1. Scope
These general terms and conditions of sale apply to all contracts between
Cosmopolitan Languages Services and the customer placing the order.
They will apply for the entire duration of the business relationship and are
binding. The general terms and conditions of sale of the customer placing
the order will only be applicable if Cosmopolitan Languages Services has accepted
them in writing.
2. Role and 3. Obligation of the customer to provide information
The customer placing the order must inform CLS in good time of the required
translation methods (translation on computer medium, number of copies, character
fonts, formatting of the translation, etc). The customer will be responsible
for providing CLS in good time with all information or documents required for
the translation (customer’s glossary, application, images, tables and
charts, etc).
CLS will only translate abbreviations contained in the original text if the customer provides the full meaning of the abbreviations in question. This condition does not apply to common abbreviations. If a word has several definitions and the meaning of this term can only be defined by the context or a data image, CLS may not be held liable for the chosen term if this context or image has not been provided by the customer. CLS may not be held liable for any error resulting from failure to observe the above terms and conditions.
4. Execution by a third party
We reserve the right to send all or part of the order to a third party if
we believe this to be necessary. Contact between the third party and the customer
may only take place with our written authorization. The business relationship
is solely between the customer and CLS.
5. Elimination of errors
CLS reserves the right to improve the work. The customer has the right to
ask for errors that may be contained in the translation to be corrected. The
customer must make this request for improvement within an acceptable period,
at most 5 days after delivery, accompanied by details of the errors that are
to be corrected. If the customer sends a complaint concerning significant
and not insignificant errors within 5 days, a precise description of the error
is required and we must be given the right to improve the text. This condition
also applies to all urgent orders with a very short delivery deadline. If
the improvement of the error is not acceptable, the customer will be entitled
to a discount or may terminate the contract. All other damages resulting from
the failure to execute the contract are excluded.
6. Date of delivery
Dates of delivery are to be understood as probable delivery dates.
A delivery takes place when the translation or the service has been sent to
the customer.
If the customer does not react immediately or within a period of five days,
the delivery will be considered to have been received and accepted.
7. Transmission and sending
The customer will be responsible for electronic transmission. We may not be
held responsible for any loss which may occur when items are sent by non-electronic
means, nor for any damage or error which may occur during the electronic transmission
of the text.
8. Liability
CLS will only be liable in the event of gross negligence or premeditated error.
CLS may not be liable for an amount greater than the total amount of the invoice.
We will not be responsible for any damage due to viruses, natural phenomena,
traffic or transport stoppages, errors due to the access provider or the Internet,
line interference or transmission errors or other phenomena beyond our power.
In this type of situation we reserve the right to terminate the contract. No
entitlement to damages will be admitted or accepted.
When files are delivered via electronic mail with modem transmission or via
any other form of transmission, the customer must carry out a final check of
the file or text transmitted.
If we are involved in infringement of copyright, or a third party claims damages
from us, the customer will be totally liable for the text provided.
9. Price
Prices are in euros (€).
For large orders we reserve the right to request payment in instalments or
an initial payment on ordering.
Payment, other than compensation and discounts, rebates and other credits,
must be made on receipt of the invoice. If payment is not made within the
required time, we reserve the right to apply interest to the amount at the
current banking interest rate.
10. Confidentiality
CLS acknowledges the exclusive right of the customer placing the order over
all the documents provided by that customer and over any copies that may have
been made in order to carry out the work that has been requested. We are responsible
for maintaining the confidentiality of any oral or written information that
may have been provided to us by the customer and for using it solely for the
purpose of the work that has been requested.
10. Right of property and copyright
The translation that is delivered and copyright will remain our property until
the total amount requested has been paid in full. Until full payment has been
made, the customer placing the order has no right of possession over the service
provided. CLS will retain copyright for all work that is made public.
11. Applicable law
The contractual and business relationship and any other right resulting from
the relationship will be subject to Dutch law. The validity of these terms and
conditions of sale will not be affected by the nullity or invalidity of one
of the terms and conditions. In the event of any dispute, the court of The Hague
(DEN HAAG), Netherlands, will entertain sole jurisdiction.