General terms and conditions

as of 04 October 2022

When Exacta översättningar AB (Exacta) receives an assignment from a person, legal or natural (the Customer), an agreement is concluded pursuant to the following terms of delivery, unless otherwise agreed.

 

1. General

1.1       In this agreement “translation” means translation services or other services within the scope of Exacta’s business area, such as language review, editing, proofreading, or other ancillary services.

1.2       Exacta reserves the right to use contracted subcontractors at its sole discretion in order to best meet the Customer’s wishes, unless otherwise expressly agreed with the Customer. Exacta is responsible for the work of subconsultants and subcontractors as for Exacta’s own work. Exacta is under no obligation to disclose the name or contact details of the subconsultant to the Customer.  Exacta will, however, make every effort, taking account of the required delivery deadline, the content of the text, the Customer’s preferences and other circumstances which influence the choice of subconsultant, to ensure the maximum possible continuity in the choice.

 

2.        Purpose

2.1       When placing an order, the Customer will provide, fully and clearly, the information necessary for the correct fulfilment of the assignment (language version, deadline, purpose, target group(s), application and required language service).

2.2       If the customer wishes to use the translation for purposes other than those stated when ordering, Exacta must be informed accordingly.

2.3       If the customer uses a translation for a purpose other than that stated at the time of ordering, Exacta is not responsible for the delivered text.

2.4       Exacta reserves the right to charge the customer for adapting a translation for a new purpose pursuant to point 2.2.

2.5       If the customer is unable to specify the application of the translation pursuant to point 2.1, or if Exacta is unable to obtain this information from the customer, Exacta will carry out the translation as it deems most appropriate.

 

3. Price and payment

3.1       The price of the translation is determined in accordance with Exacta’s applicable rates, unless otherwise agreed.

3.2       An offer is not considered binding unless the customer has provided the full material to be translated to Exacta, indicating the purpose and, if desired, any ancillary services.

3.3       Special requests made by the customer, such as courier, legalisation, notarisation, etc. will be charged at the actual cost incurred by Exacta plus a service fee.

3.4       Exacta reserves the right to adjust its pricing if warranted by special requests from the customer.

3.5       Exacta reserves the right to bill the customer for additional work arising as a result of the customer ordering additions and/or changes to the original text, even if Exacta knew at the time of ordering that such additions/changes would occur.

3.6       The customer is entitled to cancel, pause, or postpone assignments but is liable to pay for the part of the assignment already completed and any other costs incurred by Exacta in connection with the assignment.

3.7       Exacta reserves the right to adjust the price quoted in accordance with changes in the exchange rate.

3.8       Payment terms – 15 days after the date of the invoice or as agreed. In the event of delayed payment, a reminder fee is payable, along with interest on overdue payments in accordance with the Swedish Interest Act (1975:635). In the event that no payment is made despite reminders, the claim will be passed on for collection.

3.9       The Customer is responsible for ensuring that Exacta is informed, during the ordering process and no later than on delivery, of any purchase order number which is to be included on the invoice. If the Customer has not informed Exacta of a purchase order number by the delivery date, Exacta reserves the right to invoice the work without purchase order number.

3.10       The Customer is responsible for specifying the company’s corporate ID number and invoicing address with the order. If, after the invoice has been sent, the Customer wishes the invoice to be sent to another company or another invoice address than stated on the project confirmation, the Customer will be charged a fee for this.  Exacta reserves the right not to redirect the invoice to another company if that company is not regarded as being creditworthy.

3.11       Value-added tax will be added to all prices except where the Customer is VAT-exempt, and can substantiate this.

3.12       If payment is delayed, Exacta reserves the right to retain assignments ordered but not delivered without any penalty for Exacta in respect of the delayed delivery.

3.13       Any objections to an invoice must be received by Exacta within 8 days.

 

4.        Delivery time

4.1       Exacta will make every reasonable effort to deliver at the time agreed.

4.2       If Exacta finds that the agreed delivery time will not be met, Exacta will inform the customer as soon as possible. If the customer does not cancel the assignment in connection with this, the assignment shall be completed within a reasonable time or at another time as agreed with the customer. If the customer chooses to cancel the assignment, the customer is entitled to use the unfinished translation once payment has been made. In this case, however, Exacta is not responsible for the delivered text.

4.3       Exacta’s liability for delays is limited to a reduction of the purchase price. Beyond this, Exacta accepts no liability for delays or for direct or indirect losses.

4.4       Exacta is not liable for any delay arising as a result of the malfunction of computer equipment, the Internet, telephone lines, computer software, or other technical aids.

 

5.        Complaints, liability, and disputes

5.1       The Customer undertakes to assist Exacta as far as possible with information and to answer questions in respect of technical terminology and any ambiguities in the texts to be translated.

5.2       Exacta guarantees that the final product will meet the standard of quality required for the specified purpose, and that the agreed delivery deadline will be met. If the quality of the product deviates from that agreed between the Customer and Exacta, the Customer or the Customer’s representative must clearly identify the deficiencies in the product.  If the Customer cannot accept the divergence in quality, Exacta shall rectify obvious deficiencies without delay and without additional charge.  Spelling/typing errors, grammatical errors and translation errors are counted as obvious deficiencies.  If the translation is suspected of containing deficiencies in style or terminology, Exacta urges the Customer to contact Exacta as soon as possible to discuss appropriate action.

5.3       Any complaints must be received by Exacta översättningar AB within 15 days of delivery. For large assignments (in excess of 100,000 words), complaints must be received within a reasonable time after delivery.

5.4       Exacta reserves the right to first rectify any errors in the service provided, and it is only after this that deductions will be considered.

5.5       Exacta’s liability for errors or delays is limited to a reduction of the purchase price. Beyond this, Exacta accepts no liability for errors or for direct or indirect losses.

5.6       This agreement shall be interpreted in accordance with Swedish law.

5.7       Disputes between Exacta and the customer shall be settled by a Swedish court of general jurisdiction.

 

6.        Force majeure

6.1       In the event of force majeure, the customer will be informed immediately and will be given an account of the circumstances. Force majeure entitles both Exacta and the customer to terminate the agreement if the circumstances do not end within a reasonable period of time. Exacta is, however, entitled to reasonable remuneration for work already completed. In the event of force majeure, Exacta shall make every reasonable effort to assist the customer and limit any damage or loss.

6.2       Force majeure includes any situation which is considered to be beyond Exacta’s control, such as strike, lockout, other labour conflict, riot, natural disaster, war or declaration of war, pandemics etc., which may affect Exacta’s ability to deliver.

 

7.        Confidentiality

7.1       All employees and subcontractors of Exacta översättningar AB undertake not to disclose the contents of assignments to third parties.

7.2       Exacta will not use the Customer’s name or assignment for marketing purposes without first obtaining the Customer’s approval in writing.

7.3       Exacta reserves the right, but is under no obligation, to save copies of work carried out as reference material for any future assignments which the Customer may order.