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spell check is a trademark of Wagemann Köppel.
These General Terms and Conditions shall apply to all orders placed by customers with Wagemann Köppel. Any amendments of or terms deviating from these General Terms and Conditions shall not be binding unless set out in writing.
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Wagemann Köppels customary rates shall apply to any project.
No binding statements can be made with regard to delivery dates and times unless Wagemann Köppel has had an opportunity to examine the materials to be spell checked. Where a delivery date and time has been agreed the requisite production time shall not commence until the order including all the materials required for providing the language services has been received. Delivery dates and times shall not be binding unless confirmed by Wagemann Köppel in writing.
Orders may be rejected by Wagemann Köppel without stating any reasons, in particular for texts containing content that is illegal, pornographic, violence-glorifying, discriminating or immoral.
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The completed work will be transmitted by a cloud-based service. The Customer is aware that transmission by email is not secure nor is it 100% reliable.
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No claims for damages may be asserted as the result of non-adherence to a desired delivery date/time. This shall be without prejudice to wilful or gross negligent actions on the part of Wagemann Köppel.
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Where claims are asserted against Wagemann Köppel on account of copyright infringement due to a summary supplied by it, the Customer shall indemnify and hold Wagemann Köppel harmless in full.
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Technical terms art will be spell checked in the customary fashion.
Wagemann Köppel disclaims any and all liability for any errors in spell checks as the result of misleading originals.
In the event that work delivered to the Customer should contain an error this will be rectified free of charge, however this shall not apply to complaints based on style. Where the Customer does not afford Wagemann Köppel the possibility of rectification the Customer shall not be entitled to curtail the fee payable or withhold payment. Wagemann Köppel shall have the right to rectify errors within a reasonable period of time in respect of any complaints lodged.
Otherwise Wagemann Köppel disclaims all liability, to the extent permitted by law, except for cases of gross negligence or wilful misconduct, in which case liability shall be limited to direct damage or loss and to the value of the order at maximum. Maximum liability shall amount to CHF 1,000.00 where Wagemann Köppel is not afforded the possibility of rectification.
Where the Customer does not afford Wagemann Köppel the possibility of rectification, the Customer shall not be entitled to assert any claims for damages. If rectification fails to produce the desired results, the Customer may reduce the remuneration payable.
No liability will be assumed for the correct rendering of names and addresses in documents featuring a non-Latin script. In such cases the Customer is advised to provide these items separately. This also applies to illegible names and numbers in documents.
Delivered work is to be examined immediately upon receipt for any errors or inaccuracies. Obvious errors are to be notified immediately, non-obvious errors to be notified upon their discovery, within five business days at the latest.
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All orders and work will be treated confidentially (Art. 321 / Swiss Penal Law). However, no assurance can be given for the security of email.
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Wagemann Köppel disclaims all liability for the loss of documents.
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All work is payable upon receipt of the invoice, without any deductions or discounts being taken. Wagemann Köppels payment terms are 10 days from the date of invoice.
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Where a Customer cancels an order, all work completed until cancellation shall be payable.
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No claims of the Customer vis-à-vis Wagemann Köppel may be offset against claims of Wagemann Köppel vis-à-vis the Customer.
No rights or claims under a contract with Wagemann Köppel may be assigned except with Wagemann Köppels written consent.
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The exclusive place of performance and jurisdiction for all claims and disputes arising from the contractual relationship between the parties shall be Bottmingen. Wagemann Köppel shall also be entitled to bring action against the Customer at the Customers domicile.
All relations between the parties shall be subject exclusively to Swiss law, to the exclusion of the conflict of law rules of Swiss private international law, and the Vienna Convention on the Law of Treaties (VCLT), i.e. the United Nations Convention on the International Sale of Goods.