This document defines the framework terms and conditions of partnership between Skrivanek Sp. z o. o., hereinafter referred to as Skrivanek, and business entities and natural persons, hereinafter referred to as the Ordering Parties, with regard to services rendered by Skrivanek for the Ordering Party.
1. The subject of the service provided by Skrivanek as part of its business activity and regulated by these Regulations includes, but is not limited to, translation and interpreting services (ordinary and sworn translation, simultaneous and consecutive interpreting) and auxiliary services such as providing technical facilities for interpreting.
2. The scope of services ordered from Skrivanek, as well as the terms and conditions of performance, shall be determined in the Purchase Order submitted by the Ordering Party on a special form designed by Skrivanek.
1. The Parties shall agree upon the terms and conditions of an order in person, in writing or by means of remote communication (phone, fax, e-mail). Afterwards, Skrivanek shall include these particulars on the Purchase Order and send the same to the Ordering Party, who shall sign and promptly return the Purchase Order to Skrivanek.
2. The purchase order shall be considered to have been approved for processing when the Ordering Party signs and stamps Skrivanek’s Purchase Order and submits it to Skrivanek (in person, by fax or by electronic mail – scanned document).
3. Should the Ordering Party fail to satisfy the provisions of § 3 item 1 concerning the deadline when Skrivanek should receive the signed Purchase Order, Skrivanek may appoint another date by which the order should be completed.
4. The order is considered to have been completed by Skrivanek if it submits the translation / provides interpreting services to the Ordering Party by the appointed date as described in the Purchase Order, or if at the appointed date the subject of the Purchase Order is ready for collection by the Ordering Party.
5. The Ordering Party agrees to collect the translation within the time and in the way described in the Purchase Order and to pay the price agreed in due time.
6. Skrivanek shall complete the accepted Purchase Order with due diligence.
7. If Skrivanek is given any documents or materials to be translated and returned along with the translation, the Ordering Party shall acknowledge the return of the same by signing the relevant section of Skrivanek’s Purchase Order form.
8. The receipt of the translation, which will be equivalent to confirmation of acceptance, is acknowledged by:
8.1. signature of the Ordering Party on the Purchase Order or the bill
8.2. postage receipt for documents sent by regular or courier mail
8.3. e-mail sending notification (date and hour) for translations sent via electronic mail; or
8.4. report of correct facsimile transmission (date and hour) to the Ordering Party for documents sent by fax.
9. The acknowledgement of completion of other services rendered by Skrivanek may have the form of a written confirmation of service completion signed by the Ordering Party.
1. The price of the translation shall be determined by Skrivanek based on an estimated calculation of costs presented to the Ordering Party, who shall accept it by signing the Purchase Order.
2. Payment of the translation price shall be based on an invoice or bill issued by Skrivanek.
3. When the texts to be translated are meant for printing or publication and distribution, including advertising materials (leaflets, websites, brochures, labels, etc.), Skrivanek may in addition recommend any necessary, independent review by Skrivanek against remuneration of up to 100% of the translation price. The final price for the independent review shall be negotiated separately. Should Skrivanek fail to perform an independent review, Skrivanek’s liability for undue performance of the Purchase Order shall be limited to the value of such translation, with the exceptions as defined in § 5.
4. The Ordering Party shall be required to inform Skrivanek on the intended publication of texts to be translated not later than upon submission of the Purchase Order, or otherwise it will have no right to make any claims to Skrivanek if the Purchase Order has not been duly performed.
1. The translation is faulty if:
1.1. a) it was not made at the relevant professional level,
1.2. b) it was not submitted or was not ready for submission at the appointed date.
2. If it has been proven that the translation made is charged with any of the faults mentioned in 1, Skrivanek shall be required to remedy the same promptly by the date agreed upon with the Ordering Party.
3. If the faults mentioned in 1.1 cannot be remedied, the Ordering Party shall be entitled to demand a price reduction, however, not in excess of 25 % of the Purchase Order value. In case of significant faults, proved as such under the complaint procedure according to § 7, the Ordering Party shall be entitled to demand a contractual penalty of 50 % of the Purchase Order value.
4. Should the performance of the Purchase Order be delayed (see 1.2), the Ordering Party shall be entitled to charge Skrivanek with a contractual penalty of 2% of the price agreed for this translation per each day of delay; however, this contractual penalty must not exceed 25% of the value of the specific translation.
5. The Ordering Party understands and accepts that translations made in the express and super express mode may be handled by a group of translators and proofreaders, which may affect the uniformity of terminology.
6. The parties are not liable to each other for undue performance or non-performance of their obligations when the sole reason for this fact is force majeure. For the purposes of these Regulations, the following events are classified as force majeure: strikes, blockades, computer system failures, power system failures, terrorist attacks, epidemics or contagious diseases that make correct operation of the affected Party’s business significantly difficult. The Party affected by force majeure should immediately notify the occurrence and the preliminary estimated date of cessation of the same to the other Party.
1. The Ordering Party shall be required to report to Skrivanek in writing the faults in translations immediately upon discovery of the same; however, not later than within 14 successive calendar days from the date when the translation was accepted.
2. After the date mentioned in 1, all rights of the Ordering Party related to faulty translations shall expire.
1. Should any disputes arise between the Parties as regards faults in translation referred to in § 5, the Parties undertake to settle the dispute on amicable terms, based on an expert opinion presented by an independent arbiter appointed jointly by both Parties from the list of expert court translators at the District Court in Lublin.
2. The amount of contractual penalty following from provisions of § 5 item 3 shall be determined by the outcome of the arbiter’s evaluation.
3. The costs of the independent arbiter’s opinion shall be charged to the Party to the contract who is the losing party in the complaint proceedings.
1. The Ordering Party undertakes to make all arrangements concerning the Purchase Order exclusively with Skrivanek. The Ordering Party must not negotiate or make any arrangements concerning the provisions of the Purchase Order with third parties, and in particular with Skrivanek’s translator or subcontractor, etc.
2. Should the Ordering Party fail to observe the provisions of 1 above, it shall be required to pay contractual indemnity amounting to 50% of the translation price to Skrivanek.
3. Skrivanek shall be entitled to withdraw from processing of the Purchase Order, but it shall pay to the Ordering Party compensation equivalent to 25% of the price of translation it has given up.
4. The Ordering Party shall be entitled to withdraw the Purchase Order, but it shall pay to Skrivanek the following compensation:
4.1. For interpreting, both simultaneous and consecutive, the withdrawal:
4.1.1. 3 days in advance – 20% of the price
4.1.2. 2 days in advance – 30% of the price
4.1.3. 1 day in advance – 50% of the price
In addition to the above, the amount is payable equivalent to the actual cost relating to the services incurred by Skrivanek before the Ordering Party submitted a declaration of withdrawal, and in particular those costs relating to the rental of premises and equipment and remuneration for subcontractors. Before the Ordering Party submits a declaration of withdrawal, it should request Skrivanek to specify the total cost incurred as mentioned above. Failure to pay the compensation in full shall make the withdrawal ineffective.
4.2. For translation or sworn translation – the equivalent of the value of translation as of the date of notifying the translator on the cancellation of the Purchase Order, however, not less than 25% of the translation price.
Skrivanek undertakes not to disclose any information with which it was provided or which was made available by the Ordering Party to enable Skrivanek to perform the services correctly. Such information may be disclosed only to employees and subcontractors working directly on the specific order. Skrivanek declares that all translators involved in the translation of texts from the Ordering Party have concluded agreements with Skrivanek based on which they are required not to disclose any information received from the Ordering Parties in compliance with the quality assurance system ISO 9000:2001 implemented by Skrivanek.
1. Issues that are not regulated by these General Terms and Conditions of Partnership shall be subject to respective provisions of the Civil Code. Concurrently, the Parties agree to exclude all other rights of the Ordering Party by virtue of undue performance of non-performance of the Purchase Order except from those granted by these General Terms and Conditions of Partnership. The provisions of this paragraph shall not be applicable if the Ordering Party is a consumer according to the Civil Code.
2. These General Terms and Conditions of Partnership shall be binding for the Parties upon signature of the Purchase Order.
3. The General Terms and Conditions of Partnership may be modified exclusively in writing or otherwise they shall be null and void.
4. The General Terms and Conditions of Partnership issued by Skrivanek Sp. z o.o. have been in force since 10.10.2006.
home
- about us
- our clients
- translation
- interpreting
- conferences
- DTP services
- language courses
- international projects
- sitemap
