General Terms and Conditions
Scope of application
The General Terms and Conditions shall apply to contracts between Carroll Consulting and its clients. The execution of an order shall occur solely in accordance with these conditions, providing that no objection has been made by the client. Deviations must be acknowledged as such and be made separately in writing by the client. These Terms and Conditions shall apply upon acceptance of the quotation, receipt of the order confirmation, or acceptance of the service or goods delivered by the supplier. Subsidiary agreements or divergent terms and conditions must be laid down in writing. Quotations are subject to change. An order is only executed with the written confirmation of the supplier. The client shall receive confirmation of the order acceptance by e-mail.
The delivery times given in the quotation are intended as guidelines and are non-binding. The exact deadline shall be agreed with the client at the time of placing the order, on the basis of the work capacity available at the time.
The client must inform the supplier of any specific style requirements (external form, form of delivery, etc.) at the latest when the order is placed. If the translation is intended for printing, the supplier shall receive a proof copy from the client prior to going to press. Information and documents required for the translation shall be provided by the client when placing the order, or if required, upon request during the translation process (client glossaries, diagrams, drawings, tables, abbreviations, etc.). Errors resulting from non-compliance with these responsibilities shall be at the client’s expense.
The fee is calculated on the basis of the word count of the source text. Other methods of calculation, e.g. per line or per hour are also possible. All prices are net prices, excluding taxes. Payments are due within 10 days.
Use of subcontractors/execution by a third party
The supplier shall be entitled to subcontract third parties for the execution of services.
Warranty and notices of defect
The service rendered or goods supplied must be inspected by the client without delay, according to the contract conditions. The client is only permitted to claim within 7 days of receiving the goods or service. Hidden defects, which cannot be identified through the initial inspection must be reported to the supplier immediately upon their detection.
A claim shall only become legitimate after presenting specific evidence of the alleged defect. The supplier is obliged to remedy legitimate defects and/or supply a replacement product or service up to the order value, at their own discretion and to the exclusion of other claims, providing that a warranted attribute is missing, or intent or gross negligence exists. The same shall apply in the event of a legitimate claim for remedy, replacement service or replacement delivery. In the event of a delayed, omitted or failed remedy, replacement service or replacement delivery, the client can demand reduction of payment. Defects relating to a part of the service rendered or goods delivered shall not result in entitlement to a claim relating to the entire service or delivery.
No liability shall be assumed for translation errors that are based on incorrect or incomplete information supplied by the client, or incorrect original texts. The supplier shall only assume liability for damage resulting from gross negligence or intent. Claims for consequential damage through defects arising out of a positive breach of the contract, negligence at the time of contract conclusion, or inadmissable actions, shall be excluded. Claims for damages due to impossibility and delay shall be limited to the order value. The preceding liability limitations apply to the same extent for performing agents and vicarious agents, as well as the supplier’s subcontractors. They do not, however, apply to culpable breaches of signifiicant contractual obligations, in as far as the attainment of the contract purpose is jeopardised, in the case of the absence of warranted attributes, and in cases of mandatory liability as defined in the Product Liability Act.
All orders shall be treated as strictly confidential. The supplier undertakes to keep all documents and translations confidential from third parties, unless disclosure is explicitly requested by the client.
Place of performance, court of jurisdiction, validity
If the client is a merchant as defined by the German Commercial Code, or has no general place of jurisdiction in their home country, then the place of performance and court of jurisdiction for all disputes arising from the contractual relationship, including proceedings based on cheques, bills of exchange and documentary evidence, shall be the supplier’s place of business. The contractual relationship is governed by German law. UN Sales Law (CISG) is excluded. Should one or more provisions of these Terms and Conditions become invalid, the validity of the remaining provisions shall not be affected. In that case, the invalid provision is to be replaced by a valid provision, which best reflects the legal and economic purpose.