between The Translation People GmbH and Suppliers for the Provision of Goods & Services
The following general terms and conditions of business shall apply to the use and supply of goods and services to The Translation People GmbH. These general terms and conditions are accepted by the contractor or supplier when the order is issued and apply for the entire duration of the business relationship. Any conditions of the contractor or supplier to the contrary are expressly excluded. They shall only apply if they have been expressly accepted by us in writing on a case by case basis.
“The Company” and “We” mean The Translation People GmbH.
“Work” means any translation, interpreting, typesetting, artwork, printing or any other goods or services supplied by the Company.
“Client” means any person, firm or company to whom the Company shall supply or contract to supply Work.
“Conditions” means these terms and conditions of service.
“Supplier” means any translator, interpreter, typesetter, artist, proof-reader or supplier or other person who shall have been engaged either as an employee or independent contractor by the Company and who shall have provided Work for such Client directly or indirectly through the Company.
No conditions other than those set out herein nor any variation thereof shall be binding on the Company unless otherwise specifically agreed in writing by a Director of the Company. These Conditions shall be incorporated in every offer, acceptance and contract for Work by the Company and subject to the foregoing any conditions proposed by the Supplier are hereby excluded.
3.Orders and Amendments
Orders are only made in writing. Verbal orders or orders made by telephone are only valid if they have been confirmed by us in writing. All additions and amendments to contracts and verbal agreements require our written confirmation in order to be effective.
4.Execution of the ordered service
4.1 Provided that nothing else has been agreed, the supplier undertakes to provide best execution and quality for the goods or services it is bound to supply. If the supplier is obliged to provide services, it is liable for ensuring that it or the staff it employs has the necessary formal academic or vocational qualifications and professional experience. If a translation has to be prepared, the supplier is only allowed to employ a third person who has the necessary qualifications and aptitude to complete such a translation with our prior agreement. The Company will specify in writing if the proofreading that has been commissioned shall only involve checking the text that has already been translated to ensure there are no omissions and that the spelling is correct or if it has to be reviewed from the point of view of style or involve a complete re-translation.
4.2 When the order is placed, the supplier shall undertake to carry out all additions to the order that we may require (author corrections) as directed. Overall acceptance of the order can only be effected once the last addition has been made.
5.Quotations for Work
5.1 The Company accepts delivery of all Supplier’s quotations subject to subsequent confirmation and no contract shall be concluded until such confirmation is given. Any written Supplier’s quotation for Work will remain open for acceptance for at least 30 days after despatch. Each order when confirmed constitutes a separate contract which shall be subject to these Conditions. Quotations for Work are binding.
5.2 The supplier shall ensure that the estimate is accurate. If an individual order is placed on the basis of an estimate and if it transpires during the provision of the services that other or more complicated work as agreed is required which would lead to the agreed price being exceeded, the supplier must notify us of this by providing us with a notification of the additional expense. We must make our decision about extending the order immediately and inform the supplier in writing. However, we also reserve the right not to extend the order.
Deliveries are made free-of-charge to our premises. The supplier shall ensure that suitable packaging and means of transport are available.
Our order number must be specified on all invoices, delivery notes and any other forms of written correspondence. In principle, all prices are net prices. The VAT must be shown separately on the invoice in accordance with the relevant legal provisions.
8.Payment Method and Acceptance
Payment shall be made within 60 days from receipt of the invoice following receipt of goods or services unless otherwise specifically agreed in writing by a Director of the Company. Payments are made after the goods or services have been delivered, following the correct invoicing and provided that we do not enforce a right to refuse acceptance of work or a right of retention. Inaccurate invoices will be returned to the Supplier. If the supplier is providing goods or services within a framework agreement, the Company and the Supplier will agree beforehand on how the execution of individual orders are to be billed. Unconditional acceptance on our part is excluded.
9.1 If the Supplier defaults, it must reimburse us for the loss that arises as a result of the delay. We are also entitled to withdraw from the contract and to demand compensation for non-fulfilment.
9.2 The supplier is said to be in default if, despite the fact that a specific service provision deadline has been agreed, it fails to provide the service by this deadline or if a specific service provision deadline has not been agreed, still fails to provide the services despite a reminder having been issued.
9.3 Deliveries are made at the supplier’s risk. If the shipment or the transportation has become the reason for the delayed delivery or non-fulfilment, the cost for this shall be borne by the supplier.
9.4 We reserve the right to demand compensation if there is consequential damage.
10.1 The supplier shall ensure that the goods or services it provides are free from defects and feature the warranted characteristics. The liability of the supplier in this respect is unlimited. If the provided service is defective or if a warranted characteristic is missing, we can demand, depending on the choice we make, that the service is modified, reduced or rectified or demand compensation in the event of non-fulfilment. In urgent cases or if the supplier does not rectify the defect immediately or is behind schedule with regard to eliminating the defect, we can remove the defect ourselves or have it removed by third parties and demand reimbursement from the Supplier for the expense we have incurred.
10.2 Our warranty rights prescribe in one year provided that a longer period of time has not been agreed or been laid down in law. The limitation period begins when the work is accepted or when the sales item is delivered. If a replacement delivery is made or if the defect is rectified, a new warranty period comes into force. Notice of defects can be given until the statutory warranty period expires.
The Company reserve the right to ask the Supplier to sign a separate confidentiality agreement.
We are entitled to satisfy ourselves that the services are being performed in accordance with the contract while the work is being carried out, to view execution and inspection documents and to demand any information relating to the execution of the order.
These Conditions shall be interpreted in accordance with German law and the Company and the Supplier irrevocably submit to the non-exclusive jurisdiction of the German courts.
If one of more of the provisions of these terms and conditions turns out to be invalid initially or at a later stage, the validity of the remaining provisions shall not be affected.