These terms and conditions shall apply to all quotations issued by José Domingo Urdangarin Vardaka (hereafter “the translator”) and agreements between the translator and a customer, unless expressly otherwise agreed in writing.
Quotations, Agreements and Orders
All quotations made by the translator shall be without obligation and valid for a period of 2 weeks from the date of its issuance, unless expressly otherwise agreed in writing.
The agreement shall take effect on the acceptance in writing by the customer of the quotation of the translator or the acceptance in writing by the translator of an order placed by the customer.
All quotations shall be excluding the legal applicable VAT, unless expressly otherwise indicated.
The customer is the one placing the order with the translator, unless the customer has expressly indicated to act on behalf and for account of a third party, provided the name and address of the foresaid third party have been duly submitted to the translator from the beginning of the relationship.
In case the translator does not dispose of the complete text within 24 hours after the order has been placed by the customer or in case the foresaid customer alters the text considerably, the translator shall be entitled to cancel the order or change the fee and/or lead time accordingly.
In case the customer cancels an order, he shall be liable to pay for the part which has already been executed, as well as a compensation for already undertaken research for the remainder of the order.
Execution of the Order and Confidentiality
The translator shall commit himself to executing the order to the best of his ability, employing his professional knowledge and skills. The translator shall have the right to use the services of third parties in the execution of an order.
The translator and eventual third parties that the translator appoints for the execution of the order shall treat all information entrusted to him by the customer with the strictest confidence.
The translator assumes that any information, reference material and terminology that the customer has provided him with at the translator´s request is correct and complete. The translator shall on no account be liable for damages, whatever their nature, if the foresaid information turns out to be incorrect or incomplete, despite having been supplied in good faith.
Lead Time, Force Majeure and Delivery Time
The translator and the customer agree upon a delivery date for the text. In case the translator is not in a position to honour this deadline, he shall inform the customer without delay.
The customer and the translator can then agree upon a new delivery date. In the event the translator exceeds this new deadline, the customer shall be entitled to rescind the order unilaterally and the translator shall not be bound to pay any compensation to the customer.
In the event of force majeure like fire, accident, illness, strike, rebellion, war, governmental measures or hindrance or restriction of transport, over which the translator cannot exercise any control, but which prevent the translator from meeting his obligations, the obligations of the translator shall be suspended. In case the period of force majeure exceeds two months, both parties shall be empowered to rescind the agreement, without any obligation for indemnity, except for the part of the order that the translator has executed before the situation of force majeure came into being.
Delivery is considered to have taken place at the moment of personal delivery, dispatch per normal post, courier or e-mail. Delivery per e-mail is considered to have taken place when the medium has confirmed the dispatch.
Fees and Payment
The fee is based on a rate per word (of the number of words in the original language) and excludes VAT, unless otherwise agreed upon.
Unless agreed otherwise, invoices are payable at 30 days from date of commercial invoice. When the 30 days payment term has expired the customer shall be in default and liable for the statutory interest from the day of default until the moment of full settlement of the debt.
In the event due payments exist, current orders may be suspended.
In the case of complaints regarding the delivered material the customer shall report these to the translator within 7 days of delivery and in writing. This shall not relieve the customer from his obligation for payment.
In case the complaint is founded, the translator shall correct or substitute the delivered material within a reasonable period of time. If this is not reasonably possible, the translator may give a discount on the agreed fee.
The right to claim shall cease in the event that the customer has revised the delivered material or have it revise by a third party.
Liability and Indemnity
The translator shall be liable solely for damage which is directly and demonstrably the result of a shortcoming of the translator. The translator shall never be held accountable for any other form of damage such as loss due to delay or loss of profit. The liability shall never exceed an amount higher than that of the commercial invoice excluding VAT of the order in question.
The translator cannot be held accountable for damage or loss of documents or information carriers placed at his disposal by the customer for the execution of the translation.
The customer shall indemnify the translator from all claims by third parties arising from the use of the delivered material; in as far as liability of the translator might exist in this sense.
Unless expressly otherwise agreed upon in writing, the copyright of the translations delivered by the translator shall only be transferred to the customer at the moment that the customer has fulfilled all his financial and other obligations to the translator.
The customer shall indemnify the translator from any claim by a third party regarding the alleged breach of rights of ownership, patent, authors' copyright or other intellectual property in connection with the execution of the agreement.
In the event the customer fails to honour his obligations, or in the case of bankruptcy, moratorium, receivership or liquidation of the customer's business, the translator shall be entitled wholly or partially to rescind the contract or to suspend the execution of the order, without being liable for any claims which might arise in consequence thereof and shall be entitled to claim immediate payment for services rendered.
The legal relationship between the customer and the translator shall be governed by Spanish Law and in particular by the judgment of the appointed Spanish judge at the translator´s address.