General Business Conditions
1. General Information
Our interpreting and translation services, quotations and related services are provided exclusively according to the following terms and conditions, which apply for all future transactions unless specifically designated and agreed upon by both parties. When contracting our services, the client accepts these terms and conditions. Order confirmation referencing the client’s own business conditions are not valid without written agreement from ORTAC.
2. Offers and completion of contract
Our offers remain non-binding and without obligation until written confirmation of order has been received and verified by us. All interpreting and translation orders become effective and valid only through ORTAC’s written confirmation (Email, telefax, letter).
The same applies for all additions, changes, corrections or additional agreements. Our interpreters, translators and employees are not authorized to make additional or verbal agreements that go beyond the contents of the written contract unless explicitly contracted to do so by ORTAC.
Unless otherwise agreed upon, the written prices are binding. The prices are declared in Euro or U.S. Dollar if there has been no other agreement. Value added tax (VAT) is charged additionally. Pre-payment may be requested for extensive orders.
4. Delivery times and right to withdraw
Delivery and service delays caused by unforeseeable circumstances which impede our delivery or make delivery essentially impossible (force majeure, order of the authorities, restrictions of the firm) do not lie within our responsibility, even when definite deadline agreements have been made. Such delays entitle us to prolong the delivery deadline for the duration of the impeding circumstances (plus appropriate run-up-time); they also entitle us to partly – or, due to an uncompleted part of the order – withdraw from the contract completely. Should the impeding circumstances last for longer than three months, the client shall withdraw from the contract after an appropriate deadline has been exceeded concerning the uncompleted part. Should the date of delivery be prolonged or should ORTAC reserves the right to provide partial deliveries and partial services at any time. The client has the right to withdraw from the contract only if we have inappropriately exceeded the date of delivery and the client has provided an appropriate alternative deadline in writing.
Our employees translate the delivered texts according to their best knowledge and judgement. Completed translations convey the general sense of the original and are grammatically correct. A literal translation is only 100% possible with a wordlist-type of text. ORTAC cannot offer a guarantee in the truest sense of the word – texts “in context” are subjective. If the client has made no written objections within three days of delivery, the translation is counted as approved. Thereafter, the client relinquishes the right to further claims which may arise from possible, subjective flaws in the translation. Should the client lodge a complaint about the translation within the aforementioned time period and indicate an objective reason, this reason must be named and described exactly in writing. If the claim is legitimate, the client must allow ORTAC the opportunity to correct the mistake. Liability will only be accepted in the case of culpable negligence or intention. Liability shall not be accepted in the case of faulty or incomplete information supporting the translation provided by the client, or through the client’s failure to provide ORTAC necessary information or files in due time. Compensation may also not be claimed if the client has not named the purpose of the translation beforehand, then criticizing the accuracy of the translation upon completion.
6. Proprietary rights (intellectual property)
We reserve the right of ownership for translations delivered by us until complete fulfilment of all payments due. Until paid in full, the client is not entitled to usage of the translation. Should the client be late with payment or the client’s financial situation impede payment, the client is obliged to return all delivered texts and refrain from use.
Payment is due upon completion of services when no other arrangements have been agreed to beforehand. Our invoice is payable in full within eight calendar days. A payment has been made in full as soon as the full amount has been credited to the ORTAC Translation Services account. Should the client be late in payment, ORTAC is entitled to charge interest at the rate calculated by business banks for open account credits. Should circumstances become known to us that question the client’s credit-worthiness, especially if a cheque is not honoured or payment stopped, we are entitled to claim cash payment-upon-demand for the remainder of the debt, even when cheques have been accepted beforehand.
8. Liability Limitations
Claims for damages due to circumstances impeding service, due to conscious breaking of claims, due to fault at the completion of contract as well as according to the rules of the German Book of Trade Statutes (HGB), are not legitimate against us or our employees, unless in the event of intentional or culpably negligent action.
9. Applicable law, place of jurisdiction, partial invalidity
The law of the Federal Republic of Germany applies to these business conditions and the entire business relationship between ORTAC and our clients, especially regarding the rules of the German Book of Trade Statutes (HGB) and JVEG. Even when the client is a full businessperson in the sense of the trade statute book or a person of law, Giessen is the designated place of jurisdiction for all disagreements directly or indirectly arising out of the contractual relationship. Should a regulation dictating these business conditions or a regulation concerning other agreements be or become invalid, the validity of the agreement remains untouched.