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Terms of sale and delivery
1 Application
1.1 These general terms of sale and delivery for Scantext oversættelser ApS shall apply to all services provided by Scantext oversættelser ApS unless specifically departed from or modified by written agreement.
1.2 Special conditions or specific requirements to a service made by the customer, e.g. specified in the customer's order or terms of purchase, shall not be binding upon Scantext oversættelser ApS unless Scantext oversættelser ApS has given its express written consent to such conditions.
2 Quotations
2.1 Any quotation made by Scantext oversættelser ApS shall be valid for 30 days from the quotation date.
2.2 Quotations shall be subject to goods being unsold and exchange rate changes.
3 Confidentiality
3.1 Scantext oversættelser ApS undertakes to keep confidential in relation to third parties any information, which Scantext oversættelser ApS may acquire within the framework of its cooperation with the customer, in particular as regards new products and internal production procedures and methods at the customer's premises, and only to make the results of such work available to the customer. Scantext oversættelser ApS does not acquire any rights to translations.
3.2 This confidentiality clause shall extend to all employees of Scantext oversættelser ApS as well as to freelance translators who are associated with Scantext oversættelser ApS.
4 Translator's obligations
4.1
The translator undertakes to always deliver translations of a high linguistic and professional standard. In cases where the customer has given no specific instructions or submitted any reference material, technical terms shall be translated into common and generally understandable technical terms.
5 Liability for defects
5.1 Scantext oversættelser ApS assumes liability for errors in relation to solving the task at hand in accordance with the general Danish law on damages.
5.2 Immediately upon receipt, the customer undertakes to check the delivered product for any errors.
5.3 The customer shall forfeit its right to claim liability towards Scantext oversættelser ApS in the event that the customer fails to make a written complaint to Scantext oversættelser ApS as soon as the customer becomes or ought to have become aware of Scantext oversættelser ApS’s possible liability for damages. Under all circumstances, complaints due to defects in translations must be made in writing no later than 3 months after the customer has received the translation.
5.4 In the event that Scantext oversættelser ApS commits an action that gives rise to liability and which incurs a financial loss on the customer, the financial liability on the part of Scantext oversættelser ApS shall always be limited to the maximum amount of damages in accordance with the professional indemnity insurance in force at any time. Insurance certificates shall be shown upon request.
5.5 In case of any errors in the translation (typing errors or translation errors), the customer shall be entitled to require the translated text to be corrected, and similarly, Scantext oversættelser ApS shall be entitled to correct any errors. In such cases proofreading shall be free of charge. Scantext oversættelser ApS shall be entitled to a suitable deadline for making such corrections.
5.6 Claims for order cancellation, price reduction or compensation due to failure on the part of Scantext oversættelser ApS to meet any requirements specified in the order shall not be valid unless the customer can prove that Scantext oversættelser ApS has committed gross negligence or has failed to remedy any errors, cf. clause 5.5.
5.7 Scantext oversættelser ApS shall not be liable for errors in translations which are caused by wrong or incomplete information provided by the customer or which can be explained by erroneous, imprecise or misleading source texts. This stipulation also applies to abbreviations in the source text which the customer has failed to explain. Scantext oversættelser ApS shall not be liable for layout errors, unless the text has been subjected to layout proof before printing.
5.8 Scantext oversættelser ApS shall not be liable for operating loss, loss of profit or any other types of indirect loss.
5.9 Scantext oversættelser ApS and its sub-suppliers shall not be liable for non-performance due to circumstances that are beyond Scantext oversættelser ApS’s direct control and which cause delays in performance or make performance significantly more burdensome to Scantext oversættelser ApS than expected.
This includes, but is not limited to: server failure, breakdown, burglary, fire, water damage, strikes, lockouts, restrictions from public authorities etc.
6 Storage and delivery
6.1 The customer accepts that Scantext oversættelser ApS assumes no liability for services being inaccessible or out of operation for any short or long period of time.
6.2 Scantext oversættelser ApS assumes no liability for the loss of emails, project management tools and any other material stored on computer systems that belong to Scantext oversættelser ApS or its business partners. In addition, Scantext oversættelser ApS assumes no liability for non-reception or loss of mail, emails and faxes during posting or transmission. However, Scantext oversættelser ApS shall at any time endeavour to assist in finding any lost documents.
6.3 Scantext oversættelser ApS undertakes to file translated material for a period of 6 months after delivery has been made to the customer.
7 Terms of payment
7.1 The customer undertakes to take delivery of the service which has been ordered, unless such service contains errors and/or defects that give rise to liability. Terms of payment shall be net cash + 14 days from the invoice date, unless otherwise agreed in writing.
7.2 If payment is not made on time, interest will be charged at 1.5% per month or part thereof. Interest is calculated on the full amount due at any given time.
7.3 A reminder fee of 15 € will be charged in cases where reminders for delayed payment are necessary.
8 Delivery and terms of delivery
8.1 Scantext oversættelser ApS assumes that all communication takes place via email, fax, mail or telephone.
8.2 Time of delivery for individual assignments depends on the size of the order and shall therefore be agreed upon separately.
9 Legal venue and governing law
9.1 Irrespective of the extent of the subject matter, any dispute that may arise from or concern an agreement made between Scantext oversættelser ApS and the customer shall be settled in accordance with Danish law and with the Court of Aarhus, Denmark, as the court of first instance.
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