General terms and conditions
These General Terms and Conditions apply to all organisations of the Transline Group which have not published their own General Terms and Conditions.
Updated in December 2002. The General Terms and Conditions published on this website are subject to change at short notice in the future. Please also read the Conditions of Use for This Website in this regard.
These General Terms and Conditions apply to all present and future business relations of Transline Deutschland GmbH (TDE) with its customers, even in cases where TDE does not refer to these General Terms and Conditions when accepting individual orders.
Language services (interpreting and translating) are "Dienstleistungen" ('services' according to German law). Orders will be completed in accordance with the conditions below. Divergent terms of the customer, unless expressly agreed to in writing by TDE, are not binding for TDE and shall be regarded as refused. Verbal agreements shall not be legally valid unless confirmed by TDE in writing.
Verbal quotations shall not be binding and must be confirmed in writing. The contractual relationship with TDE shall only be deemed to have been established through the issuance of a written order confirmation.
The task of a translator is to convey the linguistically and factually correct meaning of a given text in another language. The customer shall be liable for errors in the source text. TDE may not be held liable for errors in printed documents if the proofs were not submitted to TDE. Customer-specific terminology shall only be taken into consideration by agreement and is subject to the provision of adequate and complete documentation, e.g. previous translations or terminology lists provided at the time of placing the order. Additional services such as DTP layout, printing, HTML files, etc., shall be subject to separate agreement upon conclusion of the contract and shall be invoiced separately.
4. Delivery dates
Delivery dates shall not be valid unless they have been expressly confirmed by TDE in writing. Should a delay in delivery by TDE occur, TDE shall first be granted a reasonable additional period for completion. Only upon expiration of this additional period without completion of performance shall the customer be entitled to demand cancellation of the contract or reduction of the price. Any further claims are excluded. The customer remains liable for payment for the work performed by TDE up to the time of the customer's threat of refusal. The customer shall not be entitled to claim cancellation or reduction if the delay is due to force majeure or other circumstances over which TDE has no control.
5. Terms of payment
Invoices from TDE are due for payment in full without discount immediately upon receipt. If the customer is late in making payment, TDE is entitled to charge interest at the rate of 5% over the basic interest rate of the Deutsche Bundesbank until the entire amount due is received. The customer alone is liable for payment; payments by other parties shall be accepted conditionally, only if they are received on time in the full amount of the invoice and the identity of the customer, the invoice number and the order number are clearly recognisable. The customer has no right to retain any portion of a payment. The customer may not offset an invoice against other claims unless these are undisputed or legally enforceable.
6. Completion and transfer of risk
The work of TDE shall be deemed to have been completed upon posting of the translation by mail, turning it over to another forwarding agent commissioned by TDE, or performing a logged input into the agreed-upon electronic transmission medium (such as the Internet). Source texts shall be returned only at the request and risk of the customer.
The copyright and all rights of use of translations, text adaptations, terminology databases and documentation produced by TDE are retained by TDE until complete payment of the invoice has been made to TDE. These rights pass to the customer only after receipt of the full invoiced amount.
8. Guarantee and liability
TDE must be notified of any errors in the translation within four weeks of dispatch (date of TDE's delivery note or invoice). TDE cannot be held liable for damages which arise because the customer forwarded the product of the service without review. Where complaints are found to be justified, TDE is entitled to make subsequent improvements. Only if these subsequent improvements also prove to be deficient shall the customer be entitled to withdraw from the contract. Any further claims, on whatever legal basis, are excluded. In the event that the translation is to be printed, TDE shall be liable for consequential losses, provided that the proofs are submitted to TDE for approval before printing. If the customer requires the use of its own specialised terminology, TDE shall be exempt from any liability in that respect. The liability of TDE in each case of negligence shall be limited to the maximum insurance sum agreed for TDE's employer and professional liability insurance.
9. Place of jurisdiction and applicable law
The place of performance and jurisdiction for all claims and legal disputes arising out of the contractual relationship shall be Reutlingen. German law applies.
10. Non-solicitation clause
Each of the contracting parties agrees to refrain from hiring or otherwise employing staff of the other contracting party for a period of 12 months from the end of the collaboration.
11. Data protection
The customer agrees that its data may be stored for administrative purposes in compliance with data protection regulations.
In the event that any of these provisions are invalid, the validity of the remaining provisions shall be unaffected. The contracting parties agree to replace any provision which is invalid with one which is equivalent in its business effect.
Reutlingen, December 2002