Chinese translation agengy

General terms and conditions

Article 1 – Applicability of the terms and conditions

1.1

These conditions apply to every quotation and to every agreement between LBS – Language & Business Services (hereinafter referred to as LBS) and a client to which LBS has declared these conditions to be applicable, to the exclusion of the client’s terms and conditions for as far as LBS has not explicitly deviated from these conditions.

1.2

The conditions to hand also apply to all agreements with LBS for which third parties must be involved in the execution thereof.

Article 2 – Quotations, drawing up of the agreement

2.1

All quotations and pricing quotations by LBS are without obligation.

2.2

The agreement is drawn up through written acceptance by the client of the quotation from LBS or – if no quotation is issued – through written confirmation by LBS of an order provided by the client. If for the quotation LBS has not been able to peruse the complete text within five working days LBS can nevertheless after the acceptance of the quotation by the client then still revoke the price quotation and the stated deadline. All pricing quotations are made exclusive of VAT, unless specifically stated otherwise.

2.3

LBS may consider as its client the person who has given the order to LBS, unless this person has explicitly stated that they act pursuant to a mandate, on behalf of and under the responsibility of a third party and provided the name and address of this third party are provided to LBS at the same time.

Article 3 – Changes to and withdrawal of orders

3.1

If after the drawing up of the agreement the client makes changes to the order other than those of a small nature, LBS has the right to adapt the terms and/or the price or to still refuse the order.

3.2

If the client withdraws an order, the client is liable to pay for the part of the work already carried out, as well as a remuneration on the basis of an hourly tariff for research work already performed for the other part.

3.3

If LBS has reserved time for the execution of the order and this time cannot be used for something else any more, the client is obliged to pay a remuneration of 50% of the agreed fee for the part of the order that has not been carried out.

Article 4 – Execution of orders, confidentiality

4.1

LBS is obliged to execute the order to the best of its knowledge and ability and with good professional skills for the aims specified by the client.

4.2

LBS will treat all information made available by the client as strictly confidential. LBS will oblige its workers to respect this confidentiality. However LBS is not responsible for breaches of confidentiality by its workers if it can make a reasonable case for not having been able to prevent such breaches.

4.3

Unless expressly agreed otherwise LBS has the right to have an order (also) executed by a third party, without diminishing its responsibility for treating the order as confidential and the thorough execution of the order. LBS will oblige such third parties to respect the confidentiality of the order.

4.4

If asked the client will provide explanations as regards the content of the text to be translated as well as documentation and terminology. The sending of such documents always takes place at the risk to and costs of the client.

4.5

LBS is not responsible for the correctness of the information provided to LBS by the client and accepts no responsibility for damage of whatever nature if LBS has based the information on incorrect or incomplete information provided by the client, even if this was provided in good faith.

Article 5 - Intellectual property

5.1

Unless otherwise expressly agreed in writing, LBS retains the copyright to translations and other text prepared by LBS.

5.2

The client indemnifies LBS against claims from third parties as regards alleged infringement of copyrights, patent rights, author’s rights or other intellectual property ownership rights in connection with the execution of the agreement.

Article 6 - Dissolution

6.1

If the client does not meet its obligations, as well as in the case of bankruptcy, suspension of payment or liquidation of the client’s company, LBS is authorised without any obligation to pay compensation to dissolve the agreement in whole or in part and/or to suspend the execution thereof. LBS can then demand immediate payment of any claims due.

Article 7 – Complaints and disputes

7.1

The client must announce complaints to LBS about the delivery as soon as possible and in any case in writing within ten working days of the delivery. The registering of a complaint does not release the client from its obligation to pay.

7.2

If the complaint is well founded, LBS will improve or replace the delivered text within a reasonable time or, if LBS cannot in all reasonableness meet the requirement for improvement or replacement, it will apply a reduction in the price.

7.3

The client’s right to make a complaint lapses if the client has worked on or had work done on that which was delivered and has then passed it on to a third party.

Article 8 – Terms and timing of delivery

8.1

The agreed delivery period is a target date unless it has been expressly agreed otherwise in writing. LBS is obliged, as soon as it is clear that timely delivery is not possible, to inform the client of this immediately.

8.2

In the case of an accountable exceeding of the promised term, if the client can no longer wait for the execution of the agreement in all reasonableness, the client has the right to unilaterally dissolve the agreement. In that case LBS is not obliged to pay any compensation.

8.3

The delivery is considered to have taken place at the time of personal delivery or being sent by e-mail, ordinary post, fax or courier.

8.4

Delivery of information via electronic mail is considered to have taken place at the moment when LBS has confirmed its receipt.

Article 9 – Fee and payment

9.1

The fee for a translator is in principle based on a word tariff. For work other than translation work in principle a fee is charged on the basis of an hourly tariff. In addition to the fee LBS can also charge the client for expenses to be paid by the client connected with the execution of the order that are not included in the basic fee.

9.2

The fee is exclusive of VAT unless otherwise expressly agreed.

9.3

Bills must be paid in full within 30 days of the invoice date at the latest in the currency stated on the bill. After the expiry of the term of 30 days the client is in default immediately and without further proof of default, in which case the client is obliged to pay the statutory interest on the invoice amount from the date of being in default until the moment that the amount is paid in full.

9.4

In the case of extrajudicial collection charges a collection tariff of 15% applies to the first € 2,000 of the sum total plus interest and a tariff of 10% to the remaining amount, with a minimum of € 125.00.

Article 10 - Liability: indemnification

10.1

LBS is never liable for any damage whether direct or indirect that can arise from faults or shortcomings that are made during the execution of the work, except for damage that is the direct and demonstrable consequence of a shortcoming attributable to LBS or unlawful dealings.  LBS is never liable for all other forms of damage such as consequential loss, damages due to delays and loss of profit. The liability is in any case limited to an amount equal to the invoice value excluding VAT for the order concerned with a maximum of € 500.

10.2

Ambiguity of the text to be translated releases LBS from any liability.

10.3

The judgement as to whether the text to be translated or the translated text implies specific risks of bodily injury remains totally the responsibility of and at the risk to the client.

10.4

LBS is not liable for damage or loss of the documents, information or information carriers made available for the benefit of executing the agreement. LBS also not liable for damage arising as a consequence of the use of information technology and modern means of communication.

10.5

The client is obliged to indemnify LBS against all claims by third parties arising from the use of all that which is delivered by LBS, except for as far as liability by LBS exists by virtue of this article.

Article 11 – Force majeure

11.1

In these terms and conditions, by force majeure is meant, as well as everything that is understood to be force majeure in law and jurisprudence, all causes outside the control of LBS, whether foreseen or not foreseen, on which LBS cannot exert any influence, but because of which LBS is not in a position to carry out its obligations. This implies in any case but not exclusively: fire, accident, illness, strikes, revolt, war, measures taken by the government and hindrances to transport.

11.2

During a period of force majeure the obligations of LBS are suspended. If the period in which LBS is unable to meet its obligations due to force majeure is longer than two months, both parties are authorised to dissolve the agreement without any obligation to pay claims for damage arising in that case. If the client is a consumer, the authority to suspend work as meant in this article only applies for as far as he/she is entitled to this authority according to the law.

11.3

If at the start of a period of force majeure LBS has already partly fulfilled its obligations, or is only able to fulfil part of its obligations LBS has the right to charge separately for the work already carried out and the client is obliged to pay this invoice, as if it were a separate agreement.

Article 12 – Applicable law

12.1

The legal relationship between the client and LBS is subject to the laws of The Netherlands.

12.2

All disputes arising from these general terms and conditions are subject to the judgement of the authorised Dutch judge.

Article 13 – Deposition and registration

13.1

These revised general terms and conditions are deposited at the Kamer van Koophandel (Dutch Chamber of Commerce) in Den Haag.

13.2

LBS – Language & Business Services is registered at the Haaglanden Kamer van Koophandel under number 27159862.

Contact

LBS - Language & Business Services
Anthony Fokkersingel 112
2497 BH  Den Haag

+31 (0)70-363 54 59

info@l-b-s.com

 

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