1          Scope

(1) These terms and conditions apply to contracts between translators and their clients unless other conditions are agreed explicitly or are stipulated unalienably under the current law.

(2) The client’s terms and conditions are binding for the translator only if he acknowledged them explicitly.

2          Obligation to cooperate and provide explanations

(1) The client will inform the translator no later than together with the order about special presentation styles of the translation (e.g. translation on data storage media, number of copies, layout of the translation etc.). The purpose of the translation has to be disclosed. If the translation is to be printed, the client will provide the translator with a trial proof for corrections.

(2) The client will provide the translator with information and documents necessary to establish the translation without special request together with the order (e.g. client’s glossary, figures, drawings, tables, abbreviations etc.).

(3) Errors and mistakes resulting from non-compliance with these obligations will be at the client’s expense.

3          Performance and remediation of deficiencies

(1) The translation is based on generally accepted principles of translation. Unless no documents or special instructions are provided by the client, technical terms will be translated into a version that is in common usage, lexically justifiable or intelligible to all.

(2) Translation deficiencies that are due to illegible, faulty or incomplete original texts or else to faulty or incorrect client-specific terminology are not part of the translator’s scope of responsibilities.

(3) Should the client rebuke the translator for an obvious and significant deficiency in the translation, he has a right to the remedy of the translation deficiencies by the translator. The translator has to be informed of this claim by the client without any delay and in writing with an exact specification of the deficiency. The translator has to be granted a reasonable period time for the remedial work.

(4) The claim for remedy is impossible if the notice of deficiency will reach the translator more than two weeks after delivery of the translation.

(5) Should the remedy or a new translation fail, the implied warranty will come into force unless otherwise stipulated.

(6) Periods and deadlines of delivery are agreed in the contract and have a binding effect. However, the translator will not get behind schedule as long as the performance is lacking for reasons for which he is not responsible. If a deadline cannot be observed due to force majeure, the translator may either cancel the contract or demand an appropriate extension of time. Claims for further rights, in particular the claim for damages, are impossible under these circumstances. Should the subject of the contract be changed, delivery periods and fees have to be agreed upon once more.

4          Liability

(1) The translator is liable to an adequate extent for gross negligence and deliberate intention. Liability for ordinary negligence only applies to violation of substantial contract issues.

(2) The translator is not liable for damage or loss of the objects given to him by the client. The client has to take care for sufficient saving of his data.

5          Confidentiality

The translator commits himself to treat information and documents confidentially that were submitted by the client together with the contract.

6          Fees and calculation basis

(1) Basis of the extent of a translation is the number of standard lines of the complete translation. The specification of a standard line is 55 characters including spaces. The price per line depends on the level of difficulty of the text.

(2) If a series of similar texts in a modular conception are to be translated, an adequate all-inclusive price per document shall be agreed in writing as a compensation for partly identical elements.

(3) The fee is due for payment immediately after delivery of the translation.

(4) In addition to the agreed fee, the translator is entitled to reimbursement of the real expense. Corrections are invoiced per time expense. The translator may demand an objectively necessary down-payment for extensive translations. He may withhold his work until the complete fee will have been paid.

(5) If the fee was not agreed, the client owes the translator an adequate and common remuneration. The minimum levels that are regarded as adequate and common are listed in the German Law on Remuneration and Damages for Judicial Officers (JVEG Justizverguetungs- und Entschaedigungsgesetz, 2016).

7          Title retention and copyright

(1) The client has the right to make use of the translation only after complete payment of the fee.

(2) The translater owns the copyright of the translation.

8          Notice of contract termination

The client may terminate the contract prior to completion of the translation only for substantial reasons. The termination will be valid only if it was expressed in writing. In this case, the translator is entitled to damages for lost profit amounting to the contract value.

9          Applicable law

(1) German law applies to the contract and any claims resulting thereof. Court of jurisdiction is the site of the translator.

(2) The validity of these contractual terms and conditions is not impaired by any nullity and ineffectiveness of individual stipulations.