1. General
The General Terms and
Conditions of Business (GTC) relate to all business relations between i-punkt
übersetzungen and its Customers
(the party placing the order).
Upon order placement, these Terms and Conditions shall be deemed
recognized by the Customer and shall apply for the entire length of business
relations. Any divergence from them or
amendment to them shall require the written form to be operative.
2.
Scope of Order
The order placed shall be handled with due care and diligence as
befitting the principles of professionalism. The Customer shall be provided
with the duly contracted piece of work. In the case of translations, matters of
style do not constitute object of the order.
3. Order Placement
The Customer shall place an order for translation with
i-punkt übersetzungen and specify the target language, target country,
special subject dealt with by the text, any particular requests for terminology
and the intended use of the text. If the
translation is to be published or used for advertising purposes in a specific
country, the text needs to be proofread by a second native speaker of the language
in question. If the Customer is not in a position to ensure as much, this shall
be made clear and an order placed with i-punkt übersetzungen for
proofreading that shall likewise be subject to payment. We shall not be liable for delays or
deficiencies in the provision of our services if said delays or deficiencies
have been generated by the incompleteness of order placement, incorrect or
incomplete transmission of the source text or by wording in the source text
that is misleading or faulty.
4. Involvement of the Customer
a) The Customer shall inform us in good time of any
specific requirements in presenting the translation (translation on data
carriers, number of copies, publication, layout of the translation etc.).
b) Information and documentation that is required or is to be taken into
consideration for the translation, shall be supplied in good time by the
Customer, without the Customer being explicitly requested to do so (background
material, customer glossaries, illustrations, tables etc.)
c) We shall not bear the cost of errors arising from non-compliance with
these obligations.
5. Delivery times
i-punkt übersetzungen always aims
at meeting the Customer’s specifications for delivery. It can, however, transpire that the delivery
date is at variance with that specified in the order confirmation, if the text
to be translated is particularly difficult or other reasons give cause for said
variance.
6. Payment and Conditions
Invoices shall be sent by postal service. The invoices
shall be due for payment 30 days at the latest after receipt. Discount shall not be accorded. Agreed deposits shall be due for payment
prior to delivery or partial delivery of the contracted order. With default in
payment, dunning costs and penalty interest shall be charged in line with
normal banking practices plus the value added tax required by law.
7. Retention of title
Until full payment of all receivables, the translation
shall remain the property of i-punkt übersetzungen. Until such time, the
Customer shall not be entitled to make use of the translation.
8. Force majeure, Rescission of Contract, Compensation of Damages
We shall not be liable for damages caused by
force majeure i.e. natural catastrophes, traffic congestions, network and
server breakdowns, electricity and transmission breakdowns or any other
difficulties for which we are not responsible. In such exceptional
circumstances, we shall be entitled to rescind the contract in whole or in
part. Furthermore, we
shall not be liable for damage generated by viruses. Our computers are regularly checked for
viruses. With the delivery of data
files, however, the Customer shall be responsible for ultimately checking the
files transmitted.
Orders for translations shall be subject to § 631 BGB – German Civil
Code. Among other matters, i-punkt
übersetzungen shall also be entitled to rescind a works contract existing
with the Customer exceptionally and without notice, if the Customer has failed
to participate significantly pursuant to § 642 BGB and it becomes unreasonable
to expect i-punkt übersetzungen, as contractors, to abide by the
contract as outcome of said failure. i-punkt
übersetzungen shall further retain the right to terminate a works contract
entered into with the Customer exceptionally and without notice, if the
Customer hinders the normal run of business and the price agreed upon for
normal business relations no longer proves viable.
The Customer shall only be entitled to rescind the contract in cases of
unjustifiable delay or impossibility with delivery, if the delivery deadline
has long been overstepped and i-punkt übersetzungen has been accorded an
appropriate period of grace by way of electronic or written notification.
Should the Customer fail to specify the intended use of the text upon
order placement, above all if the translation is to be published or even used
for advertising purposes, the Customer may not claim for damages generated by
the unsuitability of the text for the intended purpose or by any other deficiency
that becomes apparent. In this case, we shall retain the right to take action
for breach of copyright.
If the Customer fails to specify that the translation is intended to be
printed, fails to provide i-punkt übersetzungen with proofs prior
to printing or prints the text without having received our due release, the
Customer shall fully bear all
consequences derived from any deficiencies.
9. Acceptance, Liability and Complaints
The translation shall be checked by i-punkt
übersetzungen for completeness and obvious deficiencies and shall be
dispatched to the Customer. The period of time specified on the invoice for
payment shall be deemed the period of time for acceptance of the translation,
such as stipulated in § 640 I 3
BGB. As regards obvious deficiencies,
the translation shall be deemed accepted by the Customer, unless the Customer
gives notification of deficiencies by three days at the latest after receipt of
the translation. Notification of
concealed deficiencies shall be given immediately upon the discovery thereof,
at the latest, however, four weeks after receipt of the translation. Complaints shall be lodged in written form
and shall give precise specification of the deficiency in question. In the event the deficiency is justified and
has been properly notified, i-punkt übersetzungen shall, at its own
discretion, provide either remedy or an exchange, or reduce the price or
rescind the contract.
10. Jurisdiction
The contracted relationship and further business
relations between the Customer and i-punkt übersetzungen shall be
solely subject to German law, to the exclusion of laws governing the
international sale of good.
Jurisdiction for any and all disputes arising between the Customer
and i-punkt übersetzungen shall
lie exclusively with the proper courts in