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General conditions of sales

General Terms & Conditions

 

of

 

ALPHATRAD INTERNATIONAL G.m.b.H.

Operngasse 17-21, A–1040 Vienna

 

toll-free number within Austria:

Telephone: 0800 204 206

Fax: 0800 202 036

 

From abroad:

Telephone: +43 (1) 23060 8140

Fax: +43 (1) 23060 8141

 

E-mail: austria [at] alphatrad [dot] at

 

 

Section 1: Scope

 

  1. Deviating, contradictory or supplemental general terms and conditions of the parties shall become content of the Agreement even in the event of ALPHATRAD's knowledge if ALPHATRAD does not contradict them again expressly.
  2. A consumer in the sense of the Terms and Conditions is someone for whom the transaction does not belong to the operation of his company.
  3. An entrepreneur in the sense of the Terms and Conditions is someone for whom the transaction belongs to the operation of his company. A company is every organisation of independent economic activities created permanently, even if this is not for profit.
  4. Customers in the sense of the Business Terms and Conditions shall both be consumers as well as entrepreneurs.

 

 

Section 2: Conclusion and performance of the Agreement

 

  1. All quotes are, as a rule, only to be sent in writing by e-mail, fax or by mail and only to the address specified by ALPHATRAD.
  2. The order must contain all details on the technical area, target language, performance requests and the intended use of the text to be translated, the name of a contact of the customer as well as all further details required for the proper creation of the translation.
  3. The order shall be accepted with legal effect if ALPHATRAD confirms to the customer the acceptance of the text for translation in writing by e-mail, fax or mail.
  4. The customer undertakes to transmit the text to be translated in writing or printed form. Every other form is ruled out.
  5. The customer submits technical texts with purposeful reference documents and/or figures or plans, which allow understanding of the technical texts. The translated technical terms are standardised taking into account the definitions, which are prescribed by the relevant technical dictionaries.
  6. In the event of formal or technical problems understanding the texts, the customer undertakes to provide ALPHATRAD with the use of the appointed contact all information which allows creating the translation properly.
  7. Every change of the text to be translated must be the subject of a precise written order from the customer, which is transmitted by them by fax, post or e-mail to ALPHATRAD.

 

 

Section 3: Rights of use

 

The customer ensures expressly on placing the order that it owns all copyrights and/or other usage rights required to process the order. Furthermore, on placing the order the customer transfers to ALPHATRAD all rights in the necessary scope required for the translation. In the event of a breach of this obligation, the customer shall release ALPHATRAD from all thus arising claims of third parties, including court proceedings costs.

 

 

Section 4: Conditions of supply

 

The delivery deadlines intended in the quote and in the purchase order are not binding. For consumers, the order processing is only started on receipt by ALPHATRAD of the fee invoiced. 

 

In the event of problems understanding the text, the delivery deadline is extended by the time required for the query with the contact and for the clarification of the problems. The delivery deadline is regarded as met if the finished order was sent in good time so that it should have been received by the customer, taking into account the normal times for the respective dispatch type. ALPHATRAD shall not be liable for delays, which arise due to force majeure or for reasons which are not the responsibility of ALPHATRAD.

 

 

Section 5: Terms of payment

 

  1. If services are not expressly stated in their gross price, the prices are understood to be net prices, plus the statutory VAT. The calculation unit for translations is the standard line.
  2. No discount is granted, unless otherwise agreed in writing.
  3. The customer undertakes to pay the translation fee within 30 days of receiving the invoice. On the expiry of this term, the customer shall default.
  4. The entrepreneur shall pay interest on the amount owed during delayed payment of eight per cent above the base rate. The consumer shall impose on the amount owed interest in the amount of the applicable interest rate, currently 4 per cent, during the delay. ALPHATRAD reserves the right to prove and claim higher delay damage in respect of the entrepreneur.
  5. The customer has the right to offset in the event of ALPHATRAD becoming insolvent or if its counterclaims are legally established or recognised by ALPHATRAD.
  6. The entrepreneur may only exercise a right to retention if his counter claim is based on the same Agreement.
  7. In the event of delayed payment, ALPHATRAD reserves the right to suspend the execution of ongoing work until receipt of payment.

 

 

Section 6: Title retention

 

The translations shall remain the property of ALPHATRAD until payment in full of the fees.

 

 

Section 7: Warranty

 

  1. ALPHATRAD undertakes, as a rule, to create a fault-free work translation. Further execution requests must be clearly specified in the order.
  2. Every fault must be pointed out to ALPHATRAD by an entrepreneur no later than within one week of delivery of the translation in writing in order to be considered. The notification of a fault must be submitted with the original documents and objected translations, stating the wrongly translated sections. On expiry of this term, no claims for warranty or compensation can be made due to the fault or from an error on the fault-free nature of the translation.
  3. In the event of notifying a fault, the customer must set ALPHATRAD an appropriate period of grace, within which ALPHATRAD has the opportunity to rectify the fault specified free of charge. If the rectification is not carried out, the customer can demand price reductions or withdraw from the Agreement.

 

 

Section 8: Liability

 

  1. ALPHATRAD is liable towards entrepreneurs only for intent and gross negligence; in any event, however, only up to the amount of the fee to be paid by the entrepreneur. Any liability for ordinary and slight negligence is ruled out.
  2. ALPHATRAD is liable towards consumers only for intent and gross negligence. Any liability for slight negligence is ruled out. This shall not apply for personal injury, product liability claims and damage to objects handed over for processing.
  3. ALPHATRAD shall not accept any guarantee for the ready-for-print of the translations only for the case that the customer notified ALPHATRAD of this special requirement expressly in the written order and also submitted the printed proofs for correction as regards the content, and the option existed to check within an acceptable period of time.
  4. Unless agreed otherwise in writing, the translations are exclusively for the own use of the customer. In the event of any copying for commercial, advertising or other purposes, ALPHATRAD shall assume no liability for any damage caused to the customer or third parties by an erroneous translation.
  5. ALPHATRAD shall not be liable for data transmission faults, which occur outside of its own area of responsibility. ALPHATRAD shall furthermore not be liable for the transmission of viruses and damage caused by them as well as for unauthorised access of third parties to data of the customer, if it was not possible to avert such despite appropriate technical precautions.

 

 

Section 9: Cancellation

 

  1. In the event of a cancellation of a translation order for reasons which are not the responsibility of ALPHATRAD, the work already performed shall be billed to 100%.
  2. In the event of a cancellation of an order for an interpretation or translation activity for reasons which are not the responsibility of ALPHATRAD, ALPHATRAD shall charge the following compensation:

 

  • Cancellation up to five days before the agreed deadline: 50% of the fee

 

  • Cancellation up to three days before the agreed deadline: 75% of the fee

 

  • For cancellation at a later time, the full fee is charged.

 

 

Section 10: Secrecy

 

ALPHATRAD undertakes to ensure the confidentiality on the information becoming known during the business relationship about the customer and about the content of documents handed over, and not to disclose or make accessible such information in any form to third parties. The confidentiality arising from this item is subject to the liability limits under Section 8 of the General Business Terms and Conditions.

 

 

Section 11: Severability clause

 

If certain provisions of the Agreement with the entrepreneur, including these General Business Terms and Conditions are or become invalid in full or in part, the validity of the other provisions shall not be affected. The fully or partly invalid provision shall be replaced by a provision, whose economic success comes as close to the invalid one as possible.

 

 

Section 12: Applicable law, jurisdiction

 

  1. If the customer is an entrepreneur, the exclusive jurisdiction for all disputes relating to the Agreement with the entrepreneur or these General Business Terms and Conditions shall be the registered office of ALPHATRAD INTERNATIONAL GmbH. The same shall apply if the entrepreneur has no general jurisdiction in Austria. ALPHATRAD is also entitled to file charges at the place of registration of the entrepreneur.
  2. For all business relations with the customer, the law of the Republic of Austria shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the rules on the conflict of laws.

 

 

The client declares that they understand and agree to the entire content of these General Conditions, which become an integral part of the contract that binds the client and ALPHATRAD.