Cummings Translations: Terms

General Terms & Conditions

Scope

Unless agreed otherwise in writing, the following terms and conditions shall apply for all
services provided by CT (hereinafter referred to as "CT"). The ordering party (hereinafter referred to as "Principal") undertakes to inform CT about the purpose for which the translation is intended, which means whether it is used only for information, for publication and advertising, for legal purposes or patent proceedings, or any other purpose where specific care is required in the translation by the translator who produces the translation.

Services

All quotations are subject to change prior to work commencing. Translations will be carried out quickly with appropriate care and precision. The Principal will receive the translated document according to the terms agreed upon between the contracting parties. All documentation and information required for the translation must be made available to CT in a timely manner (including terminology lists and similar). CT will not assume liability for any errors or omissions resulting from such failures on the part of the Principal. CT is to be made aware of any special terminology or style guidelines upon conclusion of the purchase order agreement. In the event of any uncertain passages in the source document, CT has the right to ask the Principal for sufficient clarification. CT also reserves the right in such cases to translate the document to the best of their knowledge according to an appropriate interpretation of the text. In the context of rush deadlines, purchase orders will be permitted by telephone, email or other means. Any additional expenses incurred as a result of such purchase orders shall be payable by the Principal. In the event that additional work is to be appended to an existing purchase order, CT must be informed in a timely manner.

Confidentiality

All documents will be treated as strictly confidential by CT and will be released only to persons that have been appointed by the Principal. CT and its employees agree to non-disclosure of any facts and information relating to the purchase order or that become known during the translation process.

Deadlines

Delivery dates shall only be considered valid after being confirmed in writing by CT. In the event of force majeure or other obstructions to a purchase order, CT reserves the right to ask for a respite or withdraw totally or partially from the contract. Any completed portions of a translation will be forwarded to the Principal at the earliest possible opportunity under such circumstances. Principal shall compensate CT for any expenses incurred or servics provided up to such time.

Liability

All and any complaints about a translation's quality must be made within a period of two
weeks after delivery (dispatch by mail) of the translation. Evidence of such deficiencies must be
given by Principal in writing. Principal shall grant CT a reasonable period for the remedy of deficiencies. If Principal
refuses the grant of such reasonable period, CT shall be discharged from assuming any responsibility for such deficiencies. If the deficiencies are remedied within the reasonable period, Principal shall have no claim to reduction of the price. If CT allows the reasonable period to pass without remedying the deficiency, Principal can
rescind the order or demand a reduction of the remuneration (price reduction). There is no right of
rescission or price reduction for irrelevant (i.e. minor) deficiencies.

Claims for warranty shall not entitle the Principal to withhold or offset agreed payments. There shall only be liability for translations used for publication if Principal expressly notified CT in writing beforehand that Principal intends to publish the text and that CT is provided with the proofs for proof-reading (author's correction). In this event CT shall be paid a reasonable remuneration for the correction and shall pay the hourly rates as charged by CT for such service.

There shall not be any responsibility for deficiencies for the translation of documents that are illegible or uncomprehensible. Stylistic improvements and corrections of specific terminologies (particularly such which are specific to certain branches of business or are used in-house) shall not be recognized as deficiencies in the translation. There shall not be any responsibility for deficiencies concerning abbreviations which were not explained by Principal on placement of the order.

CT shall not assume any responsibility for the correct reproduction of names and addresses which are not in Latin letters. Principal is advised to provide the proper names and designations in Latin capital letters on a separate sheet of paper. The same shall apply for illegible names and figures in birth certificates and other documents.

The reproduction of numbers is made according to manuscript. No liability is assumed for the conversion of figures, measurements, currencies and the like. CT shall be liable to Principal for any manuscripts, original documents and the like provided by Principal and shall act as a custodian within the terms of the German Civil Code for a period of four weeks insofar as the same are not returned to Principal upon delivery of the translation.

There is no obligation to take out insurance coverage. Documents shall be delivered by mail or email. No liability shall be assumed for the provision of translators with the exception of any damage caused by intent or gross negligence in the selection of the same.

Delivery

All completed purchase orders shall be sent by e-mail or regular postal mail (surface, non-express) within Germany or via air mail at the Principal's expense to destinations outside of Germany. Exceptions to this policy are expressly denied unless previously agreed to in writing. The Principal may request delivery of a completed purchase order via e-mail or other means. Once the completed purchase order has been posted or transferred to a forwarding agent, CT is excluded from all further liability.

Terms of Payment

Any prices quoted in price lists or other offers do not include VAT. Deliveries to EU countries are tax-free, if at the time that contract was awarded, the sales tax identification number is included. Cost estimates can only be given when the Principal specifies the specific subject and provides details on the volume of text (number of words or number of lines where one line = 55 characters). In the case of large volume work orders, CT may require deposits, scheduled payments or partial payments for any work in progress. In the case of an order being cancelled, the Principal is required to pay for any translation work that has already been completed. Furthermore, the Principal shall pay the cancellation fee applicable at the time of the order. Payment Terms shall be 2% 14 Net 30 and interest shall be calculated at the rate of 2% per month on any past due balances.

Reservation of ownership and copyright

Ownership of a work order is reserved exclusively by CT until all related fees have been paid in full. The Principal is not entitled to use objects of the work order unless all fees have been paid in full. Insofar as copyrights or other rights of protection result from the translation process, all such shall remain the exclusive rights of the translator unless previously agreed to in writing.

Miscellaneous

In cases of contractual disputes, performance flaws, translation errors and any resulting claims, the law of the Federal Republic of Germany shall apply. Should any of these terms be deemed or become invalid or ineffective, this shall not affect the validity of the remaining terms. Any contractual relationships exist only between CT and the Principal and never between the Principal and freelancers working for CT. The place of performance and jurisdiction for both contracting parties, if legally admissible, is Amtsgericht Berlin and Landgericht Berlin, Germany.