FL Translations is a trademark of FL Solutions GmbH from Düsseldorf, Germany.
Updated January 2020
These General Terms and Conditions (GT&C) apply to all legal relationships between FL Solutions GmbH and the Client to the exclusion of the Client’s General Terms and Conditions save where FL Solutions GmbH has given its express prior written consent to abide by the Client’s General Terms and Conditions. In making an order the Client automatically accepts these GT&C.
2. Execution of Client’s Order
FL Solutions GmbH undertakes in all cases to execute the order to the best of its ability and knowledge. The Client shall receive the contractually agreed deliverables.
3. Client’s Obligation to Cooperate
Wherever possible, the Client shall supply content-related information on the deliverables, e.g. reference material and terminology. The provision of such information shall always be at the cost and risk of the Client.
FL Solutions GmbH shall treat all information made available by the Client in strict confidence and shall also obligate its internal and external personnel to observe confidentiality. In no event shall FL Solutions GmbH be responsible for the violation of confidentiality on the part of its external personnel provided that FL Translations shall furnish adequate evidence that such violation could not have been prevented. Where required, FL Solutions GmbH shall enter into a non-disclosure agreement with the Client.
5. Complaints and Conflicts
The Client shall notify FL Solutions GmbH in writing of any complaints with regard to the agreed deliverables as soon as possible and, in any event, within ten working days after delivery. A complaint shall not under any circumstances release the Client from his obligation to make payment. Where the complaint is justified, FL Solutions GmbH shall remedy defects or replace the deliverables within an appropriate period of time or, where FL Solutions GmbH is justifiably unable to deliver the required improvement, shall grant a rebate. Clients shall precisely specify any complaint, also providing corrections and a reasoned argument. Complaints not made in this way shall not be accepted as justified. The Client’s right to complain shall lapse where the Client has processed the deliverables or had them processed and/or has transferred the deliverables to a third party.
6. Liability and Warranty
FL Solutions GmbH shall be exclusively responsible for damages caused as a direct and provable consequence of some shortcoming for which FL Solutions GmbH is responsible. FL Solutions GmbH shall not be liable for any other losses whatsoever such as operating loss, loss caused by delay or loss of profit. Liability shall in any event be limited to an amount equal to the invoice value of the respective order exclusive of value added tax. Ambiguity of texts to be translated shall exempt FL Solutions GmbH from any liability whatsoever. The question of whether a text to be translated or its translation poses any risk of personal injury shall be determined entirely at the Client’s cost and risk. FL Solutions GmbH accepts no liability for the damage or loss of documents, information or data carriers furnished by the Client. Equally FL Solutions GmbH shall not be liable for damage caused by processing or transmission arising out of the use of information and communication technology. In placing an order, the Client undertakes to ensure FL Solutions GmbH will remain unharmed by any claims by third parties which may arise out of the use of the deliverables where under the terms of this paragraph FL Solutions GmbH may be liable.
7. Delivery period and delivery date
The agreed delivery period (whether unilaterally or mutually) is a target period unless expressly agreed otherwise in writing with the Client. As soon as it becomes clear that delivery in keeping with the deadline is not possible, FL Solutions GmbH shall be obliged to inform the Client accordingly and without any delay. Where FL Solutions GmbH is responsible for the delay, the Client shall be entitled to unilaterally cancel the order if an extended waiting period is not reasonable. In this event, FL Solutions GmbH shall not be obliged to pay any compensation. Delivery shall be deemed to have been performed at the moment that the deliverables are dispatched by e-mail or, where necessary, by post, fax, courier, etc.
All agreed remuneration shall be subject to value added tax at the prevailing rate. Invoices are due and payable within 14 days at the latest after the date of the invoice in the currency specified in the invoice and without deductions. Any extrajudicial debt collection costs arising out of failure to meet payment punctually shall be borne in their entirety by the Client. The minimum order value is 75 euros.
9. Cancellation of Contract
Where the Client fails to meet his obligations and in the event of bankruptcy, postponement of payment or dissolution of the Client’s company, FL Solutions GmbH shall be entitled to cancel the contract in whole or in part or to postpone its performance without any obligation to pay compensation. In such an event, FL Solutions GmbH may demand immediate payment of any amount outstanding. Where FL Solutions GmbH is prevented from fulfilling its obligations by circumstances beyond its control, FL Solutions GmbH shall have the right to cancel the contract without any obligation to pay compensation. Such circumstances shall include but are not restricted to fire, accident, illness, strike, insurgency, war, transport obstructions, interventions by the state or any other circumstances over which FL Solutions GmbH has no influence.
10. Retention of Title and Copyright
The deliverables shall remain the property of FL Solutions GmbH until payment has been received in full. Only after payment has been rendered in full shall the Client acquire the right to use the deliverables. FL Solutions GmbH reserves its copyright at all times.
11. Applicable Law
All legal relationships between the Client and FL Solutions GmbH shall be governed by German law. All disputes shall be under the exclusive jurisdiction of the competent German courts. The place of jurisdiction is Düsseldorf.
12. Alterations to the General Terms and Conditions
FL Solutions GmbH is entitled to amend the General Terms and Conditions at any time without prior notice but shall always ensure that an updated version of the General Terms and Conditions is made available on request and shall publish the General Terms and Conditions on the website www.fl-solutions.de.