All goods and
services are provided subject to the following terms and conditions:
1. In these
conditions the Company shall refer to Comintex Translation (Pass limited)
and the Purchaser to any party contracting for the supply of goods or
services by the Company its servants or agents.
2. In the
absence of express written agreement to the contrary the Company contracts
only upon terms that any contract is subject to and incorporates these
conditions. Any translation delivered by the Company to the Purchaser
shall be conclusively deemed to have been made subject to these conditions
irrespective of any contrary conditions or terms printed on or accompanying
the Purchaser's documents which contrary terms shall in no circumstances
prevail.
3. Times
stated for delivery by the Company whether in writing or orally are bona
fide estimates which the Company will use its best endeavours to achieve
but the Company cannot guarantee the same and no liability shall attach
to the Company in the event of delivery being delayed (by circumstances
beyond its control). Delay shall in no circumstances amount to or be deemed
to be a breach of contract, neither shall the Purchaser be entitled to
treat the contract as repudiated by reason of the delay.
4. Whilst
the Company will take every care in the selection of its carriers the
Company cannot be held liable for loss of any document dispatched by the
Company or consequent loss or damage thereupon...top
5. Title
to the copyright embodied in any translation produced by the Company shall
not pass to the Purchaser until all monies owed by the Purchaser to the
Company in respect of that translation including interest payable in respect
of late settlement of account are paid in full...top
6. Nothing
within these terms and conditions shall be construed as giving the Purchaser
any intellectual property rights to any material including computer software
and systems, whether developed by the Company or by third parties, that
the Company may use whether in the preparation of translations or transmission
of data to the Purchaser...top
7. The Company
shall not be held liable for any consequential loss or damage whatsoever
if the Purchaser is not the copyright holder of the text to be translated
and the Purchaser will indemnify the Company for any costs claims actions
and demands arising from any breach of copyright by the Purchaser or by
the Company in carrying out the translation on the Purchaser's instructions...top
8. The Purchaser
shall indemnify the Company for any costs claims actions and demands arising
from any libel resulting from carrying out the translation on the Purchaser's
instructions...top
9. The Purchaser
will remain liable under the contract and for the contractual price notwithstanding
any inadvertent breach of copyright or libel on the part of the Company...top
10 a) Unless
otherwise agreed all translations supplied by the Company are for information
purposes only and no warranty is given as to their suitability for the
purposes of publication. Whilst every attempt is made to ensure translations
are as accurate as possible, the Company cannot guarantee to comply with
the subjective preferences of the Purchaser and the Company shall not
be held liable for any consequential loss or damage caused by any inaccuracy
or difference of interpretation unless the error is such that no reasonably
competent translator could possibly have made it. All errors or defects
in translation must be brought to the attention of the Company within
thirty days of receipt by the Purchaser...top
10 b) A
translation credit with a link to the Comintex website will appear on
the main home page of your web site either in text or graphic format.
The link will be designed to fit the overall design of the site...top
11. The
Company shall be under no obligation to indicate or correct any errors
of whatever nature in any material supplied to the Company by the Purchaser
for the purpose of translation or interpreting and shall not be held liable
for any consequent loss or damage thereupon.
12. It is
the Purchaser's obligation to supply the Company with material to be translated
in a legible form. In the event that material supplied by the Purchaser
is not clearly legible, the Company may at its discretion decline to undertake
or complete the translation in which case the Company shall not be liable
for the non-completion of the translation or for any consequent loss or
damage thereupon. The client is responsible for notifying Comintex Translation
immediately of any changes that may occur during the translation process,
which affect, in any form, the content or format of the final product
or document to be delivered. Any changes will be subject to price adjustment
upon agreement by both parties. If possible, the client will provide the
document to be translated in digital form to facilitate the translator's
work.
13. The
Company shall not be liable for errors in conversion from one system of
measurement to another, for transliteration of names and other proper
nouns from one script to another or for translation of abbreviations,
neither shall the Company be liable for errors resulting from illegibility
of any material supplied by the Purchaser or for any consequent loss or
damage thereupon...top
14. Unless
otherwise agreed in writing any obligation of the Company to store material
whether as hard copy or in a retrieval system shall be limited to six
months from the date the Company invoices the Purchaser in respect of
that material...top
15. Whereas
the Company will take all reasonable measures to ensure the confidentiality
of materials supplied by the Purchaser the Company shall not be liable
for any loss sustained by the Purchaser through any breach of confidentiality
by the Company or its servants...top
16. If in
the course of supply of goods or services the Company makes available
to the Purchaser any knowhow or information including the identity of
its suppliers or subcontractors the Purchaser shall treat such knowhow
or information as confidential and shall not use such knowhow or information
or disclose it to any third party...top
17. Unless
otherwise expressly agreed in writing the contract price is inclusive
of value added tax and any other taxes or duties which the Company may
be required to collect or pay in respect of the contract subject matter...top
18. In the
absence of any express term to the contrary payment in full is due within
thirty (30) days following the date of dispatch of the translation to
the Purchaser interest being payable at the Company's sole discretion
upon all overdue amounts at the rate of two (2) per cent per annum above
the base lending rate...top
19. In the
event that the price payable by the Purchaser is agreed to be payable
in instalments failure by the Purchaser to make any instalment payment
on or by the due date shall render the whole sum outstanding immediately
due and payable...top
20. The
Company reserves a right of lien on all property of the Purchaser in the
Company's possession until settlement of all monies outstanding...top
21. In the
event that the Purchaser cancels an order placed with the Company for
the purchase of goods or services the Company shall be entitled to make
a cancellation charge not exceeding the value of the order were it completed...top
22. No waiver
by the Company of any breach of any provision hereof will constitute a
waiver of any other breach or of such provision...top
23. This
contract is deemed to have been made in Scotland and shall be construed
and take effect in accordance with Scottish Law...top
Printer friendly page |