By engaging JPL-Sprachenservice GmbH to perform a job, the Client is deemed to have accepted the following General Terms and Conditions of Business, irrespective of any other general terms and conditions of the Client, including such as generally diverge from or conflict with these General Terms and Conditions of Business, and the Client is deemed to have expressly waived such other terms and conditions in advance and without reservation.
1. Unless, at the time the order was placed with us, we have expressly agreed to and accepted terms providing otherwise, Clients shall be required to settle our invoices within 14 days of receipt thereof.
2. A client's failure to settle an invoice shall give rise to a contractual claim on our part (which we shall be entitled to pursue by legal action) for statutory interest and any costs we may incur because our receivables have remained outstanding, such costs being at least 15% of the amount of the primary claim/invoiced amount, with it being understood that the client shall remain entitled to furnish evidence that we have not incurred losses of this amount.
3. Unless otherwise agreed, translations undertaken for private individuals shall be either collected in person and paid for in cash immediately upon receipt or they shall be sent to the Client at such time as we receive payment for them.
4. Warranty claims regarding the quality of translation jobs performed by us or regarding timeliness of delivery thereof shall only be deemed admissible if made within a 14-day period from the time of delivery, it being understood that consideration can only be given to the date of dispatch of the claim where such communication was transmitted by recorded delivery (return receipt requested).
5. Where an order is cancelled, we shall invoice the Client for costs in the amount of the job order. Excepted from the foregoing are translation jobs with respect to which JPL-Sprachenservice GmbH is shown to have had significantly lower costs as a result of early cancellation.
6. The contractual relationship and further transactions between JPL-Sprachenservice GmbH and the Client are deemed to be governed exclusively by German law, excluding application of the CISG. To the extent permitted by law, jurisdiction and venue for all disputes shall lie exclusively with the courts with jurisdiction over the headquarters of JPL-Sprachenservice GmbH in Hamburg, Germany; the foregoing choice of forum clause shall be deemed binding on both parties hereto.