General Conditions of Sales

General Terms and Conditions of Business

of

ALPHATRAD Germany GmbH Lebacher Strasse 4, D - 66113 Saarbrücken

Phone: 0 800 101 43 63

Fax: 0 800 101 43 64

From abroad:

Phone: +49 681 99 63 825

Fax: +49 681 99 63 828

Email: germany@alphatrad.de

 

§ 1 Scope

1. The following General Terms and Conditions of Business apply exclusively to all present and future business relationships with our customers. They are known upon placement of an order. The General Terms and Conditions of Business apply to all future business relationships even if they are not expressly agreed upon again. Deviating, conflicting or supplementary general terms and conditions of the contractual partner do not become content of the contract even if ALPHATRAD is aware of them but ALPHATRAD does not explicitly object to them again.

2. Consumers in the sense of the General Terms and Conditions of Business are natural persons with whom a business relationship is initiated without being able to be ascribed to a commercial or independent professional activity.

3. Contractors in the sense of the General Terms and Conditions of Business are natural persons or legal persons with whom a business relationship is initiated who are performing a commercial or independent professional activity.

4. Customers in the sense of the General Terms and Conditions of Business are both Consumers as well as Contractors.

 

§ 2 Conclusion of Contract and Implementation

1. All order offers are always to be sent by email, fax or by mail and only to the address designated by ALPHATRAD.

2.The order must include information on the specialised field, target language, requests for implementation and the desired purpose of use of the text to be translated, designation of a contact person for the Customer and all additional information required to properly prepare the translation.

3. The order is considered accepted with legally valid effect if ALPHATRAD confirms acceptance of the text for translation in writing by email, fax or by mail.

4.The Customer is obligated to send each text to be translated in machine-readable or printed form. Any other form is precluded.

5. The Customer must enclose reference documents relevant to technical texts and/or figures or diagrams which make it possible to understand the technical texts. The translated technical terms are standardised taking into account the definitions which are prescribed from the relevant technical dictionaries.

6.In the event of formal or objective difficulties when understanding the texts, the Customer is obligated to provide ALPHATRAD with all of the information required with the help of the designated contact person to prepare the translation properly.

7. Every change of the text to be translated must be the subject of a precise, written order of the Customer which is sent by the Customer by fax, mail or email to ALPHATRAD.

 

§ 3 Rights of Use

Upon placement of an order, the Customer explicitly ensures that he is entitled to all copyrights and / or other rights of use which are required to process the order. Furthermore, the Customer transfers all rights required for the translation to ALPHATRAD in the requisite scope upon placement of the order. The Customer indemnifies ALPHATRAD from all claims of third parties, including any costs of legal proceedings incurred.

 

§ 4 Terms of Delivery

The delivery times provided in the cost estimate and in the order confirmation are not binding. In the event of difficulties in understanding the text, the delivery time is extended to include time required for consultation with the contact person and to clarify the difficulties. The delivery time is considered met when the complete order was sent in a timely manner in such a way that the order would be received by the Customer on time taking into account the usual travel times for each respective form of shipment are taken into account. ALPHATRAD is not liable for delays which result from circumstances of force majeure or for reasons which are beyond the control of ALPHATRAD.

 

§ 5 Terms of Payment

1. Prices are net price plus the respective applicable VAT. The calculation unit for translations is the standard line.

2. No discount is granted if nothing to the contrary has been agreed upon in writing.

3. The Customer is obligated to pay the translation fee within 30 days after receipt of the invoice. The Customer is in payment arrears upon expiration of this stipulated time period.

4. The Contractor must charge interest as a monetary penalty in the amount of eight percent above the basic interest rate during payment arrears. ALPHATRAD reserves the right to demonstrate higher damages resulting from payment arrears to the Contractor and to assert such claims.

5. The Customer only is entitled to an offset if his counter-claims have been acknowledged as legally valid or were acknowledged in writing by ALPHATRAD.

6. The Customer can only exercise a right of retention if his counter-claim is based on the same contractual relationship.

7. In the event of payment arrears, ALPHATRAD reserves the right to suspend the performance of any work which is in progress.

 

§ 6 Retention of Ownership

1. For contracts with Consumers, the translations remain the property of

ALPHATRAD until complete payment of the fees has been made.

2. For contracts with Contractors, ALPHATRAD reserves the right to ownership to the translations until all claims from the current business relationship are completely settled.

 

§ 7 Guarantee

1. ALPHATRAD is always obligated to prepare a working translation which is free of defects. More extensive implementation requests already must be clearly identified in the correspondence on the order.

2. ALPHATRAD is to be informed in writing within one week following delivery of a translation at the latest to be considered. The original documents and the translations which are disputed are to be enclosed with the notice of defects with an indication of the areas which have been translated erroneously. Upon expiration of this period of time, no claims can be asserted due to defects in the translation.

3. In the event that defects are reported, the Customer must grant ALPHATRAD a reasonable period of time to remedy the defects indicated at no charge. If the remedy is unsuccessful, the Customer is entitled to request a reduction in price or to cancel the contract.

 

§ 8 Liability

1. The liability of ALPHATRAD for malicious intent and gross negligence is limited only to the amount of the order value. Liability for slight negligence only applies in the event of a violation of major contractual obligations.

2. ALPHATRAD provides a guarantee for the print-ready state of the translation only in the event that the Customer has explicitly indicated this special request to ALPHATRAD in the written order and has placed the printed flags for correction also in terms of the content and the ability to review the work within a reasonable period of time has been provided. Otherwise guarantees or damage claims of any kind are precluded.

3. The translations are intended for sole use of the Customer. He alone assumes unlimited liability for each duplication for commercial, advertising or other purposes.

4. ALPHATRAD is not liable for data transmission malfunctions which are out of its own sphere of responsibility. Furthermore, ALPHATRAD is not responsible for the transmission of viruses and the damages they cause if ALPHATRAD regularly has its software and files checks by an appropriate anti-virus program. ALPHATRAD is also not liable for the unauthorised access of third parties to customer data which could not be prevented despite appropriate technical precautions.

 

§ 9 Cancellation

1. In the event of a cancellation of a translation order for reasons which are not the fault of ALPHATRAD, the work that has already been performed shall be billed at

100%.

2. In the event of cancellation of an order for an interpreter or translation work for reasons which are not the fault of ALPHATRAD, ALPHATRAD shall charge the following compensation:

- Cancellation up to five days before the agreed upon deadline:      50 % of the fee

- Cancellation up to three days before the agreed upon deadline:   75 % of the fee

- The complete fee is invoiced for cancellations which occur at a later time.

 

§ 10 Confidentiality

ALPHATRAD is obligated to maintain confidentiality on information regarding the customer which become known during the business relationship and the content of the transferred documents and not to communicate or make information of this type accessible to third parties in any form. The confidentiality resulting from the terms of this paragraph is subject to the liability limitations in accordance with § 8 of the General Terms and Conditions of Business.

 

§ 11 Severability Clause

If individual provisions of the contract with the Customer included these General Terms and Conditions of Business should be or become invalid in part or in their entirety, the validity of the remaining provisions shall otherwise remain unaffected. The partially or fully invalid provision is to be replaced by a provision which most closely approximately the financial success of the invalid provision.

 

§ 12 Applicable Law, Jurisdiction

1. If the Customer is a merchant, legal person under public law or a public law special asset, the exclusive jurisdiction for all disputes which relate to the contract with the Customer or these General Terms and Conditions of Business is the headquarters of ALPHATRAD GERMANY GmbH. This applies if the Customer has no general jurisdiction in Germany. ALPHATRAD is also entitled to file suit at the Customer's location.

2. The laws of the Federal Republic of Germany apply exclusively to all business relationships with the Customer.