These
General Terms and Conditions apply to all
business dealings between BBT - Breaking
Barriers Translations and our clients. By
placing an order, the client accepts our General
Terms and Conditions, which apply for the entire
duration of the business relationship. Thus, the
General Terms and Conditions shall apply not
only to the initial business transaction, but to
all future transactions as well.
Our
quotes are subject to change with regard to
prices, volume, delivery schedules and terms as
well as the capability to deliver until an order
has been placed and accepted.
Our
General Terms and Conditions shall be deemed
accepted and any conflicting General Terms and
Conditions are deemed superceded, unless we
receive a written notice within three days
stating the term or condition that is not
acceptable and the extent to which it is not
acceptable.
Agreements
regarding deliveries, changes, additions, and
ancillary agreements made with our clients shall
become binding only after we have confirmed them
in writing. The client in the event of obvious
errors, discrepancies with the catalog,
descriptions, or illustrations, and/or spelling
or arithmetical errors can make no claims.
The
client's General Terms and Conditions shall be
deemed binding for us only if we have explicitly
recognized and accepted them in writing.
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The
client shall place an order in electronic format
or another format. In the interest of making our
collaboration as efficient and as smooth as
possible, we also accept orders placed over the
phone or other informal orders. Any potential
problems arising from orders that have not been
submitted in writing and any attendant costs
that are incurred shall be borne by the client.
For
this purpose, the client shall specify the
target language, topic, subject area, and the
length of the text and, if applicable, any
special wishes regarding terminology. The client
shall indicate the purpose of the translation
and date of delivery. The client can select the
desired format for the translation from several
different possibilities.
Texts
sent by the client electronically will be
acknowledged in written form (e.g. e-mail). An
order shall be considered as actually placed
only if we have acknowledged it in written form
(e.g. e-mail). We cannot be made liable for
delays or faulty workmanship resulting from
unclear, incorrect, or incomplete order
placement or from errors or ambiguous,
misleading, or incorrect wording in the source
text.
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We
are entitled to employ third parties to help us
provide our clients with services, if we find
this to be appropriate or necessary. Our
liability in this case is limited to careful
selection of these third parties. Our obligation
of due diligence is fulfilled, if the third
party is a translator or interpreter who has
been sworn or certified by a court for the
respective language or with whom we or other
agencies or translators who are known to us,
have worked successfully in the past. The
business relationship exists exclusively between
the client and our team. Any contact between the
client and a third party employed by us requires
our prior consent.
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All
estimates and prices are subject to change.
Prices are quoted in US Dollars. For large-scale
jobs, we may request partial payment in advance
or in installments according to the completed
amount of text.
Any
published, non-binding price lists are subject
to change without notice. Prices quoted or
invoiced or conditions granted in the past do
not imply the same prices or conditions for
future jobs, except by written agreement.
Deviations from published prices, surcharges for
rush delivery or other additional charges shall
be communicated to the client with the
confirmation of the order. The client will not
be charged for shipping, postage, and other
service charges provided that they are within
customary levels; exceptions are delivery by
messenger or courier, overnight delivery, etc.
if so requested by the client.
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Delivery
schedules are specified according to the best of
our knowledge and intention. However, they are
always only approximate deadlines. Delivery is
deemed to have been made when the translation
has been verifiably (sent log) sent to the
client. The usual method of delivery is via
e-mail. Upon the client's request, the
translation can be faxed, sent on a CD or as a
hard copy via post.
All
deadlines and times are Eastern Time USA and
Canada.
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We
cannot be held liable for damages resulting from
disruptions of our operations, including but not
limited to force majeure, e.g. acts of God and
disruption of communications or traffic, network
and server errors, other potential line or
transmission disruptions, or other: obstacles
that are beyond our control. In such exceptional
circumstances, we are entitled to withdraw from
the agreement in whole or in part. The same
applies to temporary closure or curtailment of
business operations in whole or in part for good
cause, including but not limited to our online
services.
Likewise,
we cannot be held liable for damages caused by
viruses. To avoid the risk of virus infections,
we use anti-virus software with virus
definitions that are regularly updated and
recommend that our clients do likewise. If files
are delivered via e-mail, FTP, modem, or any
other data link, the client is responsible for a
final check of the transferred files and/or
texts. Claims for compensation for damages
resulting from events as stipulated herein above
are excluded.
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Unless
a separate agreement has been made regarding the
quality of the translation and/or unless special
requirements are apparent from the type of work
order itself, we will translate the text for the
purpose of information in accordance with our
highest standards so that the translation is
both grammatically correct and true to the
spirit of the source text.
Unless
the client promptly, but no later than within
five days (receipt in our office), makes an
objection in writing, the translation shall be
deemed approved and accepted. In this event, the
client waives any and all (legal) claims he
would have had based on any potential
shortcomings in the translation.
If
the client gives notice within this five-day
period of an objectively existing, significant
error or defect, this error or defect must be
described as precisely as possible, and we must
be given the opportunity to revise this part of
the text. This also applies to rush jobs with
very short deadlines. If a revision remains
verifiably unsuccessful, the client is entitled
to a price reduction or is entitled to cancel
the work order. Further claims, including
compensatory damages for failure to perform or
nonfeasance, are excluded. Liability is limited
to the maximum value of the corresponding work
order.
We
are liable solely in the event of culpable or
gross negligence or intent; liability for simple
or minor negligence is applicable only when
significant contractual obligations have been
breached.
In
the event of damage claims by third parties, any
right of recourse is expressly excluded. We are
not liable for errors in the translation that
are caused by faulty, incomplete, or late
information or files provided by the client or
by faulty or illegible (in whole or in part)
source texts.
If
the client does not state the intended use of
the translation, especially if it is intended
for publication or advertising, the client is
not entitled to claim indemnification for
damages that resulted because the text was
inappropriate for the intended use: and/or
because the publication or advertising had to be
redone because of an inappropriate adaptation,
or if it resulted in a loss of image or
reputation for the client.
If
the client does not indicate that a translation
is to be published and if no galley proof is
sent for review prior to going to print and if
the text is printed without our approval, any
shortcomings or errors are the client's
responsibility.
If
a claim is made against our team due to
copyright infringement or third party claims,
the client shall indemnify and hold us harmless
to the fullest extent from liability for such
claims.
We
are not responsible or liable for materials made
available by the client, work order components,
warranted qualities, shipping instructions,
processing guidelines, etc. unless a written
agreement to the contrary has been made with the
client. We are not responsible for inspecting or
reviewing these with regard to their compliance
with the Product Liability Act with
respect to compliance with statutory standards
and/or norms. In such cases, the client is
unconditionally liable and shall indemnify and
hold us harmless to the fullest extent from any
and all claims by third parties from the time
such claims are made.
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The
client has the right to cancel the agreement in
the event of late delivery or impossibility of
delivery for which we are responsible only if
the delivery date agreed upon has been
unreasonably exceeded and the client has given
us written notice stating a reasonable grace
period.
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The
assignment of rights under an agreement by the
client requires our prior consent in writing.
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If
you do not represent a verifiable translation
agency or company, payment must be received in
advance prior starting our service.
Unless
otherwise agreed, we shall invoice the fee for
our service to the client immediately after the
translation is completed. Payment is due no
later than 30 days after the invoice date, net,
with no discounts, by PayPal, Western-Union,
cashier checks, money orders, (no personal
checks) ; set-off claims and the right to
retention are excluded.
Customers
outside of the US, please note: payments will
only be accepted in US Dollars, drawn from a US
Dollar account. Any other form of payment
(including international bank transfer) will
incur a surcharge of $10 - $30, depending on the
country you are located in.
For
translation agencies and companies, payments are
due within 30 days of receipt of the invoice.
If
payment has not been received on the due date,
the client shall be deemed in default of
payment, with no further notice required. In the
event of payment default, we are entitled,
without prejudice to any additional claims, to
invoice interest and commissions in accordance
with the standard rates of USA banks for
short-term loans, with a minimum interest of
3.5%. If the client is in arrears with his
obligations within the scope of our business
relationship, or if we receive notice of
conditions that diminish the credit worthiness
of the client (e.g. execution of a court or
administrative court judgment, commencement of
bankruptcy or settlement proceedings, negative
information from recognized credit reporting
organizations, etc.), we are entitled to make
further deliveries subject to advance payment
and to immediately call due any deferred
receivables.
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The
delivered translation and the copyright thereto
shall remain our property until all receivables
have been fully paid. Prior to this point in
time, the client has no right of use or
exploitation. In the event that the translation
has been prepared for a third party, we retain
the right to notify this third party of our
unpaid receivables and the resulting illegality
of the use or exploitation of said translation
and to request payment of receivables and
associated costs from this third party.
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Shipment
or electronic transmission is at the client's
risk. We are not liable for faulty or
detrimental transfer neither of the texts or
their loss, nor for damage or loss of the texts
if they are not transmitted electronically.
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All texts are treated as confidential,
and we undertake to keep all information that we
learn within the scope of our work for a client
in the strictest confidence. Due to electronic
transfer of texts or data and other forms of
electronic communication between the client,
ourselves, and our subcontractors, we cannot
guarantee the absolute confidentiality with
regard to any information or business or trade
secrets or other confidential data and
information, as the risk cannot be excluded that
unauthorized third parties can access the
transmitted texts electronically.
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The
contractual relationship and any other business
relations between the client and our team are
subject exclusively to USA law. Insofar as it is
legally admissible, the sole place of
jurisdiction for any and all disputes for both
parties is the United States of America,
Florida.
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In
accordance with and within the limits of data
protection regulations, we are entitled to
process and store the client's personal data.
Should
one or more of the clauses of these General
Terms and Conditions be or become null and void,
this shall not affect the validity of the
remaining clauses. The invalid clause shall be
replaced or amended as agreed by both parties in
such a way that the originally intended
economical purpose shall be achieved to the
greatest extent possible within the limits
prescribed by law or regulations.
The
contractual relationship between the client and
our team is subject to the laws of the United
States of America.
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