Terms and conditions
All Shipwrite services are subject to the following terms and conditions:
1. Scope of application
- These terms and conditions apply to all contracts between Shipwrite GmbH and the customer insofar as no other express agreement is either reached between the two parties or stipulated in law.
- The general terms and conditions of the customer are only binding upon Shipwrite GmbH if they have been expressly acknowledged as such by us.
2. Scope of services
- All services will be carried out carefully and conscientiously according to the principles of proper professional practice.
- The customer will receive the contractually agreed copy of the translation.
- Interpreting and language assistance will be provided for the contractually agreed period at the agreed time.
- The contract will define the scope of the work to be provided and the price for this work. If the volume of work increases during execution of the contract or turns out to be greater than indicated by the customer, Shipwrite GmbH reserves the right to make additional charges accordingly, or to postpone execution of the additional work until capacity is available.
3. Cooperation and duty of disclosure by the customer
- The customer must inform Shipwrite GmbH of the purpose of the translation as well as any format requirements or other special instructions prior to the start of work on the translation. Shipwrite GmbH accepts no liability for any changes made to the translation after delivery to the customer.
- The customer must provide information and materials required to produce the translation (glossaries, illustrations, diagrams, tables, abbreviations etc.) to Shipwrite GmbH voluntarily and in good time.
- Shipwrite GmbH accepts no liability or costs for errors resulting from failure to comply with these obligations.
4. Quotes, order placement and cancellation
- Shipwrite GmbH can only make a binding quote after we and/or our contractors have seen the source material in full. Quotes based solely on information provided by the customer are not binding.
- In principle, all quotes and orders shall be in Swiss Francs. A different currency may be used by mutual agreement. Orders arising from a quote will be invoiced in the currency of the quote.
- Orders must be placed in writing. In cases of urgency, orders may be accepted verbally provided that written confirmation follows within 24 hours.
- If an existing order is cancelled by the customer, the customer will be invoiced for work already completed and for the amount of time reserved for the order if Shipwrite GmbH has declined orders from other parties as a result.
5. Rectification of errors
- Shipwrite GmbH reserves the right to correct any errors. The customer is entitled to the rectification of any errors that may appear in the translation. Requests for the rectification of any such errors must be made within 7 days of receipt of the translation and are to be accompanied by specific details of the errors in question.
- If the customer does not request any rectification of errors within the specified period, the translation shall be deemed to have been accepted. In this case, the customer shall not be entitled to reduce or withhold payment. Shipwrite GmbH is entitled to improve upon any delivered translation within an appropriate period of time.
- If a complaint proves to be unfounded, Shipwrite GmbH reserves the right to invoice the customer for the time taken to investigate the complaint.
- The liability of Shipwrite GmbH shall in all cases be limited to the value of the order as stated in the quote and order confirmation. Under no circumstances can Shipwrite GmbH be held liable for consequential damages.
- Shipwrite GmbH accepts no liability for the loss of documents delivered by the customer, whether on paper or by electronic means, due to theft, fire, water damage, storm, force majeure, computer hacking, or electronic mail.
- Shipwrite GmbH shall only accept liability in the event of gross negligence and intent. Liability in cases of minor negligence shall be limited to the infringement of material contractual obligations. Where translations are provided “ready for printing”, Shipwrite GmbH shall only accept liability for direct damages caused by incorrect translation provided that this can be proven, that Shipwrite GmbH was supplied with a copy of the material for the purposes of proofreading directly before printing, and that the conditions of article 5.1 have been met.
- Shipwrite GmbH and the customer hereby agree to treat all information acquired during the execution of the assignment and/or provision of services as confidential.
- Unless required to do so by law, Shipwrite GmbH and the customer agree not to use information acquired during the course of the assignment or thereafter for any purposes other than the execution of the assignment. At either party’s request, both parties will destroy or where practical return all copies of the information to the other party, where permitted by law.
- For the purposes of this article, “confidential information” does not include any information that is already in the public domain or known to the other party prior to preliminary negotiations relating to the assignment.
- For the purposes of this article, “information” shall include, but without limitation, any data relating to, or received from, either party. This includes information in written form as well as information kept on microfilm, magnetic tape, or on any other mechanical or electronic data retrieval mechanism.
8. Terms of payment
- Payment is due by the specified means within 10 days of the invoice date unless expressly otherwise agreed.
- In addition to the agreed payment, Shipwrite GmbH is entitled to reimbursement for actual expenditure incurred where this expenditure has been agreed with the customer.
- All prices are exclusive of VAT at the statutory rate.
- For large orders, Shipwrite GmbH may require an advance payment or payment in instalments. Where justified, Shipwrite GmbH may withhold delivery of the translation until payment has been received in full.
- If the level of payment has not been agreed in advance, the fee will be set at the Swiss market rate that is commensurate with the type and difficulty of the translation.
9. Reservation of ownership and copyright
- The customer will be granted a temporary licence to use the translation until full payment is received. An indefinite licence will automatically be granted on receipt of payment in full.
- If payment is not received by the due date, the licence to use the translation will automatically be revoked until full payment is received.
- In the event of a dispute, the licence to use the translation will be revoked until the dispute is settled.
- Unless otherwise agreed, Shipwrite GmbH shall retain copyright.
- Unless otherwise agreed, Shipwrite GmbH may cite the customer as a reference.
11. Applicable law
- The assignment and any entitlements arising from it are subject to Swiss law in the Canton of Graubünden.
- If any of these conditions becomes invalid, the other conditions shall remain in effect.