ue-text GmbH

ToS

General Terms and Conditions of ue-text gmbh

These general terms and conditions of business shall apply to all of our business transactions
with our customers. We hereby expressly object the applicability of any other deviating terms and
conditions of delivery of the customer, unless such other terms and conditions have explicitly
been recognised by our company in specific cases.
By placing an order with our company, the customer recognises our general terms and conditions
of business, which shall remain applicable for the overall duration of the respective business
relations, even if reference is no longer made to these GTC upon acceptance of individual orders.
These GTC shall also apply to future business relations. The term “Customer” shall include both
legal persons and natural persons.

1. Contract orders, delivery

a)
Any order, regardless of its type, shall clearly show the subject-matter of the business.
Upon placing an order, the customer shall indicate the target language, the related industry, the scope
and purpose of the translation, the necessity or not of certification of the translation, special terminology
requirements (list of well-established technical terms that are usually used in this field of industry) as well
as special wishes relating to the text layout (saving files to specific storage media, naming of files, readiness
for publication, number of hardcopies etc.). If a translation is intended to be used for publications, which
also includes printing of labels, plates, instruction leaflets or labelling of goods, or for a publication on the
Internet, the customer shall make available to us a galley proof or unofficial access to the respective server
for corrections before final print or publication.
Upon placement of an order, the customer shall hand over to us, without being asked, all pieces of information,
materials or documents that are necessary to complete the translation/interpretation assignment
in accordance with the applicable quality standards, (e. g. reference to web pages, pictures, drawings,
lists and explanations on abbreviations used in the text, tables etc.). In case the information materials
provided are considered not be sufficient, we reserve the right to request additional information.
b)
Any verbal collateral agreements as well as order changes shall only be valid if confirmed in writing. We
shall not be held liable for any defects or delays caused through false, ambiguous, incomplete or illegible
information provided by the customer.
c)
In general, we send the completed translations by email. Certified translations are sent by postal delivery,
or by registered mail, if the customer wishes so. Transfer of risk to the customer shall take place as soon
as the consignment has been handed over to the forwarding contractor. Electronic transfer shall take place
at the entire risk of the customer. We shall not be held liable for any defects in, damage to or loss of text
caused during or in connection with the transmission.
d)
We reserve the right to have the translations made and corrected by translators whom we trust, and to use
translation memory systems without prior consultation of the customer.
Dates of delivery shall only be applicable if expressly agreed upon as binding, and provided that such
binding date has been confirmed by the customer in writing.
In case the customer fails to hand over on time the documents required for the translation assignment, or
if the information and translation aids handed over are incomplete, false, ambiguous or illegible, we shall
not be bound to any binding delivery date.
Any delivery period mutually agreed upon shall only start on the date when all documents and pieces of
information as required under item 1a have been handed over in its entirety.
Subsequent additions or changes to the source text as well as subsequent layout requirements may lead
to a change of the delivery date.
e)
In case a delivery date contractually agreed upon between us cannot be complied with for reasons that
cannot be imputed to us, the customer shall grant us a reasonable extension period.
f)
In case the customer subsequently requires a reduction of the delivery period contractually agreed upon,
and such reduction results in additional work or expenditure, for example in the necessity to include further
or several translators, this may result in an increase of the price. The same regulation shall apply to cases
of any increase of the amount of text communicated during the processing period as well as in case of
supplements.
g)
Interpretation assignments will be invoiced on the basis of daily rates or quotation prices. The respective
daily rates or quotation prices include the remuneration for arrival and departure times. Travelling
expenses will be charged separately.
h)
The renting-out of interpretation booths (and/or conference equipment) shall only be possible via quotations
submitted beforehand. The respective quotation prices include the overall cost for transport, installing and
uninstalling the equipment as well as assistance by a technician and overnight accommodation cost, except
for portable sound transmission systems, which will be sent by postal delivery.
The customer shall make sure via its own staff that all the headsets and receivers rented out are returned.
Missing components will be charged.
If the number of components required (loudspeakers, receivers, headsets) exceeds the amount of
components offered and ordered, the additional cost incurred will be charged.

2. Payment

a)
Tendering of invoices will be made in writing. Any invoice amount shall become due and payable
immediately after receipt of invoice, unless deviating payment terms have been agreed upon in writing.
b)
In isolated cases of high order volumes or unusually long processing times, we shall be entitled to request
an appropriate down-payment. The customer shall receive an invoice on such down payment.
c)
In case a translation assignment is cancelled, the customer shall remunerate all work carried out
until such cancellation date and to compensate for the cost incurred in connection therewith. Interpretation
assignments shall be exempted from cancellation fees until 10 days before the agreed date of the
assignment. After this period, a fee of 50 % of the order value will be charged. If an interpretation assignment
is cancelled on the day before or on the very day of the assignment, 100 % of the agreed contract
value will be charged.

3. Acceptance, notices of defects

a)
The acceptance of the work and/or delivery, including partial deliveries, shall be within customer’s
responsibility. If the customer refuses or fails to state acceptance, the latter shall automatically be in
default of acceptance without the necessity of any further notification, and the customer shall be liable for
all damage resulting from such refusal or failure.
b)
In case the customer lays claims for any defect in the work or deliveries, the customer shall objectively
describe such defect in writing as precisely as possible. The customer shall grant us a reasonable period
in time for the elimination of such defects. In case a first troubleshooting action fails, we shall have the
right to proceed to a second correction of the defects on the basis of a renewed description of the defects.
If a second remediation action also fails, the customer shall have the right to rescind from the
contract/order placement. In such latter case, all rights to the translation shall remain with us. Any other
claims, including claims for damages, shall be excluded.
c)
If the customer does not claim any defects within14 days after receipt of the translation, the translation
shall be regarded as accepted.
d)
Customer’s right to retrospective performance, its right to rescind from the contract, to reduce payment
or to claim compensation shall become statute-barred within one year from the date of performance,
subject to §§ 202, 634a item 3 BGB (German Civil Code).

4. Liability, Force majeure, computer viruses

a)
Claims for damages asserted by the customer towards us in a broad sense shall be excluded, with the
exception of liability for acts of wilful intent or gross negligence, for injuries to persons life, body and
health due to acts of at least culpable negligence, the infringement of contractual warranties due to acts
of at least culpable negligence or for non-compliance with guaranties of expressly promised properties
or fraudulent concealment of defects. In case of infringement of contractual warranties, the amount of
damages the customer is entitled to assert against us shall be limited to amounts of damages that are
typical of the type of contract and foreseeable.
The above limitation of liability shall also apply to our legal representatives, staff members and other
agents of ours. The above regulations shall not be intended to bring about a shift in the burden of proof
to the detriment of the customer.
b)
We shall not be held liable for any damage caused through external perturbations affecting our operations.
In particular, this shall refer to cases of force majeure, such as natural phenomena, strike, traffic
perturbations, faults in computer servers or networks etc.
c)
We shall not be held liable for any damage caused through computer viruses, trojans or any other computer
malware in spite of a permanent antivirus control of our system. This shall apply, in particular, to damaged,
incomplete or lost contents as well as lost layouts after electronic transfer.
d)
We shall not be held liable for any consequential cost caused through faults in printing operations, if the
customer fails to inform us about its intention to use the translation for printing purposes before our
accepting the order, if there was no cross-checking of the galley proof and no approval for printing was
given in writing.
e)
We shall not be held liable for any damages, in case the customer releases webpage translations for
public access without having the translation checked by a second independent translator after uploading
of the file.
f)
In businesses with merchants and non-merchants, our liability shall be limited to double the invoice
amount of the service or delivery that caused the damage in cases of ordinary negligence, however to a
maximum amount of 20.000,00