Nederlands Genootschap van Tolken en Vertalers
Terms
and Conditions*
*In the
event of discrepancies or ambiguity between the original Dutch version of these
Terms and Conditions and this translation, the Dutch text shall prevail.
Article 1 - Applicability of the terms and conditions
1.1 These terms of business shall apply to all transactions and
agreements between the NGTV interpreter/translator (hereinafter: the
translator) and the principal, in respect of which the translator has declared
these terms and conditions to be applicable, to the exclusion of the
principal's terms of business unless the translator has agreed in writing that
they shall apply.
1.2 These terms and conditions shall also apply to all agreements
with the translator, the execution of which may require the involvement of
third parties.
Article 2 – Quotations; entering into an agreement
2.1 All
quotations and cost estimates shall be without obligation.
2.2 The contract shall take effect on the acceptance in writing by
the principal of the quotation submitted by the translator, or - should no
quotation have been submitted - by the confirmation in writing by the
translator of a commission granted him by the principal. In the event of the
translator being unable to examine the complete text within five working days
before submitting his quotation he may however retract the cost estimate and
lead times he has quoted after the principal has accepted the quotation. All quotations
and fees stated shall be excluding VAT (BTW) unless it has clearly been agreed
to be otherwise.
2.3 The translator may consider his principal to be the person who
has commissioned the work, unless the said person has clearly stated that he is
acting on behalf of, on the orders of and on the account of a third party and
providing the name and address of the said third party are concurrently
submitted to the translator.
Article 3 - Alteration/withdrawal of commission
3.1 If, after the contract has been concluded, the principal makes
any alteration other than minor changes
to the original commission, the translator shall be entitled to adapt the lead
time and/or remuneration or to reject the commission.
3.2 In the event of a commission being withdrawn by the principal
he shall be liable for payment of that part of the commission that has already
been executed and for payment on the basis of a fee per hour for research that
has been undertaken with respect to the remainder of the commission.
3.3 Should the translator have reserved time for the execution of
the commission and not be able to use this time for other work, the principal
shall pay the translator 50% of fee covering the portion of the commission that
has not been executed.
Article 4 - Execution of commissions, confidentiality
4.1 The translator shall commit himself to executing the
commission to the best of his ability,
thereby employing sound professional knowledge and skills, with due regard to
the purpose specified by the principal.
4.2 The translator shall treat all information entrusted to him by
the principal with the strictest confidence. The translator shall require his
employees to observe the strictest confidence. Should an employee breach the
said confidence, the translator shall not, however, be held liable if he can
demonstrate that it was not in his power to prevent such disclosure.
4.3 Unless it has been expressly stipulated to the contrary, the
translator shall be entitled to have the commission (partly) executed by a
third party, without prejudice to his responsibility for the observance of
confidentiality and for the quality of execution of the commission. The
translator shall require the said third party to observe the strictest
confidence.
4.4 On request, the principal shall provide
the translator with information regarding the contents of the text to be
translated, including documentation, reference material and terminology.
Dispatch of the documents concerned shall be at the principal's risk and
expense.
4.5 The translator shall not be held responsible for the accuracy
of information supplied to him by the principal
and shall on no account accept liability for damage of any kind if the
translator has operated from inaccurate or incomplete information supplied to
him by the principal, even if such information was supplied to him in good
faith.
Article 5 - Intellectual Property
5.1 Unless it is expressly stated in writing to the contrary, the
translator shall retain the copyright on translations and other texts executed
by him.
5.2 The principal shall indemnify the translator from any claim by
a third party regarding alleged breach of rights of ownership, patent, authors'
copyright or other intellectual property in connection with the execution of
the commission.
Article 6 - Rescission
In the event of the principal failing to honour his
commitments, or in the case of bankruptcy, moratorium, receivership or
liquidation of the principal's business, the translator shall be entitled
wholly or partially to rescind the contract or to delay the execution of the
commission, such action never rendering him liable for any claim for damages.
He may then demand immediate payment of remuneration due to him.
Article 7 - Complaints and disputes
7.1 The principal shall report complaints concerning the work
delivered by the translator as soon as possible and inform him in writing of
his dissatisfaction within ten days after acceptance. The reporting of a
complaint shall in no way relieve the principal of his obligation to pay for
the work delivered.
7.2 Should the complaint be well-founded, the translator shall
improve or replace the delivered work within a reasonable period of time, or -
if the translator cannot reasonably comply with the request for improvement -
agree to a reduction in the fee.
7.3 If the principal and the translator cannot reach agreement
concerning the complaint within a reasonable period of time, the two parties
may lay the complaint before the Disputes and Disciplinary Committee of the
NGTV within two months after such situation has arisen. Settlement of the
dispute shall in that case take place in accordance with the arbitration code
of the NGTV.
7.4 The principal's right to make a claim shall cease if he has
revised - or has caused to be revised - the work as delivered and has
subsequently passed it on to a third party.
Article 8 -Lead time, delivery
8.1 The agreed lead time shall be an estimated time, unless
expressly stipulated otherwise. As soon as it becomes apparent to the
translator that the agreed delivery time is not feasible, he shall be bound to
inform the principal immediately.
8.2 Should the translator be accountable for the delay in
delivery, the principal shall be entitled - if it is unreasonable for him to
wait any longer - to rescind the contract unilaterally. In this event the
translator shall not be entitled to any compensation.
8.3 Delivery shall be considered to have taken place at the moment
of delivery by hand, dispatch by normal postal service, fax, telex, courier,
modem.
8.4 Delivery of documents via electronic post shall be considered
to have taken place when the medium has confirmed the dispatch.
Article 9 - Fees and
payment
9.1 The translator’s fee is in principle based on a word tariff.
For work other than translation a fee based on an hourly rate will in principle
be charged. The translator may, in addition to his fee, declare the expenses
incurred in executing the commission.
9.2 All sums shall be stated excluding value-added tax (BTW),
unless it has been expressly stated to the contrary.
9.3 Accounts should be settled at the latest date 30 days after
the date of the invoice in the currency in which the invoice is drawn up.
Should the payment not be made within the period specified, the principal shall
immediately, without further notification, be in default, in which case the
principal shall be liable for the statutory interest from the date of default
to the moment of full settlement.
9.4 In the event of extrajudicial collection, collecting rates of
15% over the first EUR 2,269.45 of the capital sum plus interest shall be
levied and a rate of 10% over the remainder, with a minimum collection charge
of EUR 68.08.
Article 10 - Liability and indemnity
10.1 The translator shall be responsible solely
for damage that is the direct and demonstrable result of a shortcoming for
which the translator can be held accountable. The translator shall never be
liable for any other form of damage such as consequential loss, loss due to
delay or loss of income or profits. The liability shall in every case be limited
to a sum equal to the invoice value excluding value-added tax (BTW) of the
commission concerned.
10.2 Ambiguity in the text to be translated
indemnifies the translator from any liability.
10.3 Judgment as to whether the text to be
translated, or the translated text, contains certain risks of bodily harm or
injury shall be the sole responsibility and liability of the principal.
10.4 The translator shall not be held
responsible for damage to or the loss of documents, information or information
carriers placed at his disposal for the purpose of executing the commission.
Nor shall the translator be held liable for damage arising from the use of
information technology or modern means of telecommunication.
10.5 The translator's liability shall be limited
to a maximum of EUR 45,389 in each case.
10.6 The principal shall be bound to indemnify
the translator from all claims from third parties arising from the utilization of the work
delivered, excepting the liability of the translator that may exist on the
grounds of the provisions of this article.
Article 11 - Force Majeure
11.1 In the present terms and conditions, force
majeure shall be understood , in addition to the legal definition and
interpretation of the term, to include all exterior causes, whether anticipated
or not, over which the translator cannot exercise any control, but which
prevent the translator from being able to meet his commitments. Such
circumstances shall in any case include - but not exclusively - fire, accident,
illness, industrial action, rebellion, war, governmental measures or hindrance
or restriction of transport.
11.2 During
the period covered by force majeure the translator’s commitments shall be
suspended.
Should the period within which force majeure prevents the translator
from meeting his commitments exceed two months, either
party shall be empowered to rescind the agreement; no obligation of indemnity
shall in such case arise. If the principal is the consumer the empowerment to
rescind shall only apply in so far as such empowerment is enforceable by
law.
11.3 If, at
the time of the commencement of force majeure the translator has partially met his commitments, or can only partially
meet his commitments, the translator shall be entitled
to draw up a separate invoice covering the work executed and the principal shall be bound to pay the said invoice
as though it applied to a separate agreement.
Article 12 - Legal system applicable
12.1 The law of the
12.2 Any dispute shall be subject to the
judgment of the officially appointed
Article 13 - Deposit and registration.
13.1 These revised terms of business were
deposited at the Amsterdam Chamber of Commerce on 15th May 2001: registration number 40516076.
13.2 The