XTRA Translation Services - Localisation for IT Products, Websites & e-Learning

General Terms and Conditions of XTRA Translation Services GmbH
(March 12th, 2004)

1. Definitions

In these General Terms and Conditions the following terms have the following meanings:

Customer
Any natural person or legal entity who has issued a translation assignment to XTRA Translation Services GmbH

Supplier
XTRA Translation Services GmbH

Translation
The reproduction from one language into another language of the content of a document provided by the customer, revision, and the activities in connection with the above

Additional work
Any further work necessary to complete the assignment properly and/or further work assigned by the customer as part of the same assignment

Reduced work
Any part of the assigned work that the customer no longer wishes to have performed at a given point in time.

2. Assignment


2.1.	The supplier performs the assignment to the best of his/her knowledge and strives to use recognised terminology in the translation.
2.2.	Any supplement and/or change to a previously issued assignment, including author’s corrections and also including any assignment to make corrections after the expiry of the period stated in clause 8.1, is regarded as a separate assignment.

3. Prices


3.1.	The prices quoted by the supplier are exclusive of VAT.
3.2.	Additional work is charged to the customer by the supplier. Reduced work, including the complete cancellation of an assignment by the customer, can only result in a reduction in price if the supplier has not already undertaken any work in respect of the performance of the assignment.

4. Delivery


4.1.	Unless expressly agreed otherwise, the delivery date or time stated shall not be regarded as a firm date.

5. Copyright


5.1.	On delivery, the customer acquires the right of use for the publication and reproduction of the completed assignment on the suspensive condition of payment of the invoice within 15 days of date of invoice.

6. Payment


6.1.	The supplier’s invoices must be paid within 15 days of date of invoice at the latest, failing which the customer is in breach without further notice of default and interest becomes payable at the statutory rate from the due date of the invoice.
6.2.	The customer is not entitled to make any claim to set-off, adjustment, or suspension or retention of payment, nor may the customer deduct any discount from the payment.
6.3.	Any circumstance relating to the customer which renders the performance of the assignment by the supplier pointless or impossible is for the customer’s risk. The customer undertakes that in such a case he or she will pay the amount agreed for or due on the assignment without delay.

7. Dissolution


7.1.	Where the performance of the assignment has already commenced the customer cannot dissolve the contract on the ground of a non-attributable shortcoming on the part of either the supplier or the customer.

8. Complaints and corrections


8.1.	Complaints relating to a translated text or texts must be made within 15 days of delivery. No complaints will be accepted after that period.
8.2.	Any corrections which arise from a complaint and which the supplier considers necessary will be performed free of charge by the supplier on a single occasion. Corrections performed by the customer himself/herself or through third parties may not be charged to the supplier.

9. Liability


9.1.	The supplier is not liable in any way whatsoever for any loss or damage, including direct and indirect loss and consequential loss, suffered by the customer in connection with the performance of the assignment, or for any loss resulting from damage to, destruction of or loss of the data and/or documents entrusted by the customer to the supplier.
9.2.	The customer indemnifies the supplier against all claims by third parties against the supplier for all past or future loss or damage suffered by them, including direct and indirect loss and consequential loss of whatever nature.

10. Disputes and applicable law


10.1.	All disputes between the parties shall be settled by the competent court in Böblingen.
10.2.	The contracts concluded with the supplier, the interpretation of these contracts and the application of the present general terms and conditions shall be governed by German law.