Terms of trade (all sales and delivery terms)
The following general terms and conditions of sale and delivery shall always apply to OnLine Translations’ (hereinafter referred to as OnLine) delivery of translation services etc. with unless OnLine has stated otherwise in writing.
These conditions take precedence over any provisions in the Customer’s order/acceptance, including the Customer’s general terms and conditions. The terms of sale and delivery may be deviated from if this is expressly stated in a written agreement or order confirmation between OnLine and the Customer.
1. OFFER
Unless otherwise stated, offers are only valid for 60 days from the date of the offer. A final agreement on delivery is only concluded when OnLine confirms receipt of the Customer’s acceptance of the offer in writing.
2. ORDER CONFIRMATION
All orders are confirmed in writing by OnLine. It is the Customer’s responsibility to check the order confirmation and to notify OnLine immediately of any errors or omissions in it.
3. PRICES AND PAYMENT
All prices quoted are exclusive of VAT, which is charged on invoicing at the rate applicable at the time. If the Customer changes the nature and scope of the task, the agreed price will be adjusted accordingly. OnLine makes reservations for word count errors.
Payment terms are 8 days net cash. All payments must be made without deduction or set-off. If payment is received later than 8 days from the invoice date, interest and fees will be charged in accordance with the Interest Act.
4. DELIVERY TIME
OnLine is not liable for delays, unless these are due to OnLine’s circumstances. Unless otherwise expressly stated, the delivery times stated in the order confirmation are approximate.
If OnLine experiences that a significant overrun of the stated delivery time is likely, it is OnLine’s responsibility to immediately inform the Customer of this, stating when delivery can be expected to take place.
5. PLACE OF DELIVERY
Unless a special shipping method has been agreed , the translation etc. prepared by OnLine shall be sent to the Customer at in the manner deemed most appropriate by OnLine. Delivery will be made to the Customer’s address as stated in the order confirmation.
6. DEFINITION OF LANGUAGE SERVICES
With regard to the nature and character of the assignment, OnLine declares that the assignment will be performed in a professional and technically well-qualified manner, which means that OnLine will deliver an error-free translation/proofreading, although OnLine reserves the right to make mistranslations due to errors in content and meaning in the source text provided.
“Translation” includes the actual translation of a text from one language into one or several others, as well as grammatical, orthographic and content proofreading (proofreading by the translator himself) of the translated text.
“Secondary proofreading” includes grammatical, orthographic and content review of the translated text by another qualified translator.
“Proofreading” of a text that OnLine has not translated or written itself, includes a grammatical, orthographic and comprehension-oriented, including terminological, reading of the text.
For example, the reviewer cannot be expected to check all realized terms in a text, but the reviewer can be expected to check the adequacy of and correct the realized terms that the reviewer can prove are directly incorrect.
Proofreading only includes content-related comparison of source and target text if the Customer has expressly requested this and it is stated in the order confirmation.
7. PROPERTY RIGHTS AND CONFIDENTIALITY
All documents, files, drawings and other documentation etc. (hereinafter referred to as the documents) provided to OnLine for translation or other processing remain the Customer’s property, but OnLine is entitled to copy, scan or otherwise reproduce the documents and provide them to OnLine’s translators, proofreaders etc. as part of the performance of the assignment.
OnLine is obliged and has instructed its translators, proofreaders, etc. to maintain complete secrecy about the documents and their content and the subjects dealt with therein. OnLine retains all rights to the translation memories, term bases, etc. created in connection with a translation assignment.
All communication regarding language services must go through OnLine, even if the Customer has become aware of personal information about OnLine employees.
8. COMPLAINTS AND LIABILITY
It is the Customer’s responsibility to examine the translation performed by OnLine immediately upon receipt. If the Customer wishes to claim that the delivery is inadequate or faulty, the Customer must notify in writing within eight days of delivery with an explanatory statement of reasons.
Subject to an approved complaint, OnLine will rectify the defect. If replacement delivery (subsequent delivery) is made within a reasonable time after a justified complaint, the Customer cannot claim other consequences of defects.
OnLine accepts no liability for operating loss, loss of earnings or other indirect loss. OnLine notes that the Customer is responsible for ensuring that the documents provided by the Customer to OnLine are suitable for the Customer’s needs in their entirety, and therefore disclaims any liability for damages resulting from defects in the documents.
9. FORCE MAJEURE
OnLine shall not be liable to the Customer for conditions caused by circumstances beyond OnLine’s control, including force majeure, strike, lock-out, damage to IT systems, lack of deliveries from subcontractors, epidemics etc.
OnLine is obliged to notify the Customer thereof without undue delay. Without restriction, any of the parties may, if the performance of the agreement within a reasonable time is made impossible due to the circumstances mentioned in this clause , terminate the agreement by written notice to the other party.
10. DISPUTES AND CHOICE OF LAW
If any dispute arises between the parties in connection with the agreement, each of the parties shall make every attempt to resolve it amicably.
Disputes that cannot be resolved amicably must be brought before the City Court in Kolding. Danish law applies.