terms and conditions
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.)
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
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.
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.
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
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.
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
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.
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.
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.
of jurisdiction and applicable law
of performance and jurisdiction for all claims and legal disputes
arising out of the contractual relationship shall be Reutlingen.
German law applies.
on enticement of employees
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.
agrees that its data may be stored for administrative purposes
in compliance with data protection regulations.
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