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General business terms and conditions

1. Overview

(1)  These conditions apply to contracts between translators and their customers, insofar as nothing else has been specifically agreed or is stipulated as legally indispensable.

(2)  Customer’s general terms and conditions are only binding for the translator if explicitly accepted in writing.

Customer's liabilities

(1)  The customer has to inform the translator concerning specific requirements for the translation prior to placing the order (translation on specific media, number of copies, form of translation, layout etc.). The purpose for the translation has to be indicated. If the translation is intended to be printed, the customer must submit a copy to the translator for proof reading and correction.

(2)  The customer must provide the translator with all information, documents and ancillary data necessary for the translation, without being asked and at the time of placing the order (e.g. glossaries, illustrations, drawings, tables, abbreviations etc.).

(3)  Errors arising from the non-compliance with these responsibilities will be charged to the customer.

3. Performance and elimination of errors

(1)  The translation will be performed according to the principles of professional practice. Special terms are translated into the generally used, lexically acceptable or generally understandable equivalent, under the provision that no documents or special instructions have been supplied by the customer.

(2)  The translator can not be made responsible for errors in the translation which may be attributed to poorly legible, faulty or incomplete text documents, or to a false or erroneous terminology submitted by the customer.

(3)  If the customer finds an objectively existing, not insignificant error or errors in the translation, he is entitled to have the said error, or errors contained in the translation corrected by the translator. This right must be asserted by the customer to the translator, immediately and in writing, describing the exact error. The customer has to grant the translator an adequate period of time for additional remedial work.

(4)  The right of improvement is excluded if an error has not been declared within 2 weeks after delivery of the completed translation.

(5)  If an improvement or a substitute delivery fails, statutory legal guarantee rights apply, pending another arrangement.

(6)  Dates and terms of delivery are agreed upon at the time of placing the order and are legally binding.
The translator, however, is not in default insofar as the delay is due to circumstances which are beyond his control. If the non-compliance with a delivery date is due to force majeure, the translator is entitled to annul the contract, or request the customer to grant an adequate extension of the time frame.
Further rights, in particular claims for compensation or damages, are then no longer applicable.
Delivery deadlines and fees have to be renegotiated if the letter of the contract is changed during performance.

4. Liability

(1)  The translator is liable for gross negligence and firm intention, for an appropriate amount. Liability for simple negligence will only arise if essential contractual duties are not complied with.

(2)  The translator can not be made responsible for damage or loss to the materials submitted by the customer. The customer is bound to ensure adequate security of his data.

5. Professional confidentiality

(1)  The translator is obliged to treat the information content, documents and subject matter submitted by the customer as strictly confidential.

6. Commission and basis of calculation

(1)  The size of the translation is calculated on the basis of the standard line volume of the finished translation.
50 characters, including symbols and spaces, are regarded as a standard line. Lines which have already begun, and have less than 30 strokes, and lines with excessive length are converted to standard lines.

(2)  Compensation is due within 14 calendar days after delivery of the translation.

(3)  In addition to the agreed fee, the translator has the right to charge for actually incurred expenses.
Correction work is calculated on an hourly basis. For extensive translations, the translator is entitled to request an advance which is objectively necessary for the performance of the translation within the allotted time. He is within rights to make the delivery of the final product dependent on the prior remittance of the full fee.

(4)  If definitive charges have not been agreed upon in the contract, an adequate and usual compensation, appropriate to the kind of translation and the degree of difficulty, must apply. As a minimum, the rates listed in the laws regarding compensation of witnesses and experts are to be regarded as appropriate and usual.

7. Reservation of title and copyright

(1)  The customer has no right to use the translation prior to payment of the full fee set out in the final invoice.

(2)  The translator retains copyright of his translation work.

8. Cancellation of contracts

(1)  The customer is only permitted to cancel the contract before completion of the translation in the case of extenuating circumstances. The cancellation is only effective if the translator was informed in writing.
In this case, the translator is entitled to demand compensation for lost profit equivalent to the amount of the order value.

9. Applicable rights

(1)  German law is valid for the order and all claims arising from it. The translator's place of residence is the place of performance.

(2)  The contractual enforcement of the contract conditions is not affected by the invalidity of individual regulations.