Terms and conditions
These are the terms and conditions as of September 20st 2007 for contracts between the client and Aabévé Vertaalbureau.
Article 1 – Definitions
In the below articles
- “Aabévé” refers to Aabévé Vertaalbureau
- The “Client” refers to the actual person or representative that Aabévé is carrying out the translation work for.
- The “Contract” refers to the contract which binds Aabévé and the Client for the required translation work.
Article 2 – General
- The terms and conditions apply to all our quotations, contracts and work performed – in the broadest sense of the word.
- Any agreements that vary from these standard terms and conditions are only binding when confirmed by us in writing, and only apply to the contract where these agreements have specifically been agreed.
- In case of any conflicting terms and conditions, the general terms and conditions of the client shall not apply, even if these are submitted first. The clients’ terms and conditions can only be accepted by Aabévé if Aabévé confirms this beforehand in writing.
Article 3 – Quotations
- Aabévé quotations are without any obligation.
- Aabévé quotations are valid for a period of thirty (30) days.
Article 4 – Contracts
- Contracts shall only come into effect once confirmed, in the form of a written confirmation from Aabévé. This confirmation states that Aabeve will perform the requested work.
- A Contract to perform the translation work is agreed upon under the condition that Aabévé, after having seen the source material, can unconditionally break the Contract within a reasonable timeframe with due cause.
Article 5 – General
- Aabévé will act accordingly as one would expect a good, responsible acting company to do.
- Aabévé is bound to ensure that instructions and meaningful indications concerning the execution of the order, if given within a reasonable timeframe, are carried out in full.
Article 6 – Outsourcing
- Aabévé reserves the right to have a third party carry out the required work.
Article 7 – Complaints
- If the resulting product from the Contract is unacceptable to the Client, it will give Aabévé the opportunity to make the necessary corrections within a reasonable timeframe.
Article 8 – Copyright
- The copyright for the translation remains with Aabévé.
Article 9 – Delivery
- If the Client has not set a delivery date and nothing has been agreed upon, then Aabévé itself shall set a reasonable delivery date.
- If the source material is changed Aabévé reserves the right to reasonably extend the delivery date.
- The set delivery date agreed upon with the Client is only approximate, unless otherwise stated in the Contract.
Article 10 – Force majeure
- In case of force majeure our services and other responsibilities will be postponed. In such cases we will complete the stipulated services as soon as this is reasonably possible.
- Force majeure may occur regarding persons and/or materials which are normally employed in the execution of the order. In such cases the execution of the contract may become even inconvenient or impossible to a high degree as well as disproportionably costly. Therefore the Client cannot in all fairness expect Aabévé to adhere to the terms of the contract. Force majeure shall include government measures, company technical breakdown, malfunction in the delivery of translations, labor strikes, exclusion, obstruction by a third party, unforeseen technical complications for both parties, and the like.
- In case of force majeure whilst part of the work already is completed, we are justified in invoicing the Client for the work so far completed and the Client must pay this invoice as if it were a separate transaction.
Article 11 – Termination
The Contract shall be terminated when:
- The work has been completed;
- The agreed upon delivery date is reached;
- Dissolved by a judge;
- Dissolved by a curator of the Client or Aabévé, postponement of payment or bankruptcy of the Client, or death of the General Manager of Aabévé, unless said business is continued.
Article 12 – Due cause
- Both parties are allowed at all times to request the judge to dissolve the Contract because of due cause. As due cause shall be considered such circumstances whereby the Contract in all fairness must be terminated immediately, or within a short period of time.
Article 13 – Payment
- The Client must pay the Company the fee.
- Aabévé sets the amount of the fee in accordance with generally used prices.
Article 14 – Full settlement
Should the contract end without the order having been concluded or the set time has past, and whereby the fee owed depends on the completion within the timeframe, Aabévé shall be entitled:
- To full settlement if the Client has ended the Contract citing a circumstance which is contrary to the general terms and conditions, or if the Contract is terminated due to a shortcoming on the Client’s part.
- To determine a reasonable part-fee considering the work so far carried out, in all other cases of premature termination.
Article 15 – Payment conditions
- Invoices must be paid in full, without discount or refund, within 14 days of the invoice date, unless other payment conditions have been agreed upon beforehand in writing.
- Aabévé shall, regardless of the agreed upon payment conditions, be justified in demanding a proof of payment from the Client before delivering the work, and reserves the right to stop the work if such proof cannot be given.
- If the Client fails to pay on time, as well as in the case of (temporary) postponement of payment, or due to bankruptcy, all payments due to the Company may be claimed without any reminder necessary or proof of incompetence being required.
- When overdue payment of an invoiced amount occurs, the Client shall be subject to payment of monthly interest applicable from the date of maturity and calculated over the amount due. Part of a month will be considered a whole month. All costs incurred, in and out of the courts, costs for legal aid, debt collection of overdue amounts are for the Client.
Article 16 – Complaints
- Any complaints must be submitted in writing within 14 days of the delivery the translation work or other services. A Client who has not checked within 14 days the work received regarding its decency and reliability is assumed as being in accordance with the received work / services.
Article 17 – Liability
Aabévé shall only be responsible for damages incurred by the Client which are directly and solely contributable to a shortcoming on Aabévé’s part. For compensation only those damages will be considered which are included in Aabévé’s insurance policy.
The following conditions apply:
- Damage to business premises caused by whichever circumstance will not be considered. The Client needs to take out his own insurance policy if he so wishes.
- Aabévé shall not be liable for any damage caused intentionally or through gross negligence by translators and/or associates.
- Damages payable will be moderated in case the amount payable by the Client is small in relation to the totality of damages suffered.
- The Client shall not hold Aabévé responsible for any claim by a third party in the case of use of information supplied by the Client, and more in general forthcoming out of any which cause. The Client shall be responsible for all costs pertaining to such happening.
- The Client shall be responsible for mistakes following the awarding of a Contract by telephone. The Client is accountable for changes and risk attached. Proof must be on the Client’s part.
Article 18 – Damage
- Aabévé shall under no circumstances be liable for damages incurred by loss, destruction, or damage to the manuscripts, documents, books and papers.
Article 19 – Arbitrator
- All disputes resulting from the Contract will be submitted to the authorized judge.