General Terms and Conditions
Paragraph 1: Scope of application
These General Terms of Business apply to all business transactions between
T.C.C. (Beijing) Co,Ltd., the customer (Client) and third parties
(Contractors). With their order, the Client or Contractor recognizes these
General Terms of Business, which will then apply to the entire business
relationship and therefore also to future orders. T.C.C. (Beijing) Co.,
Ltd. will only be bound by the Client's or Contractor's terms of business
if T.C.C. (Beijing) Co., Ltd. expressly recognizes them in writing.
Paragraph 2: The placement of orders, the Client's duties of
(1) The Client must place orders by email, fax or post. The Client will be
responsible for performance defects or delays that result from the placing
of unclear, incorrect or incomplete orders. The relationship relating to
the order will only come into being when T.C.C. Beijing Co., Ltd. has by
email or fax confirmed the order by way of a confirmation of order that
refers specifically to the Client's respective order.
(2) When placing an order for translation, the Client must specify the
target language, technical field and purpose for which the text is
destined, any special terminological requirements and any special requests
regarding the method of execution (outer appearance of the translation,
storage on specific storage media and so on). If it is intended to print
the translation, the Client must provide T.C.C. Beijing Co., Ltd. with the
opportunity to proof-read the translation before the printed version is
created. T.C.C. Beijing Co., Ltd. will not be liable for errors resulting
from the non-fulfillment of these obligations.
Paragraph 3: Execution of the order, delivery times
(1) The translation will be carried out for informational purposes to the
best of our knowledge and belief in full and in accordance with the rules
of grammar and in compliance with the meaning of the text and the purpose
of the translation. In the event that the Client does not provide any
accompanying information material or special instructions, technical terms
will be translated in the usual way and in a generally understandable
manner. The translation performance will not include style revisions. The
Client will receive the translation in the agreed form.
(2) If, where words possessing several meanings are concerned, the meaning
of a word is only apparent from the context of the text, the Client will
be responsible for any translation errors if he or she did not provide to
T.C.C. Beijing Co., Ltd. the accompanying materials necessary to carry out
(3) T.C.C. Beijing Co., Ltd. may employ the services of contractors to
carry out the order. By submitting a quote and by accepting an order, the
Contractor undertakes to treat documents and all materials entrusted to
him or her as highly confidential, to not forward them to others and to
use them exclusively for the purposes of translation or modification in
accordance with the order placed by T.C.C. Beijing Co., Ltd. . In the
event of non-compliance, the Contractor will be fully liable to T.C.C.
Beijing Co., Ltd. and will release T.C.C. Beijing Co., Ltd. from any
claims made by third parties.
(4) Delivery times will be stated by T.C.C. Beijing Co., Ltd. to the best
of its knowledge and belief; they, however, can only ever be probable
dates and cannot be guaranteed.
(5) The translation will be dispatched in accordance with the Client's
specifications by email, fax or post. T.C.C. Beijing Co., Ltd. will not be
liable for damage that occurs during transport.
Paragraph 4: Payment
Insofar as no other agreement exists for the individual case, the usual
payment in euros will be deemed to have been agreed. The payment will be
calculated on the basis of standard lines in the translated text while
taking account of the level of difficulty of the text to be translated,
the agreed delivery time and the source text's file format. A standard
line consists of 55 characters (including layout characters and spaces).
The prices are net prices to which value added tax will be added. In the
event of large orders, an appropriate down payment along with part
payments based on the completed amount of text will be requested. Full
payment will be due on receipt of the translation. Here, offsetting with
disputed demands is not permitted.
Paragraph 5: Cancellation
If, without being legally or contractually entitled to do so, the Client
cancels a placed order, the costs incurred up to the point that the order
was cancelled must be settled and any work carried out up to this point in
time must be paid for.
Fees depending on the type and duration of the deployment will be charged
for cancellations of interpreter performances. For interpreter
performances of up to one day, it will be possible for the Client to
cancel the order and incur no cost if the order is cancelled at least
three days before the date that has been arranged for the work.
T.C.C. Beijing Co., Ltd. will invoice a cancellation charge of up to 50%
of the agreed fee for cancellations made within 72 to 24 hours before the
date that has been arranged for the work The agreed fee will be invoiced
in full for cancellations made within 24 hours before the date that has
been arranged for the work. For interpreter performances lasting more than
one day, it will be possible for the Client to cancel the order and incur
no cost if it is cancelled at least ten days before the date that has been
arranged for the work. T.C.C. Beijing Co., Ltd. will invoice a
cancellation fee of up to 50% of the agreed fee for cancellations made
within nine to three days before the date that has been arranged for the
work. The full fee will be invoiced for cancellations received after this
time limit. The Client will be free to demonstrate that the damage
suffered in the concrete individual case is considerably less than the
flat cancellation fee.
Paragraph 6: Warranty
(1) The Client must check the delivered translation.
(2) Complaints about defects will only be given consideration within
commercial business if T.C.C. Beijing Co., Ltd. is notified in writing
immediately after delivery (in the event of apparent defects) or
immediately after any defects have been discovered (in the event of
concealed defects). The defect about which the complaint is being made
must be described specifically. If the Client does not provide such
notification, the translation will be deemed to have been approved.
(3) Complaints about defects in non-commercial business must be made in
writing with concrete specification of the defect and, in the event of
apparent defects, such complaints must be made within a time limit of 14
days of the delivery of the translation.
(4) In the event of defects for which notification was provided in
accordance with Section 2 or Section 3, T.C.C. Beijing Co., Ltd. will be
entitled to rectify the defect. If such rectification fails, the Client
may set an appropriate time limit for T.C.C. Beijing Co., Ltd. to rectify
the defect and associate the setting of the time limit with the
declaration that the Client will reject rectification of the defect after
the said time limit has expired. After the time limit has expired, the
Client will be entitled at his or her discretion to demand that payment be
reduced or that the contract be rescinded.
(5) No liability will be assumed for defects caused by the Client
breaching his/her duties of cooperation or that have been caused by
incorrect, incomplete, terminologically incorrect or poorly legible source
(6) T.C.C. Beijing Co., Ltd.' liability will be limited to intent
and gross negligence insofar as no breach of an essential contractual duty
has occurred – in this event, liability will be restricted to typical and
foreseeable damage – or insofar as no injury to life, limb or health has
occurred. The same applies to the liability of T.C.C. Beijing Co.,
Ltd. vicarious agents.
(7) T.C.C. Beijing Co., Ltd. ' liability will – also in the event of
slight negligence – be restricted to the invoice value of the order
concerned. In regard to companies, liability for grossly negligent breach
of primary contractual duties will be restricted to typical and
foreseeable damage; liability for damage caused by the consequences of
defects, indirect damage and lost profits is excluded.
(8) The Client may not take recourse to T.C.C. Beijing Co., Ltd. to
exercise any contractual or legal claims for compensation by third
parties. The Client will in any case release T.C.C. Beijing Co., Ltd. from
all claims by third parties in full at the point in time when such claims
(9) T.C.C. Beijing Co., Ltd. will not be liable for damage suffered as a
result of force majeure (natural catastrophes, power failures, Internet
failures, computer viruses that cannot be discovered through regular
anti-virus scans, etc.). In these cases, T.C.C. Beijing Co., Ltd. will be
entitled to withdraw from the contract or to demand that the Client grant
an appropriate time limit to execute the order. Claims for compensation
are excluded in this case.
Paragraph 7: Reservation of ownership, right of utilization,
The translation will remain the property of T.C.C. Beijing Co., Ltd. until
payment has been settled in full. Only when the payment has been settled
in full will the Client acquire the non-exclusive right of use to the
translation. The translator who carried out the translation will own
the copyrights to the translation. The Client will release T.C.C. Beijing
Co., Ltd. from copyright claims – even those by third parties – that may
be made against T.C.C. Beijing Co., Ltd. as a result of the translation.
Paragraph 8: Data protection, confidentiality
The Client agrees that for the purposes of carrying out the order his/her
data will be stored in accordance with the legal data-protection
regulations. T.C.C. Beijing Co., Ltd. undertakes to keep secret the
contents of the documents to be translated, the information material
provided in connection with the order and the data of which it has become
aware through the business relationship. Cooperation with third parties
carrying out the order does not constitute a breach of this duty. A duty
of confidentiality does not obtain insofar as the data in question is
generally known or T.C.C. Beijing Co., Ltd. is as a consequence of legal
regulations, official or court instructions obliged to effect disclosure.
Paragraph 9: Applicable law, place of jurisdiction, amendments,
The law of the Federal Republic of Germany will apply to the relationship
resulting from the order and the rights and duties arising out of it. The
place of jurisdiction for both contract parties will be T.C.C. Beijing
Co., Ltd. place of business.
The Client will be notified of any amendments to these General Terms of
Business in the confirmation of order. The effectiveness of these General
Terms of Business will not be affected by the ineffectiveness or
invalidity of individual provisions. Deviations, amendments or secondary
agreements along with the waiving of the written-form requirement must be
confirmed in writing by T.C.C. Beijing Co., Ltd..