1 - GENERAL
8 - LIABILITY, INDEMNITY
These general terms and conditions apply to all legal relationships between A.M.
TRANSlation Services ("the Agency") and the Client, and supersede any terms and
conditions referred to, offered or relied on by the Client, unless the Agency
specifically approves the application of such terms in writing.
2 - QUOTATIONS
2.1 Quotations and estimates issued by the Agency are free of obligation.
2.2 The Agency may revoke quoted prices or terms of delivery if it has not had
the opportunity to view the entire text to be translated prior to issuing the
quotation. The Clients oral or written acceptance of the quotation submitted by
the Agency shall constitute a contract.
2.3 The Agency may consider as a
Client any person or entity that has placed an order with the Agency, unless
said person or entity has explicitly stated that they are acting on behalf of a
third party. In this case, the Client will provide the Agency with the name and
address of the third party, in addition to the invoicing address, upon placing
2.4 Any reasonable doubt on the part of the Agency about the Clients ability to
pay shall entitle the Agency to request a deposit from the Client before
executing the order.
3 - CHANGES TO OR CANCELLATION OF ORDERS
3.1 Any major changes made by the Client to an order after the contract has been
concluded shall entitle the Agency to either modify the quoted price and/or
terms of delivery or to refuse to execute the order. In the latter case, the
Client shall pay for the work already completed.
Cancellation of an order by the Client shall entitle the Agency to claim payment
of any translation work already completed for that order. The Agency shall make
the completed work available to the Client at the latters request.
4 - EXECUTION OF ORDERS, CONFIDENTIALITY
4.1 The Agency shall carry out orders to the best of its ability, utilizing the
professional know-how necessary to meet the needs of the Client.
4.2 The Agency shall keep any information provided by the Client strictly
4.3 The Agency shall be entitled to hire freelance translators to execute the
order without prejudice to the Agencys responsibility for the confidential
treatment and proper execution of the same. The Agency shall require any third
party involved in the execution of an order to keep confidential anything they
may learn in the course of their duties.
4.4 The Client shall honour any request for information by the Agency about the
content of the text to be translated to the best of his/her ability, as well as
requests for documentation and lists of terms if such are available. Such
information and documentation shall be dispatched at the Clients expense and
5 - TERMS AND DATE OF DELIVERY
5.1 The Agency shall be entitled to deliver the final translation to the Client
by the date and the time agreed upon in the order confirmation.
Delivery dates are provisional, unless an explicit written agreement stipulates
otherwise. The Agency shall notify the Client immediately if it perceives that
it will be unable to meet an agreed delivery date.
5.2 If a fixed delivery date is specifically provided for in writing and the
Agency fails to meet it for reasons other than matters beyond its control, and
if the Client cannot reasonably be expected to brook any delay, the Client shall
be entitled to cancel the contract. In such cases, however, the Agency shall not
be liable to pay any damages whatsoever.
5.3 Delivery shall be deemed to have taken place the moment the text is sent by
e-mail, post, fax, or courier.
5.4 Data sent by electronic mail shall be deemed to have been delivered as soon
as the medium has confirmed sending the message.
5.5 The Client shall do his/her best to facilitate delivery of
the product produced by the Agency under the contract. Any refusal to accept the
Agencys product shall constitute default on the part of the Client,
even if no explicit
request for acceptance has been made.
6 - PRICES AND PAYMENT
6.1 Prices are based on the initial word or line count estimate, unless agreed
Agency is entitled to charge a minimum fee of 15 for orders under 200 words
or 20 lines
(one line has 55 characters, including spaces).
6.3 Quoted prices shall apply only to products conforming to agreed
6.4 The Agency shall be entitled to raise the agreed price if it is forced to
perform more work or incur more costs than might reasonably have been foreseen
upon conclusion of the contract. These additional costs could be the result of
having to work with very unclear texts, for example, or faulty files or computer
programs supplied by the Client. This list of examples is not exhaustive.
6.5 All prices are exclusive of the 20% VAT, which will be added to the net rate
only in the event that the Client is a resident of Austria.
invoice will be sent via e-mail to coincide with delivery, and/or on request by
for products supplied under the contract is due 14 days after the invoice date
(or within any other term fixed by the Agency in writing).
must be made in full - without any discount
or suspension - in the
currency invoiced. If
payment is not made by the due date, the Client shall be in default -
immediately and without notice of default being required - as well as owing 7%
statutory interest on the invoice amount from the due date until full
transfer fees will be paid by the Client.
7 - COMPLAINTS AND DISPUTES
7.1 If the Client has any complaints about the product supplied by the Agency,
it shall submit them in writing as soon as possible, no later than 10 days after
receiving the said product. Lodging a complaint shall not release the Client
from its obligation to pay.
7.2 If no complaints are made within the term fixed in sub-clause 7.1, the
product shall be deemed to have been fully accepted, and the Agency shall only
act on complaints if it sees fit to do so. The modification of the translated
text by the Agency at the Clients request shall in no way constitute an
acknowledgement on the part of the Agency of having supplied an inferior
7.3 In the case of a valid complaint, the Agency shall be granted a reasonable
period of time to improve or substitute the product. If the Agency cannot
reasonably be expected to perform the required improvements or substitution, it
may grant the Client a discount.
7.4 The Clients right to complain shall lapse if the Client has edited
has hired others to edit the part or parts of the product concerned in the
8.1 The Agency shall exclusively be liable for damage which derives directly and
demonstrably from shortcomings attributable to the same. The Agency shall under
no circumstance be liable for other forms of damage, such as consequential
damage, loss of profits or losses due to delays. The Agencys liability shall
never exceed the invoice amount of the product in question.
8.2 Ambiguity of the text to be translated shall release the Agency from any
No liability whatsoever shall be incurred by the Agency with respect to the
damage or loss of documents, data or data carriers provided by the Client. Nor shall any liability be incurred by the
Agency with respect to costs and/or damage incurred as a result of the use of
information technology and telecommunications media, the transportation or
dispatch of data or data carriers, or the presence of computer viruses in any
files or data carriers supplied by the Agency.
9 - CANCELLATION
9.1 Any failure on the part of the Client to meet his/her obligations, as well
as bankruptcy, a moratorium or liquidation of the Clients company, shall
entitle the Agency to either cancel the contract (in part or in full) or
postpone its execution without any claim to damages on the part of the Client.
In such cases, the Agency shall also be entitled to demand immediate payment.
9.2 If the Agency should prove unable to meet its obligations due to
circumstances beyond its reasonable control, it shall be entitled to cancel the
contract without any liability for damages. Such circumstances include, but are
not limited to: fire, accidents, illness, riots, war, transportation
restrictions and delays, government measures, disruption of the services of
Internet providers, and other instances of force majeure.
9.3 If the Agency is compelled by force majeure to discontinue the
execution of the contract, the Client shall still pay for any work completed up
until that moment.
11.1 The contract shall be deemed to have been made in Austria and Austrian law
shall be the proper law of the contract.