LINGUA THINK TANK - Ihr Redaktions- und Übersetzungsbüro

General Terms and Conditions



 1. GENERAL REMARKS

(1) These terms and conditions are applicable for the whole correspondence between Mr. Christian Dick (TRANSLATOR) and his  customers (CLIENTS), insofar as no deviations have been expressly agreed upon or nothing else has been prescribed as indispensable.

(2) The General Terms and Conditions of the customer are only binding for the TRANSLATOR if they have been accepted in writing.

 

2. Execution

(1) The translation is executed on the basis of the Principles of the Proper Exercise of One's Profession. The CLIENT will receive the translation in the form agreed upon by contract.

(2) As far as no documents or special instructions have been submitted by the CLIENT, technical terms will be translated in the generally usual, semantically reasonable or generally understandable version.


3. Obligation of Assistance and Information of the CLIENT

(1)  The CLIENT has to inform the TRANSLATOR, at the time of placing the order at the latest,

with regard to special requirements for the execution of the translation (translation on data carrier, number of copies, readiness for publication, layout of the translation, etc). The customer has to indicate the purpose of the translation. If the translation shall be used for print products, the CLIENT shall provide the TRANSLATOR with a galley proof.

(2) The CLIENT shall provide information and documents (glossaries compiled by the customer, titles used within the company in question, drawings, charts, tables, abbreviations, etc) which are needed for the execution of the translation without being requested and in good time.

(3) The possible application of specific CLIENT-related terminology has to be agreed upon when the order is placed.

(4) The TRANSLATOR reserves the right to ask the CLIENT in case of a lack of clarity with regard to the source text. The TRANSLATOR, however, has the option in such a situation to carry out the translation to the best of his knowledge.

(5) The CLIENT shall be held responsible for mistakes or errors deriving from non-compliance with these obligations.


4. Correction of faults, errors, or faulty workmanship

(1) If the CLIENT complains about a serious fault or an error which objectively exists in the translation, the CLIENT is entitled to a correction of the fault or error contained in the translation.  The translation is regarded as implicitly accepted, unless the CLIENT does not raise any objection within a deadline of one week after the sending of the complete translation.

(2) The claim to the correction of faults must be submitted within seven (7) working days after receipt of the translation, together with details of the nature of the fault, mistake or error.  After this deadline has passed, the translation is regarded as having been accepted. The CLIENT has to concede an appropriate time-limit for the TRANSLATOR’S correction.

(3) In case of a failure of the correction of faults or of a failure of a substitute delivery, the legal rights under warranties shall remain applicable unless it has been agreed otherwise.

(4) If the CLIENT makes a warranty claim, the TRANSLATOR shall be entitled in any case to claim payment for the correctly translated lines/words

 

5. Delivery date

(1) Delivery deadlines and delivery dates are agreed at the time when the order is placed. They are binding. The service of the TRANSLATOR, however, is not delayed as long as the service is not carried out due to circumstances for which the TRANSLATOR is not responsible.

(2)  If non-adherence to the delivery deadline or delivery date is due to Force Majeure – this

covers especially strikes, orders by public authorities, breakdown of important means of communication, etc. – or if the CLIENT behaves in a way which is contrary to the contract, the TRANSLATOR shall be entitled to withdraw from the contract or to request an appropriate extension of time from the CLIENT for the translation.

(3) More extensive rights, such as damage claims of the CLIENT, are excluded in this case.

(4) In case of an amendment of the order, the delivery deadlines and delivery dates and remuneration have to be re-agreed.

 

6. Liability

(1)  In case of all possibly occurring problems the TRANSLATOR will ask for prior consultation in

order to be able to find an amicable solution.

(2)  The TRANSLATOR shall only be liable for gross negligence and intent. Liability in the case of

slight negligence shall only apply in the case of a breach of fundamental contractual obligations and shall be limited, except for injury to persons, to the amount of his consequential loss insurance. The TRANSLATOR is not liable for the consequences of Force Majeure and inevitable natural events.

(3) The TRANSLATOR is not liable for faults or errors in the translation which are due to badly readable, faulty or incomplete source texts or due to wrong terminology made available by the CLIENT.

(4) If in the case of words with several meanings, the meaning is only evident on the basis of the context  or a corresponding drawing, the TRANSLATOR cannot be held responsible for a faulty translation if the respective context or the corresponding drawing has not been made available in time.

(5) Liability of the TRANSLATOR for damage to or loss of materials supplied by the CLIENT is excluded. The CLIENT is obliged to ensure sufficient securing of his data.

(6) If the translations are sent by mail service or courier service, the risk of incidental destruction, incidental worsening or late delivery is transferred to the CLIENT at the time of the hand-over of the translation to the mail or courier service.

(7) The sending of the texts and data by electronic transmission happens at the CLIENT’S risk. The TRANSLATOR shall not be liable for defective, incomplete or lost texts or data.

(8) Should the TRANSLATOR be held liable for the infringement of any copyright or should demands in this respect be made by third parties, the CLIENT shall completely release the TRANSLATOR from his liability.

 

7. Professional secrecy

(1) The TRANSLATOR obliges himself to absolute discretion with regard to any information and documents the CLIENT discloses to him in connection with the order. A co-operation with colleagues who are also bound by professional secrecy does not constitute a breach of obligation for discretion.

 

8. Remuneration

(1) The TRANSLATOR’S remuneration has to be paid within 14 days after the date of the invoice without any discount. The TRANSLATOR is considered a small-sized entity (German tax law § 19.1) and can abstain from sales tax deduction.

(2) A price can be agreed per line, per word or per page. A lump-sum can also be negotiated.  The standard line contains 55 types including spaces and special characters.

(3) Apart from the remuneration agreed upon, the TRANSLATOR is entitled to the reimbursement of effectively arisen costs and to the expenses agreed upon with the CLIENT, such as costs for the transmission, transport and forwarding costs for the translation, costs for research work and consultations.

(4) In case of lengthy translation projects, the TRANSLATOR is entitled to demand an advance payment to the amount which is necessary from an objective point of view. In justified cases, the TRANSLATOR may make the delivery of his work subject to the prior payment of the complete remuneration.

(5) For orders requiring night, holiday and weekend work the CLIENT is obliged to indicate this in time when placing the order. In these cases the TRANSLATOR reserves the right to charge an additional fee.

(6) In case there is no agreement with regard to the amount of the remuneration, a reasonable and customary amount with regard to the kind and degree of difficulty of the work shall be payable. The provisions by the German Court Payment Act (law on the remuneration of experts, interpreters, TRANSLATORs and compensation of lay judges, witness and third parties) (in German Justizvergütungs- und entschädigungsgesetz, JVEG) shall be regarded as the minimum remuneration.

 

9. Reservation of ownership and copyright

(1) The TRANSLATOR shall retain ownership of the translation until complete payment of the sum agreed upon for the respective order is received. Until that time, the customer shall have no right to use the translation.

(2) The TRANSLATOR reserves his copyright of the translated documents.

 

10. Cancellation of the contract

(1) The CLIENT is only allowed to cancel the contract before the completion for important reasons.

(2) The cancellation shall only come into effect if it has been communicated to the TRANSLATOR in written form.

(3) In this case the TRANSLATOR shall be entitled to claim for damages for the amount of the remuneration for services rendered until the time of the cancellation, at the minimum, however, an amount of 50 % of the remuneration agreed upon as well as the reimbursement of the expenses which have effectively been incurred up to that time.

 

11. Applicable Law

(1) Any order or claim under this contract shall be governed by German law excluding any provision of international private law.

(2) If any of the clauses or any clause added to these terms and conditions in future is invalid, this shall not affect the validity of the other clauses of these terms and conditions.

(3) This English translation of the German original Allgemeine Geschäftsbedingungen is a voluntary courtesy translation provided to the customer. In the event of any dispute the German original shall prevail.

 

Lingua Think Tank
Consulting, Translation and Press Agency

 

Christian Dick

state-approved Translator for English

authorised by the President of the Higher Regional Court Düsseldorf

 

Glehner Weg 41 a
D-41464 Neuss

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