General Terms and Conditions

Paragraph 1: Scope of application

These General Terms of Business apply to all business transactions between T.C.C. (Beijing) Co,Ltd., the customer (Client) and third parties (Contractors). With their order, the Client or Contractor recognizes these General Terms of Business, which will then apply to the entire business relationship and therefore also to future orders. T.C.C. (Beijing) Co., Ltd. will only be bound by the Client's or Contractor's terms of business if T.C.C. (Beijing) Co., Ltd. expressly recognizes them in writing.

 
Paragraph 2: The placement of orders, the Client's duties of cooperation

(1) The Client must place orders by email, fax or post. The Client will be responsible for performance defects or delays that result from the placing of unclear, incorrect or incomplete orders. The relationship relating to the order will only come into being when T.C.C. Beijing Co., Ltd. has by email or fax confirmed the order by way of a confirmation of order that refers specifically to the Client's respective order.

(2) When placing an order for translation, the Client must specify the target language, technical field and purpose for which the text is destined, any special terminological requirements and any special requests regarding the method of execution (outer appearance of the translation, storage on specific storage media and so on). If it is intended to print the translation, the Client must provide T.C.C. Beijing Co., Ltd. with the opportunity to proof-read the translation before the printed version is created. T.C.C. Beijing Co., Ltd. will not be liable for errors resulting from the non-fulfillment of these obligations.

 
Paragraph 3: Execution of the order, delivery times

(1) The translation will be carried out for informational purposes to the best of our knowledge and belief in full and in accordance with the rules of grammar and in compliance with the meaning of the text and the purpose of the translation. In the event that the Client does not provide any accompanying information material or special instructions, technical terms will be translated in the usual way and in a generally understandable manner. The translation performance will not include style revisions. The Client will receive the translation in the agreed form.

(2) If, where words possessing several meanings are concerned, the meaning of a word is only apparent from the context of the text, the Client will be responsible for any translation errors if he or she did not provide to T.C.C. Beijing Co., Ltd. the accompanying materials necessary to carry out the translation.

(3) T.C.C. Beijing Co., Ltd. may employ the services of contractors to carry out the order. By submitting a quote and by accepting an order, the Contractor undertakes to treat documents and all materials entrusted to him or her as highly confidential, to not forward them to others and to use them exclusively for the purposes of translation or modification in accordance with the order placed by T.C.C. Beijing Co., Ltd. . In the event of non-compliance, the Contractor will be fully liable to T.C.C. Beijing Co., Ltd. and will release T.C.C. Beijing Co., Ltd. from any claims made by third parties.

(4) Delivery times will be stated by T.C.C. Beijing Co., Ltd. to the best of its knowledge and belief; they, however, can only ever be probable dates and cannot be guaranteed.

(5) The translation will be dispatched in accordance with the Client's specifications by email, fax or post. T.C.C. Beijing Co., Ltd. will not be liable for damage that occurs during transport.

 
Paragraph 4: Payment

Insofar as no other agreement exists for the individual case, the usual payment in euros will be deemed to have been agreed. The payment will be calculated on the basis of standard lines in the translated text while taking account of the level of difficulty of the text to be translated, the agreed delivery time and the source text's file format. A standard line consists of 55 characters (including layout characters and spaces). The prices are net prices to which value added tax will be added. In the event of large orders, an appropriate down payment along with part payments based on the completed amount of text will be requested. Full payment will be due on receipt of the translation. Here, offsetting with disputed demands is not permitted.

 
Paragraph 5: Cancellation

If, without being legally or contractually entitled to do so, the Client cancels a placed order, the costs incurred up to the point that the order was cancelled must be settled and any work carried out up to this point in time must be paid for.

Fees depending on the type and duration of the deployment will be charged for cancellations of interpreter performances. For interpreter performances of up to one day, it will be possible for the Client to cancel the order and incur no cost if the order is cancelled at least three days before the date that has been arranged for the work.  T.C.C. Beijing Co., Ltd. will invoice a cancellation charge of up to 50% of the agreed fee for cancellations made within 72 to 24 hours before the date that has been arranged for the work The agreed fee will be invoiced in full for cancellations made within 24 hours before the date that has been arranged for the work. For interpreter performances lasting more than one day, it will be possible for the Client to cancel the order and incur no cost if it is cancelled at least ten days before the date that has been arranged for the work. T.C.C. Beijing Co., Ltd. will invoice a cancellation fee of up to 50% of the agreed fee for cancellations made within nine to three days before the date that has been arranged for the work. The full fee will be invoiced for cancellations received after this time limit. The Client will be free to demonstrate that the damage suffered in the concrete individual case is considerably less than the flat cancellation fee.

 
Paragraph 6: Warranty

(1) The Client must check the delivered translation.

(2) Complaints about defects will only be given consideration within commercial business if T.C.C. Beijing Co., Ltd. is notified in writing immediately after delivery (in the event of apparent defects) or immediately after any defects have been discovered (in the event of concealed defects). The defect about which the complaint is being made must be described specifically. If the Client does not provide such notification, the translation will be deemed to have been approved.

(3) Complaints about defects in non-commercial business must be made in writing with concrete specification of the defect and, in the event of apparent defects, such complaints must be made within a time limit of 14 days of the delivery of the translation.

(4) In the event of defects for which notification was provided in accordance with Section 2 or Section 3, T.C.C. Beijing Co., Ltd. will be entitled to rectify the defect. If such rectification fails, the Client may set an appropriate time limit for T.C.C. Beijing Co., Ltd. to rectify the defect and associate the setting of the time limit with the declaration that the Client will reject rectification of the defect after the said time limit has expired. After the time limit has expired, the Client will be entitled at his or her discretion to demand that payment be reduced or that the contract be rescinded.

(5) No liability will be assumed for defects caused by the Client breaching his/her duties of cooperation or that have been caused by incorrect, incomplete, terminologically incorrect or poorly legible source texts.

(6) T.C.C. Beijing Co., Ltd.'  liability will be limited to intent and gross negligence insofar as no breach of an essential contractual duty has occurred – in this event, liability will be restricted to typical and foreseeable damage – or insofar as no injury to life, limb or health has occurred. The same applies to the liability of T.C.C. Beijing Co., Ltd.  vicarious agents.

(7) T.C.C. Beijing Co., Ltd. ' liability will – also in the event of slight negligence – be restricted to the invoice value of the order concerned. In regard to companies, liability for grossly negligent breach of primary contractual duties will be restricted to typical and foreseeable damage; liability for damage caused by the consequences of defects, indirect damage and lost profits is excluded.

(8) The Client may not take recourse to T.C.C. Beijing Co., Ltd. to exercise any contractual or legal claims for compensation by third parties. The Client will in any case release T.C.C. Beijing Co., Ltd. from all claims by third parties in full at the point in time when such claims are made.

(9) T.C.C. Beijing Co., Ltd. will not be liable for damage suffered as a result of force majeure (natural catastrophes, power failures, Internet failures, computer viruses that cannot be discovered through regular anti-virus scans, etc.). In these cases, T.C.C. Beijing Co., Ltd. will be entitled to withdraw from the contract or to demand that the Client grant an appropriate time limit to execute the order. Claims for compensation are excluded in this case.

 
Paragraph 7: Reservation of ownership, right of utilization, copyright

The translation will remain the property of T.C.C. Beijing Co., Ltd. until payment has been settled in full. Only when the payment has been settled in full will the Client acquire the non-exclusive right of use to the translation.  The translator who carried out the translation will own the copyrights to the translation. The Client will release T.C.C. Beijing Co., Ltd. from copyright claims – even those by third parties – that may be made against T.C.C. Beijing Co., Ltd. as a result of the translation.

 
Paragraph 8: Data protection, confidentiality

The Client agrees that for the purposes of carrying out the order his/her data will be stored in accordance with the legal data-protection regulations. T.C.C. Beijing Co., Ltd. undertakes to keep secret the contents of the documents to be translated, the information material provided in connection with the order and the data of which it has become aware through the business relationship. Cooperation with third parties carrying out the order does not constitute a breach of this duty. A duty of confidentiality does not obtain insofar as the data in question is generally known or T.C.C. Beijing Co., Ltd. is as a consequence of legal regulations, official or court instructions obliged to effect disclosure.

 
Paragraph 9: Applicable law, place of jurisdiction, amendments, effectiveness

The law of the Federal Republic of Germany will apply to the relationship resulting from the order and the rights and duties arising out of it. The place of jurisdiction for both contract parties will be T.C.C. Beijing Co., Ltd.  place of business.

The Client will be notified of any amendments to these General Terms of Business in the confirmation of order. The effectiveness of these General Terms of Business will not be affected by the ineffectiveness or invalidity of individual provisions. Deviations, amendments or secondary agreements along with the waiving of the written-form requirement must be confirmed in writing by T.C.C. Beijing Co., Ltd..
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