be regard­ed as pro­vi­sion­al. Deliv­ery is con­sid­ered to have tak­en place when it can be shown that the trans­la­tion has been sent to the client. We reserve the right to extend the deliv­ery time quot­ed in the order con­fir­ma­tion if par­tic­u­lar dif­fi­cul­ties are encoun­tered in the text to be trans­lat­ed or for oth­er rea­sons.

8. Pay­ment, terms of pay­ment
All prices and quo­ta­tions are sub­ject to change. Prices are in euros unless oth­er­wise agreed. Any pub­lished, non-bind­ing price lists can be amend­ed by us with­out pri­or notice. Any changes to our pre­vi­ous­ly pub­lished prices, pre­mi­ums for urgent work or oth­er charges will be noti­fied to the client at the lat­est with the order con­fir­ma­tion.

In the case of com­pa­ny clients pay­ment is made upon invoice. Pay­ment is due with­in 30 days of the invoice date. There is a 3% dis­count for pay­ment in advance. We reserve the right to require 50% of the pay­ment in advance, irre­spec­tive of the val­ue of the order. If pay­ment is delayed the costs of issu­ing reminders as well as inter­est at the usu­al bank rate on the delayed amount will be charged to the client. If the size or lev­el of dif­fi­cul­ty of the trans­la­tion exceeds that which was agreed when the order was placed, or if dead­lines are set that are ear­li­er than those orig­i­nal­ly agreed, we reserve the right to charge a high­er fee to take account of the addi­tion­al work.

9. Dis­rup­tion, force majeure, clo­sure or lim­i­ta­tion of the busi­ness, net­work and serv­er fail­ure, virus­es

We are not liable for loss­es aris­ing from dis­rup­tion of our busi­ness, in par­tic­u­lar as a result of force majeure, e.g. nat­ur­al events, break­downs in com­mu­ni­ca­tion ser­vices, net­work and serv­er fail­ure, oth­er dis­rup­tion of ser­vices or com­mu­ni­ca­tion sys­tems and oth­er prob­lems for which we are not respon­si­ble. In excep­tion­al cir­cum­stances of this sort we are enti­tled to with­draw either whol­ly or in part from the con­tract. The same applies if we have impor­tant grounds for halt­ing or lim­it­ing our busi­ness either whol­ly or in part for a par­tic­u­lar peri­od of time. We are like­wise not liable for loss or dam­age aris­ing from virus­es. Our IT sys­tems (net­works, work­sta­tions, pro­grams, files etc.) are reg­u­lar­ly checked for virus­es. When files are deliv­ered by e-mail the client is respon­si­ble for final check­ing of the files and data thus trans­mit­ted. We can­not accept any claims for dam­ages aris­ing in this con­nec­tion.

10. Reten­tion of title

We retain own­er­ship and copy­right of the deliv­ered trans­la­tion until we have received pay­ment in full of all amounts due to us. Before that time the client has no right to use the trans­la­tion.

11. Despatch

Despatch or elec­tron­ic trans­fer takes place at the client’s risk. We are not liable for faulty or harm­ful trans­mis­sion or for loss of the texts, or for dam­age to or loss of the texts when sent by non-elec­tron­ic means.

12. Con­fi­den­tial­i­ty

All texts are treat­ed as con­fi­den­tial and we under­take to main­tain con­fi­den­tial­i­ty with regard to all facts of which we become aware in con­nec­tion with our activ­i­ty for the client. In the case of elec­tron­ic trans­mis­sion of texts and data and any oth­er com­mu­ni­ca­tion in elec­tron­ic form between the client and our­selves we can­not guar­an­tee absolute secu­ri­ty of con­fi­den­tial busi­ness mat­ters and infor­ma­tion since the pos­si­bil­i­ty of unau­tho­rised third par­ties gain­ing access elec­tron­i­cal­ly to the trans­mit­ted texts can­not be exclud­ed.

13. Addi­tion­al agree­ments

If the client makes agree­ments with the user that devi­ate from the Terms and Con­di­tions, or if amend­ments, addi­tions or sub­sidiary agree­ments are made, these alter­ations are not valid unless made in writ­ing.

14. Sev­er­abil­i­ty clause

If indi­vid­ual pro­vi­sions of these Terms and Con­di­tions are whol­ly or part­ly not part of the con­tract or are inef­fec­tive, the remain­der of the con­tract is unaf­fect­ed. In this event the con­tent of the con­tract is gov­erned by the legal pro­vi­sions.

15. Applic­a­ble law and place of juris­dic­tion

The con­trac­tu­al rela­tion­ship and any oth­er busi­ness rela­tion­ship between us and the client is gov­erned exclu­sive­ly by Ger­man law exclud­ing the inter­na­tion­al Pur­chas­ing Con­ven­tion. The place of juris­dic­tion for all dis­putes is exclu­sive­ly Ham­burg, Ger­many.