TERMS AND CONDITIONS
2 - All legally binding transactions between Turnaround Translations and the client shall be subject to Dutch law. Any disputes will be submitted to the competent court in the Netherlands. 3 - All tenders and prices quoted by Turnaround Translations shall be non-obligatory. 4 - The agreement shall become effective upon the client’s issuing of a written acceptance of the tender submitted by Turnaround Translations or, in the event that no tender has been submitted, upon Turnaround Translations issuing written confirmation of the engagement. 5 - In the event of Turnaround Translations not having been able examine the complete source text, Turnaround Translations shall be entitled to retract the price and lead time quoted after acceptance of the tender. 6 - If, after conclusion of the agreement, the client makes any alterations to the engagement other than minor changes, Turnaround Translations shall be entitled to refuse those alterations or to amend the original agreement. 7 - If the client cancels the engagement, payment shall be due for the part of the engagement already executed, increased by a maximum of 50% of the part not executed. This increase shall be determined by 8 - Turnaround Translations shall undertake to perform the engagement to the best of its knowledge and abilities. 9 - Turnaround Translations shall treat all information provided by the principal with the strictest confidentiality. Turnaround Translations shall 10 - Turnaround Translations shall be entitled to engage third parties to perform the engagement, either in full or in part, without prejudice to Turnaround Translations’ obligation to perform the engagement reliably and confidentially. Turnaround Translations shall require the strictest confidentiality of any third parties engaged. Turnaround Translations shall not be accountable for any breach of confidence by third parties. 11 - If so requested, the client shall provide Turnaround Translations with information regarding the contents of the source 12 - The lead time agreed is a target time. Should timely delivery of the product prove impossible, Turnaround Translations shall inform the client immediately. Turnaround Translations may, but is not obliged to, lower the fee agreed, depending on the circumstances and on the time by which delivery is delayed. 13 - Should Turnaround Translations be accountable for the delay, the client shall be entitled to rescind the agreement without being obliged to compensate Turnaround Translations, if it is unreasonable for the client to wait any longer. 14 - Delivery shall be deemed to have taken place at the moment of dispatch by post, courier, fax or electronic traffic. 15 - All amounts are presented exclusive of VAT. 16 - Invoices shall be paid within 14 days after the date on the invoice, in the currency in which the invoice is made out. Should payment not have been made within the period set, the client will be in default, and 17 - In the event of extrajudicial collection being required, a collection surcharge will be levied totalling 15% on the first NLG 5,000 of the capital amount plus interest and 10% of the remaining amount, with a 18 - Should the principal not be satisfied with the product delivered, a complaint may be made known in writing within 5 working days of the product having been delivered. Reporting a complaint shall in no way 19 - Turnaround Translations shall not be accountable for any damages other than those resulting directly and demonstrably from shortcomings on the part of Turnaround Translations. Turnaround Translations shall in no event be accountable for any other damages, such as trading or consequential damages, damages incurred as a result of delays and income foregone. The accountability shall in all cases be limited to the amount invoiced, exclusive of VAT, for the engagement concerned. 20 - Turnaround Translations cannot be held accountable for erroneous interpretations of text which may be considered to be ambiguous. 21 - Turnaround Translations cannot be held accountable for any damage to or loss of documents or information carriers made available by the client. 22 - In the event that the client does not fulfil his/her commitments, as well as in the event of bankruptcy, suspension of payments or liquidation of the company of the client, Turnaround Translations shall be entitled to terminate the agreement either in part or in full or to suspend the execution of the engagement, without being obliged to pay any compensation. In such cases, Turnaround Translations shall be entitled to demand immediate payment of the fee due. 23 - In the event of Turnaround Translations being unable to fulfil its commitments owing to circumstances beyond its control, Turnaround Translations shall be entitled to terminate the agreement either in part or in full, without being obliged to pay any compensation. Such circumstances include but are not limited to fire, accidents, sickness, strikes, civil unrest, war, transport impediments and government measures. 24 - Turnaround Translations shall retain the copyright to any products delivered, unless the parties have agreed otherwise in writing. 25 - The client indemnifies Turnaround Translations against any third-party claims regarding alleged breach of rights of ownership, patent rights, authors' copyrights or any other intellectual property rights arising in connection with the execution of the engagement. 26 - In the event of any disputes arising based on possible ambiguous interpretations of these terms and conditions, the Dutch-language terms and conditions of Turnaround Translations shall be leading. |