Standard Terms of Business
Last amended: 01.01.04
1. You accept these terms when you submit an order. Where you are acting on behalf of a third party I am entering a contract exclusively with you and you shall make all payments punctually without consideration of the performance of your end customer.
2. I will advise delivery dates to the best of my knowledge and intent but you agree to renegotiate the delivery date in the event of exceptional circumstances such as: unforseen difficulties with the text, you change your requirements, you do not provide me with the agreed resources, illness, and disruptions such as computer failure.
3. Invoices are payable at the invoice date in euros by either cash payment, direct bank transfer, bank draft or Eurocheque. Personal cheques will not be accepted and you are responsible for all bank fees. VAT is payable in addition to all prices. The completed work remains my property until payment has been made in full and you have no right of use until that time.
4. Where a prepayment or instalment is overdue I have the right to stop work until the overdue amount has been paid. Recommencement of work shall be solely at my discretion and the action I take does not create a liability to you or third parties in any way.
5. Should you not be satisfied with the document then, within 5 days of having received it, you shall provide me with a detailed description of the fault in writing and allow me a reasonable time to correct it. Should I receive no written complaint within the 5-day period then the document is deemed approved and you waive the right to all claims which may arise on the basis of faults in it. You have no right to further claims including payment for damages for non-fulfillment.
6. In the case of legal texts, I provide literal translations and I make no assertions about their validity under any particular legal system.
7. I assume no responsibility for the factual contents of the translated text. I am liable for damages where gross negligence or intent is proven in accordance with the law. Liability for minor negligence arises only upon breach of contractual obligations. In all cases my liability is limited to the level of the value of the assignment in question. You agree to keep me harmless from all legal action and all liability arising whatsoever from the claims of third parties.
8. I accept no responsibility for the confidentiality, loss or damage to documents or data transferred between us whether electronically or otherwise. I undertake to regularly use anti-virus software but shall not be liable for damage caused by viruses. You are responsible for checking files and texts which you receive.
9. Should you become insolvent or go into liquidation or bankruptcy, or should you seek protection from, or enter an agreement with, your creditors then I have the right to withdraw from the contract.
10. The governing law for these terms and all contracts between us is German law. In the event of a dispute the legal venue for both of us shall be Munich, Germany. In the event that one or more of these terms is or becomes invalid, the validity of the other terms is not affected and the invalid term shall be replaced by a valid term which achieves the intended meaning as closely as possible.