General Terms and Conditions of Business of ARRIBA e.K.
1.1 Variations from our terms and conditions of business require our express written approval.
1.2 Orders are only binding on us if they have been confirmed or carried out by us in accordance with the order.
1.3 Specific delivery times are only binding if confirmed by us in writing.
1.4 We are entitled at our own discretion to engage the parties for the purposes of performance of the order. We remain liable for their careful selection. Claims against third parties will be relinquished on request.
1.5 Claims against us by the client may only be relinquished with our consent.
2.1 Our quotations are given without commitment. Prices are subject to VAT at the currently prevailing rate.
2.2 Translations will be charged according to the number of lines in the target language. This does not apply however to Asian languages. A standard line consists of 50 keystrokes. If not requested otherwise, translations will be based on the arrangement and layout of the original, subject to page displacement due to the different length of text in the target language. The number of lines will be rounded up to the nearest whole number. Tables count as complete lines. Urgent orders requiring overtime, night-time or holiday work may be subject to a 50% surcharge. The same applies to orders which must be completed within 24 hours.
2.3 Special types of dispatch required by the client will be charged to the client. Otherwise dispatch will take the form of normal or electronic mail.
2.4 Cost estimates should be considered only as approximate prices.
3. Payment conditions
3.1 Payment is due within 30 days of the invoice date, without detriment to the right of complaint. Counter-claims by the client may only be reconciled if such counter-claims are either undisputed or established in law. In the event of late payment, we reserve the right to decline provision of further services.
3.2 In the event of late payment, and without detriment to the right to claim further damages, we are entitled to charge interest at the rate of normal bank overdraft interest, and at least 3% above the current discount rate of the Deutsche Bundesbank.
3.3 We are entitled to request payment in advance. In the event of late payment on the part of the client, we are entitled to require immediate payment of all outstanding claims arising from the business relationship.
4. Rights and obligations of the client
4.1 The client must provide the best possible original version, and be available to answer questions relating to the order. Translations will be carried out without abridgement, supplements or other amendments.
4.2 The client guarantees observation of the rights of third parties, including those abroad. In case of infringement of the rights of third parties, the client indemnifies ARRIBA e.K. against all such claims.
4.3 Following payment in full, the translator transfers to the client all rights to the translation. Duplications of the translation, e.g. printing, may be made following invoicing of a 50% price surcharge and prior proof-reading. In cases where translations are used in printed matter, all liability is excluded if the printing proofs are not proof-read. Sentences 2 and 3 apply accordingly, if the translation is intended for use in another work. The client is obliged to inform us of any such use of the translation.
5.1 Liability under the following conditions is accepted only up to the amount of 3x the total invoice amount. If any possible damages suffered by the client exceed the above amount, or if unusually higher damages might be sustained, the client is obliged to draw our attention to this fact. In the event of acceptance of the order, we are in such cases entitled to take out separate insurance cover, the cost of which will be invoiced to the client.
5.2 We remain liable only in the event of deliberate or gross breach of contract. In the case of commercial entities, we only remain liable for assured properties in the event of our own deliberate or gross breach of contract.
5.3 All claims, including those relating to consequential damages as a result of faults, lapse within the legal limitation period.
5.4 If ARRIBA e.K. falls into arrears with performance of the order, the client is only entitled to withdraw from the contract following the setting of an appropriate subsequent completion period. Compensation for damages due to delay is excluded unless this is based on deliberate or gross negligence, and in the case of commercial entities, only deliberate or gross negligence on the part of a senior employee.
5.5 Our services are provided to the best of our knowledge and belief, but do not relieve the client of the obligation to check the work himself. Obvious faults must be reported in writing within two weeks following receipt of the translation, and at the latest prior to any further use of the translation. With regard to commercial entities, this applies to all faults. Concealed faults must be reported immediately on discovery. Specialised texts and advertising texts must be checked by the client himself for factual or advertising accuracy. We remain liable only in the event of deliberate or gross breach of contract. In the case of commercial entities, we only remain liable for assured properties in the event of our own deliberate or gross breach of contract or that of a senior employee.
5.6 Payments by the client may only be withheld to an appropriate extent in relation to reported faults. Commercial entities may only withhold payment if no justified doubt exists with regard to the faults.
5.7. An appropriate period must be set for the rectification of the fault. If this period elapses unsuccessfully, or rectification itself proves unsuccessful, or if such rectification is declined by us, the client may require reduction of the price. If no agreement can be reached on the amount of the reduction, the client may require cancellation of the contract. Further rights on the part of the client are excluded.
5.8 Claims by commercial entities are excluded one month following written rejection of the complaint by us, and at the latest on expiry of the legal guarantee period. The legal periods apply with regard to non-commercial entities. A requirement in all cases is the timely reporting of the complaint in accordance with § 5.5.
5.9 Liability for the loss of texts or documentation provided by us due to burglary, theft, fire, water, weather or loss in the post, is expressly excluded.
Both parties to the contract undertake to maintain strict confidentiality with regard to information on the technical and commercial knowledge of the other party to which they become privy in the course of the business relationship, and to use such information only for the purposes envisaged in the contract. This does not refer to knowledge in the public domain which becomes known without infringement of this confidentiality obligation, nor to information which at the time of disclosure to one party to the contract already formed part of the internal status of their technology.
If the client cancels his order, without being legally or contractually entitled to do so, he remains liable for payment of the costs incurred and the work completed up to such time.
8. Place of fulfilment and jurisdiction
Place of fulfilment for both parties to the contract is Aschaffenburg/Main. Place of jurisdiction, including for foreign exchange and cheques, if the client is a commercial entity or has no general place of adjudication within Germany, or moves outside the territory of the Federal Republic of Germany, or if his usual location is unknown, is Aschaffenburg am Main.
9. Concluding conditions
This contract is subject exclusively to the law of the Federal Republic of Germany, and to the exclusion of foreign law. If these terms and conditions prove to be invalid in part or contain any omission, this shall not affect the validity of the remaining conditions. These general terms and conditions of business are legally binding only in the original German version.
ARRIBA e.K. Aschaffenburg 10/08