1. Field of application

 

1.1 These general terms and conditions apply to contracts between translators and their customers if there is no other expressed agreement or an indispensable legal prescription.

 

1.2 General terms and conditions of the customer bind the translator only if he has expressly accepted them.

 

2. Extent of the order

 

2.1 The translation is thoroughly accomplished in accordance with the principles of proper professionalism. The customer receives the copy of the translation as agreed on in the contract

 

2.2  Questions of style are not subject of the translation

 

3. The customer’s obligation to co-operate and his duty of disclosure

 

3.1  The customer is obliged to inform the translator in due time about special forms of conducting the translation (translation on data carriers, number of copies, copies which are ready for press, external form of the translation etc.) If the translation is destined for print, the customer has to hand out a proof version to the translator.

 

3.2 Information and documents needed for the production of the translation have to be handed over to the translator by the customer unrequested and in due time (glossaries of the customer, pictures, drawings, tables etc.).

 

3.3 The translator is obliged to perform the accordant translation of abbreviations only if the customer delivers the complete meaning of the abbreviations, unless the abbreviations are commonly known.

 

3.4 If in case of words with several meanings the meaning of a word can only be deduced from the context or a drawing, the translator cannot be held responsible for a faulty translation if the respective context or the accordant drawing were not delivered by the customer.

 

3.5 For flaws that result from non-compliance with these duties the translator cannot be held responsible.

 

4. Removal of defects

 

The translator reserves to himself the right to remove defects. The customer has claims to removal of possible flaws in the translation. The customer has to assert his claims within an adequate period and give a detailed description of the flaw.

 

5. Liability

 

5.1  The translator is liable in cases of gross neglect or intention.

 

5.2 The liability of the translator is limited by the extent of his property damage liability in-surance.

 

6. Professional secrecy

 

The translator commits himself not to disclose any facts of which he acquires knowledge in the context of his work for the customer. The co-operation with colleagues also obliged not to disclose professional secrets is no violation of the duty to observe secrecy.

 

7. Payment

 

7.1. Payment has to follow right after control of the accomplished translation. The period for control has to be adequate. It can last maximally four weeks.

 

7.2 Apart from the agreed fee the translator has claims to compensation for all real expenses to which the customer agreed. In case of contracts with private customers the value added tax is included in the total fee and listed separately in the invoice. In all other cases it is additionally calculated as far as the law so prescribes. In case of voluminous translations the translator can demand the advance that is objectively needed for the accomplishment of the translation. In justified cases he can make the delivery of his work dependent on the prepayment of the total fee.

 

7.3 If there is no agreement on the amount of the fee, the customer owes an adequate and accepted fee as far as character and difficulty of the translation is concerned. Here apply the minimum standards prescribed by the law concerning compensation of witnesses and experts.

 

8. Property and copy right

 

8.1 The translation is property of the translator up to full payment of the fee. Before payment the customer has no usage rights.

 

8.2 The translator reserves to himself the copy right.

 

9. Applicable law

 

9.1 For the request and all claims springing from it only German law is applied. In the event of any legal dispute, the parties shall submit to the exclusive jurisdiction of the competent court of Bad Saulgau, Germany.

 

9.2 The effectiveness of these request conditions is not touched by the invalidity and ineffectualness of single stipulations.