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General terms and conditions

 

1. Area of application

(1) The subsequent order terms and conditions apply for the translation agreements and, in turn, also for other services unless otherwise expressly agreed or legally stipulated.

(2) General business terms and conditions of the client are only binding for us if we have expressly acknowledged them.


2. Scope of the translation order

The translation is performed in accordance with the generally accepted principles of due execution. The translations are carried out according to the generally recognized rules of the target language with regard to spelling, grammar and parlance. We translate technical terms and special vocabulary with the conventional and usual meaning. If the client has a certain terminology or form request for the translation or one that deviates from the generally recognized rules, it is to inform us of such and make the respective instructions (sample texts, parallel texts, glossaries or similar) available. The use of specific terminology of the client is to be expressly agreed upon at the time the order is issued. Upon our request, the client is to grant technical consultation.


3. Duty of the client to co-operate and inform

(1) The client shall inform us in a timely manner of desired style of the translation (e.g. intended use, delivery on data media, number of copies, readiness for printing, outward appearance of the translation, etc.). If the translation is intended for print, the client shall leave it to the translator to perform a proof in due time before going to press so that any possible errors can be fixed. Names and numbers are to be reviewed by the client. These services are invoiced by time spent. The same goes for the acceptance of charts and images as well as text editing, the production of manuscripts or HTML documents, etc.

(2) The client shall make any information and documents needed to produce the translation available when the order is issued.

(3) Errors or delays resulting from a delay in the delivery of information material and instructions or the absence thereof shall not be at the expense of the translator.

(4) The client assumes responsibility for the rights to a text and shall ensure that a translation may be produced. It shall indemnify us from corresponding claims by third parties.

(5) The source material must be legible and transmitted to us at the time we stipulate and in the format indicted. Any changes or additions to the source material must be transmitted to us after clear identification of the changes versus the original version.


4. Rights of the client in the event of defects

(1) We reserve the right to rectification of defects. The client initially only has a claim to rectify any possible defects included in the translation.

(2) The claim to rectification of defects must be asserted with exact specification of the defect.

(3) If we do not rectify the asserted defects within an appropriate timeframe or we refuse to rectify the defects or rectification is deemed to have failed, the client may have the defects rectified by another translator at our expense after consultation on our part or, optionally, may demand a reduction of the price or withdraw from the agreement. Rectification of the defects is deemed to have failed if the translation continues to show defects even after several attempts to fix them.


5. Liability

(1) We assume liability for gross negligence and intent. Damages not regarded as gross negligence are those caused by computer failures and transmission interruptions when sending emails or through viruses. We take the necessary precautions in this regard through the use of anti-virus software. Liability for ordinary negligence applies exclusively in the case of a breach of primary obligations.

(2) The client’s claim against us to compensation of damage caused pursuant to No. 5 (1) Paragraph 4 is limited to EUR 5,000; in individual cases, the express agreement of a higher indemnity claim is possible.

(3) The exclusion or limitation of liability pursuant to No. 5 (1) and (2) does not apply for the damage of the consumer from injury to life, limb or health.

(4) Claims by the client against us due to defects in the translation (Section 634a of the German Civil Code (BGB)) lapse after one year from the acceptance of the translation, except in the case of fraudulent intent.

(5) Liability for consequential harm caused by defects, contrary to Section 634 a of the German Civil Code (BGB), is limited to the legal statute of limitations. This shall not affect Section 202 Paragraph 1 of the German Civil Code (BGB).


6. Third-party involvement

We are authorized to consult employees or expert third parties to execute an order. In doing so, we shall ensure that these individuals are also obligated to maintain secrecy and confidentiality with regard to all facts known in connection with the activity for the client.


7. Compensation

(1) Our invoices are due and payable without deduction on the due date indicated in the invoice or otherwise within 14 days following the date of invoicing. The rates are net plus legal value-added tax.

(2) In addition to the fees agreed upon, we have claim to the compensation of any necessary expenses. In every case the added-value tax is calculated additionally to the extent legally required. We may demand a reasonable advance and make the delivery of our work dependent on advance payment of the full compensation.

(3) Prices and delivery deadlines for the implementation of changes and additions to the source material in translations which have already begun to be translated into the target language (author corrections) are determined according to the extent of changes and the percentage of translation already carried out. We shall inform the client on the estimate of additional costs before the changes and additions are implemented.

(4) Unless otherwise agreed, the extent of a translation shall be invoiced by DIN standard lines. As a general rule, the target text and, in exceptional cases, the source text is the basis for the line calculations.


8. Proprietary rights and copyright

(1) The translation shall remain our property until full payment has been made. Until that time, the client has no right of use. We reserve the right to any new copyrights.

(2) The client guarantees and confirms that the translation of the source material as well as the publication, marketing, sale and any other use of the translation to be delivered do not violate any patent rights, copyrights, trademark rights or other rights and that it has full authority to have the text translated. The client indemnifies us from any and all claims in this regard.


9. Applicable law

(1) German law applies for the order and any claims arising from it.

(2) Place of fulfilment and jurisdiction is Saarbrucken.


10. Severability clause

The validity of these order terms and conditions is not affected by the revocation or invalidity of individual terms and conditions. The invalid term is to be replaced with a valid term that most closely resembles the economic benefit or the intended purpose.


11. Changes and additions

Changes and additions to these GTC only apply if they have been agreed in writing. This is also the case for the changes to the written form requirement itself.  

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