General Terms and Conditions of the Agentur Tranzzlate GmbH
Unless the parties to this contract agree otherwise, deliveries, all services and offers of the Agentur TRANZZLATE GmbH shall be subject to these terms and conditions. These terms and conditions shall be in force at the time the principal (client) receives a job confirmation or earlier.
2. Offer and Contract Conclusion
All offers by the Agentur TRANZZLATE GmbH are non-binding and shall be subject to change. Declarations of acceptance and all orders shall require the written confirmation by mail, fax or electronic mail by the Agentur TRANZZLATE GmbH.
3. Binding Period and Prices
Unless agreed otherwise, the Agentur TRANZZLATE GmbH shall be bound to its offers for 30 days. In all other cases, the prices stated by the Agentur TRANZZLATE GmbH in the order confirmation shall be binding.
4. Delivery Times
The delivery times stated in the order confirmation shall apply.
In the event of force majeure or any events not under the control of the Agentur TRANZZLATE GmbH (strike, lockout, official orders, technical faults, etc.), which affect the Agentur TRANZZLATE GmbH, its subsidiaries or its suppliers, the principal/client agrees to extend the delivery date to a time after the event plus a reasonable recovery period and the Agentur TRANZZLATE GmbH reserves the right to withdraw from the not yet delivered part of the contract performance.
In case the force majeure event prevents the contractual delivery by more than 3 (three) months, the principal/client shall have the right to cancel the not yet performed contractual services after a reasonable grace period. In case the Agentur TRANZZLATE GmbH does not meet the delivery time or was released from performing its contractual duties, the principal/client shall not have the right to hold the Agentur TRANZZLATE GmbH liable for not performed contractual duties.
5. Risk Transfer
The risk passes to the principal/client upon delivery by the Agentur TRANZZLATE GmbH.
The TRANZZLATE GmbH guarantees impeccable services.
The valid delivery date of translation services by the TRANZZLATE GmbH shall be the mailing date or the email time stamp / server time stamp associated with the delivery. The principal/client shall have the right to claim defects in delivered translation services within 14 (fourteen) days of receiving a translation. The 14-day claims notification period shall start on the day the client/principal verifiably received the translation (e. g. by means of sender record). Upon expiration of the claims notification period, the translation shall be considered accepted by the principal/client. Claims of deficient translation services shall be void after this notification period.
Translations provided by the Agentur TRANZZLATE GmbH are performed by professional translators and trained linguists. Complaints relating to style and interpretation rather than the content of translations shall only be recognized if the client’s/principal’s order was accompanied by a glossary or translation memory file.
In the event the client/principal reports an actually existing substantial deficiency in writing within the 14-day claims notification period, this report shall be as accurate as possible, and the client/principal shall set a reasonable time for the Agentur TRANZZLATE GmbH to provide a free replacement translation or remedy the defect. In case no replacement translation or remedy is provided within the agreed time, the client/principal shall have the right to demand either a price reduction or cancel the contract. Only the contracting client/principal may lodge warranty claims against the Agentur TRANZZLATE GmbH; warranty claims shall not be transferable.
7. Payment Terms
The Agentur TRANZZLATE GmbH invoices delivered services to regular customers in good standing payable within 30 days. A discount of 3 % is granted on the invoice amount for payments within 7 days of the invoice date.
The Agentur TRANZZLATE GmbH reserves the right to ask new customers or customers with poor payment histories for payment on delivery, cash payment, direct debit or advance payment. The payment terms and due date are specified in the order confirmation.
Contrary provisions made by the client/principal notwithstanding, the Agentur TRANZZLATE GmbH reserves the right to apply payments on account to older debt first and will inform the client/principal of this settlement procedure. If costs and default interest are due aside from invoice amounts the Agentur TRANZZLATE GmbH reserves the right to first apply payments to these costs and interest before applying it to the invoice amount.
The effective payment date shall be the date on which the Agentur TRANZZLATE GmbH is able to dispose of the paid amount. Payments by check or direct debit shall be considered effective only after the Agentur TRANZZLATE GmbH is irrevocably credited with the amount.
If circumstances become known to the Agentur TRANZZLATE GmbH, which negatively influence the creditworthiness of the client/principal, the Agentur TRANZZLATE GmbH reserves the right to demand payment of the entire balance due and request advance payment or a security deposit for future orders.
The minimum order value shall be net EUR 35.00.
8. Late Payment
The principal/client shall be automatically in default of payment if he/she did not settle an invoice on or before the specified due date regardless of whether the Agentur TRANZZLATE GmbH issued payment reminders or dunning letters to the client. The Agentur TRANZZLATE GmbH reserves the right to charge EUR 10.00 for every payment reminder or dunning letter to cover administrative costs and postage.
Furthermore, the Agentur TRANZZLATE GmbH reserves the right to charge default interest of 1.5 % per month at the start of every month after the due date and for every partial month.
The principal/client shall assume all payment collection costs. In fairness to our clients in good standing, we will pursue the payment of even the smallest amount, if necessary in court.
9. Applicable Law, Legal Venue and Partial Nullity
The laws of the Federal Republic of Germany shall apply to all disputes resulting from the entire legal relationship between the contracting parties and in connection with these terms and conditions. The German language version of these terms and conditions shall be valid exclusively. The legal venue shall be Wolfratshausen (Germany).
10. Severability Clause
If any provision of these terms and conditions or any provision in any other agreement between the contracting parties are or become invalid, this shall not affect the validity of the remaining provisions in these terms and conditions or any other agreements between the contracting parties.