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1.2 These terms and conditions shall also apply to all agreements with the translator, the execution of which may require the involvement of third parties.
2.2 The contract shall take effect on the acceptance in writing by the principal of the quotation submitted by the translator, or - should no quotation have been submitted - by the confirmation in writing by the translator of a commission granted him by the principal. In the event of the translator being unable to examine the complete text within five working days before submitting his quotation he may however retract the cost estimate and lead times he has quoted after the principal has accepted the quotation. All quotations and fees stated shall be excluding VAT (BTW) unless it has clearly been agreed to be otherwise.
2.3 The translator may consider his principal to be the person who has commissioned the work, unless the said person has clearly stated that he is acting on behalf of, on the orders of and on the account of a third party and providing the name and address of the said third party are concurrently submitted to the translator.
3.2 In the event of a commission being withdrawn by the principal he shall be liable for payment of that part of the commission that has already been executed and for payment on the basis of a fee per hour for research that has been undertaken with respect to the remainder of the commission.
3.3 Should the translator have reserved time for the execution of the commission and not be able to use this time for other work, the principal shall pay the translator 50% of fee covering the portion of the commission that has not been executed.
4.2 The translator shall treat all information entrusted to him by the principal with the strictest confidence. The translator shall require his employees to observe the strictest confidence. Should an employee breach the said confidence, the translator shall not, however, be held liable if he can demonstrate that it was not in his power to prevent such disclosure.
4.3 Unless it has been expressly stipulated to the contrary, the translator shall be entitled to have the commission (partly) executed by a third party, without prejudice to his responsibility for the observance of confidentiality and for the quality of execution of the commission. The translator shall require the said third party to observe the strictest confidence.
4.4 On request, the principal shall provide the translator with information regarding the contents of the text to be translated, including documentation, reference material and terminology. Dispatch of the documents concerned shall be at the principal's risk and expense.
4.5 The translator shall not be held responsible for the accuracy of information supplied to him by the principal and shall on no account accept liability for damage of any kind if the translator has operated from inaccurate or incomplete information supplied to him by the principal, even if such information was supplied to him in good faith.
5.2 The principal shall indemnify the translator from any claim by a third party regarding alleged breach of rights of ownership, patent, authors' copyright or other intellectual property in connection with the execution of the commission.
7.2 Should the complaint be well-founded, the translator shall improve or replace the delivered work within a reasonable period of time, or - if the translator cannot reasonably comply with the request for improvement - agree to a reduction in the fee.
7.3 If the principal and the translator cannot reach agreement concerning the complaint within a reasonable period of time, the two parties may lay the complaint before the Disputes and Disciplinary Committee of the NGTV within two months after such situation has arisen. Settlement of the dispute shall in that case take place in accordance with the arbitration code of the NGTV.
7.4 The principal's right to make a claim shall cease if he has revised - or has caused to be revised - the work as delivered and has subsequently passed it on to a third party.
8.2 Should the translator be accountable for the delay in delivery, the principal shall be entitled - if it is unreasonable for him to wait any longer - to rescind the contract unilaterally. In this event the translator shall not be entitled to any compensation.
8.3 Delivery shall be considered to have taken place at the moment of delivery by hand, dispatch by normal postal service, fax, telex, courier, modem.
8.4 Delivery of documents via electronic post shall be considered to have taken place when the medium has confirmed the dispatch.
9.2 All sums shall be stated excluding value-added tax (BTW), unless it has been expressly stated to the contrary.
9.3 Accounts should be settled at the latest date 30 days after the date of the invoice in the currency in which the invoice is drawn up. Should the payment not be made within the period specified, the principal shall immediately, without further notification, be in default, in which case the principal shall be liable for the statutory interest from the date of default to the moment of full settlement.
9.4 In the event of extrajudicial collection, collecting rates of 15% over the first EUR 2,269.45 of the capital sum plus interest shall be levied and a rate of 10% over the remainder, with a minimum collection charge of EUR 68.08.
10.2 Ambiguity in the text to be translated indemnifies the translator from any liability.
10.3 Judgment as to whether the text to be translated, or the translated text, contains certain risks of bodily harm or injury shall be the sole responsibility and liability of the principal.
10.4 The translator shall not be held responsible for damage to or the loss of documents, information or information carriers placed at his disposal for the purpose of executing the commission. Nor shall the translator be held liable for damage arising from the use of information technology or modern means of telecommunication.
10.5 The translator's liability shall be limited to a maximum of EUR 45,389 in each case. 10.6 The principal shall be bound to indemnify the translator from all claims from third parties arising from the utilization of the work delivered, excepting the liability of the translator that may exist on the grounds of the provisions of this article.
11.2 During the period covered by force majeure the translator's commitments shall be suspended. Should the period within which force majeure prevents the translator from meeting his commitments exceed two months, either party shall be empowered to rescind the agreement; no obligation of indemnity shall in such case arise. If the principal is the consumer the empowerment to rescind shall only apply in so far as such empowerment is enforceable by law.
11.3 If, at the time of the commencement of force majeure the translator has partially met his commitments, or can only partially meet his commitments, the translator shall be entitled to draw up a separate invoice covering the work executed and the principal shall be bound to pay the said invoice as though it applied to a separate agreement.
12.2 Any dispute shall be subject to the judgment of the officially appointed Netherlands judge.
13.2 The Netherlands Society of Interpreters and Translators (Nederlands Genootschap van Tolken en Vertalers [NGTV] ) is registered in the Register of Societies at the Amsterdam Chamber of Commerce under number 405 16076.