Terms and conditions
The general terms and conditions shall be valid for all business relationships with my clients. By placing the order, the contractual partner acknowledges the general terms and conditions. These shall be applicable for the entire period of the business relationship. Modified business conditions on part of the client shall only become binding upon my explicit acknowledgement of these.
2. Placing an order
The client shall submit his orders in writing. Therefore, the desired delivery date has to be stated. An order is only then deemed to have been submitted after my written confirmation has taken place. No liability is assumed for delays or shortcomings for incorrect or incomplete transmission of the source text or due to ambiguous or false wordings in the source text.
3. Processing of the order
All orders are completed with best-possible accuracy. In case of obscurities as regards the source text, I will consult the client another time or complete the translation to my best knowledge and in all conscious in accordance with the contextual sense, to be understood.
I undertake to make sure that the translation is produced without alterations or amendments. However, I may optionally put in comments, foot notes etc. if deemed necessary for the text’s comprehensibility in the target language.
4. Execution through third parties
As far as deemed purposeful and necessary by me, I’m allowed to assign the third parties. In that case I will only be liable for an accurate selection. The due diligence regarding the selection shall be fulfilled, if the assigned third party is a translator or interpreter being court-certified for the respective language, or with whom I or other known firms and translators have already been cooperated successfully. In general, the business relationship shall only exist between the client and me. Any contact between the client and a third party, being assigned by me requires my approval.
5. Delivery of the translation and complaint
Provided, the client does not immediately, however within 14 days at the latest upon receipt of the translation, raise any objections of whatsoever kind, the translation shall be deemed accepted. By his approval, the client refrains from any claims, which might be granted to him due to possible shortcomings of the translation. In case the translation is transmitted via email, our sending date of the email shall be deemed to be the moment of the translation’s receipt. The aforementioned terms begins by the end of that day, when the translation has been provably (e.g. sending protocol) sent to the client. In case of a sending of the translation via post, the translation shall be deemed received at that moment, when the receipt can be expected under ordinary circumstances. Additionally, the general rules of the German Code of Law (BGB) shall apply for the calculation of the term.
Provided, the client raises an objectively existing considerable fault within the stated term of 14 days, this shortcoming shall be described as exactly as possible in writing and give me the opportunity to carry out corrections. The client shall as well inform me on the length of the term he grants for the fault to be corrected. Thereupon, I will arrange the correction of the fault within the mentioned term, so far this one is appropriate or it’ll be arranged by me within an appropriated term. Provided this first fault correction fails, I’ll reserve the right for a repeated correction of the translation according to the faults, which have been described as exactly as possible from the client again. Provided, this second fault correction does also fail, the client shall be entitled at his own choice to the reduction of the agreed price or the reassignment of the order.
I undertake, to complete the translation in such way that it will be free from any faults; insignificant faults shall be left out of consideration.
In any event, I will only assume liability in case of gross negligence and intent. The liability in case of slight negligence shall only become valid upon violation of an essential contractual obligation. Any recourse rights for damage claims on the part of third parties shall be explicitly excluded. I don’t assume liability for translation mistakes, which are due to incomplete or unreadable source texts, made available by the client. In any case, the liability shall be limited in the amount according to the value of the relevant order.
7. Delivery terms
Delivery terms shall be given by the client in all conscious. They can always be expected deadlines. A delivery shall be deemed to have taken place, when the translation has been provably sent to the client. I may deviate from the delivery date, which has been determined in the order confirmation, if the text to be translated turns out to be particularly difficult or any other reasons are given for that.
8. Remuneration and payment conditions
All prices and offers are not binding. The prices shall be in EURO, unless otherwise agreed.
Released price lists may be amended by me without previous announcement. Deviations of previously released prices, express delivery surcharges or additional demands will be communicated by me to the client with the confirmation of the order at the latest.
The payment shall take place per invoice. In case of bulk orders, I reserve myself the right, to charge 50% of the total amount in advance. In case of an overdue payment, there will be charged dunning costs and default interests of an amount, which is in line with banking practice. Provided, the order exceeds both, the scope and difficulty level of the agreements, which have been contracted in the order assignment or in case that delivery schedules are set earlier than agreed, I’m entitled to adjust the price accordingly higher to the additional effort.
9. Interruption, force majeure, closure and restriction of business operations, network- and server errors, viruses
I’m not liable for damages, resulting from interruptions of the system, particularly from force majeure, e.g. natural hazard events and traffic trouble, network- and server errors, any other line malfunctions or transmission failures and any other hindrances, which I cannot be held responsible for. In such exceptional cases, I may withdraw entirely or in parts from the contract. The same applies, if I have to discontinue or restrict my business operations for a certain time completely or parts of it. I’m also not responsible for damages caused by viruses. My EDP (networks, work stations, programs, files etc.) are regularly scanned on viruses. As regards the delivery of file via e-mail, the client shall be responsible for a final check of the transmitted files and texts. Any claims for damage in this connection can’t be accepted.
10. Reservation of proprietary rights
I will reserve myself the right of proprietary for both, the delivered translation and the copyright for this one until receipt of the complete payment of all charges. Until then, the client shall have no right to use in the translation.
The shipment, resp. the electronic transmission shall take place at the client’s risk. I assume no liability for a inaccurate or damaging transmission of the texts or for whose loss, as neither for whose damage or loss arising on the non-electronic transmission way.
All texts will be treated with confidence and I undertake to maintain silence concerning all factual information of which I become aware of in connection with my activity for the client.
14. Severability Clause
In the event that one of the provisions of these general terms and conditions should be or become invalid in whole or parts of it, the validity of the remaining provisions of this contract shall not be affected. In this case, the content of the contract is based on the legal regulations.