TERMS OF BUSINESS
In these conditions Aplingo shall be referred to as “the Company” which is Aplingo Limited and the purchaser shall be referred to as “the Client”.
In submitting a text for translation, the Client agrees to accept that all goods and services are provided by the Company subject to the following Terms of Business.
1. INTENDED USAGE
The Client shall clearly indicate the intended use of the translation that is to say whether it is required either for information or for eventual publication.
Unless otherwise requested in writing by the Client, a translation is made for information and understanding only and the Company undertakes to supply such translation of a high enough standard for that purpose.
Where a translation is required for publication the Client undertakes to have such translation checked and amended where necessary by the Client’s overseas agent or correspondent who is familiar with the specific technical terms in that country for the subject matter.
2. QUOTATIONS AND ACCEPTANCE
All quotations are given subject to confirmation by the Company upon receipt of the Client’s order and no contract shall be concluded until such confirmation is given. Each order when accepted constitutes a separate contract.
Any written quotation for work will remain open for acceptance for 30 days after despatch and thereafter will lapse unless otherwise stated in writing. The Company will not be bound by oral quotation or acceptance of it.
Time stated for delivery by the Company whether in writing orally are bona fide estimates which the company will use its best endeavour to achieve but the company cannot warrant the same and no liability shall attach to the Company in the event of delivery being delayed. Delay shall in no circumstances amount to or be deemed to be a breach of contract, neither shall the Client be entitled to treat the contract as repudiated by reason of the delay.
The Company uses only professional translators and whilst every effort is made to ensure the translation is as accurate as possible:
- The Company shall be under no liability to in respect of any defect in the supply of services arising from any specification supplied by the Client.
- Subject as expressly provided in these conditions and except where the Client deals with the Company as a consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Any claim by the Client which is based upon any defect in the quality or condition of the service or their failure to correspond with the specification shall be notified to the company within 21 days from the date of supply. If the Client does not so notify the Company the Client shall not be entitled to reject the services and the Company shall have no liability for such defects or failure and the Client shall be bound to pay the price of the services as if the services had been supplied in accordance with the terms of contract between the parties.
- Where any valid claim in respect of the Services or any of them is based on any defect in the quality of the services or their failure to meet specification is notified to the Company in accordance with these conditions the Company shall be entitled to reperform the services (or part in question) free of charge or at the Company’s sole discretion refund to the Client the price of the services (or a proportion of part of the price) but the Company shall have no further liability to the Client.
- Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Client by reason of any duty at common law or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of the services or their use or resale by the Client except as expressly provided in these conditions.
- In any event liability of the Company shall in no case exceed the value of the cost of the services.
5. TERMS OF PAYMENT
The Client shall pay the Company’s charges and disbursements under the terms of this contract within thirty days of the day of delivery of the invoice to the Client. In default of payment by the Client by the due date the Company is entitled to charge interest and late payment penalty charges under the Late Payment of Commercial Debts (Interest) Act 1998.
The copyright of the translation is the property of the Company and will not be deemed to have passed on to the Client until full payment for the transaction has been received by the Company.
7. GOVERNING LAW
All contractual relationships between the Client and the Company shall be personal to the Client and shall be governed by English law and the English Court shall have jurisdiction in relation thereto.
8. FORCE MAJEURE
The Company shall not be liable for any failure in the performance of any obligations under this contract caused by factors outside its control.