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General Terms
General terms of the contracts concluded with PHU Translator s.c., ul. Matejki 17 / 8, 44-100 Gliwice, Poland
These General Terms of contracts concluded with PHU Translator s.c. W. i J. Kozioł, 44-100 Gliwice, Matejki 17/8 (called from time to time "Contractor") constitute an inseparable part of each contract for rendering services and selling products by PHU Translator s.c. PHU Translator s.c. acts on the basis of the entry to the economic record No I/1452/89, dated 08.01.1976, issued by the President of Gliwice, Regon (Statistics No): 271003563, VAT No: PL 6312255523. Order acceptance . An order submitted to Contractor personally as a hard copy, sent by post/e-mail/internet/fax or by courier such as Pocztex, DHL, Servisco, FedEx or other ones, as electronic media, 3.5" floppy disc, CD-ROM, ZIP drive, FlashDisk or other drives constitute the basis to accept an order. Confirmation of the order acceptance. Acceptance of an order is legally binding only if this fact is confirmed in the written form by any of the Agent's representatives. Such a confirmation must contain a date, employee's signature and the stamp of the Agent. In case of a transmission by e-mail - the printout of the correspondence and enclosures constitutes the confirmation. PHU "Translator" s.c. shall confirm acceptance of the order and shall determine and agree with a customer the date of performance, the mode (regular, urgent, express or super-express one), the way how translations are to be saved, if translations or other products are to be printed and how, and how customers shall collect products (personally, by internet, post, courier, etc.). Advance. Before the order execution is to be commenced the Customer of the PHU "Translator" s.c. is obliged to pay an advance money in cash or to bank account in the amount of 30-40% of the contract value. In case of the bank transfer the Customer is obliged to send by fax or e-mail or submit personally the advance payment confirmation at the PHU "Translator"s.c. office. The order execution starts while advance payment confirmation is submitted at the PHU "Translator"s.c. main office. In case of the Customer's resignation from services or purchase of a product, the Customer is obliged to complement the payment for all the works and products the value of which exceeds the value of the advance. Contract. In case of orders the value of which is greater than 3 000.00 EU gross the parties are obliged to sign a contract. If the single order value exceeds 10 000.00 EU the customer is obliged to cover the whole of this order by means of the irrevocable letter of credit submitted at the PHU "Translator" s.c. bank and on behalf of PHU "Translator" s.c. Special provisions of the contract accompanying this order determine the way in which PHU "Translator" s.c. can use this letter of credit (L/C). Orders' evaluation. The PHU "Translator" s.c. agreed prices, according to the price list binding on the day of contract signing, constitute the basis for the orders' evaluation. The change of the PHU "Translator" s.c. price list will have no influence on the value of the contract signed before, unless stated otherwise in the contract. In case of translations services, the target language constitutes the basis for settlement whereas MS Word statistics is used to calculate number of pages. In case of the Advertisement Agency - the unit price of a product, goods, board, design etc. specified in the contract or in any other binding way constitutes a basis for the settlement. VAT Invoices. PHU Translator s.c. issues VAT invoices. It is possible to correct an invoice, but exclusively by means of the corrective invoice. Payment. The date of payment confirmed by bank statement of the bank in which PHU "Translator" s.c. has its account is the proper date deciding about the fact whether the payment was realised on time or not. The time limit of claimability of the payment is the last day on which the money shall come into the account without the interest for the delay. Interest. If the invoices for the rendered services or sold products are not paid on time the legal interest on the arrears will be calculated automatically. The parties may agree differently on the value of the penalty interest. The right of retention. The services, goods or products belong to PHU Translator s.c. until they are paid for. Contract severability. If any of the contract provisions is changed with the mutual agreement of both parties and remains contradictory with any other clause of the contract - the remaining contract provisions are binding without any changes as if the controversial provision did not occur. Act of God. The Purchasing Party can not claim any damages in case of the Act of God (Vis Major) that hinders the execution of the order on time, especially the outbreak of a war, revolution, riots, strikes, natural calamities such as floods, fires, earthquakes, hurricanes, lightening strikes, unexpected power supply failures, epidemics, diseases, owner's death, sudden change of the state or local regulations concerning the Contractor's economic activity or any other hindrances constituting an essential and confirmed obstacle in the prompt execution of the order. However, if any of the above mentioned obstacles stops to exist to the extent that is necessary for the Contractor to resume his duties interrupted by the Act of God, the Contractor will immediately resume his activities realising the orders in accordance with the standard and mode determined by the contract. Discontinuance of order execution. The Purchasing Party cannot claim for the execution of the order in the cases as follows: if the duration of the contract has passed or the contract was broken, or terminated by one of the parties The Purchasing Party became insolvent, has not met its financial commitments for more than 1 month, or its owner or the Management Board has changed The Act of God occurred that made the acceptance and execution of the order impossible still before the service had been accepted. The Contractor did not receive the shipment for the reasons neither the Contractor nor the Purchasing Party is responsible for, or the shipment reception was not confirmed or it was wrongly delivered or lost, or one of the cases of the Act of God occurred. The Purchasing Party cannot demand the services to be rendered during official Polish days off or holidays and during the break in the activity or the holiday period the Purchasing Party was informed about at least 2 weeks before and this fact was confirmed and accepted by him Terms of payment. Dues shall be settled in accordance with the invoices issued by the Contractor paid in cash at the PHU Translator cash-desk or to bank account: Bank Pekao S.A. O/Gliwice: No 55 1240 4272 1111 0000 4839 3892 Quality bond. The Contractor guarantees a good and professional quality of the translations and their correctness in respect of language and style. The Contractor also guarantees a faithful, however, not word for word translation of the supplied materials. The Contractor is not responsible for matter-of-fact and essential errors in the text of the original; however the translator will make comments on all the noticed clear errors and mistakes in the translator's notes. In case of some linguistic errors in the text of the original - the Contractor is obliged to correct such errors in the translation informing the Purchasing Party about it. If the amount of the linguistic errors exceeds, in the opinion of the Contractor , acceptable limits, the Contractor reserves the right to refuse the execution of such a translation, without any right for claims on the part of the Purchasing Party and informing the Purchasing Party by means of the protocol giving examples of such errors with the right of the Contractor, however, to charge the Purchasing Party for the work done till the moment of the justified protest. In case of justified complaints or errors in the translation the Contractor is obliged to correct them at its own expense as soon as possible. Confidentality clause. The Contractor guarantees that the content of the ordered translations will be kept secret. The translators sign a confidentiality and business secret commitment and at the same time they are obliged not to reveal any information from the translations ordered by the Purchasing Party, to any third party. Contract termination. Each party can terminate the contract with the notice period of at least 1 month, unless agreed otherwise. Each Party has a right to terminate the contract in case of the substantial breach of the contract terms. If the contract is terminated by the Purchasing Party, the Purchasing Party will incur the costs of the service rendered till the moment of the contract termination, except such cases in which the Contractor, according to the contract, has already made some preparations to fulfil the contract conditions (for example he bought some goods, materials, technologies, patents etc.). In case of translations the original of the translation and the started translation will be handed over to Purchasing Party after the completion of the settlements of accounts and the payment of the due charge. Disputes, Court Competence. The parties will try to solve the problems in an amicable way. Polish law shall be the governing law and the District Court in Gliwice, Poland, shall be the competent court to govern disputes. In case of disputes the Commercial Code and the Civil Code is in force for references for both parties. The disputes will be solved by the District Court in Gliwice, Poland. On behalf of PHU Translator s.c. W. i J. Kozioł The Management Board: Jan Kozioł (M.Sc. Eng.) Wioletta Kozioł (Accountancy Dpt.)

General Terms