General business terms and conditions
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1. Overview
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(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.
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(2) |
Customer’s general terms and conditions are only
binding for the translator if explicitly accepted in writing.
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Customer's liabilities
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(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.
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(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.).
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(3) |
Errors arising from the non-compliance
with these responsibilities will be charged to the customer.
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3. Performance and elimination of errors
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(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.
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(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.
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(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.
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(4) |
The right of improvement is excluded
if an error has not been declared within 2 weeks after
delivery of the completed translation.
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(5) |
If an improvement or a substitute
delivery fails, statutory legal guarantee rights apply,
pending another arrangement.
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(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.
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4. Liability
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(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.
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(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.
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5. Professional confidentiality
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(1) |
The translator is obliged to
treat the information content, documents and subject
matter submitted by the customer as strictly
confidential.
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6. Commission and basis of calculation
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(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.
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(2) |
Compensation is due within 14
calendar days after delivery of the translation.
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(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.
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(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.
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7. Reservation of title and copyright
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(1) |
The customer has no right to
use the translation prior to payment of the full
fee set out in the final invoice.
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(2) |
The translator retains copyright
of his translation work.
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8. Cancellation of contracts
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(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.
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9. Applicable rights
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(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.
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(2) |
The contractual enforcement
of the contract conditions is not affected by the
invalidity of individual regulations.
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