General terms and conditions for contracting

General information and scope

All Provision of Services Contracts agreed between the TRADITAS translators and their clients are based exclusively on these General terms and conditions for contracting. No condition from the buyer (hereinafter known as: "the client") contrary or different to these conditions will be accepted; unless the TRADITAS translators have previously agreed with and confirmed in writing. These General terms and conditions for contracting will be applied even if the client, when ordering a service, presents her/his conditions and these are contrary or different than the present ones.
On acceptance of an order, the client accepts the present General terms and conditions for contracting, which will be in force during the whole duration of the business relationship and for future business, even if there is no specific reference to the Conditions.

Offer - Documents of the Offer

In case there are offer specifications, estimates and other kind of documents attached to the offer, the TRADITAS translators reserve the right of property and copyright on them. These documents will not be disclosed to third parties without the expressed and written approval of the TRADITAS translators.

Granting of orders

Orders previously agreed will be considered as granted upon the client's remittance of the order by e-mail, post or fax and upon the reception of the text(s) to be translated by the TRADITAS translators. The reception of those texts will be confirmed via e-mail, conventional post, fax or phone call. Otherwise, the order will not be considered as accepted. For the granting of the order, no signature by hand will be required. However, this condition can be agreed anytime, if requested. The granting and acceptance of the order will be considered as an agreed Provision of Services Contract.

Delivery Deadline

Delivery deadlines are negotiated and offered to the client to the best of their knowledge and belief and are based on principles drawn from expertise. However, only deadlines can be accepted which can be reasonably met.
A delivery will be considered as compliant with regulations and deadlines from the time of the demonstrable remittance (e-mail remittance protocol).
The client must immediately check the translation after its delivery.

The translation service provided will be considered as accepted after a period of 10 working days from the time of delivery of the translation.

The translation service provided will be considered as accepted when the client uses or applies the translation or parts of the translation before the end of the previously specified deadline of 10 working days; when the client has completed the payment of the respective invoice; and when, after the delivery, no confirmation of acceptance from the client has been received within a period of time previously specified by the TRADITAS translators.

Payment terms and conditions

The purchase price will be paid without deduction within 30 days from the date of invoice. After 10 working days from the invoice expiration date, the client will be in arrears, without the necessity of warning or request from the TRADITAS translators.

In case of late payment, legal regulations will be applied.

The client will receive compensation only if, from a legal perspective, his/her complaints are proven to be valid, indisputable or recognized by the TRADITAS translators.

The right to withhold payment can only be enforced if it is based on the provision of the service included in the invoice.

Prices

All prices and offers are non-binding and are subject to changes at any time. Surcharges, rates and other complementary charges are specified on the price list and are subject to changes. All prices are indicated in Euros as long as no different currency has been agreed. The prices specified in the price list, which can be sent to the client, upon request, by the TRADITAS translators are not inclusive of VAT and have been established only for legal entities and individuals based in Spain. For any legal entities and individuals based outside Spain -but within the European Union- the prices and conditions for the price lists of the language of the individual's country or, if necessary, in English, will apply. For the invoices within the EU, people in all European countries are subject to VAT, which is applicable and mandatory, but it is not applied on the invoices (VAT exempt invoices).

The TRADITAS translators reserve the right to modify their prices as convenient if, after the granting of the order / agreement of the contract, there is a cost reduction or increase, especially when they are caused by the incorrect or incomplete transmission of the source documents or by incorrect or ambiguous expressions of the source documents.

On the other hand, the TRADITAS translators will apply an annual increase on prices, according to the Consumer Price Index (CPI) increase for the year.

Property reserve

The TRADITAS translators reserve the right to the property of the product resulting from the translation service provision and of all complementary documents created for the provision (terms databases) until the receipt of all payment corresponding to the granting of the order / agreement of contract for the service provision.

Claims for defects

According to the client's liability to check without delay the translation after delivery, as described under the third paragraph or the section "Delivery deadline", all claims related to a translation will be submitted in writing within 10 working days after the delivery of a faulty translation and, in case of latent defects, within 30 working days from the delivery date.
The client's claims filed against the TRADITAS translators will be limited to the later execution or corrective action. In case of failure of the later execution or corrective action, the client will be entitled to a price reduction or to withdraw the order or cancel the contract. The later execution or corrective action will be accomplished provided that the client makes payment for the value of the provision of defective services.

Liability

Regardless of the legal nature of the filed claim, the TRADITAS translators will be liable for all intentional and unadvised damage. This liability shall not be affected by eventual injuries caused by negligence on a person, his/her physical integrity or his/her health.

Disclaimer clause

If any of the regulations herein established was or stopped being effective, this will not affect the validity of the remaining regulations included in these General terms and conditions for contracting. In that case, the particular regulation will be established so that it meets in the best possible way the interest of the parties. With respect to the rest, legal regulations will apply.

Jurisdiction

When the client is a trader, the presiding jurisdiction is the one corresponding to the tax residence of the TRADITAS translators, respectively. However, the TRADITAS translators will be entitled to legal action against a client in their own country of tax residence.
For all other cases the law corresponding to the tax residence of the respective TRADITAS translator will apply.
The jurisdiction places are the tax addresses of the TRADITAS translators, respectively.