Terms of Business of Central Translations Limited
In submitting a text for translation or typesetting or in commissioning interpreting or other assignments the client enters into a binding agreement with Central Translations Limited ( hereinafter referred to as CTL) in accordance with the terms of business of CTL set out below.
1. Settlement terms are thirty days net of the invoice date. To assist CTL in keeping charges down to a minimum clients are requested to settle accounts in conformity with these terms. Overdue accounts will be charged interest at the rate of 2.5% per four week period or part thereof and failure to settle accounts on the due date in addition to attracting interest may lead to the withdrawal of CTL’s services either temporarily or permanently.
2. In the event of the cancellation of a translation assignment once contracted there shall be payable a cancellation charge of 10% of the net fee by way of compensation for administrative expenses already incurred. If a translation has already been commenced the client shall be liable to pay for such proportion of the translation as has been completed in addition to the cancellation charge of 10% of the net fee. The standard rate of V.A.T. will be added as appropriate. Any partially completed work will be delivered to the client.
Cancellation charges for interpreting assignments shall be in accordance with Central Translations Ltd’s separate Terms and Conditions for Interpreting Assignments.
3. In any case where time is of the essence CTL reserves the right to make a surcharge for expediting the assignment. But if for any reason the assignment cannot be completed by the time required by the client CTL will advise the client as far in advance as is reasonable in the circumstances and will cancel any surcharge which would have been payable if the assignment had been completed by the time required by the client
However, because the requirement to produce a translation in a limited time necessarily precludes the high standard of checking and counter-checking in accordance with the usual practice of CTL no liability can be accepted for any inaccuracies in the translation notwithstanding that the translation will be treated with all such care as is possible in the constrained circumstances.
4. In the event of Force Majeure CTL undertakes to notify the client as soon as is reasonably possible by the most expeditious means available and to explain the circumstances. If, as result of delay due to Force Majeure the client wishes to terminate the assignment the client may do so provided that payment is made to CTL for work already completed and CTL will if required exercise its best endeavours to assist the client in locating an alternative source of translation to enable the assignment to be completed.
5 CTL undertakes to translate to a reasonable professional standard. It is accepted that the translation of any given assignment may be expressed in more than one way each or all of which are equally correct. CTL will provide a clear and accurate translation but cannot undertake to comply with the subjective preference of the client.
6. CTL accepts no liability whatsoever for any loss consequential upon any inaccuracy in a translation unless CTL is informed in writing at the time the text is submitted for translation of the exact purpose of the translation and furthermore in no circumstances can liability be accepted in respect of any error unless such error is brought to the attention of CTL by the client, either immediately it becomes apparent to the client or within fourteen days of receipt of the translation by the client whichever is the earlier.
7 All translations will be of the original supplied for translation and CTL can accept no liability whatsoever for any error omission ambiguity or lack of clarity in the original nor for any error in translation arising from the poor quality of or any defect in the original text submitted for translation.
CTL maintains professional indemnity liability insurance with a limit of indemnity of £100,000 and in no circumstances shall CTL’s liability howsoever arising to the client exceed the said sum of £100,000
8. In the event of any dispute or difference arising between CTL and any client in respect of any contract or assignment or in respect of CTL’s terms of business such disputes shall be referred to an arbitrator to be appointed by agreement between CTL and the client and failing such agreement by the Ethics Committee of the Association of Translation Companies and no proceedings shall be brought in any court in respect of any dispute or difference unless such dispute or difference has first been referred to arbitration as herein provided.
9 Notwithstanding the fact that the client’s domicile might be outside the jurisdiction of the English courts the terms of business of CTL shall be interpreted in accordance with English law and in all cases of dispute resulting in litigation the case shall be submitted to the jurisdiction of the English courts.
10. CTL will accept text for translation subject to the client’s acceptance of the conditions herein contained each of which is to be interpreted separately and in its own right, without exception or reservation.
© 2012