In these conditions Midland Technical Translations (UK) Limited shall be referred to as "the Company" and the purchaser shall be referred to as "the Client". These conditions shall apply to all contracts made between the Company and the Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport to apply in any purchase order, confirmation of order or similar document.
In submitting a text for translation, the Client agrees to accept that all goods and services are provided by the Company subject to the following Terms of Business:
1 INTENDED USAGE
The Client shall clearly indicate the intended use of the translation, that is to say whether it is required either for information or for eventual publication.
Unless otherwise requested in writing by the Client, a translation is made for information and understanding only and the Company undertakes to supply such translation of a high enough standard for that purpose.
Where a translation is required for publication the Client undertakes to have such translation checked and amended where necessary by the Client's overseas agent or correspondent who is familiar with the specific technical or commercial terms used in that country for the subject matter.
2 QUOTATIONS AND ACCEPTANCE
All quotations are given subject to confirmation by the Company upon receipt of the Client's order and no contract shall be concluded until such confirmation is given. Each order when accepted constitutes a separate contract.
Any written quotation for work will remain open for acceptance for 30 days after dispatch and thereafter will lapse unless otherwise stated in writing. The Company will not be bound by any oral quotation or acceptance of it.
Any price quoted is exclusive of VAT which shall be due at the rate ruling on the date of the Company's invoice and exclusive of postage and packing/delivery charges.
Times stated for delivery by the Company whether in writing or orally are bona fide estimates which the Company will use its best endeavours to achieve but the Company cannot warrant the same and no liability shall attach to the Company in the event of delivery being delayed. Delay shall in no circumstances amount to or be deemed to be a breach of contract, neither shall the Client be entitled to treat the Contract as repudiated by reason of the delay.
The Company only uses professional translators and whilst every attempt is made to ensure the translation is as accurate as possible, no warranty is given in that regard and the Company shall not be held liable for any consequential loss or damage caused by inaccuracy or difference of interpretation unless the error is such that no reasonably competent translator could possibly have made it. In any event, liability of the Company shall in no case exceed the value of the invoice for the cost of the services.
5 TERMS OF PAYMENT
All accounts are nett and due on completion of the work. Monthly credit accounts may be opened for regular clients on request, in which case payment must be received within 30 days of the invoice date.
Interest on overdue invoices shall accrue from the date when the payment becomes due from day to day until the date of payment at a rate of 4% above HSBC Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
The copyright of the translation is the property of the Company and will not be deemed to have passed on to the Client until full payment for the transaction has been received by the Company.
7 GOVERNING LAW
All contractual relationships between the Client and the Company shall be personal to the Client and shall be governed by English law and the English Court shall have jurisdiction in relation thereto.
8 FORCE MAJEURE
The Company shall not be liable for any failure in the performance of any obligations under this contract caused by factors outside its control.