Terms and Conditions

These General Terms and Conditions apply to all staff members of the ScienceTranslations Group which have not published their own General Terms and Conditions.

Updated December 2006. The General Terms and Conditions published on this website are subject to change at short notice in the future. Please also read the Conditions of use for this website.

1. Introduction
These General Terms and Conditions apply to all present and future business relations of ScienceTranslations with its customers, even in cases where ScienceTranslations does not refer to these General Terms and Conditions when accepting individual orders.

Language communication services (interpreting, translating, proofreading, editing, revising) are "Services" (according to German law). Orders will be completed in accordance with the conditions below. Divergent terms of the customer, unless expressly agreed to in writing by ScienceTranslations, are not binding for ScienceTranslations and shall be regarded as refused. Verbal agreements shall not be legally valid unless confirmed by ScienceTranslations in writing.

2. Offers
Verbal quotations shall not be binding and must be confirmed in writing. The contractual relationship with ScienceTranslations shall only be deemed to have been established through the issuance of a written acknowledgment of the order.

3. Performance
The task of a translator is to convey the linguistically and factually correct meaning of a given text in another language. The customer shall be liable for errors in the source text. ScienceTranslations may not be held liable for errors in printed documents if the proofs were not submitted to ScienceTranslations. Customer-specific terminology shall only be taken into consideration by agreement and is subject to the provision of adequate and complete documentation, e.g. previous translations or terminology lists provided at the time of placing the order. Additional services such as Desk Top Publishing (DTP) layout, printing, HTML files etc. shall be subject to separate agreement at the time of the contract and shall be invoiced separately.

4. Delivery dates
Delivery dates shall not be valid unless they have been expressly confirmed by ScienceTranslations in writing. Should a delay in delivery by ScienceTranslations occur, ScienceTranslations shall first be granted a reasonable additional period for completion. Only upon expiration of this additional period without completion of performance shall the customer be entitled to demand cancellation of the contract or reduction of the price. Any further claims are excluded. The customer remains liable for payment for the work performed by ScienceTranslations up to the time of the customer's threat of refusal. The customer shall not be entitled to claim cancellation or reduction if the delay is due to force majeure or other circumstances over which ScienceTranslations has no control.

5. Terms of payment
Invoices from ScienceTranslations are due for payment in full without discount 15 (fifteen) days immediately upon receipt. If the customer is late in making payment, ScienceTranslations is entitled to charge interest at the

rate of 5 % over the basic interest rate of the Deutsche Bundesbank (German Federal Bank) until the entire amount due is received. The customer alone is liable for payment; payments by other parties shall be accepted conditionally, only if they are received on time in the full amount of the invoice and the identity of the customer, the invoice number and the order number are clearly recognizable. The customer has no right to retain any portion of a payment. The customer may not offset an invoice against other claims unless these are undisputed or legally enforceable.

6. Completion and transfer of risk
The work of ScienceTranslations shall be deemed to have been completed upon posting of the translation by mail, turning it over to another forwarding agent commissioned by ScienceTranslations, or performing a logged input into the agreed-upon electronic transmission medium (such as the Internet). Source texts shall be returned only upon request of and at the risk of the customer.

7. Copyright
The copyright and all rights of use of translations, text adaptations, terminology databases, and documentation produced by ScienceTranslations are retained by ScienceTranslations until complete payment of the invoice has been made to ScienceTranslations. These rights pass to the customer only after receipt of the full invoiced amount.

8. Liability
ScienceTranslations must be notified of any errors in the translation within four weeks of dispatch (date of ScienceTranslations's delivery note or invoice). ScienceTranslations may not be held liable for damages which arise because the customer forwarded the product of the service without review. Where complaints are found to be justified, ScienceTranslations is entitled to make corrections. Only if these corrections also prove to be deficient shall the customer be entitled to withdraw from the contract. Any further claims, on whatever legal basis, are excluded.

In the event that the translation is to be printed, ScienceTranslations shall be liable for consequential losses, provided that the proofs are submitted to ScienceTranslations for approval before printing. If the customer requires the use of its own specialised terminology, ScienceTranslations shall be exempt from any liability in that respect. The liability of ScienceTranslations in each case of negligence shall be limited to the maximum insurance sum agreed for ScienceTranslations's employer and professional liability insurance.

9. Place of jurisdiction and applicable law

Place of performance and jurisdiction for all claims and legal disputes arising out of the contractual relationship shall be Konstanz. German law applies.

10. Miscellaneous
In the event that any of these provisions is or are invalid, the validity of the remaining provisions shall be unaffected. The contracting parties agree to replace any provision which is invalid by one which is equivalent in its business effect.



Terms for subcontractors

 

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