Terms and Conditions
1. General information
The following conditions are valid for all services offered. Deviations, supplementary agreements and other agreements require a written form. The contractor (= Fachübersetzungen Leipzig) is entitled to suspend or cancel already placed orders totally or partially in the case of non-compliance with the terms and conditions, especially in the case of delay of payment by the client (= customer) till to the compliance with the conditions.
The net payment increases by the value added tax (VAT) legally owed at the time of provision of service. In the case of utilizing post service, the customer has to pay for postage and packing. Postage and packing are placed into the calculation of prices. The statement of accounts for services and deliveries is performed by an account. This account is payable according to an individually agreeable credit without reduction. In single cases, the contractor reserves itself to perform services by cash before delivery or by cash on delivery. In the case of private customers, the services is only performed by cash before delivery if the order value increases an amount of 200.00 EUR net. In the case of big orders requiring a handling time of more than one month, at the end of every month an account is charged about the services performed in the corresponding month. Fourteen days since the date of account are granted as credit. The contractor has the right, to exclude the client being in default from further services even if appropriate contracts are signed. Price changes, misprints and errors are reserved.
Minimum order value: 200 Euro
3. Reservation of ownership
The contractor reserves himself the ownership at the raised services and supplies up until the complete payment. The agreements of performance and supply have to be confirmed in written form. The confirmation order takes place in written form by means of email or postal service. The agreed period of delivery starts with the date of order confirmation. Where necessary, data or documents not arriving punctually will then lengthen the delivery time accordingly. The client has the right to grant an extension of the time of delivery to the contractor in the case of noncompliance with the guaranteed time of delivery. If the contractor does not comply with the extension of the time of delivery, the client has the right to retire from the contract. The contractor is entitled to partial deliveries if nothing else is agreed upon. In the case of technical operational disturbances, a strike or force majeure, the client does not have any right of recovery of damages or recovery of delay in the case of non-compliance or delay in delivery.
4. Guarantee, exclusion of liability
Missing translation parts due to illegible, incorrect or incomplete text materials or due to a client-own terminology (so far this was not made available or is incorrect) or due to missing text connections are not in the area of responsibility of the contractor. Questions of style also are excluded from liability.
Complaints are recognized only if these are announced in written form within 10 days after supply and under specification of the lacks. No changes may be made by the client, otherwise the warranty claim becomes forfeited. The guarantee is limited to improvement or indemnification. In the case of improvement, the client has to concede a suitable period of time to the contractor. If the anomalies are not amended, the client has the right to recede from the contract or to ask for a deduction of the amount invoiced. The contractor only is liable to such damages which result from rough negligence or intention. As pecuniary damages, 5 % of the net value of the order are fixed. The contractor is not liable for mistakes in clerical works.
A liability of the contractor for damages or loss auf the text materials which were given from the client to the contractor is excluded in the case of storm, water, fire, breaking and entering and so forth.
6. Cancellation of the order on the part of the client
The client can terminate the order up until the completion of the translation. In this case, the translational work performed up until the time of termination of the order has to be paid. The termination of the order only then is efficient, if it is explained in writing form (not via email) to the contractor.
7. Intellectual property
Translations are the intellectual property of the contractor. The multiple use (as notice, circular, form by print and duplication, publication in print media and internet, and so forth) may only occur with a written agreement of the contractor. Especially in the case of publication, one has to refer to the name of the translater and its internet adress (http://www.fachuebersetzungen-leipzig.de).
The client releases the contractor of all rights of third parties which could result from an injury of foreign copyrights.
8. Place of contract
The German law is valid for the order between the client and contractor, its interpretation and execution, even if the client is a non-German and has his or her appartment and/or company headquarters outside of the Federal Republic of Germany.
9. Place of delivery, place of jurisdiction
With inefficacy of individual regulations of these terms and conditions the remaining conditions are further effective. Place of delivery and place of jurisdiction is Leipzig (Federal Republic of Germany).
1st November 2018