1. Area of application
These terms and conditions of business apply to contracts between Tilti Systems and all of its legal entities, thereafter Tilti Systems, and the clients unless other agreements have expressly been made or statutory provisions to the contrary are absolutely stipulated.
The client’s general terms and conditions of business are only binding on Tilti Systems if Tilti Systems has expressly acknowledged them.
2. Scope of supply
Our services are provided in a diligent manner in accordance with the professional standards which apply. The client will receive the desired service in the contractually agreed form and by the contractually agreed deadline.
3. Client’s duty of cooperation and disclosure
The client must inform Tilti Systems in good time about any special styles which apply to the translation (e.g. requirements in terms of layout, translation on data media, number of copies, print-readiness etc.). If a client gives the order for a translated text to be printed, the client must provide Tilti Systems with a proof.
All information and documents that are required in order to produce the translation properly must be provided to Tilti Systems by the client without being asked and in good time (e.g. specific company terminology, glossaries, descriptive graphical material etc.).
Translation and print errors resulting from non-compliance with these terms and conditions by the client shall not be at the expense of Tilti Systems and shall not be subject to any liability for defects. Any resulting damages shall not be borne by Tilti Systems
4. Rectification of defects
The client has a claim to corrections of any defects contained in the translation. This claim to the rectification of defects can only be asserted by the client if the defects are specified precisely and when a detailed justification exists. Tilti Systems reserves the right not to comply with the claim to the rectification of defects if no appropriate basis for the notification of defects can be provided and it can not be sufficiently justified.
In the event that the replacement delivery or improvement is inadequate, the statutory warranty provisions shall apply unless any other agreements have been reached.
Tilti Systems shall be liable only in the event of demonstrable gross negligence or deliberate intent during the implementation of the order. Liability for minor negligence shall apply only if essential contractual provisions are breached. Any complaints must be communicated in writing at the latest seven days after receipt of the services ordered.
6. Obligation of confidentiality
Tilti Systems undertakes to maintain confidentiality towards third parties about all facts and contents which are made known to the company in connection with the provision of services for the client.
Remuneration is due within ten days of the delivery of our service. The acceptance period must be appropriate.
As well as the contractually agreed fee, Tilti Systems shall also have a claim to the reimbursement of costs which have actually been incurred and which were agreed in advance with the client. Value added tax is calculated separately. For larger-scale orders Tilti Systems may request advance payment of the amount which from an objective viewpoint is necessary for the implementation of the order. In justified cases the handover of the translation may be made dependent on the full order value having previously been paid.
8. Retention of ownership and copyright
The translation shall pass into the ownership of the client only after payment has been made in full. Up to this point the client shall not enjoy any right of use.
Tilti Systems shall reserve the copyright.
9. Applicable law
Austrian law shall apply to the order and all claims resulting from it.
The effectiveness of these general terms and conditions of business shall not be affected by individual provisions being null and/or ineffective.
The place of jurisdiction is London.