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§1 Scope of Terms of Business

1.) The following terms of business are applicable to all translation contracts between Translation Agency RMS & GS and its customers as long as no any other agreements had been agreed on between both parties and no legal regulations determine the contrary. The terms and conditions of customers are only obliging to Translation Agency RMS & GS, if they are part of the order and the order inclusive all terms of business of the customer will be explicitly accepted by Translation Agency RMS & GS.

§2 Performances / Services

1.) All quotations are subject to alterations without notice.
2.) Translations will be completed under the principles of common work practice and with the appropriate care and precision. After completion of the work the customer receives the translated document that has been agreed between the contracting parties.
3.) All documents and any information which are necessary for the completion of the translation, have to be handed out to Translation Agency RMS & GS without being asked for. All documents and information should be provided within the agreed time. (This includes all pictures, statistics, abbreviations, drawings etc.) Any errors, faults, or delays that may occur by the customer's negligence shall be considered the customer's fault.
4.) Any possible use of special terms by the customer has to be brought to the attention of the Translation Agency RMS & GS before starting the translation.
5.) In the event of any uncertainty in the original document Translation Agency RMS & GS has the right to contact the customer for a clearing up. In such cases Translation Agency RMS & GS has as well the right to translate the document to its best knowledge and based on an appropriate interpretation of the document.
6.) In cases translations are submitted informally or by telephone the customer shall bear the liability for any errors resulting from the submission.
7.) If the customer requires any additional or specific service or work in relation to the translation the Translation Agency RMS & GS should be informed in time. (i.e. Translations on data carriers, number of copies, document presentation, etc.)

§3 Confidentiality

1.) All documents will be treated with the utmost privacy and will only be handed out to persons who are directly involved in their translation. Translation Agency RMS & GS and its employees are bound to secrecy in regard to all facts and information that are connected to the translation or have become known during the translation.

§4 Fees and Dates

1.) All fees applicable, unless any other written agreement has been agreed on, are those quoted in the price list applicable at the time of the order. In the case of extensive translations Translation Agency RMS & GS can ask the customer for a payment or partial payment in advance according to the translation work that already has been done.
2.) Cost estimates can only be stated if the customer specifies the specialty and gives details on the length of the document (number of lines; 55 characters/line).
3.) In the case of an order being cancelled the customer has to pay the translation work as far as it already has been completed. Additionally the customer has to pay a cancellation fee that is applicable at the time of the order.

§5 Liability

1.) In cases of discrepancy about the quality of a translation work Translation Agency RMS & GS has the right to correct the translation errors. The customer has the right to ask for the translation errors to be corrected. However, the customer has to state clearly where the translation errors have been made in the document.
2.) In the case that the translation is still unsatisfactory and cannot be properly used by the customer he has the right of impairment or cancellation of the order. Any further claims against Translation Agency RMS & GS and its agents are expressly excluded. The liability of Translation Agency RMS & GS is limited to the amount payable for the translations.
3.) Translation Agency RMS & GS is only liable in cases of gross negligence and intended malice. Liability in other cases of negligence only arises if main contractual clauses have been violated. Liability of recourse in the case of damage claims by any third parties is expressly excluded. Translation Agency RMS & GS excludes any liability for an act of God and unavoidable natural catastrophes. Translation Agency RMS & GS excludes all liability for translation errors that occurred due to incorrect, incomplete or untimely information or due to defective or illegible original texts provided by the customer.
4.) If in the course of a translation a copy right claim is made against Translation Agency RMS & GS or a third party starts any other action against Translation Agency RMS & GS the customer has to bear all the liability for such an action/claim.

§6 Delivery

1.) Unless any other agreements have been agreed on among the parties the translations shall be sent by mail within Germany, outside Germany by air mail. The delivery costs have to be paid by the customer. The customer can also ask for any other delivery way or mean i.e. e-mail, express delivery etc. Once the translation has been sent or given to an express messenger Translation Agency RMS & GS excludes all liability.

§7 Terms of Payment

1.) All cost estimates, offers and price lists etc. do not include the German VAT. Deliveries to EU countries are VAT-free if at the time of the award of the contract the sales tax identification number is included.
2.) The invoice has to be paid within 30 days after its receipt. If the customer exceeds the time allowed for payment Translation Agency RMS & GS demands to pay additional interests according to valid German bank charges.

§8 Reservation of Ownership and Copyright

1.) The ownership of the translation remains at Translation Agency RMS & GS until its complete payment. The customer does not have any right to use it until he has totally paid the invoice. In case there are copyrights or any further protectorates they remain the property of Translation Agency RMS & GS unless they have been transferred to the customer according to the rules of contract.

§9 Final Clauses

1.) The law and the jurisdiction of the Federal Republic of Germany shall apply in cases of disagreements and any other contractual disputes that touch an order in relation to its performance, to translation errors and resulting claims thereof.
2.) If certain terms of business become invalid or ineffective it will not affect the validity of any other terms and conditions of these Terms of Business.
3.) Contractual relationships always exist only between Translation Agency RMS & GS and its customers and never between the customers and free-lance employees of Translation Agency RMS & GS.
4.) Place of performance and jurisdiction for both contracting parties is, if legally possible, Kiel, Germany.

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