{"id":684,"date":"2018-11-20T21:56:01","date_gmt":"2018-11-20T20:56:01","guid":{"rendered":"https:\/\/galinawater.nl\/algemene-voorwaarden\/"},"modified":"2019-03-04T16:41:48","modified_gmt":"2019-03-04T15:41:48","slug":"algemene-voorwaarden","status":"publish","type":"page","link":"https:\/\/galinawater.nl\/uk\/algemene-voorwaarden\/","title":{"rendered":"Algemene voorwaarden Oekra\u00efens"},"content":{"rendered":"<\/div><\/div><\/div><\/div><\/div>
\n

GENERAL TERMS AND CONDITIONS <\/h1>
<\/div><\/div><\/div>
\n
<\/span><\/span><\/div>
\n

GENERAL TERMS AND CONDITIONS OF THE NETHERLANDS ASSOCIATION OF
\nINTERPRETERS AND TRANSLATORS (NGTV) FOR TRANSLATION WORK
\nDefinitions
\nClient 1) The natural or legal person who has entered into the contract
\n(of Work) with the Translator;
\n2) The natural or legal person who, by means of an authorization,
\nhas given permission to a third party to enter into the contract for
\nservices with the Translator;
\nContract (of Work) The contract to be entered into by Translator and Client concerning
\ntranslation work;
\nTranslator The natural or legal person performing the Client\u2019s translation;
\nTranslation The final version of the file\/document after the translation work has
\nbeen performed.
\nArticle 1 \u2013 Applicability of Terms and Conditions
\n1.1 These General Terms and Conditions apply to all quotations made by the Translator and all
\ncontracts between the NGTV Translator (hereinafter referred to as \u201cthe Translator\u201d) and the
\nClient.
\n1.2 The Translator declares these Terms and Conditions applicable to each quotation and\/or
\ncontract he\/she enters into with the Client.
\n1.3 With regard to the performance of the Work, the Translator is allowed to engage the
\nservices of his\/her employees or third parties, in which event the Translator exercises due
\ncare and diligence.
\n1.4 If at any time one or more provisions of these General Terms and Conditions become void
\nor voidable, whether in part or in full, the rest of these General Terms and Conditions
\nremain in place. In this event, the Translator and the Client will agree on the replacement of
\nthe void or voidable provisions by new provisions, while retaining the purpose and scope of
\nthe original provisions as much as possible.
\n1.5 If there is anything unclear or contentious about the interpretation of any of the provisions
\nin these General Terms and Conditions, then the interpretation will be made in accordance
\nwith the spirit of these provisions.
\n1.6 If a situation arises between parties that has not been provided for in these General Terms
\nand Conditions, this situation will be judged in accordance with the spirit of these General
\nTerms and Conditions.
\n1.7 If the Translator does not insist on the strict observance of these General Terms and
\nConditions at all times, this does not mean that the provisions concerned have become
\ninapplicable or that, in other cases, the Translator has in any way relinquished the right to
\ninsist on the strict observance of the provisions of these General Terms and Conditions.
\nArticle 2 \u2013 Quotations, Contract Formation
\n2.1 All quotations and estimates made by the Translator are without obligation.
\n2.2 Contract formation takes place by the Client\u2019s written acceptance of the quotation, or by the
\nTranslator\u2019s acceptance of the Work commissioned to him\/her by the Client. The Translator
\ngives a detailed description of how the source material is to be submitted and within what
\ntime frame(s) the source material must be in the Translator\u2019s possession.
\n2.3 If, for quotation purposes, the Translator has not been able to examine the complete text of
\n2
\nthe Work within five working days after the quotation date, he\/she may still revoke the
\nquotation and\/or the lead times after the Work\/quotation has been accepted. The
\naforementioned stipulation also applies if the files\/documents submitted by the Client do
\nnot comply with the specifications of the source materials as referred to in Article 2.2.
\n2.4 If the Client accepts the submitted quotation under the condition of one or more
\nmodifications, then a new quotation will have to be submitted. If, in this event, no new
\nquotation is submitted, no new contract formation takes place.
\n2.5 A combined quotation does not oblige the Translator to perform part of the Work at a pro
\nrata quotation price. Previously submitted quotations do not automatically apply to future
\nwork.
\n2.6 The Translator cannot be held to his\/her quotation, if that quotation, or part of it, contains
\nan obvious mistake or clerical error.
\nArticle 3 \u2013 Changes or Cancellations
\n3.1 If the Client modifies the Work after formation of the contract, the Translator is entitled to
\nadjust the lead time and\/or fee, or reject the Work. Any work already done will be assessed
\nin mutual consultation and in accordance with the principles of reasonableness and
\nfairness.
\n3.2 If the Client cancels the Work commissioned, he\/she has to pay for that part of the Work
\nthat has already been done as well as pay an amount of compensation, at an hourly rate, for
\nany research done with respect to the remaining part of the Work.
\n3.3 If the Translator has reserved time for the performance of a work that has subsequently
\nbeen cancelled, and is no longer able to use this time for other work, the Client shall pay the
\nTranslator 50% of the fee for the portion of the Work that has not been done.
\nArticle 4 \u2013 Performance of the Work and Confidentiality
\n4.1 The Translator undertakes to perform the Work to the best of his\/her knowledge, ability,
\nand expertise, keeping in mind the Client\u2019s stated purpose of the translation.
\n4.2 The Translator keeps all information provided by the Client strictly confidential. The
\nTranslator\u2019s employees and\/or third parties engaged in the execution of the contract are
\nbound to confidentiality.
\n4.3 Unless it has been expressly stipulated otherwise, the Translator is authorized to have the
\nWork (partly) performed by a third party, without prejudicing his\/her responsibility for
\nobserving confidentiality and for the proper performance of the Work.
\n4.4 The Translator may enter into a written contract with the Client for the purpose of
\ncompleting the Work in stages and for the separate submission of invoices for (each) stage
\nof the Work completed.
\n4.5 If the Work is performed in stages, the Translator may suspend the completion of portions
\nof the Work belonging to subsequent stages until the Client has approved in writing the
\nWork already completed.
\n4.6 The Translator cannot vouch for the correctness of the information supplied by the Client
\nand does not accept any liability for damage and\/or loss, of whatever nature, caused by the
\nuse of the information supplied.
\n4.7 If the Client defaults on the proper observance of whatever obligation he\/she has entered
\ninto with the Translator, the Client will be liable for any damage and\/or loss caused to the
\nTranslator, whether directly or indirectly.
\n4.8 If, during the execution of the contract, it appears that, for its proper execution, some
\nmodification or addition to the contract is required, the parties will modify the contract in a
\n3
\ntimely manner and by mutual consultation. As a result, the price initially agreed on may be
\nraised or lowered. If such situations occur, the Translator will submit a cost estimate
\nwhenever possible. By modifying the contract, the initially quoted price may be changed.
\nThe Client accepts the fact that the contract may be modified, including an adjustment in
\nprice and lead time.
\nArticle 5 – Intellectual Property
\n5.1 Unless expressly stated otherwise in writing, the Translator reserves the copyright on
\ntranslations and other texts produced by the Translator.
\n5.2 If, for the execution of the contract, the Translator acquires knowledge about how to
\ntranslate certain words\/terminology, he\/she has the right to use this knowledge for other
\npurposes, or for the performance of other Work. All this on the understanding that the
\nTranslator does not thereby prejudice his\/her duty of confidentiality regarding the Client.
\n5.3 The Client indemnifies the Translator against any claim by a third party regarding an
\nalleged infringement of proprietary rights, patent rights, copyrights, or other intellectual
\nproperty rights in connection with the execution of the contract.
\nArticle 6 \u2013 Termination
\n6.1 The Translator has the right to terminate the contract in full or in part if the Client defaults
\non his\/her obligations, goes into liquidation, applies for a moratorium, is subject to a
\npetition for insolvency, or fully or partially terminates or dissolves his\/her business.
\n6.2 If it becomes apparent after formation of the contract that performance of the Work cannot
\nreasonably be accomplished, and if this non-performance is due to the information provided
\nby the Client, the Translator is authorized to terminate the contract or, as the case may be,
\ncharge extra costs for the work not included in the quotation. The above also applies if, in
\nthe execution of the contract, it emerges that the information provided by the Client at the
\ntime of contract formation is fundamentally different from what is provided during the
\nexecution of the contract.
\n6.3 A termination of the contract as referred to in articles 6.1 and 6.2 does not discharge the
\nClient from his\/her obligation to pay for the work already completed by the Translator.
\nArticle 7 \u2013 Complaints and Disputes
\n7.1 The Client notifies the Translator in writing of any complaints concerning the work
\ndelivered as soon as possible within ten working days after delivery. Lodging a complaint
\ndoes not release the Client from his\/her obligation to pay for the work delivered.
\n7.2 If the complaint is well-founded, the Translator will improve or replace the delivered work
\nwithin a reasonable period of time or, if the Translator cannot reasonably comply with this
\nrequirement, he\/she will grant a price reduction.
\n7.3 If the Client and the Translator cannot resolve the complaint within a reasonable period of
\ntime, the dispute is submitted to the NGTV Disputes and Disciplinary Committee within
\ntwo months after this has been established. In that case, a settlement of the dispute takes
\nplace in accordance with the NGTV arbitration code. If no proceedings are instituted with
\nthe NGTV Disputes and Disciplinary Committee, it is subsequently not possible to institute
\nproceedings with a civil court of law (refer to Article 12.3 of these Terms and Conditions).
\n7.4 The Client’s right to lodge a complaint becomes void if the Client has revised the work
\nhimself\/herself or has ordered a third party to revise it without the Translator\u2019s written
\npermission and subsequently publishes this revision or, as the case may be, has it printed.
\n7.5 If the Disciplinary Committee establishes that the complaint is unfounded, the costs made
\n4
\nby the Translator as a result of it, including the costs of research, are chargeable to the
\nClient.
\nArticle 8 \u2013 Lead Time and Date of Delivery
\n8.1 Unless expressly stipulated otherwise, the agreed lead time is an estimate. As soon as it
\nbecomes apparent to the Translator that the agreed delivery date is not feasible, the
\nTranslator is obliged to notify the Client without delay.
\n8.2 In the event of an attributable failure to meet the agreed lead time, the Client has the right to
\nterminate the contract unilaterally if he\/she cannot, within reason, be expected to wait for
\nits completion any longer.
\n8.3 Delivery is considered to have taken place at the time of personal delivery or dispatch by
\nregular mail, telefax, courier, or electronic mail.
\n8.4 Delivery of documents via electronic mail is considered to have taken place at the time
\nwhen the medium confirms the dispatch.
\nArticle 9 \u2013 Fee and Payment
\n9.1 In principle, the Translator\u2019s fee is based on a per-word rate. A fee may occasionally be
\ncharged on the basis of an hourly rate. In addition to a fee, the Translator may charge the
\nClient for any disbursements related to the performance of the Work.
\n9.2 Unless expressly agreed otherwise, the agreed fee is exclusive of value-added tax (sales
\ntax).
\n9.3 If the Translator and Client agree on a fixed fee or price, the Translator nevertheless has the
\nright to increase this fee or price if this increase is caused by an event as referred to in
\nArticle 4.8, by a statutory or regulatory power or obligation, by wage rises and the like, or
\nby anything else that could not be reasonably foreseen at the time of entering into the
\ncontract. In this event, the Client has the right to terminate the contract, unless the parties
\naccept a new fee or price after mutual consultation.
\n9.4 Accounts should be settled within 30 days of the invoice date, in the currency specified in
\nthe invoice. After the 30-day period has expired, the Client will be in default immediately
\nand without further notice of default, in which case the Client owes the statutory interest
\nfrom the due date to the moment of full settlement.
\n9.5 If the Client is in default or non-compliant, then all reasonable costs incurred for obtaining
\na settlement in or out of court shall be for the Client\u2019s account. Extrajudicial collection
\ncosts are calculated on the basis of the generally accepted debt collection rates in the
\nNetherlands. The payable debt collection costs are subject to (statutory) interest rates.
\n9.6 The Client does not have the right to set off the amount he\/she owes the Translator.
\nObjections against the invoiced amount do not suspend the payment obligation.
\nArticle 10 – Liability and Indemnity
\n10.1 The Translator is only responsible for damage and\/or loss that is the direct and
\ndemonstrable result of an attributable breach on the Translator\u2019s part. The Translator is at
\nno time liable for any other form of damage and\/or loss, such as consequential loss, loss
\ndue to delay, or loss of profits. Where applicable, the Translator’s liability is at all times
\nlimited to the invoice value, exclusive of value-added tax (sales tax), of the Work
\nconcerned.
\n10.2 If the Translator is liable for any damage and\/or loss incurred, the Translator\u2019s liability is
\nlimited to a sum equivalent to the invoice value, exclusive of value-added tax (sales tax), of
\n5
\nthe Work concerned.
\n10.3 Where applicable, the Translator’s liability is at all times limited to the amount paid out
\nunder the Translator\u2019s insurance policy.
\n10.4 The Client indemnifies the Translator against all claims made by third parties who have
\nincurred damage\/loss in connection with the performance of the Work, if this damage\/loss
\nis attributable to a party other than the Translator. Furthermore, in so far as the Translator\u2019s
\nliability exists on the basis of this Article, the Client will indemnify the Translator against
\nall claims from third parties arising from the utilization of the work delivered.
\nArticle 11 – Force Majeure
\n11.1 In these Terms and Conditions, the meaning of the term \u201cforce majeure\u201d includes what is
\nmeant by it in statutory law and case law, as well as all exterior causes, whether foreseeable
\nor not, that are beyond the Translator\u2019s control and that prevent the Translator from
\nmeeting his\/her obligations. Its meaning includes – but is not confined to – fire, accident,
\nillness, strike, riot, war, government measures, prolonged power cuts, disrupted transfer,
\nand terrorist threats.
\n11.2 During the period of force majeure, the Translator\u2019s obligations are suspended. If, due to
\nforce majeure, the Translator is unable to meet his\/her obligations, both parties are
\nauthorized to terminate the contract, without any damages being required. However, the
\nobligation to pay for work already performed remains in place. If the Client is the
\nconsumer, the power to suspend only applies in so far as this power is enforceable by law.
\n11.3 If, at the commencement of force majeure, the Translator has already met part of his\/her
\nobligations, or is only able to meet part of his\/her obligations, the Translator has the right to
\nsend a separate invoice for the work performed so far, and the Client must pay this invoice
\nas though it concerned a separate contract.
\nArticle 12 \u2013 Applicable Law, Disputes, and Competent Court
\n12.1 All legally binding transactions between the Client and the Translator are governed by
\nDutch law.
\n12.2 Any dispute about these General Terms and Conditions are subject to the judgment of the
\ncompetent Dutch court.
\n12.3 The parties initiate court proceedings only if they have done their utmost to resolve the
\ndispute by mutual consultation. If that consultation does not result in a solution, the dispute
\nwill first have to be submitted to the NGTV Disputes and Disciplinary Committee, before it
\ncan be submitted to a court of law. Article 7.3 applies accordingly.
\nArticle 13 – Deposition and Registration
\n13.1 These revised General Terms and Conditions have been filed with the Amsterdam Chamber
\nof Commerce in March 2013 under registration number 40516076.
\n13.2 The Netherlands Association of Interpreters and Translators (\u201cNGTV\u201d) reserves the right
\nto make modifications or additions to these General Terms and Conditions. Modifications
\nalso apply to contracts already entered into, subject to a 30-day notice period after the
\nClient has been informed. If a Client does not wish to accept a proposed modification,
\nhe\/she has the right to cancel the contract until the date on which the new General Terms
\nand Conditions take effect.
\n13.3 In the event of conflicting interpretations, the Dutch-language version of the General Terms
\nand Conditions prevails at all times.
\n6
\n13.4 The Netherlands Association of Interpreters and Translators (\u201cNGTV\u201d) has been entered
\ninto the Trade Register of the Amsterdam Chamber of Commerce under number 40516076<\/p>\n<\/div><\/section>
\n

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