Terms and Conditions of Business1. Scope
(1) These terms and conditions apply to agreements between the subcontractor (translator) and the ordering party (client) unless other arrangements have expressly been made or are prescribed as being legally binding.
(2) The client's conditions of business will only be binding for the subcontractor if he has expressly recognised them.
2. Client's Obligation to Assist and Provide Information
(1) The client is obliged to inform the subcontractor about special forms of carrying out the order no later than when the order is placed (translation on data carriers, number of copies, outer form of the translation etc.). The purpose of the translation is to be stated. If the translation is intended for printing/publication, the client will be required to give the translator a copy for proofreading and correction.
(2) The client is required to provide the translator with the information and documentation required for carrying out the translation in good time when the order is placed (client's glossaries, illustrations, plans, tables, abbreviations etc.
(3) Errors resulting from failure to comply with these requirements will be at the expense of the client.
3. Execution and Correction of Errors
(1) The translation will be carried out according to the principles of correct professional procedure. If the client has attached no documentation or special instructions, specialist expressions will be translated into a customary, lexically justifiable and generally comprehensible version.
(2) The translator may have the translation done by a third party if he considers it reasonable.
(3) The translator will not be responsible for errors in the translation due to illegible, incorrect or incomplete text material or to incorrect or erroneous client terminology.
(4) If the client complains about any major, objectively verifiable errors in the translation, the client will be entitled to have these errors corrected by the translator. The entitlement to have errors corrected must be asserted by the client to the translator in writing immediately and must describe the error exactly. The translator must be given an appropriate period in which to carry out the corrections.
(5) If attempts to correct the error(s) or supply a substitute translation fail, statutory warranty rights will be revived unless other arrangements have been agreed.
(6) Delivery periods and deadlines will be agreed when the order is placed and are binding. However, the translator will not be in arrears if the service cannot be supplied due to circumstances beyond his control. If failure to adhere to a given deadline is due to an Act of God, the translator will be entitled to cancel the order or to request a reasonable extension period from the client. Further rights, in particular damages claims, will not be recognised in these cases. In cases where the subject of the order is changed, delivery dates and fees will be renegotiated.
(1) The translator is liable in cases of gross negligence and wilful intent but only up to the net value of the order, i.e. excluding the applicable German value added tax. Liability in cases of minor negligence will only be accepted where material contractual obligations have been breached.
(2) If a third party carries out the translation, the translator is responsible only for the careful selection of this third party. However, if requested, the translator will be obliged to assign any claims against third parties to the client.
(3) The client is required to ensure that its data are sufficiently secure. If the electronic data are to be transmitted in encoded form, the translator is to be informed of this specifically.
5. Professional Secrecy
The translator undertakes to treat as confidential all information and documents passed to him in connection with the order.
(1) The length and/or scope of the translation will be determined by the number of standard lines in the completed translation. A standard line contains 55 keystrokes including punctuation and spaces between words and paragraphs. The number of keystrokes will be calculated by Microsoft Word.
(2) If no other payment period has been agreed, the fee will be due and payable no later 30 days after delivery of the completed translation.
(3) In addition to the agreed fee, the translator is entitled to reimbursement for all actual expenses, e.g. research. Corrections and research are charged for by the hour. All prices are net and are in addition to the statutory value added tax.
(4) If the amount of the fee has not been agreed on, a normal and appropriate fee will be payable depending on the type of translation and the degree of difficulty.
7. Retention of Title and Copyright.
The translator retains copyright to the translation.
(1) If individual provisions in these terms and conditions are invalid, the remaining provisions will not be affected.
(2) Instead of the invalid clause, that provision will apply which comes as close as possible to the desired purpose.
9. Choice of Law
(1) The legal relationship will be governed solely by the laws of the Federal Republic of Germany.
(2) Place of fulfilment and jurisdiction for delivery and payment and place of jurisdiction for any disputes, including in connection with cheques and bills of exchange, is D-64807 Dieburg, Germany.
10. Language of These Terms and Conditions
The official language of these Terms and Conditions is German. This English translation is for information purposes only and is not legally binding. In case of any dispute, the German-language version will be authoritative and legally binding.