General Terms and Conditions

of the Translating and Interpreting Office Martine Cebulla-Leroy, (Übersetzer- und Dolmetscherbüro), hereinafter called ÜDB.

Please note that alterations to our terms and conditions must always be made in writing.

 

1. Translating services back to menu
1.1.

The mode by which the translating service is to take place (mail attachment, paper, CD-Rom, disk etc.) will be agreed upon jointly by the contractor and the customer.

1.2.

If ÜDB delegates the assignment or parts of the assignment to third parties, then ÜDB still remains the contractor.

1.3.

ÜDB as well as all its employees agree to the strictly confidential dealing with or resp. secrecy concerning all information, data and subject matter, which the customer transmits to ÜDB in whatsoever form. The same obligation is also entered into by the customer regarding all data, information and subject matter concerning ÜDB.

1.4.

ÜDB neither takes liability for the correctness (either for language or specialist subject matter) of the text to be translated (original text) nor for its legal concerns, such as copyright or copyright conditions for photos, symbols etc.

1.5.

In order that ÜDB may fulfil its high quality standards, the customer is obliged to give information concerning the purpose of the translation. Should the customer use the translation in any other way than specified, then the customer renounces all types of compensation with regard to ÜDB.

1.6. ÜDB agrees to inform the customer immediately should there be any delay in meeting the deadline agreed.
2. Language training back to menu
2.1.

ÜDB agrees to careful preparation of all courses of instruction, such as - according to requirements - course material and individual selection of language trainers.

2.2.

The respective course prices include all material and, at the request of the customer company, an assessment of the evaluating questionnaire.

2.3.

ÜDB reserves the right to change the contents of company courses at short notice if this seems purposeful with regard to current topics and if written agreement of the customer company is at hand.

2.4.

Booking alterations (number of participants, dates etc.) are to be made by participants in writing and in good time. ÜDB is not obliged to grant a price reduction if participants arrive late. ÜDB agrees to grant a reduction in price if it causes a serious delay or hindrance itself or alternatively to making up for course content missed.

2.5.

If the customer withdraws from a booking the following amounts will be retained by ÜDB according to the date of withdrawal:

10 days before start of course:   30 % of fees
From 5 days before start of course:   50 % of fees
On the day of the course or afterwards: 100 % of fees
2.6.

Times of absence caused by illness etc. of a participant will not be made up for in any form.

3. Rates back to menu
3.1.

ÜDB provides guidelines to rates under the menu item prices and under contact the opportunity to ask for price offers. These guidelines are to be considered an integral part of our General Terms and Conditions.

3.2.

Price offers are, with the exception of another agreement made, to be considered as a non-binding guideline.

3.3.

For translating services carried out under special conditions (in particular at weekends and urgent assignments) ÜDB is entitled to charge an appropriate supplement which must be made known in advance to the customer.

4. Delivery back to menu
4.1.

The deadline for the delivery of a translation is to be agreed on in writing. The customer is responsible for handing over all documents and information required for the observation of the deadline and names a contact person who will deal with any possible queries. If the documents resp. information are/is not delivered on time, ÜDB can extend the delivery deadline or, at the request of the customer, can deliver the work on the date agreed, without the customer having a right to complain in this matter. If ÜDB does not meet the deadline agreed on in writing without giving reasons, the customer, having given a time extension, is entitled to withdraw from the contract.

4.2.

The delivery takes place by e-mail or by post. Other methods of delivery are to be agreed on in writing in advance. Irrespective of the type of delivery, the customer bears the risks entailed. The customer is obliged to immediately confirm in writing the arrival of the finished translation as well as of the invoice. Otherwise it will be assumed that the translation and the invoice have been accepted and claims for recourse can no longer be made.

4.3.

After completion of the translation work ÜDB is under no obligation to keep all the documents/information and the translation text beyond a period of 4 weeks after delivery to the customer, unless a corresponding agreement has been made.

5. Liability and Guarantee back to menu
5.1.

If on the part of ÜDB or the customer a case of force majeure occurs, which interferes with the fulfilment of the assignment, then the contractual partner is to be informed immediately. Both ÜDB as well as the customer can in this case withdraw from the contract, whereby ÜDB can charge for the work done up to that point as well as for costs incurred in this connection. Included in the concept of force majeure are the following: wars, combat operations, civil disturbances, industrial disputes, forces of nature (as for example epidemics, accidents, fire, storms, floods and earthquakes), a change of law, or respectively new laws or any other unforeseeable reason for which ÜDB cannot be held responsible and which impairs ÜDB's ability to fulfil its obligations.

5.2.

Should the customer find fault with the quality of the translation, then the points of criticism are to be set down in writing with evidence, and to be submitted within 14 days after arrival of the translation (date when posted or resp. sent by e-mail). Moreover, the customer gives ÜDB sufficient time for clarification and revision of the faults. If ÜDB exceeds this deadline agreed upon jointly, then the customer has the right to claim a price reduction agreed upon in writing beforehand. If the customer does not grant this deadline, this discharges ÜDB from liability for faults. Criticism resp. warranty claims in general do not release the customer from his obligation to payment, likewise a holding back of payment is not permitted. If corrections are desired, the customer should, at ÜDB's request, once again transfer the original text.

5.3.

Liability for faults etc. exists for ÜDB in the area of electronic data transfer only if gross negligence is proved on the part of ÜDB.

6. Compensation back to menu
6.1.

The net invoice amount determines the sum of all compensation claims, except in the case of any otherwise worded or legally binding regulations as well in the case of damage caused intentionally or due to gross negligence.

6.2.

ÜDB is not liable for subsequent damage or missed profit on the part of the customer.

6.3.

ÜDB is only entitled to publish the customer's name if the customer has agreed to this in writing.

7. Methods of payment back to menu
7.1.

As a matter of principle, payment is due immediately after the translation has been handed over or sent.

7.2.

ÜDB is as a matter of principle entitled to request payment on account.

7.3.

ÜDB is entitled to request an advance payment to the amount of half of the sum of the assignment if the customer is a private person and/or a foreign company/private person.t.

7.4.

If the customer does not make payment by the date due or resp. if on his/her part there is a delay in payment, then ÜDB is entitled to charge 5% interest on arrears by means of the respective basic interest rate according to § 1 of the bank rate transfer law of 9th June 1998 (BGB - Federal Law Gazette 1 p. 1242).

7.5.

If the customer infringes these conditions of payment ÜDB is entitled to discontinue work until the customer has made payment. Work completed up to this point is to be paid according to the price agreed upon. In this case no legal claims at all accrue on the customer's part against ÜDB.

8. Place of performance and jurisdiction back to menu
8.1. Any legal disputes arising from this contract shall be heard in Ettlingen. German law applies.
9. Severability Clause back to menu
9.1.

If individual terms of this contract should not be legally effective or should lose their legal effect later or should a loophole become evident in this contract, then the legal effect of the remaining terms is not affected by this. Instead of the ineffective terms of the contract or for filling the loophole a more appropriate regulation is to apply, which, insofar as is legally possible, comes nearest to the wishes of the contractual partners, had they thought of this point. No ancillary verbal agreements have been made. Any alterations or additions to this contract require, to be effective, a written document signed by both parties to the contract. This requirement of form can only be dispensed with by written declaration. No rights or obligations are laid down by a practice diverging from the contractual text. If a regulation agreed on in this contract is not carried out, it nevertheless remains in effect.

Date: March 2006

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