General Conditions of Business
1. Scope of application
1. These general conditions of business hold good for the entire business transactions between the translator and his customers given that nothing else has been expressly agreed to or is a prime legal requirement.
2. Only when the translator has expressly accepted the general conditions of business of the customer are they encumbent upon him.
2 . Extent of the translation order
1. The translation will be carried out with due diligence and in a proper manner. The customer receives the contractually stipulated translation. Any texts electronically sent by the customer will be confirmed in writing by the translator.
3 . Cooperation and information commitment by the customer
1. The customer is to inform the translator in good time about any translation forms (data media, number of copies, appearance etc.). If the translation is to be printed, the customer is to provide the translator with the final text for proof-reading.
2. The customer is to provide the translator – without being asked and in good time – with any information and documents needed to draft the translation (customer glossaries, images, drawings, charts, abbreviations etc.).
4. Annulment of the order
The translator is to be informed in writing of any order annulment by the customer prior to completion of the translation. In such an instance the translator may put in a claim for compensation for eluded earnings to reflect the actual stage reached in translation.
5. Eradication of shortcomings
The translator reserves the right to eradicate shortcomings. The customer is entitled to have any shortcomings rectified that arise in the translation. He is to state precisely where the shortcomings occur.
6. Liability
The translator is liable in instances of gross negligence and wilfulness. Only when substantial contractual commitments are infringed does any liability for minor acts of negligence enter into force.
7. Confidentiality
The translator commits himself to keeping all those matters confidential which he becomes aware of in his work for the customer.
8. Remuneration
1. Payment is due after examination of the translation and within 21 days from the date of invoicing per bank transfer, crossed cheque or in cash.
2. Aside from the agreed fee, the translator is entitled to a refund for expenses which actually arise and on which agreement has been reached with the customer. The value-added tax – to the extent as statutorily required - is additionally invoiced. Given lengthy translations a down-payment or instalment payments to reflect the amount of text completed can be requested.
3. If no payment is forthcoming by the due date, the customer automatically finds himself in arrears without further notification having to be made. From the start of arrears and irrespective of any further-reaching claims, the translator is entitled to invoice the customer with the costs of demands for payment and with the default interest.
9. Reservation on property and copyright
1. The translation remains the property of the translator up to complete payment.
2. The translator reserves his rights of copyright.
10. Applied law
1. German law applies to the order and all claims originating from it.
2. The effectiveness of these general terms of business is not affected by the ineffectiveness of individual conditions.
As of: 01/01/09
