General terms and conditions of business

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These General Terms of Business apply to all transline units that do not have individual Terms of Business.

Status is as of December 2002. These Terms as posted on this website are subject to future changes. (Please also read the website disclaimer.)

1. Introduction

These General Terms and Conditions apply to all present and future business relations of transline Deutschland Dr.-Ing. Sturz GmbH (TDE) with its customers, even in cases where TDE does not refer to these General Terms and Conditions when accepting individual orders.

Language communication services (interpreting and translating) are "Dienstleistungen" (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 TDE, are not binding for TDE and shall be regarded as refused. Verbal agreements shall not be legally valid unless confirmed by TDE in writing.

2. Offers

Verbal quotations shall not be binding and must be confirmed in writing. The contractual relationship with TDE 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. TDE may not be held liable for errors in printed documents if the proofs were not submitted to TDE. 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 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 TDE in writing. Should a delay in delivery by TDE occur, TDE 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 TDE 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 TDE has no control.

5. Terms of payment

Invoices from TDE are due for payment in full without discount immediately upon receipt. If the customer is late in making payment, TDE is entitled to charge interest at the rate of 5 % over the basic interest rate of the Deutsche Bundesbank 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 TDE shall be deemed to have been completed upon posting of the translation by mail, turning it over to another forwarding agent commissioned by TDE, 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 data banks, and documentation produced by TDE are retained by TDE until complete payment of the invoice has been made to TDE. These rights pass to the customer only after receipt of the full invoiced amount.

8. Guarantee and liability

TDE must be notified of any errors in the translation within four weeks of dispatch (date of TDE's delivery note or invoice). TDE 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, TDE 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, TDE shall be liable for consequential losses, provided that the proofs are submitted to TDE for approval before printing. If the customer requires the use of its own specialized terminology, TDE shall be exempt from any liability in that respect. The liability of TDE/Sturz in each case of negligence shall be limited to the maximum insurance sum agreed for TDE's/Sturz' 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 Reutlingen. German law applies.

10. Ban on enticement of employees

Each of the contracting parties agrees to refrain from hiring or otherwise employing staff of the other contracting party for a period of twelve months from the end of the collaboration.

11. Data protection

The customer agrees that its data may be stored for administrative purposes in compliance with data protection regulations.

12. 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.

Reutlingen, December 2002