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GENERAL TERMS AND CONDITIONS Martine De Bruyn Translations bv

1. General Clause.

The translator’s general terms and conditions take precedence over those of the client, and unless otherwise specified and well-defined, the client waives their own general terms and conditions.

2. Delivery Conditions.

The delivery period agreed upon in writing with the client commences upon receipt of the source text and the final translation assignment.

3. 3. Liability

A. Of the translator.

The translator shall not be held liable if the aforementioned delay in the execution of the work is due to illness, accident, temporary incapacity for work, or force majeure in general. The translator must, however, notify their client within a reasonable period.

B. Of the client.

The client shall provide the translator, before or during the execution of the agreement, with all information necessary for the proper execution of the requested services.

4. Complaints: Submission Deadline and Justification

On pain of nullity, any complaint must be communicated by registered letter within 8 days from the date of delivery of the translation. Any invoice that is not contested within 8 days is deemed accepted. A complaint does not interrupt the payment term. Complaints or disputes regarding the non-conformity of the translation, made within the contractual term, must be thoroughly substantiated with dictionaries, glossaries, and equivalent text material written by competent native speakers. Any necessary subsequent corrections will be carried out for the client within a reasonable period, free of charge, without the client being entitled to compensation. If, after examination of the complaint by the translator, disputes regarding the quality of the translation persist, either the translator or the client can submit them to the Arbitration Committee of the Belgian Chamber of Translators and Interpreters (BKVT). One of the parties must be a member of the BKVT. The Arbitration Committee only rules on the conformity of the translation with the source text.

5. Cancellation of the Translation Assignment

In the event of unilateral cancellation of the translation assignment by the client, the client shall be liable for compensation. The compensation shall comprise the actual translation work performed and the preceding terminological research. The calculation basis for this shall refer to the applicable rates of the BKVT, which are available at the registered office. Additionally, the translator may demand a termination fee for breach of contract, equal to 20% of the invoice amount.

Capacity of the Client

The client is assumed to act in the capacity of the author of the text to be translated and expressly authorizes its translation, in accordance with Article 12 of the Copyright Act of 22.3.1986.

7. 7. Acceptance and Confirmation of the Translation Assignment

The client enables the translator to assess the level of difficulty of the text to be translated. An assignment offered by phone and accepted by the translator will always be immediately confirmed in writing by the translator, indicating the agreed-upon rate and the agreed-upon delivery period. A copy of the translator’s general terms and conditions will accompany the written confirmation. Upon receipt of the assignment confirmation, the client will sign it and return it to the translator within 24 hours to confirm agreement.

8. Payment

The translator’s invoices are exclusively payable thirty (30) days from the invoice date, net, without discount. In case of full or partial non-payment of the amount due on the due date, without valid reason, after a futile formal notice, the outstanding balance shall be increased by 12% per year, with a minimum of 50 EUR and a maximum of 1,500 EUR, even in the case of granted grace periods. The place of payment is the registered office of the translator.

9. 9. Competent Court

For all disputes between the translator and the client, the court of Mechelen shall have jurisdiction. These present general terms and conditions are exclusively governed by Belgian law.

10. 10. Arbitration

If the translator and the client are unable to resolve a complaint amicably, both parties or either party can submit the complaint to the Arbitration Committee of the Belgian Chamber of Translators and Interpreters (BKVT). One of the parties must be a member of the BKVT. The Arbitration Committee only rules on the conformity of the translation with the source text.

11. Professional Secrecy and Ethics

The translator is bound by professional secrecy. This implies confidentiality regarding the client’s identity, the content of the source text, and the translation itself. As a member of the Belgian Chamber of Translators and Interpreters (BKVT), the translator commits to consistently delivering translation work of good quality.