General Terms and Conditions of Veolin Translations Germany GmbH
These General Terms and Conditions shall form the sole basis for translations provided by Veolin Translations Germany GmbH. They shall apply to all current and future business relations between Veolin Translations Germany GmbH and our clients. By placing an order, the client accepts the General Terms and Conditions of Veolin Translations Germany GmbH. Any other terms and conditions shall require express written confirmation from Veolin Translations Germany GmbH.
Verbal collateral agreements are invalid.
Variances from or amendments to these Terms and Conditions shall require written confirmation from Veolin Translations Germany GmbH in order to be valid.
1. Order placement
The client shall place translation orders in electronic format or another form. In the interest of making our collaboration as smooth as possible, we also accept orders by telephone or in another informal manner. Any problems that may arise from this circumstance shall be borne by the client. The order shall not be deemed accepted and binding until confirmed in writing by Veolin Translations Germany GmbH.
The client shall specify to Veolin Translations to target language of the text and optionally any particular terminology requests. The client further has the option of notifying Veolin Translations Germany GmbH of the purpose of the translation. This is important in particular if the translated text is to be published or printed. If the translated text is to be printed, the client shall provide Veolin Translations Germany GmbH with a copy for correction purposes prior to going to press.
The client may choose from several different data formats regarding the preparation of the translation.
Veolin Translations Germany GmbH shall not be liable for delays or defective execution arising from unclear, incorrect or incomplete order placement.
2. Performance by third parties
Veolin Translations shall be entitled to employ third parties to carry out all business if we deem this to be expedient or necessary. Our liability in this case shall be limited to careful selection. We have complied with our due diligence duty in the selection process if the commissioned third party is a translator who has received proper training and is competent in the respective language. Any contact between the customer and a third party employed by Veolin Translations Germany GmbH requires our prior consent. The business relationship exists solely between the client and Veolin Translations Germany GmbH.
All quotes and prices are subject to change. Prices are quoted in euros, unless agreed otherwise.
A partial payment or payment in installments in accordance with the completed portion of text may be requested for large-scale contracts. All prices quoted are net prices, exclusive of statutory value-added tax.
4. Delivery deadlines
Delivery deadlines are provided to the customer to the best of our knowledge and in good faith. However, they are always only anticipated deadlines.
The client's delivery dates shall not be deemed binding until confirmed in writing by Veolin Translations Germany GmbH. Delivery shall be deemed to have been made when the translation was dispatched to the client.
5. Disruption, force majeure, business shutdown and limited operation, network and server errors, viruses
We shall not be liable for damages resulting from disruptions of our operation, including but not limited to force majeure, e.g. acts of God and disruptions of traffic, network and server errors, any potential other line and transmission disruptions, and other obstructions beyond our control. In such exceptions, we shall be entitled to withdraw from the contract in whole or in part. This shall also apply if we, for cause, shut down or limit our operation for a certain period, either in part or in whole.
Likewise, we shall not be liable for damages caused by viruses. Our IT systems (networks, work stations, programs, files, etc.) undergo regular scans for viruses. If files are delivered by e-mail, remote data transmission (ISDN/modem) or any other form of remote transmission, the client shall bear responsibility for conducting a final check of the transmitted files and texts. We do not recognize any claims for compensation in this respect.
Any claims for damages cannot be accepted.
Unless a separate agreement was made regarding the quality of the translation or specific requirements are apparent from the type of the order, we will prepare a complete and grammatically correct translation of the text that corresponds to the original for the purpose of information to the best of our knowledge and in good faith.
Unless the client immediately, but no later than within 5 days (received by Veolin Translations Germany GmbH), raises any written objections, the translation shall be deemed accepted. In this case, the client waives any and all claims they would be entitled to due to potential defects of the translation.
If the client gives notice within this 5-day period of a defect that objectively exists and is material, this defect must be described in as great a detail as possible, and Veolin Translations Germany GmbH must first be given the opportunity to remedy the defect.
This shall also apply to rush orders with very short turnaround times. If a remedy of the defect is demonstrably unsuccessful, the client shall have the right to a reduction in price or rescission. The right to assert any further claims, including claims for compensation for non-performance, is excluded. Liability shall be limited to the value of the respective order with respect to the amount. In any case, Veolin Translations Germany GmbH shall only be liable for gross negligence and intent; liability in the case of ordinary negligence shall only exist for breach of material contractual obligations. Liability to recourse in the case of claims for compensation by third parties is expressly excluded. Veolin Translations Germany GmbH shall not be liable for translation errors that were caused by the client due to incorrect, incomplete or late information or documents or by faulty or (even partly) illegible source texts.
If the client does not specify the purpose of the translation, in particular whether it will be published or used for advertising purposes, the client shall not be entitled to claim compensation for any damage that arises because the text proved to be inadequate for the intended purpose or because the publication or advertisement had to be repeated due to inadequate adaptation, or that results in loss of reputation or image for the client.
If the client does not specify that the translation is intended for printing, or if the client does not provide Veolin Translations Germany GmbH with a proof for review prior to going to press and prints the document without approval from Veolin Translations Germany GmbH, any defects shall be borne in full by the client. Should a claim be made against Veolin Translations Germany GmbH for copyright infringement as a result of a translation, or should claims be asserted by third parties, the client shall indemnify and hold Veolin Translations Germany GmbH harmless from any liability to the full extent.
7. Delay in delivery, impossibility of performance, withdrawal
In cases where Veolin Translations Germany GmbH is responsible for the failure to meet the obligation and impossibility of performance, the client shall be entitled to withdraw from the contract only if Veolin Translations Germany GmbH exceeded the delivery deadline by an unreasonable period of time and the client granted an adequate grace period in writing.
The assignment of rights from a contract by the customer requires the written consent of Veolin Translations Germany GmbH.
9. Terms of payment
The fee of Veolin Translations Germany GmbH is payable within 14 days of the invoice date, net without deductions, under exclusion of set-off or retention. Interest rates customary in banking will be charged if the payment deadline is exceeded.
10. Reservation of ownership
The delivered translation as well as the copyright thereto shall remain the property of Veolin Translations Germany GmbH until all outstanding amounts have been paid in full. Until such time the client shall have no right of use.
11. Dispatch, transmission
The dispatch or electronic transmission is made at the client's risk. Veolin Translations Germany GmbH shall not be liable for the faulty or detrimental transmission of texts or their loss, or for damage or loss incurred during non-electronic transmission.
All texts shall be treated confidentially, and Veolin Translations Germany GmbH undertakes to maintain secrecy with regard to any and all information of which we learn in connection with our collaboration with the client. On request, a separate confidentiality declaration shall be issued.
Given the electronic transmission of texts and data as well as potential other communications in electronic form between the client, Veolin Translations Germany GmbH and any subcontractors, we cannot guarantee absolute protection of trade and information secrets and other confidential data and information, because it cannot be excluded that unauthorized third parties gain access electronically to the transmitted texts.
13. Applicable law and legal venue
The contractual relationship and any other business relations between Veolin Translations Germany GmbH and the client are subject exclusively to German law to the exclusion of the Convention on the International Sale of Goods. To the extent it is permissible, Berlin, Germany, shall be the sole legal venue for any and all disputes for both parties.
Should one or more provisions of these General Terms and Conditions be or become invalid, either initially or at a later time, the validity of the remaining provisions shall not be affected. In this case, this provision shall be replaced with a valid provision, the effect of which comes closest to the legal and economic purpose.
Veolin Translations Germany GmbH | Version as of 09/12/2016