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General Terms and Conditions of Business

 

 

General Provisions

 

These Terms and Conditions apply to all business transactions with our customers. The Terms and Conditions are acknowledged upon placing an order and apply for the entire duration of the business relationship. They also apply to future business.

 

Placement of orders

 

Orders may be placed in writing by post or by fax, by email as a data record or by telephone.

When placing the order, it is necessary to provide the customer name with complete address, the source and target language(s), information regarding the subject matter and possible information on terminology and/or background information necessary for optimum translation. We recommend simultaneously informing us of the order by telephone and requesting confirmation from EVS Translations that the order is being processed.

Placing an order with EVS Translations without receiving confirmation of receipt of the order by EVS Translations is at the risk of the customer.

Should formatting be required to process an order, this will be invoiced separately.

Times given are CET.

 

Liability / Compensation

 

EVS Translations is not liable for delays or defects in performance that are a result of incorrect or incomplete transfer of the source text from the customer to EVS Translations or that are a result of ambiguous or incorrect formulations in the source text.

EVS Translations is not responsible for deviations from the (confirmed) time of delivery if no clear fault on the part of EVS Translations can be substantiated. The reasons for deviations from times of delivery may be unforeseeable problems that occur during the translation or force majeure such as server failure on the part of the mail provider or technical problems.

EVS Translations is not liable for economic or other consequences that arise from a translation.

In terms of business-to-business dealings, we are liable for failure to deliver in due time, for non-performance and for vicarious agents. In business-to-business dealings and dealings with private individuals, in the event of slight negligence liability will be limited to double the invoice value of the delivery or supply causing the damage up to a maximum of €100,000. In business-to-business dealings, in the event of wilful intent or gross negligence on the part of our vicarious agents who do not hold management positions, liability is limited to three times the invoice value of the delivery or supply causing the damage up to a maximum of €250,000. The limits of liability given in the previous sentence in relation to business-to-business dealings will be reduced to a third in cases where the customer is insured against damage caused by EVS Translations.

If the purpose of use is not provided upon placing the order, particularly if the text to be processed is to be published or is to be used for advertising purposes, the customer may not demand compensation for damage that is a result of the text being unsuitable for the purpose of use or if the publication or advertisement must be repeated due to imperfect adaptation or if it leads to damage to the company’s reputation or image.

If the customer does not provide notification that the translation is to be printed, does not provide EVS Translations with galley proofs prior to going to press and prints without clearance from EVS Translations, any and all defects will be at the expense of the customer.

 

Secrecy clause

 

EVS Translations will preserve the confidentiality of order-related information that has not been made available to the public. This information will only be forwarded to employees of the Company where this is necessary to fulfil the requirements of the order. Forwarding information to third parties who are not involved in executing the order will only take place with the explicit prior written consent of the customer. This also applies once the order has been completed.

 

Partners

 

To achieve the highest quality of translation, EVS Translations is authorised to commission partners. This applies in particular to languages and industries that are not covered directly by EVS Translations itself. However, the contractual obligation between EVS Translations and the customer still applies in such cases.

 

Pricing

 

All offers and prices are subject to alteration.

Prices provided on the price list are guides and are not binding. EVS Translations is authorised to adjust the price list at necessary intervals. The price list refers solely to translations where German is either the source or the target language; prices for alternative language combinations must be requested.

EVS Translations is authorised to add a surcharge in cases of urgent orders. Courier expenses will be invoiced to the customer. EVS Translations assumes costs for postage and telephone and fax costs.

 

Deadlines / Delivery

 

Deadlines will be set by EVS Translations according to experience. Delivery may be delayed due to the factors given above (Liability / Compensation, paragraph 2).

EVS Translations does not accept responsibility if the delivery is not received by the customer in good time, if the file cannot be shown on screen or if the font software is not available.

An order is deemed to be delivered once it can be proven to have been sent electronically to the customer.

 

Complaints

 

Any and all complaints are to be made in writing without delay. Complaints received at a later date will not be valid. The applicable point of time is the point at which the completed order is dispatched from EVS Translations or 2 working days after this point in the case of deliveries by post.

Faults are determined as incorrect translations / terminology, deviations from offers confirmed by the customer or conspicuous grammatical mistakes.

If such faults are reported correctly and in due time, EVS Translations is authorised to rectify these faults. The customer is obliged to produce supporting documentation to attest to the faults.

 

Rescission of contract

 

The customer is authorised to rescind a contract only if EVS Translations has culpably exceeded the deadline by an excessive amount of time, if the translation still contains serious mistakes after EVS Translations has been given a reasonable opportunity to rectify them or if delivery does not occur at all (see Delivery). Only in cases of non-delivery is the customer released from payment obligations. In the case of part deliveries or deliveries containing defects as defined above, the customer is required to produce part-payment corresponding to the part delivery.

 

Retention of title

 

The translation will remain the property of EVS Translations until complete payment has been received for all monies owing.

 

Terms of payment for customers

 

Invoicing will take place following delivery and will be in euro. Unless otherwise agreed, the target text will form the basis of the invoice. The invoice amount is to be paid in full and in accordance with the terms of payment to the EVS Translations account given, unless otherwise agreed, within 14 days net. In doing so, the invoice number and the order number are to be given.

 

Differing terms of payment for suppliers

 

Unless otherwise agreed, we work with a credit period of six weeks. Any claim is deemed paid from the date of the money transfer. Applicable law and courts In case of dispute, German law shall apply. The place of jurisdiction is Offenbach am Main, Germany.

 

Changes to the Terms and Conditions

 

Where possible, our partners will be informed immediately of any changes to the Terms and Conditions.

 

 

As at: 1 January 2007