General Terms and Conditions
- Our General Terms and Conditions apply exclusively; we do not recognize terms and conditions of our customers which conflict with or are contrary to our General Terms and Conditions unless we have explicitly approved the application of such terms and conditions in writing. Our General Terms and Conditions shall also apply if we unreservedly accept orders placed with us by customers in full awareness of the fact that such customer’s terms and conditions contradict or conflict with our General Terms and Conditions.
- Our General Terms and Conditions shall apply to all future business transactions with customers who are entrepreneurs as defined by section 14 of the German Civil Code (BGB).
InTra eG has the right to amend or make additions to these General Terms and Conditions. Amendments or additions shall be notified to the customer. Any amendments or additions which are to the disadvantage of the customer shall entitle the customer to terminate the contractual relationship with immediate effect within 7 days of receiving notification of such changes; thereafter the amendments and additions shall take effect.
Verbal subsidiary agreements, warranties and other agreements as well as amendments and additions to the contract shall only be valid if made in writing. This stipulation requiring written form may likewise only be waived in writing.
- In addition to our General Terms and Conditions, orders shall be performed subject to our fee list and the information provided in our offer as well as to any special agreements we make with the customer.
- If contracts are concluded subject to written confirmation or confirmation by fax, the content of InTra eG's letter of confirmation shall be authoritative unless it is rejected immediately by the recipient. InTra eG draws the attention of consumers (as defined in section 13 of the German Civil Code (BG)) to these consequences in its letter of confirmation.
- All translation orders placed with InTra eG shall be performed in compliance with DIN EN 15038.
- InTra eG shall translate the text into the requested language professionally and correctly and shall ensure that the translation is prepared without any abridgements, additions or other changes to the content of the source text. Translations shall be prepared according to the meaning of the source text literally or faithful to its meaning and intention in accordance with the average generally accepted quality standards of the translation industry for the respective language area.
- Remuneration for our work and services as well as compensation for expenses incurred by us in connection with the provision of work services shall be determined according to our fee list.
- Translations shall be provided as running text. Special requirements stipulated by the customer will be charged for separately.
- If translation work as a whole or in part is deemed to be a work within the meaning of the German Copyright Act (Urheberrechtsgesetz), InTra eG guarantees that the customer placing the order shall be permitted to use and exploit the supplied translations anywhere, in any content and in perpetuity (simple right of use and exploitation). This shall include the right to change and transfer the translation and the underlying rights to third parties. Notwithstanding the above, InTra eG shall be entitled to make use and exploit the translation work in full.
- Test translations of 3 or more standard pages will be charged for if an order is placed. The prices for test translations are stated in the applicable fee list.
- Invoices issued by InTra eG shall be due for payment at no discount and free of charge immediately upon receipt.
- In the event that due payment is not made on time, InTra eG shall have the right to charge customers who are consumers as defined by section 13 of the German Civil Code (BGB) interest on arrears of 5% and customers who are entrepreneurs as defined by section 14 BGB interest on arrears of 8% above the basic rate of interest as defined in section 247 BGB. InTra eG shall have the right to claim higher damages for delay and/or to assert other claims. The customer shall have the right to demonstrate to InTra eG that no damage or significantly less damage has been incurred as a result of the delay in payment. InTra eG reserves its proprietary rights to the translation and associated rights (rights of use and exploitation) and the right to transfer the same pending full payment of the remuneration.
- The customer shall only be entitled to rights of retention which are derived from the same contractual relationship. In other respects the right of retention is excluded. The customer shall only offset liabilities against claims of its own which are undisputed or recognized by final judgment. Rights arising from this contract may only be assigned with the prior consent of InTra eG.
- The customer shall be required to make payment in all cases. Payments by third parties shall be accepted on account of performance and only for the full amount of the invoice amount if they are received in good time and if the name of the customer, the order number and invoice number are stated clearly and unequivocally.
- If translations are dispatched to the customer by post or by any other means, the risk of accidental loss or deterioration or of delayed delivery shall pass to the customer when the consignment has been transferred to the transport agent.
- InTra eG shall exercise reasonable care in its use of terminology. The customer's corporate terminology will only be used if sufficiently comprehensive documents, such as pre-translations or terminology lists, have been made available when the order is placed at the latest.
- As far as legally permissible InTra eG disclaims all liability for the use of vocabulary which is used specifically at the request or stipulation of the customer.
- InTra eG shall be liable to the customer, regardless of legal grounds, for damages caused either willfully or by gross negligence by InTra eG or its agents in performance. Liability for ordinary negligence shall be limited to instances of breach of contractual conditions or of injury to life, limb or health or the warranted existence of a characteristic feature. The liability of InTra eG or its agents in performance for cases of ordinarily negligent breach of duty shall be limited to foreseeable damages which are intrinsic to the contract. Liability for a single case of damages shall be limited to €250,000. This limitation shall not apply to injuries to life, limb and health. If substantially greater damages are foreseeable, InTra eG shall make an offer to the customer to accept liability for a higher amount.
- As far as legally permissible InTra eG shall incur no liability for the correct reproduction/translation of numbers and proper names.
- InTra eG's liability for the translation of contracts or other documents shall be limited to liability for the correct translation. As far as legally permissible liability of any other kind, including but not limited to liability for the legal consequences of translations, is excluded.
- As far as legally permissible InTra eG shall incur no liability if, at the time an order is accepted, the customer's attention is drawn to the fact that the deadline stated by the customer is too short and may result in quality impairments.
- InTra eG shall only be liable for the later reproduction of translations in printed form if InTra eG has first given its go-ahead to the printing copy and if this copy has been sent for printing.
- The customer shall have the right to cancel the order at any time prior to completion of the translation.
If an order which has been placed by the customer is terminated after the order has already been issued to a translator, the customer shall be liable for a cancellation fee of €25. If at the time the order is cancelled work has already begun on the translation, the customer will be liable to reimburse the costs incurred up to this point in time as measured by the progress made on the translation. The claim to reimbursement of costs shall in all cases amount to a minimum of 50% of the value of the order.
Documents which are made available by the customer for the purposes of the translation shall be automatically returned immediately upon completion of the translation work. Data received from the customer in connection with the order or the electronic file containing the translation itself shall remain in the archives kept by InTra eG unless the customer explicitly states that its personal data or the text provided by the customer for translation must be deleted.
- The place of performance for customers which are registered traders, legal persons or a special fund under public law or have their place of residence outside the Federal Republic of Germany shall be InTra eG's business premises.
- If the customer is a registered trader or a legal person or special fund under public law, InTra eG shall be entitled to bring an action within the jurisdiction of the place of performance and may only be sued within such jurisdiction. The place of general jurisdiction of the applicant (InTra eG) shall be the sole venue for default actions.
- The legal relationships between the customer and InTra eG are subject to German law.
(23 April 2015)