Terms and Conditions
Translations are a special kind of service. They can thus only be carried out in accordance with these Terms and Conditions. Other conditions shall not be acknowledged, even if printed on the client's order, unless they are explicitly acknowledged by the translation agency in written form.
These Terms and Conditions apply for all business transactions between the translation agency and the customer.
1. Basis of Computation
Translations are billed according to volume and degree of difficulty. For billings by line, the text quantity usually is calculated based on the target text.
The fee calculated for the quotation is to be considered an approximate price only. The translation agency reserves the right to judge the degree of difficulty and to determine possible surcharges.
For rush orders surcharges of 25 % to 100 % may be billed. These surcharges are subject to prior agreement.
If translations or similar services (paper work, corrections, editorial work, interpreting services, etc.) are billed based on working hours, the hourly wage will be agreed in advance. If the parties agree that invoicing is based on pages, the calculation will be based on standard pages according to DIN (25 text lines with 50 characters per line). Standard pages from 15 lines onwards are counted as whole pages.
Travelling times (e.g. on-site employment at the client's premises, pick-up, delivery) shall be billed in accordance with the agreed hourly wage, plus actual travelling costs according to receipt or, regarding car drives, plus mileage allowance according to the valid rate per kilometre. Packing, postage, data carriers, etc. shall be invoiced in accordance with the expenses.
All quotations and prices are subject to change. All prices are given in Euro if not agreed otherwise. All quoted prices are net prices. Terms of payment, early payment discounts or other discounts are only granted if explicitly agreed.
Invoices are to be paid immediately and strictly net, if not agreed otherwise. According to EU and German civil law, default charges will arise as off 31st day after due date and receipt of the invoice. Statutory basis for this are § 284 passage 3 and § 288 passage 1 German Civil Code (Bürgerliches Gesetzbuch - BGB).
If partial shipments were agreed, the performed service will be invoiced together with the corresponding partial shipment. In case of voluminous orders with long periods of delivery, the translation agency reserves the right to demand an adequate prepayment from the client to cover the costs. Furthermore, delivery of the translation can condition on payment of the invoiced amount (step by step service). If the client delays payment, the translation agency has the right to invoice interest rates, starting at this point of time and amounting to the interest rates charged by commercial banks for open overdrafts, plus value added tax.
3. Retention of Title
The delivered texts remain the translation agency's property until the invoice was fully paid.
The translation agency reserves the copy right for all translations.
5. Date of Delivery and Delivery
Adherence to the agreed date of delivery as a rule shall be approved obligingly. The scheduled date of delivery shall be considered to be complied with, when the finished text was sent early enough to reach the recipient in time whilst taking into account the usual mail delivery times for the corresponding type of shipment. If the date of delivery cannot be adhered to due to force majeur or other reasons, for which the translation agency cannot be hold liable (traffic disruption, power failure, sudden illnesses, strikes and other interruptions of operation, official directives, breakdown of essential communication equipment, etc.), also when they occur at subcontractors, the translation agency has the right to withdraw from the contract or to demand an adequate additional respite from the client. Should these obstructions continue, the client has the right to withdraw from the contract for due partial shipments. Further rights (especially compensation claims) are excluded for the above mentioned circumstances.
All translations are carried out in all conscience. Technical terms are translated into commonly accepted, lexicographic justifiable or generally intelligible versions, if no special instructions or documents were provided. Depending on the meaning of the source text, translations are carried out word by word or according to mentality. In case the translation agency is occupied due to breach of existing copy right in virtue of an accomplished translation, the client commits to dispense the translation agency fully from liability. Glossaries generated for translation orders remain property of the translation agency.
No liability can be taken for mistakes in translations, which are caused by the client due to incorrect or incomplete information or faulty source texts. This applies also for illegible names and figures in deeds or similar documents. Liability for the loss of documents ceded to the translation agency is explicitly excluded when caused by burglary, theft, fire, water, storm or loss on the mailing route.
The translation agency reserves the right to decline the translation of certain texts anytime without giving reason.
7. Client Duties
Upon order placement, the client has to inform the translation agency about special wishes regarding the execution (translation on data carriers, readiness for print, layout, number of copies, etc.). The client is obliged to provide the translation agency with all documents and pieces of information required for best execution of the order (in-company glossaries, pictures, drawings, explanations of abbreviations, etc.) unsolicitedly and in time.
Furthermore the client is obliged to constructively cooperate in the translation process and to name a competent contact person for technical questions. For the translation of books and voluminous brochures, the client shall provide the translation agency with one original and one copy as working material, which shall remain with the translation agency after completion of the order, as well as with at least two voucher copies, if not agreed otherwise in written form. If the client abstains from his behooving cooperation, the translation agency shall have the right to cancel the contract upon expiration of an appropriate period of time. The entitlement for payment and compensation for additional work and expenses possibly generated by the refrained cooperation shall persist, even if the translation agency does not avail of its right to cancel. Mistakes resulting from disregard of this obligation cannot be blamed to the translation agency. The client accepts these terms and conditions automatically when placing the order.
8. Non-Disclosure, Data Security
The translation agency commits to keep all source texts and facts that emerge during order fullfillment secret. The translation agency is, however, entitled to provide possible sub-contractors with the source texts.
If not agreed otherwise, all documents remain with the translation agency after conclusion of the order, and, including the target text, will be preserved for a period of five years, whereupon confidentiality and all data protection regulations shall be guaranteed. After this period of time the documents will be destroyed and the data records shall be deleted.
Generally, i.e. if not special shipping instructions are given by the customer, shipment is implemented as uncoded datasets, e.g. via e-mail. The risk of shipment shall be transferred to the customer as soon as the text is sent via e-mail, handed over to the post office or to a messenger commissioned by the customer. If possible, lost mail will be compensated for, however there shall be no legal claim to it, in particular the customer shall not have the right to claim damage for lost documents or delay in delivery in such cases.
10. Complaints & Rectification of Faults
If no special arrangements have been taken regarding the qualitative demands for language services, these shall be carried out according to the principles of proper professional conduct in all conscience, completely as well as correct in meaning and grammar, for the purpose of information. If no documents or special instructions are enclosed by part of the customer, technical terms shall be translated to the common, lexically justifiable or generally understandable version. Shortcomings in translations arising from barely legible, faulty or incomplete texts or from deficient or faulty customer-created terminology, shall not be the translator's responsibility. Analogously the same holds true for interpreting services.
Complaints have to be indicated to the translation agency immediately and in written form by part of the customer, stating the exact reason for reclamation. If the customer claims an objectively existing, not inconsiderable deficiency, the translation agency shall have the right and option to touch the document up, to reduce the price or to credit the value. According to the German Civil Code, the customer is obliged to grant an appropriate deadline for remedial actions. Further claims, including claims for damages for non-performance shall be excluded. In addition, all notifications of defects shall be excluded, if not provided within seven days after transmission of the translation or supply of a service. In such a case the customer shall abdicate from any claim he or she might possibly be entitled to.
11. Warranty, Liability, Damages
The translation agency shall be liable in the case of gross negligence and premeditation to a maximum sum corresponding to the contract price. Liability in the case of minor negligence shall only be assumed if major contractual duties have been violated.
Readiness for print can only be guaranteed, if especially agreed in the written order and if the customer provided the translation agency with the galley proof for proof reading (also regarding contents), placing an adequate period of time for checking. Should the above mentioned prerequisites not be fullfilled, warranty and claims for damages shall be excluded, as is especially liability for not achieved profits or savings, as well as damages caused by availment of third parties, indirect damages and consequential damages.
The translation agency shall have the right to use third party services if considered advantageous or necessary. In doing so, the translation agency shall only be liable for careful selection. Due diligence regarding selection shall be fullfilled when the appointed other party is a translator/interpreter who is authorised by court for the corresponding language. Direct contact between customer and subcontractor shall only be permitted if acceded by the translation agency. In principle, the business relationship shall only exist between customer and translation agency.
13. Notarised Translations
If desired, deeds are provided with a certification notification of the translator. The fee is 15.00 Euro excl. VAT per document and copy. Accounting will be implemented in addition to the agreed translation charge. No liability shall be assumed for correct rendition of names and addresses in hand-written deeds. The same holds true for illegible proper names and figures in deeds on martial status or in other documents.
If the customer cancels a confirmed order without being authorized by law or contract to do so, the costs that arose until cancellation as well as performed work has to be paid for. In case of cancellation of fixed bookings for interpreters and/or translators we charge 50% cancellation fee for cancellations up to 5 days prior to the booked date and of 75% or cancellations up to 3 days prior to the booked date. In case of later cancellations we have to charge the entire fee.
15. Place of Performance and Jurisdiction
Place of performance and jurisdiction for both parties is Munich. The law of the Federal Republic of Germany applies exclusively.
16. Severability Clause
If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this agreement. In such a case a valid provision that comes as close as possible to the economic and legal intent shall become effective. This does not apply if adhesion to the contract would mean unreasonable relentlessness to one of the parties.
17. Change of Terms and Conditions
Customers are informed about changes of the Terms and Conditions in written form. They shall be considered approved, if the customer does not file his or her objection within two weeks upon announcement.