General Terms and Conditions of Business

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1. General
1.1 These general terms and conditions (AGB) apply to all business with our customers.
1.2 By placing an order the customer accepts our AGB, which shall apply throughout the period of the business relationship. They shall also apply to future business. 
1.3 Our terms and conditions shall take precedence over those of our customers. This applies even when the terms and conditions of our customers claim priority. The terms and conditions of our customers shall only be binding on us when we expressly agree to them.

2. Placing the order
2.1 The customer shall submit the text to be translated in electronic or other form.
2.2 The customer shall inform us of the target language of the text and, if applicable, any special terminology requirements. 
2.3 The customer may select from several available data formats for preparation of the translation.

3. The customer’s duty of co-operation and clarification 
3.1 The customer shall notify dualis Übersetzungen GmbH in good time regarding any special form of execution for the translation (translation on data carriers, number of copies, print-ready, etc.).
3.2 If the translation is intended for printing, the customer shall provide dualis Übersetzungen GmbH with a proof print.
3.3 Information and documents needed to prepare the translation shall be provided to dualis Übersetzungen GmbH by the customer on its own initiative and in good time (glossaries, diagrams, drawings, tables, abbreviations etc.).
3.4 Errors that occur owing to the customer's failure to comply with these requirements shall not be the responsibility of dualis Übersetzungen GmbH, but of the customer.

4. Execution by third parties
4.1 We may make use of third parties to execute all orders.
4.2 Insofar as dualis Übersetzungen GmbH is liable for careful selection of third parties, dualis Übersetzungen GmbH shall have fulfilled its duty of careful selection if the third party commissioned is a translator/interpreter legally sworn/authorised for the relevant language.
4.3 Contact between the customer and any of the third parties employed by us is only permissible with our consent.
4.4 The customer’s contractual business relationship shall exist only between the customer and ourselves.

5. Protection of secrecy
5.1 All texts shall be treated confidentially and we undertake to keep secret all facts made known to us in connection with our work for the customer.
5.2 The customer shall agree to the electronic transmission of data and texts relating to the order (particularly by email). Any different treatment shall require written communication from the customer to us.
5.3 Given the risks of third parties viewing and accessing texts and data transmitted electronically, as well as any other communication in electronic form, we cannot guarantee absolute protection of business and information secrets or any other confidential data and information.

6. Prices and payment terms
6.1 All our offers and prices are subject to cancellation or change at any time provided the customer has not yet accepted the offer.
6.2 Prices shall be in Euros plus sales tax, unless otherwise agreed. The basis for calculating the translation shall normally be the translated line in the target language. A minimum order fee shall be applied.
6.3 Invoices shall be payable within 14 days net following receipt of invoice.
If the customer defaults on payment we shall be entitled to demand interest of 5% above the base rate per year.
6.4 In the event of default we shall be entitled to demand immediate payment of all claims relating to the same legal relationship.
6.5 The customer shall only be entitled to set-off if its counter claims are either legally established or uncontested or recognised by us.
6.6 We shall be entitled to an appropriate down payment or payment by instalments corresponding to the completed quantity of text. 
6.7 The translation shall remain our property until full payment has been made. Until then the customer shall have no right of use.
6.8 A customer's assignment of rights arising from a contract shall require our consent in writing.

7. Delivery dates
7.1 Delivery dates shall be quoted to the customer according to the best of our knowledge and belief. These can only ever be provisional dates. A fixed date is only binding when expressly agreed.
7.2 The customer shall be required to provide us with a suitable additional period of time, unless otherwise mutually agreed. 

8. Disruption, force majeure, closure or curtailment of the business, network and server errors and viruses
8.1 We shall not be liable for any losses that may arise from disruption to our business, in particular instances of force majeure, traffic disruption, network or server error or any other line or transmission disruption or other obstacles beyond our control. In such exceptional cases we shall be entitled to withdraw from the contract in full or in part and the customer shall not be entitled to make any claim on these grounds.
8.2 Similarly, we shall not be liable for any losses that may occur due to viruses, unless we have failed to take protective measures (virus protection programs and other appropriate protective measures).
8.3 On delivery of files by email, modem or any other remote transmission, the customer shall be responsible for a final check of full and correct transmission of the transmitted files and text. Any compensation claim based on a breach of this requirement shall not be recognised.

9. Guarantee
9.1 We do not guarantee particular translation characteristics in respect of the suitability of the translated text for a specific purpose intended by the customer.
9.2 In the event of any deficiency for which we are responsible, we shall be entitled to rectify said deficiency within a period that is reasonable for us.
9.3 Following two failed attempts to rectify the deficiency, the customer may demand a price reduction or withdraw from the contract.
9.4 We shall only be obliged to provide compensation in the event of wilful intent or gross negligence. This restriction shall not apply to injury to the life, person or health of the injured party. This disclaimer of liability shall apply to any compensation (even on the grounds of unlawful acts and fault during contract negotiations).
9.5 The period of limitation for claims arising from dereliction of duties shall be one year following delivery of the translation.

10. Securities
The customer shall be obliged at our request to provide us with security for the cost of the translation service in accordance with the legal concept pursuant to § 648a of the German Civil Code. In this context the compensation regulation contained in § 648a of the German Civil Code is also deemed agreed. This shall not affect our pledge and security rights.

11. Final provisions
11.1 If the customer is a fully qualified businessman, our registered office shall be the place of jurisdiction. We shall however be entitled to take legal action against the customer at the place of jurisdiction where he is domiciled.
11.2 Should a (sub) provision of this contract prove or become invalid, this shall not affect the validity of the remainder of the contract.