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General Terms and Conditions of Business
of EVS Translations Group

 

I.        Scope

 

1.      The General Terms and Conditions of Business (GTC) apply to all transactions between the companies of the EVS Translations Group ("EVS Translations Group" or "we" herein) and their customers ("Customer" herein). They apply only when the Customer is a merchant (section of 14 of the German Civil Code (Bürgerliches Gesetzbuch–BGB), a legal entity under public law or a public law entity with special public funds. The following companies are part of the EVS Translations Group:

        

EVS Translations GmbH
Luisenstraße 3
63067 Offenbach
Federal Republic of Germany 

        

EVS Translations (UK) Ltd.
16 Clarendon Street
UK Nottingham NG1 5HQ
UK

      

Vick Translations EVS Bulgaria OOD
Sofia 1000
47 Alexander Stamboliyski Blvd
Fl. 3, App. 9
Bulgaria

      

EVS Translations USA, Inc.
41 Marietta Street
Suite 402
Atlanta, GA 30303, USA

       

EVS Translations S.A.R.L.
4, rue de Monceau
75008 Paris
France

 

 

 

2.      The party contracting with the Customer is the EVS Translations Group company that maintains its registered office in the country from which the Customer's inquiry (II.2.1) or order (II.3) is communicated ("ordering country"). If no EVS Translations Group company exists in an ordering country, EVS Translations GmbH is the contracting party with the Customer.

 

3.      The respective version of the GTC applies, also to future transactions with the same customer, without reference being made to them in each individual case.

 

4.      The GTC apply exclusively. The Customer's differing and supplemental General Terms and Conditions of Business, even if they are known to us, apply only when and if we have expressly agreed to their application in writing.

 

5.      Individual agreements with the Customer (including their supplements and amendments) have priority over these GTC. A written agreement or our written confirmation is a prerequisite to proof of the contents of an individual agreement.

 

6.      Declarations submitted to us by the Customer after contract execution (e.g. setting deadlines, deficiency notifications, declarations of rescission) must be in writing to be effective.

 

7.      Statutory provisions apply unless directly modified or expressly excluded in these GTC.

 

 

II.      Contract formation

 

1.     Our offers are subject to change without notice and nonbinding unless they are expressly characterised as binding.

 

2.      General

 

2.1    The Customer may submit an inquiry ("Inquiry" herein) to us by e-mail (for translations, also through an online form on our website), fax, mail or orally.

In the Inquiry, the Customer shall, in particular, provide its name and address, the source and target language(s).

 

2.2    The Customer's Inquiry is not an offer.

 

2.3    If the Inquiry is submitted online, we will send the Customer an automatic, printable confirmation of receipt by e-mail. It is neither an offer nor the acceptance of such.

 

2.4    We will present an offer to the Customer by e-mail, fax, mail or orally ("Offer" herein). The Customer may accept the Offer by e-mail, fax, mail or orally within four weeks of receipt.

 

3.      Translations

 

3.1     In the case of an Inquiry for translations, the Customer shall also indicate the subject matter and any terminology and/or background information that is necessary for an ideal translation.    

       

3.2     We strictly produce a working translation. Additional or different services, particularly typesetting and printing, formatting and conversion work, proofreading, the creation of terminology or a glossary must be indicated by the Customer already in the Inquiry or ordered separately in a timely manner.

 

4.        Interpreting / language training

 

4.1    In the case of an Inquiry for interpreting, the Customer shall indicate the type of interpreting assignment (simultaneous or consecutive interpreting) and the interpreting equipment required. Not later than two weeks before the start of the event, the Customer shall supply us with the necessary materials for familiarisation.

 

4.2.    In the case of an Inquiry for interpreting or language training, the Customer shall indicate the place and date of the event and the contact person.

 

 

III.     Prohibition of assignment

 

          The Customer may only assign claims arising from the contract with our prior written consent and only to the extent our interests are not unreasonably impaired thereby.

 

 

IV.     Partners

         We are entitled to engage third parties ("Partners" herein) to execute all transactions. This applies in particular to languages and fields which we do not cover personally. Also in such cases, the contract comes into being exclusively between us and the Customer.

 

 

V.     Prices, cancellation charges

 

1.     Prices are agreed to individually with the Customer. Prices are calculated in the currency of the ordering country. If no EVS Translations Group company exists in an ordering country, prices are calculated in euro. All prices specified in our information and offers are net prices (without value-added tax). We do not charge for postage, fax and telephone costs.

 

2.      Interpreting and language training are calculated on an hourly basis. Hours commenced are treated as full hours. The compensation on an hourly basis under 3.1 also includes the time when the interpreter or language trainer is present at the respective site and his or her travel time (travel to and from). The registered office of our processing administrative office is the location where the travel commences and ends. The Customer shall bear travel, hotel and meal costs incurred by the interpreter or language training.

 

3.     Training materials and additional services in the case of translations, in the context of language training or interpreting are invoiced separately by time and materials or as otherwise agreed.

 

4.     If the Customer cancels the contract, it must absorb costs already incurred, but at least 15% of the agreed net price. A cancellation is precluded as soon as the performances have been completely rendered.

Cancellation policies for interpreting orders:
If the customer cancels the contract, he must pay the costs already incurred, but at a minimum:
4 weeks before the first working day = 70% of the order amount
2 weeks before the first working day = 80% of the order amount
1 week before the first working day = 100% of the order amount

 

 

VI.     Terms of payment, default of payment, right to refuse performance

 

1.      Invoice amounts are due and payable upon billing. The receipt in the settlement account is controlling for the date of payment. Default occurs 14 days after invoicing. During the default, the invoice amount bears interest at the statutory default interest rate. We reserve the right to assert additional damages for the delay.

 

2.      To the extent we accept checks or bills of exchange contingent upon final settlement, we are entitled at the expense of the Customer to carry on the realisation and enforcement of claims against third parties arising herefrom. Upon request, the Customer shall pay a reasonable retainer for this.

 

3.     We are also entitled to refuse performance under section 321 of the BGB if the financial circumstances of the Customer already materially deteriorate before entry into the contract and, despite careful review, we realise this only after entry into the contract. 

 

4.     The Customer shall only have rights of offset and retention to the extent its claim is legally established, undisputed or acknowledged by us. The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship. In case of deficiencies of performance, VIII. 4. remains unaffected.

 

 

VII.    Time of performance, delay in performance

 

1.      Deadlines or dates we specify for performances are considered to be only approximate unless expressly binding deadlines or dates have been agreed to. Times given are those in Middle European Time (MET). If the ordering country is the United Kingdom, times given are those in Greenwich Mean Time (GMT).

 

2.      A translation is considered to have been delivered when it has been demonstrably sent or transmitted to the Customer. Technical problems with the transmission (e.g. server outage of the e-mail provider) shall be borne by the Customer.

 

3.      If we are unable to meet a binding deadline or a binding date for reasons beyond our control, we will inform the Customer without delay concerning the anticipated new deadline or new date. If the performance is also unable to be rendered by the new deadline or the new date, we are entitled to rescind the agreement entirely or in part. We will reimburse payment that has already been made. Statutory provisions in our favour concerning rights of rescission and termination as well as rescission of the contract upon exclusion of the obligation to perform remain unaffected.

 

4.      Default requires a written warning by the Customer.

 

5.      If our performance is delayed for reasons attributable to the Customer (e.g. delayed acceptance), we are entitled to demand reimbursement of the loss we incur therefrom and any additional costs.

 

 

VIII.   Customer's rights for deficiencies

 

1.      All complaints must be reported in writing. Obvious deficiencies may only be complained of within eight working days after the translation is conveyed or transmitted or after the performance is rendered; other deficiencies must be complained of within eight working days of discovery of the deficiency. The departure of the translation from us is considered to be the time of its conveyance or transmission. In the case of mailing, two working days are added. For meeting the deadline, the on-time dispatch of the notice suffices.

 

2.      If a deficiency has been properly and timely reported, we are entitled, in our discretion, either to correct or render the performance over two times, if such is possible according to the nature of the performance. The Customer must give us the necessary time and opportunity to effect the cure.

 

3.      If a Customer complaint of deficiencies proves to be unjustified, we may request reimbursement of the resulting costs we have incurred.

 

4.      We are entitled to condition the cure on the Customer's payment of the purchase price. However, the Customer is entitled to retain a portion of the purchase price that is reasonable in relation to the deficiency.

 

5.      If the cure is impossible due to the nature of the performance or it has failed or it has been delayed for more than a reasonable time or if it can otherwise be refused according to statutory provisions, the Customer is entitled to reduce the price or, in the case of a considerable deficiency, to rescind the contract.

 

6.      Rights of the Customer to damages and to reimbursement of costs exist exclusively under IX.

 

 

IX.     Other liability 

 

1.      We are liable for damages in the case of intent and gross negligence, irrespective of the le     gal reason.

 

2.      In the case of slight negligence, we are only liable

- for damages arising from the breach of a material contractual obligation, limited to reimbursement of foreseeable, typically occurring loss that regularly does not exceed twice the invoice amount of the respective performance, but not more than €100,000.00;

 

- for damages arising from an injury to life, limb or health.

 

3.      The limitations of liability under IX.2. do not apply to the extent we have fraudulently concealed a deficiency or the Customer has rights under product liability law.

 

4.      We expressly have no liability for

- delays or deficiencies in performance that are a result of incorrect or incomplete transfer of the source text from the Customer to us or that result from ambiguous or incorrect wording in the source text;

 

- for damaged, incomplete or lost texts and data through electronic transfer;

 

- for resulting loss when the text proves to be unsuitable for the intended use or the publication or advertisement must be repeated due to a defective adaptation or it results in damage to the Customer's reputation or image, unless the intended use was indicated when the order was placed;

 

- for damages that result from printing a deficient translation if the Customer did not indicate upon entry into the contract that the translation was intended for printing, did not provide us with galley proofs prior to going to press or was printed without clearance from us.

5.      The Customer may only rescind or terminate for a breach of duty which did not result in a deficiency if we are responsible for the breach of duty. In other respects, the statutory provisions apply.

 

6.      To the extent our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and agents.

 

 

 

X.      Limitation of actions

 

          Claims for material and legal deficiencies lapse one year after the commencement of the statute of limitations. For claims under product liability law and other claims under IX, the statutory limitation periods apply.

 

 

XI.     Confidentiality

 

1.      We promise to maintain the confidentiality of the information shared, delivered or otherwise made accessible and marked as confidential by the Customer in the context of the agreement ("Confidential Information"). We promise to take all reasonable measures for preventing unauthorised third parties from being able to acquire knowledge of the Confidential Information or documents. We will use the Confidential Information exclusively in the performance of our contractual obligations and only disclose it to such of our own employees or Partners who are obligated to maintain confidentiality and are engaged in the performance of the contract and need the respective confidential information for this purpose.

2.      Due to the possibility of outside interception, we assume no risk for maintaining the confidentiality of texts and data that will be transmitted electronically between us and the Customer.

 

3.      Not Confidential Information within the meaning of XI. 1. is information which

- was already publicly known at the time of its disclosure or upon entry into this contract or which became known thereafter without being based on a breach of a statutory provision, these GTC or another agreement entered into between the Customer and us;

 

- has been disclosed to us by a third party or otherwise disclosed after entry into this contract with the Customer without having occurred through breach of a statutory provisions, these GTC or another agreement entered into between the Customer and us.

 

XII.    Retention of title

 

         The deliverable remains our material and intellectual property, with the exclusive rights of use residing with us, until full satisfaction of our present and future claims against the Customer.

 

 

 

XIII.   Third-party rights

 

         The Customer warrants that no third party rights to the information, documents and other objects submitted to us oppose use, processing, exploitation, duplication and/or publication of the work. The Customer shall indemnify us and our Partners for all liability for third party claims that are based on the above acts.

 

 

XIV.   Applicable law, judicial venue and language

 

1.      These GTC and all relations between us and the Customer are exclusively subject to the law of the Federal Republic of Germany, with the exclusion of all international and supranational (contractual) legal systems, particularly the United Nations Convention on Contracts for the International Sale of Goods.

 

2.      The exclusive judicial venue for all disputes directly or indirectly resulting from the contractual relationship is the court of competent jurisdiction at the registered office of EVS Translations GmbH. We are, however, also entitled to bring our claims against the Customer at the general judicial venue of the Customer.

 

3.      The German version of the GTC is controlling.

 

 

Version: 19 May 2010