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© Textra Fachübersetzungen GmbH, Hamburg

 

General Terms and Conditions of Orders for Textra Fachübersetzungen GmbH

The following Terms and Conditions apply solely and exclusively to any and all agreements concluded with us, now and in future, provided that no deviating agreements have expressly been concluded. We are not bound by deviating terms and conditions of the Customer, even if we have not expressly raised objection to said terms and conditions.

 

A. Agreement and Delivery

1. Offers are non-binding. The content and scope of our performance obligation are defined solely and exclusively by our written order confirmation. Our written order confirmation is authoritative. Subsidiary agreements and changes are not effective unless we have confirmed them in writing.

2. Time periods and deadlines are binding only if and when we have expressly agreed to them in writing. Fulfilment of our performance obligation presumes the timely and proper fulfilment of the Customer’s obligations. Partial deliveries and invoices are permissible, provided that the Customer can reasonably be expected to accept them.

3. In the event of unforeseen hindrances which we are unable to prevent, despite reasonable care under the specific circumstances and the utilization of suitable means, the time of performance shall be extended by a reasonable period, regardless of whether the hindrances occur in our operation or in the operation of our subcontractors. Unforeseen obstacles in the meaning of the above provision include operational disruptions, illness or interruptions in utilities. We will notify the Customer of the occurrence of such hindrances immediately.

4. In the event of the unjustified cancellation of the con-tract, an unjustified termination or the hindrance of the performance of the contract by the Customer, we reserve the right to bill the Customer for lump-sum damage compensation in the amount of 30% of the order value, unless the Customer is able to prove that our loss is significantly lower. We reserve the right to assert more extensive losses.

B. Confidentiality

We promise to treat in confidence any and all information which we receive in the course of the performance of translation and interpreting services. We require an equivalent obligation from our subcontractors.

C. Terms and Conditions of Payment

1. All invoices are due and payable net, without deduction, immediately upon receipt of the invoice. We reserve the usufructuary right to our performance until payment in full has been received.

2. The Customer may set off counterclaims against us solely if said claims are legally final or undisputed, and may refuse or retain performance only on the basis of such claims.

D. Warranty

1. We prepare translations in accordance with the principles of orderly exercise of our profession. However, the transfer of texts from one language to another can never be perfect due to the nature of the action. The Customer can make a significant contribution to improvement of quality by explaining to us the function and target group of a translation and by making glossaries and/or reference material available. The translation work does not include any consulting services concerning specific cultural or legal circumstances in the country of the target language.

2. The Customer is obligated to notify us immediately of visible defects in our performance and of hidden defects immediately after their discovery.

3. If a defect or other breach of obligation results in a loss, we are liable in accordance with legal statutes, to the extent that the loss concerns personal injury, is covered by the Product Liability Act or is a consequence of intent or gross negligence. If the loss is the consequence of a culpable breach of an essential contractual obligation, we are liable otherwise only for the damage typical of the contract. More extensive contractual or tortious damage compensation claims by the Customer are excluded. We are in particular not liable for indirect losses, for lost profit or other pecuniary losses of the Customer, unless our legal representatives or vicarious agents act with intent or gross negligence

E. Limitation Period

The Customer’s claim to subsequent performance, the right to cancellation of the contract, reduction of the price or damage compensation become time-barred upon the expiration of a period of one year, beginning with the delivery of our performance, subject to the provisions of Section 202 and Section 634a, Subsection 3 BGB (Ger-man Civil Code).

F. Final Provisions

1. If one or more of the provisions of these General Terms and Conditions of Orders should be or become invalid, the validity of the remaining provisions shall not be affected.

2. Place of performance for any and all obligations arising from the contractual relationship is our registered office; any and all legal disputes, including actions on cheques and bills of exchange, arising from the contractual relationship and concerning its establishment and effectiveness are subject to the jurisdiction of the courts at our registered office. The above jurisdiction is not exclusive.