GENERAL TERMS & CONDITIONS

These general terms and conditions apply to all commercial translations and are subject to German law. In the unlikely event of a dispute about the translation of a term, the text of the original text will take precedence.

1. SCOPE OF APPLICATION
These General Terms and Conditions (GTCs) apply to all business relations of Anglokom, headquartered in Waiblingen, Germany and its customers, even if no reference is given by Anglokom to these GTCs when accepting an individual order. Subsequent adjustments to these GTCs automatically become part of the contract unless amended contractual provisions are objected to by the client within four weeks of receipt.

All orders will be fulfilled solely according to the following terms. Any differing terms and conditions of the client shall not become part of the contract even if Anglokom raises no specific objection to them unless other specific arrangements are contractually agreed in advance.

2. CONCLUSION OF THE CONTRACT
A contractual relationship with Anglokom shall only be deemed to exist once written confirmation of an order has been issued. Verbal agreements shall not be legally valid unless confirmed by Anglokom in writing.

Should the client require specific company terminology to be used this must be expressly agreed by Anglokom in advance and shall be subject to the necessary provisions, including previous translations and/or terminology lists, being made available prior to starting the project.

3. FULFILLMENT AND TRANSFER OF RISK
Anglokom is deemed to have fulfilled its services once the translation has been posted by mail or the translation is passed on to another company assigned by Anglokom to deliver the translation or when a client downloads the translation from the Anglokom client portal or the client receives the translation via another electronic transmission method that has been agreed in advance. Original source texts shall be returned at the client’s request and at the client’s risk.

4. DELIVERY DEADLINES AND DELAYS
Delivery deadlines shall become effective once confirmed in writing by Anglokom. If Anglokom delays in rendering its services, Anglokom shall, in the first instance, be granted a reasonable additional period of time for completion. Only after the extended period has passed without resolution shall the customer be entitled to pursue claims for delay within the scope of the limitation on liability. The client remains liable to pay for all services rendered by Anglokom up to the point at which the client indicates a refusal to accept delivery.

Should Anglokom fail to make delivery even after the passing of an extension of the original deadline agreed with the client, Anglokom shall still be entitled to complete delivery after the additional period has elapsed provided Anglokom gives the client a reasonable period of advanced notice. If the client has not yet responded in writing whether they accept an additional period before delivery by the time at which Anglokom offers to deliver as notified, then the client shall be liable to accept the delivery offered by Anglokom. If the client declines to do so, he shall be deemed to be in default of acceptance.

If Anglokom is hindered from delivering additional and/or fulfilling services by force majeure or other unavoidable circumstances outside the control of Anglokom, a cancellation or claim to compensation by the client is excluded.

5. GUARANTEE, LIABILITY
Except for cases where errors are not immediately obvious, Anglokom must receive written notification of errors in the translation within 14 days of delivery (date of delivery/data transmission or of the Anglokom invoice). Anglokom must be notified of any errors that are not immediately obvious within 14 days of their discovery. In the event of minor deviations from the contract, and in particular in the event of only minor errors, the client shall have no right of cancellation. In all other respects, the client shall only be entitled to withdraw from the contract if Anglokom is responsible for a gross breach of duty as a result of any error. Anglokom shall accept no liability for damages that arise as a result of the client forwarding an unchecked translation. The client shall be liable for any errors in the source text. Anglokom shall not be held liable for errors in printed copy if Anglokom is not presented with the proofs for final review. If the client requires the use of particular specialised terminology, Anglokom shall be exempt from any liability in this respect for damages caused by errors in the specialised terminology supplied.

In the case of breaches of duty that are slightly negligent, Anglokom’s liability shall be limited to include only the foreseeable, immediate average damages typical of contracts for the type of work completed. This shall also apply in the event of that one of Anglokom’s suppliers has shown a slight neglect of duty. In the case of neglect of contractual duties that are insignificant, Anglokom shall not be liable. These limitations to liability do not apply to claims by the client arising from product liability. The limitations to liability also do not apply for claims on the grounds of personal injury, harm to health or loss of life by the client attributable to Anglokom.

6. PAYMENT TERMS
Invoices from Anglokom shall be due for payment in full upon receipt. Any rights of avoiding obligations to pay in the event of errors or claims that are disputed or not legally enforceable are explicitly excluded. The client shall furthermore not offset any existing claims, except where such claims have been agreed or legally established.

7. TRANSFERRAL OF RIGHTS OF USE
The copyright on all translations, text edits, translation memory and terminology databases completed by Anglokom shall be retained by Anglokom until full payment has been made for the services rendered.

8. NON-SOLICITATION AGREEMENT
The client shall neither appoint nor otherwise employ any Anglokom employee or Anglokom agent before the expiry of a period of 12 months after the conclusion of a contract. A penalty of EUR 25,000 shall be paid for each case of violation of this agreement.

9. DATA PROTECTION
The client agrees to its data being stored for administration purposes and in order to complete the contracted services in compliance with German Data Protection Law. The client is furthermore obliged to ensure that any data transmitted to Anglokom is permitted for transferral to Anglokom for its intended purpose.

10. FINAL PROVISION
If individual terms of this contract transgress mandatory German law either in whole or in part or are void or not applicable for other reasons, the validity of the remaining clauses shall remain unaffected.

The place of performance and jurisdiction for all claims and legal disputes arising from the contractual relationship shall be Waiblingen, Germany. It is agreed that German law shall apply exclusively.