Terms and Conditions

GENERAL CONDITIONS OF ANGLO DUTCH LEGAL TRANSLATIONS BASED ON THE GENERAL CONDITIONS OF THE DUTCH SOCIETY FOR INTERPRETERS AND TRANSLATORS FOR TRANSLATION WORK Definitions Client 1) the natural or legal person who has concluded the contract (of assignment) with the translator; < / span> 2) the natural or legal person who has given permission to a third party to conclude the contract (of assignment) with the translator by means of a power of attorney / authorization. Agreement (of assignment): the agreement to be concluded by translator and client with regard to translation work. Translator: the natural or legal person who carries out the translation of the client. Translation: the from final file / document after the translation work has been performed. Article 1 – Applicability of Terms 1.1 These general terms and conditions apply to every quotation from the translator / translator and every agreement between the translator (hereinafter referred to as“ the translator ”) and a client. 1.2 The translator will declare these terms and conditions applicable to any quotation and / or agreement that he / she concludes with a client. 1.3 The translator may engage his own employees or third parties for the execution of the assignment, whereby the translator will exercise due care. 1.4 If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, these general terms and conditions remain v other conditions apply. The translator and the client will then enter into consultation in order to agree on new provisions to replace the invalid or voided provisions, taking into account the purpose and purport of the original provisions as much as possible. 1.5 If uncertainty or disagreement exists with regard to the interpretation of one or more provisions of these general terms and conditions, the explanation must be in the spirit of these provisions. 1.6 If a situation arises between the parties that is not regulated in these general terms and conditions, then this situation must be assessed in the spirit of these general terms and conditions. 1.7 If the translator does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that the translator would in any way have the right losses to require strict compliance with the provisions of these general terms and conditions in other cases. Article 2 – Quotations, conclusion of the agreement 2.1 All offers and quotations from the translator are without obligation. 2.2 The agreement is established by written acceptance of the quotation by the client or acceptance of the assignment given by the client by the translator. The translator shall provide a clear description of the delivery specifications and term (s) within which the material to be supplied by the client must be in the possession of the translator. 2.3 If the translator provides the full text of the assignment in the context of a quotation has not been able to inspect the quotation within five working days of the quotation date, the translator may still revoke the quotation and / or the terms stated after accepting the assignment / quotation. The foregoing also applies if the files / documents supplied by the client do not meet the delivery specifications referred to in Article 2.1. 2.4 If the client accepts the issued quotation with due observance of one or more adjustments, a new quotation is to be issued. If no new quotation is issued in such a situation, no agreement has been reached. 2.5 A composite quotation does not oblige the translator to perform part of the assignment for a corresponding part of the stated price. Previously released quotations do not automatically apply to future assignments. 2.6 The translator cannot be bound by his / her quotation if the quotation, or any part thereof, is manifestly error or clerical error. Article 3 – Change, revocation of orders 3.1 If the client makes changes to the assignment after the conclusion of the agreement, the translator is entitled to adjust the term and / or fee or to refuse the assignment. 3.2 If an assignment is withdrawn by the client, payment of the part of the assignment already carried out is due, as well as a fee based on an hourly rate for research work already carried out for the remaining part. 3.3 If the translator for the u has reserved time for the execution of the assignment and this can no longer be used elsewhere, the client is obliged to pay 50% of the fee for the part of the assignment that has not been performed. Article 4 – Execution of assignments, confidentiality 4.1 The translator is obliged to carry out the assignment to the best of his knowledge and ability and with perform a correct understanding for the purpose specified by the client. 4.2 The translator will treat all information provided by the client in strict confidence. The translator will oblige his employees and / or third parties to be engaged to observe confidentiality. 4.3 Unless expressly agreed otherwise, the translator has the right to (also) to be carried out by a third party, without prejudice to his / her responsibility for the confidential treatment and proper execution of the assignment. 4.4 The translator and client can agree that the assignment will be carried out in several phases and that the part already completed will (always) be invoiced separately. 4.5 If the assignment is carried out in phases, the translator can suspend the execution of those parts, which belong to a subsequent phase, until the client has approved in writing what has already been carried out. 4.6 The translator does not guarantee the correct theid of the data provided by the client to the translator and accepts no liability for damage, of any kind, attributable to the use of the data provided. 4.7 If the client should be in default in the proper fulfillment of that which he / she is obliged to do towards the translator, the client is liable for all damage that has arisen directly or indirectly on the part of the translator. 4.8 If during the execution of the agreement it appears that it is necessary for a proper execution thereof to change or supplement it, then the parties will timely and in mutual consultation of the agreement. (As a result, the originally agreed amount may be increased or decreased. The translator will provide a quotation thereof as much as possible. Due to an amendment to the agreement, the originally stated term of execution may be changed. The client accepts the fact that the agreement may be changed, including the change in price and time of execution. Article 5 – Intellectual property 5.1 Unless otherwise expressly agreed in writing, the translator retains the copyright on translations and other texts produced by the translator. 5.2 If the translator acquires knowledge of the translation of certain words / concepts in the performance of an agreement, he / she is permitted to use them for other purposes or for the performance of other agreements. insofar as this does not harm the translator’s duty of confidentiality and vis-à-vis the client. 5.3 The client indemnifies the translator against claims from third parties for alleged infringement of property -, patent, copyright or other intellectual property rights in connection with the execution of the agreement. Article 6 – Dissolution 6.1 The translator can change the other fully or partially terminate the contract if the client is in default with the fulfillment of his / her obligations, goes into liquidation, applies for a suspension of payments, an application for the bankruptcy of the client has been submitted or if the client has his / her company in full or partially discontinues or dissolves. 6.2 If after the conclusion of the agreement it appears that the execution of the assignment is not reasonably possible and the unenforceability is due to the information provided by the client, the translator is entitled to terminate the agreement or to charge additional costs for work that deviates from what has been offered. The foregoing also applies if it appears during the execution of the agreement that the information provided by the client at the conclusion of the agreement has a substantially different character than during the execution of the agreement. 6.3 Dissolution of the agreement as referred to in Articles 6.1 and 6.2 does not release the client from his / her payment obligation with regard to the work already performed by the translator. Article 7 – Complaints and disputes 7.1 The client must submit complaints about the delivered goods in writing as soon as possible and in any report the case to the translator ten working days after delivery. The submission of a complaint does not relieve the client of his / her payment obligation. 7.2 If the complaint is justified, the translator will improve or replace the delivered goods within a reasonable time. or, if the translator cannot reasonably comply with this, grant a reduction on the price. 7.4 The client’s right of complaint expires as soon as the client has delivered edited or edited himself, without the translator’s written permission, and published or printed this edit. Article 8 – Delivery period and time 8.1 The agreed delivery period is a target date, unless expressly agreed otherwise in writing. The translator is obliged, as soon as it becomes clear to him that timely delivery is not possible, to notify the client immediately. 8.2 In the event of an attributable exceeding of the agreed term, if the execution can no longer reasonably be expected, the client is entitled to unilaterally dissolve the agreement. 8.3 The delivery is deemed to have took place at the time of personal delivery or dispatch by regular mail, facsimile, courier or electronic mail. 8.4 Delivery of data by electronic mail is deemed to have taken place on the moment the medium has confirmed the shipment. Article 9 – Fee and payment 9.1 The translator’s fee is in principle based on e and word rate. Sometimes a fee is charged on the basis of an hourly rate. In addition to his fee, the translator may also charge the client for disbursements related to the execution of the assignment. 9.2 The stipulated fee is exclusive of VAT, unless expressly stated otherwise agreed. 9.3 If the translator has agreed a fixed fee or fixed price with the client, the translator is nevertheless entitled to increase this fee or this price, if this increase arises from an event as referred to in Article 4.8, from a power or obligation under the law or under regulations, or is caused by an increase in the price of wages, etc., or on other grounds which, when entering into the agreement were not reasonably foreseeable. In this case, the client has the right to dissolve the agreement, unless the parties agree on a new fixed fee or fixed price in mutual consultation. 9.4 Invoices must be submitted within 30 minutes at the latest. days after the invoice date, in the currency in which the invoice is drawn up. After expiry of the period of 30 days, the client is immediately and without further notice of default in default, in which case the client owes the statutory interest on the invoice amount from the date of default until the moment of completion. your satisfaction. 9.5 If the client is in default or omission in the performance, all reasonable costs incurred in obtaining payment in and out of court will be borne by the contractor. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice. (Statutory) interest is also due on the collection costs owed. 9.6 The client is not entitled to set off the amount owed by him / her to the translator. Objections to the amount of the invoice do not suspend the payment obligation. Article 10 – Liability: indemnity 10.1 The translator is only liable for damage which is the direct and demonstrable result of a shortcoming attributable to the translator. The translator is never liable for other forms of damage, including loss of profits, loss due to delay and loss of profit. The liability is in any case limited to an amount equal to the invoice value excluding VAT of the relevant assignment. 10.2 If the translator should be liable for any damage, then the translator’s liability is limited to an amount equal to the invoice value excluding VAT of the relevant assignment. 10.3 The translator’s liability is in all cases limited to the amount of the payment of his insurer in the appropriate case. 10.4 The client indemnifies the translator against any claims from third parties in connection with the performance of the agreement and whereby the damage is attributable to someone other than the translator. Furthermore, the client indemnifies the translator against all claims from third parties arising from the use of the work supplied, except insofar as the translator is liable under this article. Article 11 – Force majeure 11.1 In these general terms and conditions, force majeure means, in addition to what is understood by law and case law, all external causes, foreseeable or unforeseeable, on which the translator cannot influence, but which prevent the translator from fulfilling his / her obligations. This includes in any case, but not exclusively: fire, accident, illness, strike, riot, war, government measures, power cuts of longer duration, transport barriers and terrorism threat. 11.2 During the force majeure, the translator’s obligations are suspended. If compliance with the obligation is no longer possible due to force majeure, both parties are entitled to dissolve the agreement, without any obligation to pay compensation. The client’s payment obligation will continue to exist for work already performed. If the client is a consumer, the right to suspend only applies insofar as this authority is vested in him by law. 11.3 If the translator has already partially has fulfilled his / her obligations, or can only partially fulfill his / her obligations, the translator is entitled to invoice separately for what has already been performed and the client is obliged to pay this invoice, as if it were a separate agreement. Article 12 – Applicable law, disputes and competent court 12.1 On the legal relationships between the client and the translator are governed by Dutch law. 12.2 All disputes about these general terms and conditions are subject to the judgment of the competent Dutch court. 12.3 The parties will only appeal to the courts after they have made every effort to resolve the dispute that has arisen by mutual agreement. Article 13 – Amendment 13.1 Anglo Dutch Legal Translations reserves the right to amend or supplement these general terms and conditions. < / span> Changes also apply to agreements already concluded with due observance of a period of 30 days after notification to the client. If a client does not want to accept a proposed change, he / she can do so until the date on which the new general terms and conditions come into effect n terminate the agreement. 13.2 The Dutch text of the General Terms and Conditions is always decisive for the explanation thereof. 13.4 Anglo Dutch Legal Translations is registered in the Trade Register of the Chamber of Commerce in Amsterdam under number 34346065.

Pin It on Pinterest