General terms of business
These Terms of Business apply to contracts between UTS GmbH and its Customers, unless otherwise expressly agreed or prescribed by mandatory provisions of law. They are acknowledged by the Customer at the time the order is placed and apply for the entire duration of the business relationship.
The Customer's general terms of business are only binding on UTS GmbH if the latter has expressly acknowledged them.
The Customer places orders with UTS GmbH electronically, by post or by fax.
It easier for us to provide a translation and delivery that meets the customer’s requirements if we receive detailed information and instructions.
3. Quotes and prices
All quotes are prices are subject to confirmation. They may be adapted without notice to reflect actual circumstances and changes to the expenditure incurred. Prices are in euro, unless a different currency has been agreed. All prices indicated in our quotes are net prices, exclusive of VAT. Our charges are based on the number of lines actually translated, one line being 55 characters including spaces, and are calculated by computer. Discounts and other deductions will not be granted unless expressly agreed.
Special translation requirements
For certifications, publications, adaptations of foreign language advertising texts, formatting and conversion work, proofreading and urgent orders requiring evening and weekend work, the Customer is obliged to indicate all the details in good time when placing the order, so that UTS can make the appropriate arrangements. Special requirements are subject to a surcharge or will be charged at cost.
4. Deadlines and part deliveries
Completed orders are delivered in accordance with the customer's requirements. No liability is accepted for any delays caused by late delivery by post or electronic transmission. Deadlines are given to the best of our knowledge and belief and are only ever provisional deadlines. They do not constitute a binding undertaking. The Customer is obliged to accept any part deliveries subject to the agreed conditions.
5. Disruptions, force majeure, network and server errors, viruses
UTS GmbH is not liable for damages or loss caused by disruptions to our business, in particular due to force majeure, e.g. natural events and traffic congestion, network and server errors, other connection and transmission errors for which we are not to blame and other disruptions. In such instances, UTS GmbH is entitled to fully or partially withdraw from the contract. Furthermore, UTS GmbH accepts no liability for damages or loss caused by viruses. Its computer systems (network, workstations, programs, files, etc.) are regularly checked for viruses.
When files are delivered, the Customer is responsible for performing a final virus check on the transmitted data and text files. UTS GmbH will not acknowledge any claims for compensation.
Complaints may be made within 14 days of delivery. In justified cases, compensation in kind will be provided. The Customer’s right to make a complaint shall be forfeited if he has made changes to the translation, edited it himself or had it edited on his instructions.
UTS GmbH cannot be held liable for damage to or loss of the materials provided by the Customer.
The Customer must ensure that the data are sufficiently secure.
For the remainder, UTS GmbH will only accept liability for damages caused by gross negligence or intent.
UTS GmbH may only be held liable for ordinary negligence in the event of a breach of material contractual obligations.
The compensation is set at a maximum of 10% of the order volume.
7. Retention of title and copyright
The Customer does not have the right to use the translation until full payment has been made.
UTS GmbH owns the copyright to the translation.
8. Payment terms
14 days from the invoice date, net without deductions.
In the event that texts and data are transmitted electronically between the Customer and UTS GmbH, absolute confidentiality of confidential and secret content cannot be guaranteed, due to the fact that third-party access to that content cannot be ruled out.
10. Place of performance and jurisdiction
The order and all claims and entitlements based thereon are governed by German law.
The place of performance and jurisdiction is Saarbrücken.
Should individual provisions of these General Terms of Business be ineffective or void, this shall have no effect on the validity of the remaining provisions.