General terms and conditions
Please note that the English translation of the German original “Allgemeine Geschäftsbedingungen” is a courtesy translation only. In any dispute the German original shall apply.
- These terms and conditions are valid for contracts between the translator and her clients unless stipulated otherwise between the parties or by law.
- The client’s general terms and conditions are only binding for the translator if she has explicitly acknowledged them.
2. Placing orders
The order as well as the order confirmation must be in written form. Collateral agreements are only valid if confirmed in writing.
3. The client’s duty of discovery and disclosure
- The client shall inform the translator as to special requirements regarding the text form (translation on data storage media, number of copies, layout of the translation etc.) in due time. If the translation is to be used for publication, the client shall provide the translator with a galley proof.
- The client shall provide any information or documents (client’s glossaries, pictures, drawings, tables, abbreviations, etc.) needed for the execution of the translation without request and in due time.
- The translator shall not be held responsible for mistakes or errors deriving from non-compliance with these obligations.
The translation will be executed conscientiously according to the principles and standards of the profession. The client shall receive a copy of the translation as agreed in the contract.
Any faults are to be reported to the translator without delay or within a period of two weeks after delivery at the latest. The translator reserves the right to amend the client’s text in case of factual, linguistic or typing errors. The client is not entitled to reduce or deny payment as long as amendments are possible and the translator is willing to carry them out.
Any further claims for legal arguments of any nature are excluded.
The translator shall only be liable for gross negligence and intent. The translator shall be liable for slight negligence if she has neglected her cardinal duties. In this case, liability is limited to the amount stipulated in her consequential loss insurance. As far as the translator is liable, the statutory period of limitation for liability claims is one year from the date of acceptance.
7. Professional secrecy
The translator commits herself to maintain strict secrecy on all the facts confided to her in connection with her professional activities for the client.
8. Payment conditions
- Payment is due immediately after acceptance of the translation. According to the new EU law and the German civil law, default interest shall be incurred from the 31st day after the date of maturity. The legal basis is Section 286, paragraph 3 and Section 288, paragraph 1 of the German Civil Code.
- Apart from the agreed payment, the translator has a right to receive compensation for the actual costs incurred after prior consultation with the client. For long translation projects the translator is entitled to demand an advance payment in the amount which, from an objective point of view, is necessary. In justified cases, the translator can make the delivery of her work conditional on prior payment of the invoiced total. If delivery by instalments has been agreed upon, every instalment will be accompanied by an invoice.
9. Intellectual property rights
- Usage rights will only be extended to the customer after all payment claims from the contractual relationship have been met.
- The translator reserves her copyright to the translated documents.
10. Applicable law
- Any current or future claim under this contract will be settled before a competent court of law at the translator’s place of residence.
- This contract and all subsequent claims shall be governed by German law.
- In the case of the initial or later invalidity of one or more of the general terms and conditions, the validity of the remaining the terms and conditions shall not be affected.