1.
General
The client’s contract partner is Ms. Ilka Huhnen. The
general terms and conditions of trade are valid for the entire course of business.
If a provision in these general terms and conditions of trade or any other
contractual provision, in full or partially, should be invalid or rendered
invalid, the validity of the rest of this contract will not be affected. The
ineffective provision shall be replaced by a valid one which approaches the
former as best possible.
The general terms and conditions of trade are
acknowledged by the customer and are valid for the duration of the business
connection. The clients general terms and conditions of trade are only binding
to the contract partner when being expressively acknowledged by her.
Any
agreements – including changes or completions – are subject to the
contract partner’s written acknowledgement.
2.
Placement of order
Upon placing the translation order the client must indicate
the source and target language, the subject and the topic of the text.
Any
documents which are necessary for carrying out the translation have to be put
at the contract partner’s disposal without having to be demanded and at the
commencement of the translation, these include clients glossaries,
illustrations, designs, tables, abbreviations etc.
The client has to inform the contract partner
on commencement of translation of any special forms and formats to be used (
data carrier, number of copies, fair copies, outer appearance of the translation,
data transfer etc.) If the translation is to be printed the client has to hand
the contract partner a proof before the publication.
3.
Carrying out work utilising a third party
The contract partner is entitled to make use of a
third party to carry out all types of businesses. Contact between the client
and the third party employed by the contract partner is only allowed with her
approval. In principal the business connection exists exclusively between the
client and the contract partner.
4.
Delivery deadlines
Delivery deadlines are only valid when confirmed in
writing by the contract partner. In the case of delay an adequate time
extension is to be granted to the contract partner.
A delivery is regarded as made if the dispatch of the
translation can be proved.
5.
Prices
All offers and prices are without engagement. Prices
are in Euro if nothing else is agreed upon. All prices stated in the offers are
net without VAT.
Invoices do not contain VAT according to § 19
paragraph 1 turnover tax law.
The contract partner is entitled to have the actual
and agreed costs arisen refunded on top of the arranged fee.
6.
Terms of payment
Payment has to be made immediately on receipt of
invoice without any deduction.
A deposit or a payment by instalments in accordance to
the respectively completed amount of text can be arranged for extensive orders.
On exceeding the date of payment the usual bank
interests will be charged.
7.
Reliability
The contract partner can only be held responsible in
case of gross negligence and intention.
If there are no special agreements on the
translation's qualitative requirements or no specific requirements are obvious,
the contract partner can translate the document to the best of her knowledge
and belief.
The contract partner is not responsible for delays or
deficiency in execution which arise due to the client giving either unclear,
incorrect, incomplete information or documents or not putting information or
documents at the contract partner’s disposal in time as well as deficient or
illegible source texts.
The contract partner is also not responsible for damage
which arise due to interruption of business nor the business of any third party
being enlisted for the execution of the order – especially interruptions due to
acts of God like natural occurrences and traffic problems, network or server
faults, any other line or transmission defect and other objections beyond the
contract partner’s scope of intervention. In these exceptional circumstances
the contract partner is entitled to withdraw from the contract fully or partially.
The contract partner is also not responsible for damages
occurring through viruses. On deliveries of files via email or any other form
of remote transmission the client is concerned with the final check of the transferred
files and texts.
If the client does not immediately, or within five working
days at the latest, raise any written objection, the translation is considered
as approved. In this case the client renounces any right he could claim for
possible deficiencies within the translation.
Should the client rebuke an existing, significant deficiency
within this period, the deficiency is to be described in as much detail as
possible and the contract partner is to be given the opportunity to
subsequently improve the translation. If the improvement proves unsuccessful
the client has got the right to reduce the price or cancel the contract. Any
further rights for the client including claims for damage due to non-performance
are excluded. The responsibility is limited to the sum of the respective order.
The client is solely liable for the damage of rights,
especially copyrights of third parties, due to the execution of his order. In
placing the order the client releases the contract partner from any rights of
third parties arising due to such infringement.
If texts that are handled by the contract partner
should become a basis of legal agreements or contracts, in particular for usage
in foreign countries, the contract partner will not be able to undertake a revision
to find out, if the texts meet the respective foreign legal rights.
8.
Reservation of ownership
The delivered translation remains the contract partner’s
property until all charges are fully paid. Up to this point the client has got
no right to use it.
9.
Confidentiality
All texts are to be treated confidentially. The
contract partner commits herself to maintain absolute silence on any facts she
learns in connection with her work for the client.
In view of the electronic transfer of texts and data
as well as any other electronic form of communication between the client, the
contract partner and possible third parties, the contract partner cannot
guarantee absolute protection of trade and information secrets, because it
cannot be excluded that unauthorized persons access the transferred data
through an electronic manner.
10.
Applicable law and legal place of jurisdiction
The contractual relationship and other business
relations between the client and the contract partner are exclusively subject
to German law excluding the international rights.
Legal place of jurisdiction is Krefeld, Germany.