GENERAL TERMS AND CONDITIONS OF LvBtranslations
1.1. These terms and conditions apply to all of my offers and transactions, exclusive of the client’s own terms and conditions, unless I have agreed to his terms and conditions in writing.
1.2. All offers and quotations, submitted in any form whatsoever, are free of obligations, unless explicitly stipulated otherwise.
ACCEPTANCE AND EXECUTION OF ORDERS
2.1. An order is always accepted on condition that I maintain the right to return the order within five working days following inspection of the written or spoken text to be translated or edited, without being liable for compensation.
2.2. I am obliged to carry out the order to the best of my knowledge and ability. I will take the client’s wishes into account (such as, for example, the use of specific terminology in a written or spoken text to be translated or edited), in as far as I consider these to be justified.
2.3. I am entitled to have the orders that are placed with me carried out in whole or in part by a third party.
2.4. I commit myself and any third party, contracted by me for the execution of a project, to maintaining confidentiality vis-à-vis all information with which I become acquainted in the process of the project.
2.5. I will not in any way give myself or a third party advantages by using information with which I became acquainted during the execution of the project.
3.1. I am only liable for damage that is the direct and demonstrable result of a culpable negligence on my part. The scope of my liability is limited to maximum the invoice amount of the project concerned, excluding VAT.
3.2. I am never liable for damage arising from loss, destruction, or damage to manuscripts, documents, paperwork, books, diskettes and other data carriers entrusted to me, unless this is due to fraud.
4.1. I always give the most accurate delivery times possible, yet remain free of obligations. The client has the right to annul the contract in the event of an exceeding of the deadline by more than ten working days. I am not liable for any compensation in this instance.
4.2. All texts, including texts delivered as postage paid, are transported at client’s risk.
4.3. In the event that the client cancels an order after it has been awarded, for reasons other than force majeure, the client is liable to pay for the portion of the project that has already been executed at this time.
4.4. Should the client think that he has the right of complaint concerning shortcomings in the work delivered, he needs to inform me of this complaint in writing and within ten working days following delivery. Making a complaint does not relieve the client of his obligation to pay.
4.5. In the event that I consider the complaint to be well-founded, I will – at my discretion – improve or replace the delivered work or extend a reduction in price.
5.1. Force majeure is understood to mean every unforeseen circumstance after entering into the agreement, as a result of which the fulfillment of an obligation cannot be reasonably demanded by the client. Force majeure includes illness, strike, employee lockout, war, danger of war, revolt, transportation difficulties, fire and other serious disturbances affecting my company or my suppliers.
5.2. In the event of force majeure, the obligations of the parties are mutually suspended. Should a situation of force majeure last for so long that fulfillment can no longer be reasonably demanded, each party can annul the contract for the future by means of a single written statement, without the parties being mutually held liable for any compensation. If, as a result of force majeure, I must discontinue further execution of the project, I retain a right to compensation for the work carried out and delivered up to this point in time.
6.1. Delivery is deemed to have taken place as soon as the work has been sent by surface mail, courier, etc.
6.2. Delivery of data via electronic mail is deemed to have taken place as soon as the medium has confirmed sending. This then needs to be confirmed by me, for example, by means of a print-out of the communication dialogue concerned.
7.1. Unless otherwise agreed upon, explicitly and in writing, I retain the copyright on written translations and other texts produced by myself.
8.1. Invoices should be paid net in cash no later than 14 days after the invoice date (or within another term of payment as stated by LvBtranslations in writing). Terms of payment are final terms, which immediately and without proof of default place the client in default if exceeded, in which case the client will owe the legal interest on the invoice amount, increased by 2%, from the date of default until the moment of complete payment.
8.2. All judicial and extrajudicial collecting costs will be at the expense of the client. The extrajudicial collecting costs following the first reminder are held to amount to at least 15% of the claim, with a minimum of € 113.45.
8.3. For the purpose of achieving greater security, I have the right, in instances at my discretion, to demand advance payment in full or in part, bank guarantees and the like before carrying out the order and/or I also retain the right to issue partial invoices during the execution of the project. If the client has not confirmed such a security within five working days following my written request, I am entitled to suspend my obligations and/or to annul the contract. In the event of a suspension and/or annulment of the contract, I retain the right of compensation for the work carried out and delivered up until this point in time.
8.4. If the client is of the opinion that the invoiced amounts are inaccurate, he is obliged to protest against these, in writing and specifically, within the term of payment mentioned in paragraph 1. In the absence of such a protest, his right to object to the invoice amount will expire.
9.1. In the event of a dispute between the client and myself, this dispute will be subjected to the opinion of the court of Alkmaar in the first instance, exclusive of any other judicial authority, according to Dutch law, even if the client is established abroad.
10.1. This agreement is subject to Dutch law.
10.2. If one or more clauses in these terms and conditions and/or my contract(s) with the client turn out to be not fully or only partially valid, this will leave the other clauses unaffected.