General Terms and Conditions of Meckel Translations GmbH
1. Scope and Conclusion of Contract
These terms of business apply to all services offered by Meckel Translations GmbH (henceforth Meckel Translations). When an order is issued, the customer must accept the present terms of business. Meckel Translations is bound to the price quote for a month.
2. Terms of Delivery
The stated delivery deadline is not legally binding unless Meckel Translations expressly states it as binding in writing. If the deadline is exceeded due to force majeure, the delivery deadline is extended for the duration of the corresponding event. The customer is not entitled to issue counter-claims without the written consent of Meckel Translations.
3. Terms of Payment
All payments must be completed within 30 days. If this period of time is exceeded, the customer defaults on the payment without a reminder being required. In the case of default, Meckel Translations is entitled to demand interest on outstanding payments.
4. Delivery and Acceptance
The delivered work is deemed to be accepted if the customer has not declared any deficiencies within 3 days.
5. Guarantee and Liability
The customer must inform Meckel Translations of deficiencies in writing immediately. The guarantee is limited to subsequent improvements. Other guarantee claims are expressly excluded. The guarantee deadline is 60 days. There is no guarantee for the correct translation of names, figures and addresses as well as untranslatable technical terms.
Meckel Translations is liable, within the scope of the individual contract value, for direct damages incurred by the customer in connection with the fulfilment of the contract if Meckel Translations' negligence can be proved. Any further liability, including indirect damages or consequential damages, such as reduced profits, extra expenditure, staffing costs or third-party claims, as well as the liability for assistant staff, is expressly excluded, so long as this is legally permissible.
There is no guarantee or liability for deficiencies which result from incorrect or incomplete details or documents issued by the customer.
6. Use of Third Parties
Meckel Translations is entitled to employ third parties for the fulfilment of the contract or to transfer the fulfilment to a third party.
The rights to the work produced in the context of these terms of business are transferred to the customer when payment is received.
8. Dispatch and Delivery Risk
Delivery usually occurs by means of the postal system or data transfer. Once Meckel Translations has made the delivery, by post or another delivery method, or once data are transferred, the customer bears the risk. Meckel Translations is only liable for the loss of documents transferred by the customer in the case of gross negligence.
Data and information transferred by the customer to Meckel Translations are treated in strict confidence.
Should a customer cancel an order, then that part of the work completed up to the time of the cancellation must be paid for. Also, in such a case, the customer must cover all costs resulting from the possible involvement of any third parties.
11. These terms of business comprise all agreements made between the parties.
Alterations are only legally valid if agreed in writing by both parties.
12. Place of performance, applicable law and place of jurisdiction
The place of performance is Rüfenach AG. These terms of business are subject to Swiss law.
The place of jurisdiction is Baden.
Last amendment: March 2018