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Terms & Conditions

July 2003

1. Terms of contract

If not agreed otherwise in a written form the following terms and conditions shall aplly for the conclusion of a contract and the scope of services.

(1) The customer is obliged to indicate the translator for which purposes the translation is going to be used, e.g. for private or in-house information in a company, for passing-on to a third person, publication resp. advertising, for legal purposes, patenting proceedings etc., i.e. he has to grant all details for the use of the translation which are important to know for the translator.

(2) If the translation is used for another purpose than that which had been indicated in the contract the translator is discharged from any liability which may arise out of it. If the contract does not mention a purpose for the translation the translator carries out the translation to the best of his knowledge according to the criteria of an informing translation.

(3) The design and format of the translation has to be agreed upon. If there is no such agreement the translation is delivered as single computer printout. In the same way the kind of delivery has to be agreed upon.

(4) For interpreting services apply the conditions in analogy to 1(1), i.e. the customer has to inform the interpreter about the kind of service resp. the necessary specialised knowledge.

(5) The interpreter is, in analogy to 1(2), discharged from any liability which may arise when the actual demands on the interpreter exceed those laid down in the contract. (If the contract does not mention a special topic or are otherissues discussed than indicated in the contract the interpreter uses his basic linguistic and general knowledge.)

(6) Any contract has to be concluded in a written form. In the case of a verbal agreement or an email quotation this has to be confirmed in writing within seven (7) days.

(7) The translator is free to accept an order. If for any reason this is impossible the translator declines the order within twenty four (24) hours after receiving it resp. without culpable delay in case he took notice of the incoming order only after the expiration of that period.

(8) The cancellation of an order is free of charge until the day on which the order comes in. Otherwise the customer has to bear the full costs for the work done until the point of the cancellation.

2. Rates

(1) The basis for the calculation of rates for translations is the number of characters per line of the translated text. The standard line has 52 characters. The remuneration for translations and other linguistic services is arranged individually.

(2) Only written quotations are binding, subject to 2(3). Other quotations are considered as not binding guidelines. Do for any reason the costs for the translation considerably exceed the amount mentioned in the quotation the translator must inform the customer immediately. In this case the customer has the right to cancel the contract. He must, however, remunerate the translator adequately for the work done.

(3) Quotations which are given without inspecting the texts that are to be translated are generally not-binding. In this case sentences 2 and 3 of 2(2) do not apply. If no new quotation is made, 2(1) applies.

(4) The translator has the right to claim for the reimbursement of actual expenses apart from the remuneration for the translation.

3. Delivery

(1) The delivery date of the translation is determined in reciprocal written statements. If the delivery date is a major element of the contract, the client has to inform the translator explicitly from the outset. The observance of the deadline requires the punctual and complete receipt of the documents from the client as well as the adherence to the other conditions agreed upon. The clientīs failure to observe the deadlines leads to a delay if at all it is still possible and still makes sense to keep the delivery date.

(2) A culpable non-observance of the delivery date by the translator allows the client to cancel the contract only in case the delivery date was explicitly agreed upon according to 3(1) and if the client fulfilled all requirements mentioned in 3(1). In case the client avails himself of the right of cancellation he has to reimburse the translator for the actual expenses/services which arose until the moment of the cancellation. Claims for damages by the client are excluded unless the translator is liable for criminal intent or gross negligence.

4. Force majeure

(1) In the case of Acts of God the translator has to inform the client immediately. Acts of God allow the client as well as the translator to cancel the contract. However, the client has to compensate the translator for actual expenses resp. services. If the contract remains in force the translator can demand an appropriate extension of time.

(2) Acts of God are considered all events that cannot be influenced on by reason. Apart from natural disasters etc. this also includes a severe illness, accident and the like of the translator in so far as the translator is provably impaired or not able to carry out the service agreed upon in the contract.

5. Execution and Liability

(1) The translation is carried out according to the rules of the correct pursuit of the translatorīs profession. Technical terms are translated into the usual, lexically appropriate resp. intelligible version if the client does not provide special instructions or documents.

(2) Any shortcomings in the quality of the translation have to be put forward immediately within two (2) weeks after the receipt of the translation (in case the translation is sent by post two weeks from the postmark). The client has to explain and to prove such shortcomings adequately in writing.

(3) The client has to grant to the translator an appropriate time for the elimination of shortcomings. If the client refuses such an extension of time the translator is free from his liability. If the translator eliminates the shortcomings within an appropriate period, the client is not eligible for a price reduction.

(4) If the translator does not use the appropriate extension of time to correct the faults the client can cancel the contract or demand a price reduction. However, if the fault is not considerable the client cannot avail himself of the right of cancellation or price reduction.

(5) The claim for improvement lapses if the client does not notify the translator of shortcomings within two (2) weeks after the delivery of the translation.

(6) Warranty claims do not entitle the client to withhold or to deduct stipulated payments.

(7) Translations which are to be published are liable for shortcomings only in case the client explicitly states in his order that he intends to publish the text.

(8) Liability is excluded in cases of hardly readable, illegible resp. unintelligible original texts as well as in cases of fax transfer errors.

(9) Translations undergoing stylistic corrections resp. harmonization of specific terminologies (esp. of a certain branch or company) are not to be considered faulty.

(10) Abbreviations which are neither specified nor explained by the client when ordering the translation are excluded from liability.

(11) The translator is not liable for the correct reproduction of names and addresses in the case of originals not written with the Roman alphabet. In such cases the client should indicate the spelling of names and proper names in Roman type separately.

(12) In case the client wants to claim for damages he has to present the original documents (original text and translation) to the translator or his legal representative for examination.

(13) The translator is liable for the duly return of originals supplied by the client.

6. Professional secrecy

The translator commits himself to treat all documents and information supplied by the client with strict confidentiality.

7. Payment

If not agreed otherwise, payment is due two weeks (14 days) after the invoice date. This condition may not be changed because the translation is not collected in time when personal collection was stipulated. The translator can invoice dunning charges of 2,00   for the first reminder and 5,00   for the second reminder as well as the usual interest on arrears and additional actual expenses in the case of default.

8. Reservation of ownership and copyright

(1) If not agreed otherwise, the client has the right for the use of the translation only after full payment. (2) The translator has the copyright on the translation.

9. Legal venue and legal terms

(1) The legal venue is Dresden. German law shall apply. (2) In case of dispute the German version of the Terms and Conditions shall prevail.

Bettina Klein

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