Translations

Commercial Terms of the Translation Agency Skrivanek Baltic SIA,

Part I

Basic Provisions

1.       These regulations are an indivisible part of the Agreement between Customer and Contractor.

2.       An agreement between Customer and Contractor originates on the basis of a written order, inclusive of e-mail, and an electronic order form (hereinafter in the text: Order Form).

3.       If the Contractor does not declare that some conditions mentioned in the order are not acceptable to it within six (6) Contractor working hours from receiving the Order Form, those relations determined in the order form are considered to be established between the Agreement Parties.

4.       If the Contractor, within the term specified in article 3 of part 1, notifies that it does not accept some conditions, contractual relations are not established until the time, when the disputed conditions are resolved.

5.       Legal relations between Customer and Contractor are also established when the Customer accepts the Contractor’s offers on changes in the order form. All amendments to the Agreement and its Appendices are provided in writing.

6.       The Agreement provisions can be amended only, when both parties agree about that in writing.

Part II

Subject of Execution

Subject of execution is providing such services, which are types of Contractor’s business activities, especially executing translations and interpreting (hereinafter in the text: Order), in conformity with terms mentioned in Order Form and herewith.

Part III

Translations

1. General Provisions

1.1.   Contractor shall, in conformity with provisions of part 1, execute Order in the specified language and the determined time period, later handing it over to Customer in the agreed form.

1.2.   Customer, in conformity with article 2 of part 5, shall accept the executed Order and pay to Contractor the agreed price.

2. Order Delivery Term

2.1.   Customer is liable to take over Order on Order Form at the determined time and way.

2.2   Customer or its authorized employee is liable to confirm acceptance of Order by phone or in writing (also by e-mail), indicating that it is received timely.

2.3   3 If Customer does not execute the liability specified in article 2.2 of this part and within 24 hours since the term of Order delivery does not remind about Order by phone or in writing (inclusive of e-mail), Contractor can conclude that Customer has received Order timely and has no objections with regards to the terms and conditions of the Order.

2.4   The Order delivery is not delayed, if Contractor, on the basis of Customer’s reminder, delivers Order repeatedly to it and confirms that Order was delivered before as well.

2.5   If Contractor delays the Order delivery with no justified reason, the Parties agree about a discount, which cannot be less than 10%. The discount depends on duration of delay.

2.6   In case, due to justified reasons, the ready translation cannot be delivered in the previously agreed way, Customer shall choose another way of delivery, covering all expenses for this. Customer is warned about this circumstance beforehand.

2.7   If Customer does not submit a claim within the determined term and with no justified reason, which is acceptable to both parties or refuses to accept the properly performed Order, the Order is considered to be executed and Contractor is authorized to issue an invoice, which Customer is liable to pay up.

3. Rights and Liabilities of the Parties

3.1.   The Customer is liable to disclose to the Contractor the purposes for which the Order shall be used.

3.2.   If the purpose of the Order is not disclosed to the Contractor, a possible claim proceeding from this reason shall not be considered. If Order is used for printing work, the Order Form shall bear an indication about text translation intended for printing work.

3.3.   If the text, which is the Order’s subject, contains industry terms and other special terms, abbreviations, etc., and if Customer has a list of terminology available, Customer is liable to provide Contractor with the list of the terms in the required language or to provide Contractor with other auxiliary materials, or to appoint a responsible person, who shall provide the required consultations. If it is not done, possible claims on terminology shall not be taken into consideration.

3.4.   If Contractor, in conformity with article 2.3 of part 3, receives a reminder on Order, it is liable to immediately forward the Order.

3.5.   Customer is liable to inform Contractor on all circumstances, which could influence its liability to pay for Order.

3.6.   Contractor is not responsible for possible consequences with regards to violation of author’s rights.

3.7.   Contractor shall keep secret all information related to the Order subject, as well as shall consider all materials provided to it by Customer to be strictly confidential.

4. Claim

4.1.   The Contractor’s Order has defects, in case it is not executed in conformity with Order Form.

4.2.   The Contractor’s Order has defects also in cases, when it is not executed with appropriate grammatical, statistical or semantic quality.

4.3.   If defects indicated in articles 4.1 and 4.2 of part 3 are not stated, Order is considered to be executed appropriately and in conformity with requirements of Customer.

4.4.   Claims shall be accepted in writing (inclusive of e-mail). A written claim shall have the reason indicated and the defect type described and, if possible, also the number of defects.

4.5.   If Contractor acknowledges the Customer’s claim to be justified, it shall perform the required corrections. In this case Customer has the right for discount off the order price up to 10%.

4.6.   If Contractor acknowledges the Customer’s claim to be justified, but the claim does not refer to defects mentioned in article 4.2 of part 3, or also in case the Customer rejects the offered correction, the Customer is awarded the corresponding discount off the Order price.

4.7.   The discount amount is determined by a specialist or both Parties, having mutually agreed.

4.8.   In case a dispute arises between the Agreement Parties due to the legitimacy of a timely submitted claim of Customer on the responsibility for defects, as mentioned in article 4.2 of part 3, both Parties shall initially undertake to solve this dispute outside the court competence, having chosen resolution by a competent independent specialist. Both Parties shall agree about the specialist and choose him from the list of sworn translators at a corresponding notary.

4.9.   The discount amount shall depend on statement of the specialist or agreement of both Parties

4.10.   Contractor is responsible for possible losses caused by defects of the performed Order. Losses can be compensated within the amount of the Order price. In all other issues, not stipulated by these Regulations, as well as in cases, when LR Law on Protecting Consumers Rights or other efficient LR regulatory acts determine otherwise, Parties shall proceed from the corresponding LR legislation provisions currently in force.

5. Term for Implementing Claims

5.1.   Claims with regards to responsibility for defects lose their force, if they are put forward too late.

5.2.   . In case of commercial translations, i.e. if Customer is a legal entity, Customer is liable to put forward claims to Contractor for defects without unnecessary delay, as soon as they are noticed, however, not later than 21 days from receiving the executed Order.

5.3.   In case Customer is a physical entity, it, in conformity with the Law on Protecting Consumers Rights, has rights to put forward a claim to a manufacturer, seller or service provider for noncompliance of goods or services to the law requirements in the order determined by regulatory acts.

5.4.   When the term specified in articles 5.2 and 5.3 of this part expires, it is too late to put forward claims.

Part IV

Interpreting

1. General Provisions

1.1.   Contractor, after executing terms mentioned in part 1, shall execute the agreed Order (interpreting) in the determined language, time and place.

1.2.   Customer shall accept and pay to Contractor the price for interpreting.

1.3.   Contractor shall provide interpreting with the help of an interpreter.

2. Interpreting Term

2.1.   Customer is liable to accept the interpreting in such a term and way, as indicated in Order Form.

2.2.   . If interpreting is performed in compliance with requirements and in a timely fashion, and if Customer has no objections to it, the Customer or their authorized employee is liable to confirm in writing using the performance act form that the interpreting was done properly and timely, as soon as the interpreting is provided.

2.3.   If the Customer refuses to accept the properly performed interpreting without putting forward a claim and without a justified reason which is acceptable to both Parties, the Order is considered to be executed and Contractor is authorized to issue an invoice, which Customer is liable to pay up.

3. Customer is liable to disclose to Contractor aims, for which interpreting shall be used.

3.1.   If Contractor has not disclosed the Order’s aim, a possible claim proceeding from this reason shall not be considered.

3.2.   Customer shall at least three days prior to the interpreting forward to Contractor basic materials (for instance, a protocol of the previous meeting, a presentation or other written materials). If it is not done, no possible claims for terminology shall be considered.

3.3.   Customer is liable to inform Contractor on all circumstances, which could influence its liability to pay for Order.

3.4.   Customer is liable to inform Contractor on all circumstances, which could influence its liability to pay for Order.

3.5.   Contractor is not responsible for possible consequences with regards to violation of author’s rights.

3.6.   Contractor shall keep in secret all information related to the interpreting subject, as well as shall consider all materials provided to it by Customer to be strictly confidential.

3.7.   Customer has no right to require from the interpreter to perform other activities, not indicated in Order Form, for instance, written translation, taking minutes of the meeting, guide services.

3.8.   Contractor has right to require payment for all the agreed time, even in case Customer has not used it in full.

3.9.   Customer is liable to secure environment for the determined interpreting type, inclusive technical equipment, if it is not ordered from Contractor.

4. Expenditures for Transportation, Lodging and Meals

4.1.   Customer is liable to secure traveling of the interpreter from the agreed place to the place, where the interpreting shall be executed.

4.2.   In case the interpreter uses his own transport, Customer, having bilaterally agreed it with Contractor, shall cover all travelling expenses of the interpreter.

4.3.   Customer shall secure lodging for the interpreter – a comfortable single room.

4.4.   Customer is liable to secure the interpreter with lunch and intervals for rest, at least 30 minutes long after four interpreting hours.

4.5.   The interpreting day has eight (8) hours, including intervals.

4.6.   Customer has rights for compensation for the time, when the interpreter is late.

5. Claim

5.1.   Interpreting has defects, if it is not executed in conformity with Order Form.

5.2.   A claim shall be accepted in writing (inclusive of e-mail). A written claim shall have the reason indicated and the defect type described and, if possible, supplementing evidences are to be added.

5.3.   If Contractor acknowledges the Customer’s claim to be justified, Customer is awarded a corresponding discount.

5.4.   In case a dispute arises between the Agreement parties due to legitimacy of the timely submitted claim of Customer on responsibility for defects, both Parties shall initially undertake to solve this dispute outside the court competence, having chosen resolution by a competent independent specialist. Both Parties shall agree about the specialist and choose him from the list of sworn translators at a corresponding notary.

5.5.   The discount amount is determined by a specialist or both Parties, having mutually agreed it..

5.6.   Contractor is responsible for possible losses caused by defects of the performed Order. In all other issues, not stipulated by these Regulations, as well as in cases, when efficient Latvian legislative acts determine otherwise, Parties shall proceed from the corresponding Latvian legislation provisions currently in force.

6. Term for Implementing Claims

6.1.   Claims with regards to responsibility for defects lose their force, if they are put forward too late.

6.2.   IIn case of commercial translations, i.e. if Customer is a legal entity, Customer is liable to put forward claims to Contractor for defects without unnecessary delay, as soon as they are noticed, however, not later than 21 days from receiving the executed Order.

6.3.   In case Customer is a physical entity, it, in conformity with the Law on Protecting Consumers Rights, has rights to put forward a claim to a manufacturer, seller or service provider for noncompliance of goods or services to the law requirements in the order determined by regulatory acts.

Part V

Order Price

1.       Basis for estimating the Order price is the currently valid price list of Contractor and the way of calculating the price indicated there.

2.       If the approximate Order price proceeds only from approximate amount of units, the price is estimated by calculating the real units (in the translation target language) after executing the translation.

3.       All prices indicated in the price list are in lats (LVL) and exclusive VAT. In case, due to different circumstances, prices for services change in the process of performing Order, Contractor is liable to inform Customer about it at least one calendar month in advance.

Part VI

Payment

1.       Contractor has rights to issue an invoice as soon as Order is performed, in conformity with Order Form.

2.       Basis for paying up Order is Invoice, which is issued by Contractor and which Customer is liable to pay up by the date indicated in it.

3.       In case the payment term is extended, Customer is liable to pay a penalty of 0.05% of the amount due per each day of delay.

4.       In the case of a late payment from the Customer the payment is first debited from the penalty, and any remainder is then transferred to the repayment of the respective debt.

5.       If both parties agree, Contractor can issue to Customer a deposit payment invoice for 50 % of the Agreement amount. The deposit payment invoice shall be paid up at the time indicated there.

Part VII

Cancellation of the Agreement, Indemnifying Losses

1.       Each Party has rights to cancel the Agreement, in case upon concluding the Agreement force majeure obstacles occur, which delay performance of liabilities.

2.       The Agreement Party shall orally notify the other Party about the Agreement cancellation.

3.       In case the Agreement is cancelled by Customer, it is liable to pay to Contractor for the already executed work volume.

4       Contractor is not responsible to Customer for losses, which can occur to it due to not executing the concluded Agreement, if it happens due to such unforeseen and unavoidable reasons, which Contractor could neither foresee nor eliminate.

5.       If the translation text is used for printing work or is otherwise distributed, Customer is liable to inform Contractor about it. If Customer does not indicate to Contractor that the translated texts are determined for printing work, Customer cannot submit claims with regards to indemnifying losses, which occur due to errors in the translated text.

Part VIII

Special Provisions

1.       Customer shall not contact the translator or interpreter without consent of Contractor.

2.       If Contractor agrees to Customer contacting the translator or interpreter, Customer shall not disclose information with regards to the transaction and agreement between Customer and Contractor

3.       Customer shall inform Contractor on each new agreement with the translator or interpreter. In case regulations of articles 1, 2 and 3 of this part are violated, Customer is liable to pay to Contractor a penalty determined by the Agreement.

Part IX

Final Provisions

1.       All disputes and discrepancies, which occur between the Parties with regards to performing the Agreement, shall be solved by the Parties through negotiations in conformity with these Regulations, but, if it is impossible, any dispute, discrepancy or claim proceeding from the Agreement that touch upon its violation, termination or invalidation shall be solved at the International Commercial Arbitrage Court in compliance with the Arbitrage regulations, at the written process, by one judge, and on condition that, in case the defendant does not submit a reference to the claim, it is considered to acknowledge the claim.

2.       These Terms are binding for both Parties.

3.       The Terms are considered to be the ones of Translation Agency Skrivanek Baltic (SIA Skrivanek Baltic), Reg. No. 40003626172, registered office: 57a – 1 Dzirnavu Street, Riga, LV-1010, and they are an appendix and an indivisible part of every Contractor’s service Order and Agreement, irrespective of the Order type.

Aiga Veckalne
Manager of the Translation Agency Skrivanek Baltic SIA