- A non-binding estimate of costs can be provided upon request. The fees in these quotations are considered only as a suggested price. The ultimate criteria for the calculation of charges is the services that are provided.
- If an order is canceled, all costs accumulated up until the point of cancellation, including payment for the completed parts of the service, must be paid by the customer.
- After the due date of the project, traders can charge interest to the amount of the relevant valid standard banking interest rate for short-term credit. If the customer fails to meet the payment date, Eule Lokalisierung GmbH reserves the right to charge default interest to the amount of five percent (5%) above the current discount rate, unless the customer can prove a smaller burden. Any deductions or discounts that are granted are valid only if payment for the relevant invoice is made on time.
- For extensive services, Eule Lokalisierung GmbH reserves the right to demand an advance payment that is required for the preparation and execution of the service. If the order volume is more than EURO 25,000, the customer must usually pay an advance payment up to the amount of a third of the order volume. In justified cases, Eule Lokalisierung GmbH reserves the right to demand that full payment be made in advance of services to be performed.
- Offsetting of counterclaims by the buyer shall be excluded unless these counterclaims are accepted or determined in a legally effective manner.
- Eule Lokalisierung GmbH cannot be held liable for translation errors that arise as a result of incorrect or incomplete information being provided by the customer or as a result of ambiguous wording in the original text. Otherwise, Eule Lokalisierung GmbH shall have liability only for malicious intent and gross negligence. In the case of ordinary negligence, liability only arises if substantial contractual obligations for foreseeable damages are violated. In the latter case, liability for damages is limited to the amount of payment for the relevant service.
- Where, for reasons of force majeure or other uncontrollable circumstances for which Eule Lokalisierung GmbH is not responsible, the service cannot be performed on time or cannot be performed at all, no liability is accepted. The same applies in the case of documents that are provided being lost due to circumstances that are beyond our control.
- Should Eule Lokalisierung GmbH receive a claim for compensation regarding a breach of existing copyright on an order or if compensation claims from third parties are upheld, the customer shall be responsible, Eule Lokalisierung GmbH shall be completely exempt from responsibility.
- Eule Lokalisierung GmbH reserves the right to amend. The customer is entitled to demand the correction of any defects the service may contain and any defects for which Eule Lokalisierung GmbH is responsible. and these defects are to be corrected by Eule Lokalisierung GmbH within a reasonable period. When the precise nature of the defect is known, the provider must rectify the defect within one week of the defect becoming apparent.
In the event of failure of correction or a replacement delivery, the statutory warranty rights shall become valid again, unless agreed otherwise.
Any special scheduling requirements must be agreed by Eule Lokalisierung GmbH in advance.
- Once the service has been handed over to the customer, the risk is also transferred to the customer.
- The customer undertakes not to attempt to recruit any employee of Eule Lokalisierung GmbH.
- Until full payment is made for the service, the customer does not hold rights for usage or exploitation of the service. Eule Lokalisierung GmbH maintains its intellectual property rights (under the copyright law (§3 UrhG)) for the service.
- For all present and future claims arising from business relations with traders, including claims based on a bill of exchange or cheque, the exclusive place of jurisdiction is the registered office of Eule Lokalisierung GmbH. For business relationships with traders, the registered office of Eule Lokalisierung GmbH is also the place of fulfillment.
- The law of the Federal Republic of Germany under exclusion of the UN sales law applies.
- Alterations or additions to this contract are not valid unless made in writing.
©2009–2011 Eule Lokalisierung GmbH