The general terms and conditions for translators according to the recommendations of the German Federal Association of the Interpreters and Translators (BDÜ) shall apply:
1) Area of Application
- These terms and conditions shall apply to any agreement between the translator and her customers, unless otherwise agreed or legally mandatory.
- The customer’s general terms and conditions are not binding for the translator, unless she has explicitly agreed to this beforehand in writing.
2) Scope of Translation Order
- The translation shall be produced in accordance with the principles of due diligence. It will be delivered to the customer in the contractually agreed form.
3) Cooperation and Provision of Information by Customer
- The translator shall not be held responsible for any errors or delays incurred by the faulty or delayed supply of information and instructions.
- The customer assumes the liability for the rights to and in connection with the text and makes sure that the translation of the respective text is perfectly legal. The customer releases the translator from any third party claims.
4) Customer’s Rights in case of Errors
- The translator reserves the right to rectify any errors. For the time being, the customer shall only be entitled to rectification of any possible errors inherent in the translation.
- The customer’s right to rectification of errors must be asserted in writing indicating exact details of the error(s).
- Different opinions on text style shall not constitute an error. Different opinions on terminology shall not constitute an error if the customer has not provided a list of terms to use before the start of the translation.
- The customer shall allow the translator a reasonable period of time for correction of the accepted errors.
- In the event of failure of correction or a replacement delivery, the statutory warranty rights shall become valid again, unless agreed otherwise.
- The translator is liable in case of wilfulness and gross negligence. Damages incurred by computer failure and malfunctions when transmitting e-mails, or damages caused by viruses are not considered gross negligence. The translator shall take the necessary precautions by means of anti-virus programs. Liability in cases of slight negligence shall only apply in the event of violation of primary duties.
- The customer’s claim for damages caused according to item 5 (1) sentence 4 against the translator is limited to Euros 5,000; in individual cases a higher claim for damages might be agreed explicitly.
- The exclusion or limitation of the liability according to item 5 (1) and (2) shall not apply to damages incurred by a consumer from the injury to his/her life, body or health.
- The customer’s claims against the translator for errors in the translation (§634a BGB, German Civil Code) are subject to a limitation period of one year from the date of acceptance of the translation, except in the event of malice.
- The liability for consequential harm caused by a defect is limited to the legal limitation period, contrary to §634a BGB (German Civil Code). However, § 202 (1) BGB shall remain unaffected.
6) Professional Secrecy
- The translator shall not disclose any facts and knowledge about and in connection with her activities necessary in order to produce the contractually agreed translation.
7) Cooperation of Third Parties
- The translator shall be entitled to consult qualified third parties in order to execute the order or ask a cooperating freelancer of his choice to carry out the translation.
- In case of a consultation as previously mentioned, the translator makes sure that any third party entrusted by her complies with the obligation to maintain secrecy, according to item 6.
- The translator’s invoices are due for payment in full no later than 10 days after the date of invoice.
- The prices are net prices plus the legally applicable VAT, which will be charged in addition.
- For long assignments and texts the translator may request an adequate advance payment.
- If no agreement has been made as to the amount of the remuneration, the customer shall pay a remuneration that is deemed appropriate and usual for the type and degree of difficulty of the translation order.
9) Reservation of Title and Copyright
- The translation remains property of the translator until full payment has been received from the customer. The customer shall not have the right to use the translation until then.
- The copyright for the translation remains with the translator, unless otherwise agreed.
10) Right of Rescission
- The customer has no right of rescission.
11) Governing Law
- The order and all the claims resulting therefrom shall be subject to the Law of the Federal Republic of Germany.
- Place of performance is the residence of the translator or his business seat.
- Place of jurisdiction is the place of performance.
- Contractual language is German.
12) Severability Clause
- Should any provision of these terms and conditions hereof become invalid or ineffective, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by a valid one, coming closest to the economic result and/or the intended purpose of the invalid clause.
13) Changes and Amendments
- Changes and amendments of these terms and conditions are not valid unless made in writing.