Article 1 General
1. These General Terms and Conditions of Business shall apply exclusively to all present and future orders. Any terms and conditions that differ from or opposing confirmations by the customer are hereby objected to.. They obligate us only when and to the extent that we have explicitly agreed to them in writing. Silence shall not be taken as tacit approval.
2. Orders given orally or over the telephone and any other oral agreements require written confirmation to be effective.
Article 2 Services
1. We offer translation and interpretation services.
2. All orders will be handled in the best possible way and as quickly as possible. Demanding translations will only be undertaken by translators who master the language concerned as natives. Technical expressions will be translated by the term that is most generally used if no other special instructions are given.
3. All orders will be handled in strict confidence. Our employees are likewise obligated to act in this manner. The customer must explicitly request this if he requires special safety precautions to be taken while his documents are being stored. The same applies to sending out documents using registered mail or recorded delivery. The certification of the translations of certificates and official documents for recognition by the relevant authorities will likewise be done at the special request of the customer.
Article 3 Charges, terms and conditions of payment
1. The charges for translation work are calculated on the basis of the current list of charges. Interpreting services are billed for on the basis of hours actually worked or a daily rate.
2. On request we will send a cost quotation with no obligation. The charges shown in costs quotations are only approximate prices. The final billing will be done on the basis of the actual length of the finished text that was translated.
3. If an order that had been given is cancelled, then any costs that had been incurred up to the time of the cancellation will be billed for.
4. All services are to be paid for within 14 (fourteen) days of the date of the invoice and without any discount being deducted. Discounts and reductions require special written agreement.
5. If the customer is late in making the due payments, we are entitled, and regardless of any other claims going further, to demand compensation for the delay in the form of an interest rate of 2% above the prime rate of the Deutsche Bundesbank.
§ 4 Deadlines, delivery
1. Delivery deadlines are only binding if they have been confirmed by us in writing.. We shall endeavour in all cases to complete all orders in the best possible way, as quickly as possible and by the deadline..
2. In the event of failure to comply with an agreed deadline we are nonetheless only behind schedule once the customer has warned us in writing about this deadline and has set a reasonable period of grace for us that depends on the scope of the work. The period of grace shall begin as of the day of receipt of the warning. The period of grace shall be extended by the length of time of any disturbances arising out of an instance of force majeure or other unavoidable circumstances.
3. If this period of grace has expired and without result then the customer can refuse acceptance of the translation and withdraw from the contract. This terminates all claims on both sides.
4. If there are no written instructions of the customer to the contrary, the letter is to be sent by normal mail. If this is necessary to ensure compliance with an agreed delivery date, then it is to be sent via a courier service. This also applies if the delivery in our order was made by a third party from another location. The hazard in transmission or shipping shall be transferred to the customer at the time of handing over at the post office or to a courier of the customer.
Article 5 Complaints, warranty, liability
1. The customer must check the delivery immediately after receiving it and notify us in writing of any defects or deficiencies in it within 1 (one) week at the latest after receipt. Otherwise the work can be regarded as approved and accepted. Any typing errors that are the subject of a complaint shall be corrected at no charge.
2. In the event of complaints we have in all cases the right to make good and correct within a reasonable period of time. If the making good is impossible or is not done within a reasonable period of time then the customer has the right to either reduce the amount of the payment or to withdraw from the contact, at his choice.
3. We assume no liability whatsoever for errors in translations that had been caused by the customer through providing inaccurate or incomplete information or defective original texts. We likewise assume no liability whatsoever for the correct transcription of names and addresses from original documents that were not written using the Roman alphabet (.e. Cyrillic, Greek, Japanese, etc.). All liability is hereby excluded for telephone translations and language-related information given by telephone. We explicitly exclude any form of liability for the loss of the texts and documents that had been handed over to us resulting from circumstances for which we were not to blame, such as burglary, theft, fire or flooding. We also have no liability whatsoever if the requisite service cannot be provided or if the texts and documents that had been made available to us are lost due to an instance of force majeure or other unavoidable circumstances (civil commotion, strike, fire, etc.)
4. We have taken out D&O liability insurance for translation errors in the sum of 100,000 Euro. Any claims going beyond the coverage provided by this insurance cannot be asserted.
5. Any other claims for compensatory damages by the customer, regardless of their legal basis (e.g. due to non-fulfilment, impossibility, positive contractual infringement, impermissible action, etc.) are hereby explicitly excluded if we are not liable for them on the basis of the mandatory legal regulations for malice aforethought or gross negligence on the part of ourselves or our vicarious agents.
6. If a claim is made against us for infringement of an existing copyright due to translation work that we had provided, then the customer shall hold us harmless in the full scope with regard to this liability.
7. If the customer wishes to publish the translated text or use it for advertising purposes or have the translation formatted in a particular style then at the time of placing the order for the text to be published or for the adaptation of the advertising text he must provide clear information and glossaries and details of the stylistic and textual requirements. If he fails to disclose the above-mentioned intended purposes of use when placing the order and if the text is published later or use for advertising purposes, then he cannot claim compensatory damages for the damage done due to the need to repeat the publication or advertising on the basis of a translation error or a defective adaptation. In such cases we reserve the right to make claims arising from infringement of the copyright regulations. Before going to print, the customer must send us a galley proof for approval. If he goes to print without this approval, this is at his own risk and he will be liable to the full extent for any consequential damage as well.
Article 6 Closing stipulations
1. If any of the provisions of these General Terms and Conditions of Business is or becomes invalid or unenforceable, the other provisions shall remain in full force and effect. Another legally valid and feasible ruling that comes the closest to what the parties had intended in this contract shall be drawn up in place of the invalid provisions.
2. The place of fulfilment and the court of law for all claims arising out of this contractual relationship shall be Düsseldorf as long as the customer is a registered businessman, a corporate body or legal entity under public law or a special fund under public law.
3. The contractual relationships that arise are solely subject to the law of the Federal Republic of Germany.