General Terms and Conditions of Translations B. Schmidt, Visselhövede, Germany.
(1) These terms and conditions apply to contracts between translators and their clients (customers), unless otherwise expressly agreed or prescribed by law.
(2) General terms and conditions of the client are only binding for the translator if he has expressly acknowledged them.
2. Obligation and obligation to inform the client
(1) The client must notify the translator at the latest when placing the order of special versions of the translation (translation to data carriers, number of copies, external form of the translation, etc.). The purpose of the text must be stated.
(2) The client has to provide the translator with information and documents necessary to prepare the translation and when placing the order, i. before the start of the translation (glossaries of the client, illustrations, drawings, tables, abbreviations etc.).
(3) Errors resulting from non-compliance with these obligations shall be borne by the client.
3. Execution and removal of defects
(1) The translation shall be carried out carefully in accordance with the principles of proper professional practice. Technical terms are translated into the generally accepted, lexically acceptable or generally understandable version, unless documents or special instructions have been attached by the client.
(2) Defects in the translation, which are due to illegible, incorrect or incomplete text templates or to incorrect or incorrect customer terminology, are not the responsibility of the translator.
(3) The Translator reserves the right to remedy the defect. The client is entitled to an elimination of possible defects contained in the translation. The claim for removal of defects must be asserted by the client with a precise statement of the defect. The claim for rectification is excluded if the notice of defect has not been received within 2 weeks after submission of the translation work.
(4) In the event of failure of the repair or a replacement delivery, the statutory warranty rights shall be resumed, unless another agreement has been made.
(5) Delivery times and dates are agreed at the time of placing the order and are binding. However, the translator will not be in default, as long as the service is omitted due to a circumstance that he is not responsible for. If the failure to comply with a delivery date is due to force majeure, the translator is entitled to withdraw from the contract or to demand a reasonable grace period from the client. Further rights, in particular claims for damages, are excluded in these cases. When changing the subject of the contract, terms of delivery and fees must be renegotiated.
(1) The translator is liable in cases of gross negligence and intent in an appropriate amount. The liability for slight negligence occurs only in case of breach of essential contractual obligations.
(2) A liability of the translator for damage or loss of the materials handed over by the client is excluded. The client has to ensure sufficient security of his data.
5. Confidentiality / Professional secrecy
(1) The translator undertakes to maintain confidentiality as to all facts which become known to him in connection with his work for the client or to treat as confidential the information and documents provided by the client in connection with the order.
(1) The remuneration is due within 30 days after the acceptance of the translation.
(2) In addition to the agreed fee, the translator is entitled to the reimbursement of expenses actually incurred and agreed with the client. Correction works are calculated according to expenditure. The translator may require an advance payment for extensive translations which is necessary for the translation to be carried out. He can make the transfer of his work dependent on the prior payment of his full fee.
(3) For contracts with private clients VAT is included in the final price – listed separately. In all other cases, it will be charged additionally, as far as legally necessary. The translator may require an advance payment for substantial translations which is objectively necessary to carry out the translation. In justified cases, he may make the transfer of his work dependent on the prior payment of his full fee.
(4) In case of invoice disputes, the Translator must be notified of the discrepancy within 21 days of receiving the invoice. The client must send an email with the invoice attached to the vendor with the reasons for rejecting the payment for the invoice.
7. Retention of title and copyright
The translation remains the property of the translator until full payment. Until then, the client has no right of use