Effective as of 23th of March, 2020
Berba offers explicit guarantees on quality and delivery dates.
Berba shall, as far as possible, comply with agreed delivery deadlines, subject to cases where Berba awaits input / material. If no timetable has been agreed, the assignment shall be performed at the rate which, in addition, is considered reasonable by the scope of the assignment. For products where the service is to be delivered within a certain time interval, e.g. Within 30 minutes, the time interval is counted only from the time Berba has received the document in the correct and final format.
If you are not satisfied with a job, we will provide another version as quickly as possible at our expense. If the second version is still unacceptable, you shall have the right to a partial or total reimbursement. The conditions and procedure for contesting a job are described below.
If the delivery late and the amount of the delay expressed in business days is more than one-third of the translation’s total time budget expressed in business days(i.e.33% late), and if the delay is directly and only the fault of Berba, we shall reimburse up to 100% of the cost of the job.
General Sales Conditions
These general sales conditions apply to all jobs carried out by Berba for its clients.
All translation requests must be accompanied by an order including the price established by the parties. This order must be sent to us by regular mail, email or fax; we reserve the right to refuse to start a job without an order.
Technical documents shall be accompanied by reference documents supplied by the client and/or drawings or diagrams that provide a better understanding of such documents.
The cost of a translation shall be calculated using a count of words in the source language, unless otherwise previously established in writing.
In the event that a client cancels an order, all work already effected shall be billed at 100%, while work which is suspended shall be billed at 50%.
Unless otherwise specified, all invoices must be paid within five working days from the date they are issued.
Any late payment or failure to pay shall be cause for immediate collection of the entire amount due from the client, without previous notice or other formalities. Berba reserves the right to request interest calculated according to the official rate in effect as of the date that such late payment is made. Moreover, the client must reimburse any expenses Berba incurs to settle the case.
All work in progress and all orders in progress shall be suspended in the event of late payment.
Berba shall not be held liable for any reason whatsoever for translations which are not stylistically satisfactory. Particularly for advertising and promotional material, the services of Berba shall be limited to simple translation, unless expressly requested. Berba shall not be liable for drafting the translated text in, for example, an advertising style that is different from the source text. Our liability shall be limited to the amount of the invoice.
Complaints shall only be taken into consideration if received by email with return receipt within seven days of delivery of the job(s) or part of the job(s). All complaints must be accompanied by the original documents, disputed translations, and a letter of explanation. Once the above time period has elapsed, the translation shall be considered correct.
In the event of an unsatisfied client where a complaint is made within the established deadlines, Berba agrees, at its own expense, to deliver an edited version of the disputed translation within a timeframe equal to one third of that previously established for the job, plus one business day. This second document shall be used to judge the quality of the translation in order to establish the amount of reimbursement, at Berba’s own discretion.
Berba shall not be held liable for any delays caused by malfunctioning faxes, modems, email and/or other mail or carriers, not directly controlled by Berba.
In the event of late delivery where the time late is more than one third of the established delivery time, and in the event that the delay is directly and solely attributable to Berba, a reimbursement shall be paid, to be established between the parties, up to an amount of 100% of the job delivered late.
Defects present in one part of the translation shall not be grounds, for any reason whatsoever, for questioning the entire translation. Berba reserves the right to make modifications to the translation in such case.
Only written agreements between the parties shall be taken into consideration. The Court of Rome shall have jurisdiction for all disputes. In the event of failure to pay, all representation of partial or total reproduction of such translation shall be deemed illegal. Berba Translations, S.L. reserves the right to request immediate payment of the translation and compensation for copyright, where applicable, from a client who uses unpaid material.
Berba assumes no responsibility for damage or financial loss, including but not limited to, operating loss, loss of profit, loss of data, loss of material, or any other indirect financial loss suffered as a consequence of the use of Berba’s products or services. Berba is not responsible for any loss inflicted on the Client, as a direct or indirect result of the fact that Berba is prevented or delayed in fulfilling its obligations due to conditions that are beyond Berba’s control. The Client shall bear all risk using the text translated by Berba, including personal injury and financial damage. It is expected that the Client checks the correctness of the service delivered by Berba, especially when these may be of decisive importance, such as numbers or medical information. Thus, the Client may not hold Berba responsible for loss or damage caused by the use of documents or information from the Client that Berba may have provided. Berba’s obligations under this agreement shall be excused in case of a force majeure event, meaning conditions that are beyond a Party’s control, including strike, labour dispute, defect or delay in delivery from sub-suppliers or external consultants, fire, damage by water and natural disaster, and which Berba could not have taken into account when entering into this agreement. In the event that Berba’s delivery violates third party’s right, Berba is entitled to (i)seek to acquire the Client the right to use the delivery as provided, (ii )to terminate the violation by changing or replacing the delivery of choice, or (iii) terminate the agreement against repaying the consideration received. If the Client is notified and / or brought an action for infringement of third party rights, the Client is obliged to notify Berba in writing thereof. The Client shall indemnify Berba for any claim for damages made by third parties as a result of Berba’s performance of a task for the Client. In all cases, Berba’s total liability is limited to the amount paid by the Client to Berba and is subject to the Client sending a written claim within 3 months from Berba’s delivery.
Berba reserves the right to make changes to the Terms at any time. Any agreement between the Customer and Berba will be subject to the Terms at the time of the conclusion of the agreement. The latest version of the general terms and conditions is always available at berba.net.
Any dispute between the Client and Berba shall be settled by the Juzgado de lo Mercantil de Bilbao (Commercial Court of Bilbao) under Spanish law.