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Terms and Conditions
§ 1 General scope of application
1. These terms and conditions apply to all current and future business relationships between the contractor (Mareš GmbH) and its clients. Any deviation, contradictory, or supplemental general terms and conditions, even if known, will not be considered part of the contract unless their validity is explicitly approved in writing.
2. Within the context of these terms and conditions, consumers are natural persons with whom a business relationship has been established, without these persons being assigned a commercial or independent freelance role. Within the context of these terms and conditions, a business is a natural or legal entity or private company with legal capacity engaging in commercial or independent freelance activity and with which a business relationship is established.
Within the context of these terms and conditions, clients include both consumers and businesses.
§ 2 Pricing/place of fulfilment
1. The contractor provides their services in accordance with the fee list or quotation accompanying the contract, at their offices in Munich.
Services performed off the contractor's company premises at the client's request are charged at the applicable hourly rate. The smallest unit for billing is the full hour.
2. Cost estimates are non-binding and therefore merely indicate an approximate price. Invoices are issued only after services have been rendered and then only in accordance with the legal stipulations of the German Civil Code (BGB), § 632, Section 3 and § 650, Section 2.
§ 3 Payments
1. Invoices in which statutory value-added tax is listed separately, must be paid within eight days without any kinds of deductions.
2. In the case of delayed payment, the client must pay interest in the amount of 5 % above the base rate if the client is a consumer and 8 % if the client is a business. The contractor reserves the right to charge and claim higher damages against businesses in case of delayed payment.
3. The client is only entitled to compensation if their counter-claims have been legally enforced or recognised by the contractor. The client may only exert the right of retention if their counter-claim is asserted on the basis of the same contractual relationship.
4. Even if the client has established conditions that deviate from this, the contractor has the right to deduct any payments from older debts of the client, with payments first being deducted from interest and costs and then from the principle amount. This stipulation is only applicable if the client is a business.
§ 4 Scope of services, sending of projects
1. The contractor guarantees the strictest confidentiality. They will provide their services in accordance with current linguistic standards. If further technical terms, specialised terminology, print or copy-ready originals set true to side or with word wrapping or transliteration, or transcription, etc. is needed in accordance with ISO standards or another set of standards, this must be specifically stated in the project order along with the desired file format. The same applies to binding deadlines and special sending methods. The contractor has the right to charge the client for damages/costs incurred by violation of secondary obligations, particularly obligations related to due diligence.
2. If the contractor takes responsibility for shipping the deliverables, the client must cover the costs arising from this. If the client is a business, they will be liable for transport hazards in all cases.
§ 5 Liability/warranty, statute of limitation
1. The contractor is never liable for force majeure. Any compensation for any kind of damages caused directly or indirectly will be explicitly rejected, unless the damages were intentionally caused by the contractor or were caused by the gross negligence of the contractor. In this case, claims to compensation for damages are limited to damages that are foreseeable within the time period in which the contract is concluded. This also applies to breaches of duty by legal representatives or assistants of the contractor.
2. Claims to compensation for damages made by the client will expire one year after delivery of the service on which they are owed. This does not apply in the case that the contractor can be accused of deceit.
3. The contractor does not accept any liability for the style of the translation or any shortcomings caused by poor legibility, erroneous, or incomplete originals, terminology specific to the customer, and/or reference databases or a lack of text cohesion.
4. The contractor has a right to be granted the opportunity to improve upon work completed. The client must submit any complaints concerning any deficits in writing with written justification within fourteen days or, provided they are a merchant, immediately after the work completed by the contractor has been delivered.
5. Liability for loss of the original and other documentation by a third party is excluded.
6. Liability for ready-to-print translation orders is limited to a maximum amount of € 250,000.00. Before such a liability claim can be enforced, the proof must have been submitted twice for improvement. This liability limitation does not apply to damages caused intentionally or by gross negligence, whether it be by the contractor or one of their assistants.
7. The contractor guarantees that all data carriers and files sent electronically have been scanned by a current version of a virus scanner. Nevertheless, the complete absence of viruses cannot be guaranteed.
§ 6 Copyright
The contractor owns the copyright for the translations they create and services they provide. Until full payment is received, the service provided remains the property of the contractor. The client has the right to one-time use, if the copyright has not been relinquished in the contract.
§ 7 Final provisions
1. The laws of the Federal Republic of Germany apply exclusively.
2. To the extent permitted by law, Munich is agreed as the place of jurisdiction for all disputes arising from this contract. The same applies if the client does not have a general place of jurisdiction in Germany.
3. Should the individual conditions of this contract with the client, including general terms and conditions, be or become ineffective in part or in full, the validity of the remaining conditions remains unaffected. The regulation that is ineffective in part or in full should be replaced by a regulation with an economic result as similar as possible to that of the ineffective regulation.