BUSINESS TERMS & CONDITIONS
Mgr. Stanislav Pokorný – SMART Translations
Reg: 68765771, Šafov 55, 671 06 Šafov
(Hereinafter referred to as the "contractor")
- Introductory Provisions
These General Terms and Conditions form an integral part of the contract between the Client and the Contractor. The contract between the client and the contractor is formed on the basis of a written order, also by e-mail and electronic order forms (hereinafter referred to as the "Purchase Order"), which the Contractor confirms in the same manner.
- Subject of Performance
The subject of performance is the provision of services related to the Contractor's business, in particular the translation and interpreting services (hereinafter referred to as the "Order") in accordance with the requirements specified in the Order.
- General Provisions
The Contractor undertakes, after fulfilling the conditions set out in Article I, to produce the agreed contract as agreed, in the specified language, within the agreed time and to deliver it in the agreed manner. The Client undertakes to accept the order and to pay the Contractor the final price of the Order in accordance with Article V.
- Handover of the Order
The Client is obliged to take over the completed order at the time and in the manner specified in the Purchase Order. The Client or an authorised employee of the Client is obliged to confirm the receipt of the Order in writing to the Contractor immediately, stating that it has been duly and timely received. If the Client does not fulfil his obligation and does not confirm in writing the delivery of the Order within 24 hours after the deadline for delivery of the Order, the Client shall be deemed to have received the Order duly and in time. The Order shall not be deemed to have been delivered late if the contractor delivers the Order again to the Client upon request and proves that he had already sent it to the Client before. In the event that the completed Order cannot be delivered in the required manner for serious reasons, the Contractor is entitled to choose an alternative method of delivery of the completed Order at the expense of the Client. The Client shall be notified of this fact in advance. If the Client refuses to accept a duly agreed and completed Order without a valid reason recognised by both Parties, the Order shall be deemed to have been completed and the Contractor shall be entitled to issue an invoice, and the Client shall be obliged to pay the invoice.
- Rights and Obligations of the Parties
The Client is obliged to inform the Contractor of the purpose for which the Order will be used. If this purpose is not communicated to the Contractor, no account shall be taken of subsequent claims for reasons relating to it. If the text which is the subject of the Order contains technical and otherwise specific terms, abbreviations etc, the Client shall be obliged to provide the Contractor with a list of the relevant terminology used in the language concerned or provide the Contractor with other supporting material or indicate in the Purchase Order the person responsible for consulting the technical terminology. Failure to do so will result in subsequent claims relating to this terminology not being taken into account. If the Contractor receives a reminder for an Order pursuant to point 2(II), he shall send the Order immediately following the request. The Client is obliged to inform the Contractor of all circumstances which have a decisive influence on the fulfilment of his obligation to pay for the Contract. The Client is obliged to inform the Contractor whether a decision has been taken to declare bankruptcy over its assets or whether it has entered liquidation proceedings. The Contractor shall not be liable for any consequences arising from copyright infringement. The Contractor undertakes to keep secret all actions relating to the subject matter of the performance and further undertakes to treat all materials submitted by the Client as strictly confidential.
The completed Order shall be deemed defective if it has not been completed pursuant to the Purchase Order. Furthermore, the completed Order shall be deemed defective if it has not been completed in adequate quality. In all other cases, the Contract shall be deemed to have been properly executed. Anz claims shall be made in writing. The written complaint must state the reason for the complaint and describe the nature of the defects and, where appropriate, the number of defects. If the Contractor finds that the Client's complaint are justified, he shall arrange for a remedy at his own expense. In this case, the Client shall be entitled to a reasonable discount off the contract price, the amount of which shall be determined by agreement. If the Contractor finds that the Client's complaints are justified and the defects referred to in paragraph IV are not present, or if the Client does not accept the proposed remedy, the Client shall be granted a reasonable discount off the contract price. The amount of the discount depends on an expert opinion. In the event that a dispute arises between the Parties concerning the validity of the Client's claims for liability for defects referred to in paragraph IV of this Clause, the Parties undertake to resolve the dispute out of court by means of an expert opinion of an independent arbitrator selected by agreement of the Parties from the list of translators and interpreters maintained by the competent court. The amount of the discount shall depend on the result of the expert's report. Both the Contractor and the Client shall be obliged to pay the advance payment for the independent arbitrator's expert's report in the same amount, with the final settlement to be made according to the success rate in the complaint procedure.
- Time Limit for Filing Claims
Claims arising from the liability for defects shall be deemed invalid if they are filed late. The Client shall be obliged to submit claims for defects to the Contractor without undue delay, i. e. immediately after becoming aware of them
- General Provisions
- Order Price
The basis for the price calculation in the Order is the valid price list of the Contractor's services and the method for calculating the price specified therein. If the preliminary price of the Order is based only on an estimate of the number of units, the price calculation is based on the final number of units (for translation in the target language). The Contractor is not subject to VAT. The price list of services is an integral part of these Business Terms and Conditions.
- Terms of Payment
The Contractor shall be entitled to issue an invoice at the time of the Order completion. The basis for payment of the Order price is the invoice issued by the Contractor, where the invoice shall be due on the date specified in the invoice. In the event of a late payment, the Client's payment shall be credited first to the late payment fee and the remaining amount to the debt itself. The Contractor is entitled to issue an advance invoice to the Client which shall be due on the date specified in the invoice, only if previously agreed to by the Client.
- Withdrawal from the Contract and Compensation for Damage
Either Party shall be entitled to withdraw from the Contract if, after the conclusion of the contractual relationship, irremovable obstacles have arisen on its side which prevent the fulfilment of the obligation under the Contract. Such Party shall be obliged to notify the other Party in writing that it is withdrawing from the contract. In the event that the Client withdraws from the contract, the Client shall be obliged to pay the Contractor a cancellation fee of CZK 500 (five hundred) and the extent of the translation, if any, already completed. The Contractor shall not be liable for any damage resulting from the non-fulfilment of the Contract provided this is due to unforeseeable and/or unavoidable events and/or circumstances that the Contractor could not have prevented. If the text is used for printing or further distribution, the Client is obliged to inform the contractor of this fact.
- Special Provisions
The Client undertakes not to contact the translator or interpreter without the express consent by the Contractor. If, with the Contractor's consent, contact is made between the Client and the translator or interpreter, the Client undertakes not to discuss matters relating to the terms and conditions of the Contract. The Client further undertakes to inform the Contractor of any new arrangements made between the translator or interpreter.
- Final Provisions
Unless these Business Terms and Conditions provide otherwise, the legal relations between the Parties shall be governed by the relevant provisions under Act No. 513/1991 Coll.