Terms and Conditions

This English version is a translation of the Dutch Algemene Voorwaarden. In the event of any discrepancy between the two, the Dutch version will prevail.

Clause 1. General

All legal relations between Pinghels Translations (hereinafter referred to as “the translator”) and the client shall be subject to these terms and conditions, to the exclusion of any terms and conditions used by the client, unless the translator has agreed otherwise in writing.

Clause 2. Quotations, formation of contract

2.1 All offers and quotations issued by the translator are non-binding.

2.2 Quotations and deadlines may be revoked at any time if the translator was unable to see the full text before the quotation was issued. The contract enters into force by the client’s written acceptance of the translator’s quotation or, if a quotation was not issued, by the translator’s written confirmation of the assignment.

2.3 The translator is entitled to regard as his/her client the person who granted the assignment, unless that person expressly indicated that he/she was acting on behalf of a third party, and provided that party’s name and address were supplied to the translator at the same time.

Clause 3. Changing/cancelling assignments

3.1 If the client makes changes other than minor ones to the assignment after the contract has entered into force, the translator shall be entitled to revise the delivery date and the fee.

3.2 If a client cancels an assignment, he/she is liable to pay for that part of the assignment that has already been completed plus an hourly fee for research already carried out for the remainder. The translator will deliver the work already completed to the client.

3.3 If the translator is unable to put the time he/she reserved for the assignment to other gainful use, the client shall be required to pay 50% of the fee for that part of the assignment that was not carried out.

Clause 4. Performance, confidentiality

4.1 The translator is required to perform to the best of his/her professional knowledge and ability for the purpose the client has specified.

4.2 The translator will treat all information supplied by the client as strictly confidential. The translator will require his/her associates to observe the same confidentiality. The translator is, however, not responsible for any breach of confidentiality by them if he/she can reasonably demonstrate that he/she was unable to prevent this breach.

4.3 Unless expressly agreed otherwise, the translator may outsource all or part of an assignment to one or more third parties without prejudice to his/her responsibility to observe confidentiality and ensure that the assignment is performed properly. The translator shall require such third party or parties to maintain confidentiality.

4.4 Upon request and where possible, the client will supply relevant information about the text to be translated, as well as any available documentation and terminology.

Clause 5. Deadlines and delivery dates

5.1 All deadlines must be agreed to in writing or via electronic mail by the translator and the client. The translator is required to notify the client as soon as it becomes clear to him/her that delivery will be delayed.

5.2 Should the translator fail to meet the agreed deadline, in breach of the contract, and the client cannot reasonably be expected to wait for performance, the client may cancel the contract unilaterally. In that case, the translator shall not be liable to pay any compensation.

5.3 The translation is deemed to have been delivered on the date and at the time it was sent.

5.4 Files delivered by electronic mail are deemed to have been delivered at the time the medium confirmed transmission.

Clause 6. Fee and payment

6.1 Translation is normally based on a word rate. Other work may be charged at an hourly rate. The translator may also charge for expenses related to the performance of the assignment providing they are agreed in advance with the client.

6.2 All amounts stated are exclusive of VAT.

6.3 If a payment term has been agreed, payment must be made within the specified term. In all other cases, payment must be made within 30 days of the invoice date, in accordance with European Directive 2000/35/EC.

6.4 All judicial and extrajudicial collection charges, including legal fees, bailiffs’ fees and costs of debt recovery services, shall be paid or reimbursed by the client. Extrajudicial collection costs will be charged in accordance with the standard scale for such charges (staffel kosten buitengerechtelijke incassokosten).

6.5 The translator may require the client to pay all or part of the fee and expenses in advance, and/or require security in the form of, for example, a bank guarantee, before starting work on the assignment. If the client fails to supply such security within five working days of a written request to that effect, the translator shall be entitled to suspend his obligations for a period fixed by the translator and/or terminate the contract. If the contract is suspended and/or terminated, the translator shall retain the right to compensation for the work carried out up to that point.

6.6 Before starting work, the translator may require payment in instalments during the course of the assignment. In that case, if the client fails to fulfil his payment obligations as stipulated in paragraph 6.3, the translator may suspend his obligations and/or terminate the contract. If the contract is suspended and/or terminated, the translator shall retain the right to compensation for the work carried out up to that point.

6.7 If the client is of the opinion that the amounts the translator has invoiced are incorrect, he is required to object in writing, specifying his objections, within the time limit stipulated in paragraph 6.3. If the client fails to comply with the requirements of this paragraph, he forfeits the right to object to the amount or composition of the invoice.

Clause 7. Complaints and disputes

7.1 The client must notify the translator of any complaints concerning the work delivered as soon as possible and in any event in writing within 10 working days of delivery. The fact that a complaint has been made does not release the client from his obligation to pay.

7.2 If the complaint is founded, the translator will correct or replace the work within a reasonable period of time or, if the translator cannot reasonably comply with the client’s wish that the work be improved, he will reduce the price.

7.3 The client’s right to complain shall lapse if the client has modified the work delivered, or had it modified, and then delivered it to a third party.

Clause 8. Liability; indemnity

8.1 The translator is liable only for loss or damage which is a direct and demonstrable consequence of a fault for which he can be held accountable in law. The translator is never liable for any other form of loss or damage, such as trading or consequential loss, loss due to delay, or loss of profit. In any event liability is limited to the amount invoiced for the assignment ex VAT.

8.2 The translator is relieved of any liability if the text to be translated is ambiguous.

8.3 The assessment of whether the text to be translated or the translation entails any risk of bodily injury is entirely at the client’s expense and risk; the client will indemnify the translator and hold him harmless against any claims from third parties in connection with bodily injury arising out of the use of the work delivered.

8.4 The translator is not liable for any loss of or damage to the documents, information or data carriers made available to him for the purpose of performing the assignment. Nor is the translator liable for loss or damage arising as a result of the use of information technology or modern means of telecommunications.

8.5 The client shall indemnify the translator and hold him harmlessagainst all claims from third parties in respect of which the translator does not accept liability but where liability is nevertheless asserted.

Clause 9. Termination

9.1 If the client fails to discharge his obligations, or if his business goes into bankruptcy, or is liquidated, or if a court orders that payments to creditors be suspended, the translator shall be authorised to terminate the contract or suspend its performance in whole or in part without this giving rise to any obligation to pay compensation. In that case he can require immediate payment of the amount due.

9.2 If the translator is no longer able to discharge his obligations as a result of circumstances beyond his control, he may terminate the contract without being under any obligation to pay compensation. Such circumstances shall in any event include fire, accident, illness, strikes, riots, war, obstacles to transportation, government measures, or other circumstances over which he has no control.

Clause 10. Copyright

10.1 Unless expressly otherwise agreed in writing, the translator retains the copyright in the translations and other texts he produces.

10.2 The client shall indemnify the translator and hold him harmless against claims from third parties arising from alleged infringement of property rights, patents, copyright or other intellectual property rights in connection with performance of the contract.

Clause 11. Applicable law

11.1 The contract between the client and the translator shall be governed by Dutch law.

11.2 All disputes and claims that cannot be settled amicably as provided in paragraph 7 will be subject to the exclusive jurisdiction of the competent Dutch court.

 


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