1 – These General Terms and Conditions apply to all legal relationships between TRADOZO and the Client. A departure from the Terms and Conditions shall only be only valid if TRADOZO has agreed to it in writing. The Client is expected to be acquainted with these General Terms and Conditions on receipt of the order confirmation.
2 – The legal relationship between the Client and TRADOZO is governed by German law. A competent German court shall adjudicate on any disputes that may arise between TRADOZO and the Client.
ACCEPTANCE OF THE ENGAGEMENT
3 – All offers and proposals by TRADOZO are subject to contract.
4 – The agreement shall be formed by written acceptance of the tender by the Client, or, if no tender has been submitted, by written confirmation of an assignment by TRADOZO.
5 - If TRADOZO has not had the opportunity to inspect the entire source text, TRADOZO shall be entitled to revoke quoted prices and quoted delivery times.
6 – If, after the formation of the agreement, changes other than slight changes are made to the assignment, TRADOZO has the right to reject the changes or amend the agreement accordingly.
7 - TRADOZO shall treat all information provided by the Client in the strictest confidence. TRADOZO shall impose secrecy on all its employees but TRADOZO cannot be held liable for violation of confidentiality by employees if this violation could not reasonably be prevented.
8 - TRADOZO retains the right to contract third parties to carry out (part of) the assignment, without prejudice to its responsibility for confidential treatment and adequate execution of the assignment. TRADOZO shall impose secrecy on any third parties. TRADOZO cannot be held liable for the violation of confidentiality by third parties.
PRODUCT AND DELIVERY
9 – Where possible, the Client shall, on request, provide intrinsic information about the source text and terminology. The Client shall always bear the costs and risks for the dispatch of intended information.
10 – The arranged delivery time is a target date; if timely delivery should be impossible, TRADOZO shall notify the Client without delay. Depending on the circumstances and the length of time by which the arranged date is exceeded, TRADOZO may offer a reduction on the arranged price; however, TRADOZO is not obliged to do so.
11 – If the promised term is deemed unattainable and the delivery cannot reasonably be expected, the Client is entitled to dissolve the agreement without owing TRADOZO compensation for damages.
12 – The delivery shall be deemed to have been done at the time of dispatch by post, courier, fax or electronic means.
13 – If the Client has a complaint about the supplied translation, TRADOZO should be notified of the complaint in writing within five working days of delivery. The expression of a complaint shall not relieve the Client of its obligation to pay. If, in the opinion of TRADOZO, the complaint is substantiated, TRADOZO shall adjust the supplied translation in accordance with the wishes of the client and in accordance with the nature of the complaint within a reasonable length of time without charging for the time spent on the adjustment.
14 – All amounts exclude 19% VAT unless otherwise specified.
15 – Invoices should be paid within 14 days of the date on the invoice at the latest, in the currency in which the invoice is compiled. In the event of overdue payment, the Client is in default, in which case statutory interest shall be due on the amount on the invoice from the date of the default until the payment is settled in full.
16 – Extrajudicial collection costs arising from overdue payment shall be charged to the Client.
17 - TRADOZO can only be held liable for damage that is the immediate and demonstrable consequence of fault attributable to TRADOZO. TRADOZO can never be held liable for any other form of damage such as loss of profits, losses due to delays and lost income. In any case, the liability shall be limited to a sum equal to that of the value of the invoice, not including VAT, for the assignment in question, or, if lower, to EUR 2,500.
18 - TRADOZO cannot be held liable for incorrect interpretations of texts that may be considered ambiguous.
19 – The Client indemnifies TRADOZO against claims from third parties concerning alleged infringement of ownership rights, patent rights, copyrights or other intellectual property rights in connection to the execution of the agreement.
20 - TRADOZO is authorized to dissolve the agreement, either fully or in part, or postpone its execution, if the Client does not fulfill its obligations, in the event of bankruptcy, suspension of payments or liquidation of the Client’s company, without any obligation to pay compensation for damages. In such cases, TRADOZO may demand immediate settlement of claims due to it.
21 – If TRADOZO has not fulfilled its obligations due to Force Majeure, it has the right to dissolve the agreement without any obligation to pay compensation for damages. Such circumstances shall be considered as, but not limited to, fire, accident, illness, labor strikes, riots, war, transport impediments and government measures.