Terms and Conditions European
Exchange Ltd. is an established language services agency based in
London. The company works according to the following terms and conditions
of service:Conditions of
ServiceIn submitting a text
for translation, the client enters into a binding agreement with this
Company covered by the following terms and conditions:1.
Definitions"The Company"
means European Exchange Ltd."Work"
means any translation or any other work undertaken by or any other
services supplied by the Company."Client"
means any person to whom the Company shall supply work.2.
QuotationsPrices are quoted
exclusive of value-added tax. Verbal quotations are given for guidance
only. They are not binding upon the Company and are subject to written
confirmation on receipt of the text for translation. Written quotations
remain valid for 30 days after dispatch. The cost of translation is
based upon the number of either words or lines of text in the target
language. Each line or part line shall be deemed to be a minimum of
10 words.3. PaymentsAll
accounts are net and due 14 days after completion of the work, although
in some circumstances payment may be requested prior to the commencement
of the work. Monthly credit accounts may be opened for regular Clients
on request, in which case payment must be received by the 20th day
of the month following the month in which the invoice was raised.Without
prejudice to the Company's other rights, a service charge of 2% per
month or £2.00 whichever is greater shall be made on all accounts
outstanding beyond the due date to cover financial and administrative
costs and shall be added to these accounts.4.
Completion of WorkWe have
a very good reputation for prompt delivery. However, any date agreed
by the Company for delivery is given and intended as an estimate only.
The Company shall make every endeavour to meet such an estimated deadline
but shall not be liable to make good any damage or loss, whether arising
directly or indirectly out of its failure to meet such date. The Client
may, at any time after the expiry of the date, give the Company reasonable
notice, having regard to the original anticipated delivery period,
but no less than 7 days, and if delivery has not taken place within
that period of notice, no charge will be made and the Contract will
be considered cancelled.Should
the translation have been delivered after the expiry of the notice
period and the Client does not rescind the cancellation of the Contract,
the Company requires the immediate return of any such translation
delivered together with a signed disclaimer of the Client's right
to use the same. The Company reserves the right to subcontract all
or part of the Work to a contractor or contractors of its own choice.In
case of Force Majeure (Strike, Lockout, Industrial Dispute, Civil
Commotion, Natural Disaster, Acts of War and any other situation which
can be shown to have materially affected the Company's ability to
deal with the commission as agreed), the Company shall notify the
Client without delay, indicating the circumstances. Force Majeure
shall entitle both the Company and the Client to withdraw from the
commission, but in any event, the Client undertakes to pay the Company
for Work already completed. The company shall assist the Client, to
the best of its ability, to place his commission elsewhere.5.
DeliveryDelivery is deemed
to have taken place on posting, faxing or electronic delivery to a
carrier, as the case may be, and the risk shall pass to the Client.However,
the Company will retain a copy of the translation and, should there
be any loss or damage, will forward a further copy free of charge.6.
Liability(A) The Company
shall be relieved of all liability for obligations incurred to the
Client wherever and to the extent of which the fulfillment of such
obligation is beyond its control.(B)
Other than the death or injury to any person resulting from our negligence,
the Company shall not be liable to the Client or any third party in
any circumstances whatsoever for any consequential loss or damage
of any kind (including loss of profit) and the Client shall indemnify
the Company against all claims and demands upon the Company for any
such consequential loss or damage.(C)
As a result of any error or omission in the work undertaken by the
Company, the Company will, at its option, either re-type the work
or compensate the Client for any additional typing or printing up
to the amount of our fee, in respect of that word, provided that such
fee has been paid in accordance with the Company's terms of business
and provided the work has been used by the Client for the purpose
indicated on the order.(D)
In the event of use of the translation by the Client for a purpose
other than for which it was supplied, the Client shall not be entitled
to any compensation by the Company, and the Client shall indemnify
the Company against any loss arising as a result to the Company, in
goodwill or otherwise.(E)
Whilst the Company undertakes to use its best endeavours to produce
an accurate and idiomatic translation of the Client's original text,
the Client must accept that a translation reads differently from good
original writing and no liability is accepted by the Company for any
alleged lack of advertising or sales impact.7.
Illegal MattersThe Company
shall not be required to translate any matter which in its opinion
is or may be of an illegal or libellous nature. Where copyright exists
in texts to be translated by the Company, the Client warrants that
it has obtained all consents necessary for such translation to be
made.The Company shall be
indemnified by the Client in respect of any claims, proceedings, costs
and expenses arising out of any libellous matter printed for the Client,
or any infringement of copyright, patent or design or third party
right.8. RepresentationNo
oral representation or statement shall be binding upon the Company,
whether as a warranty or otherwise, nor shall anything be implied
from any such representation or statement.9.
Client's PropertyAll documents,
paper or other property supplied to the Company by the Client will
be held or dealt with by the Company at the Client's risk and the
Company will not be responsible for the consequences of any loss or
damage thereto.10. Use of
Translators and InterpretersIf
any Client or associate uses the services of a relevant person other
than by submitting the work to the Company, the Client shall forthwith
pay to the Company:(A) where
the relevant person becomes an employee of such Client or associate
a sum equal to 20 percent of the gross annual remuneration of such
relevant person or a sum of £2,000, whichever shall be the higher,
and (B) in any other case, the sum of £3,000.For
the purpose of this Clause, "associate" means any partner
of the Client and any Company in which the Client or any firm in which
he is a partner holds not less than one third of the issued equity
share capital (as defined in Section 54 of the Companies Act 1948)
and any subsidiary of such Company (as so defined) or in the case
of a Client who is a Company, any Company which owns directly or indirectly
not less than one third of the issued share capital of the Client.
"Relevant person" means any translator, interpreter, typist
or other person who shall have been engaged either as an employee
or independent contractor by the Company and who shall have provided
work for such Client directly or indirectly through the Company within
twelve months preceding the use of their services by the Client or
an associate as aforesaid.11.
CopyrightThe Copyright of
the translation is the property of the Company and will be passed
on to the Client only after full payment has been made for the translation.
12. Settlement of Disputes
– ArbitrationDisputes
between the Company and the Client shall be settled by arbitration.
The decision of the Arbitration Tribunal shall be binding on all parties
involved and shall be final. |
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