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General Terms and Conditions
rev. 01/10
1. Scope
(1) These General Terms
and Conditions apply to contracts between the certified and sworn
translator and interpreter Kai Zimmermann, Boumannstraße 24, 46325 Borken,
Germany (hereinafter “the Translator”) and his customers (“Clients”),
unless anything else is expressly agreed upon or legally required.
(2) The Translator shall not be bound by the Clients’ terms and conditions,
unless he expressly acknowledges them in writing.
2.
Obligation of the Client to cooperate and provide information
(1) In the case
of translation orders, the Client shall inform the Translator about special
requirements relating to the form the translation should take (translation
on storage media, number of copies, appearance of the translation, etc.)
not later than the time at which the order is placed. The purpose of the
translation shall be stated. If the translation is to be published, the
Client shall provide the Translator with a galley copy for proofreading in time
good for the press so the Translator is able to remove any mistakes. In the
case of interpreting orders, the Client shall inform the Translator in good
time of the special nature of the job – difficult conditions and special
services (recording, film show, etc.) may require an additional charge to
be agreed upon. The same applies with regard to other orders.
(2) The Client
shall provide the Translator, without being asked and in good time but in
no event later than at the time of the placing of order, with any
information and documents necessary for rendering the translation,
interpreting or any other services agreed upon (glossaries of the Client,
preparatory documents for the interpreting assignment, illustrations,
drawings, tables, abbreviations, etc.).
(3) Expenses and
delays resulting from failure to comply with these obligations shall be
covered by the Client.
(4) The Client shall be
responsible for the rights in a given text and ensure that its translation
is permitted. The Client shall indemnify the Translator against any related
third party claims.
3.
Performance and correction of defects
(1) The
Translator shall render the services agreed upon carefully and in
accordance with the principles of good professional practice. The Client
shall receive the translation in the form contractually agreed upon.
Technical terms shall be translated into the generally used, lexically
justified and/or generally comprehensible version unless special
instructions are enclosed by the Client. The Translator shall be obliged to
work to the best of his knowledge and belief. He shall not be subject to
any obligation above or beyond this.
The interpreting
service rendered is intended exclusively for immediate hearing. Recordings
shall only be permissible if prior approval is obtained from the
Translator. Any further use (e.g. direct transmission) shall require a
separate contractual agreement.
(2) Translation
errors due to illegible, incorrect or incomplete text material or incorrect
or wrong terminology provided by the Client shall not be the responsibility
of the Translator.
(3) Different
views as to good style shall not constitute a defect.
(4) The
Translator reserves the right to supplementary performance. The Client shall
have an initial right to correction of any defects in the translation.
(5) When claiming
supplementary performance the Client shall exactly specify the purported
defect.
(6) The Client’s
right to correction of defects shall be excluded if the Translator does not
receive any notice of defects within 2 weeks of delivery of the
translation.
(7) If the
Translator does not correct a claimed defect within a reasonable period of
time or if the Translator refuses the correction of a claimed defect or if
the correction of a claimed defect is deemed to have failed the Client
shall, upon consulting the Translator, be entitled to have the defect
corrected by another translator at the expense of the Translator or claim a
reduction of the remuneration or rescind the contract. The correction of
defects shall be deemed to have failed if, after several attempts to
correct the defects, the Translation still contains defects.
(8) Dates and
times for delivery shall be agreed upon when an order is given and shall be
binding. However, the Translator shall not be in default if the services
cannot be rendered as a result of circumstances beyond his control. If the
failure to deliver on time or to render other services agreed upon is due
to force majeure, the Translator shall be entitled to withdraw from the
contract or to require from the Client a reasonable period of respite.
Payment obligations already incurred shall be fulfilled in any event. In
addition, the Client shall be obliged to reimburse any expenses incurred by
the Translator and to pay for any services already rendered. In these cases
further rights, in particular claims for damages, shall be excluded. In
case of a change of the subject matter of the order, the terms of delivery
and fees shall be negotiated anew.
(9) If the
Translator is prevented by a justifiable reason from fulfillment of his
contractual interpreting obligations, he shall do his utmost (in as far as
this can be reasonably expected of him) to ensure that another professional
interpreter takes over the duties under the terms of the contract
concerned. The engagement of such a professional colleague shall be subject
to approval by the Client.
4.
Liability
(1) The
Translator shall be liable for damage caused intentionally or by gross
negligence. Gross negligence shall not cover damages caused by computer
malfunction or e-mail transmission errors or viruses. The Translator,
however, takes precautions by installing anti-virus software. Liability for
damage caused by slight negligence shall arise only if the Translator is in
breach of substantial contractual obligations.
(2) Any claim of
the Client to the Translator for compensation of a loss in accordance with
the fourth sentence of paragraph (1) of section 4 shall be limited to 5,000
EUR.; a higher compensation may be agreed upon in individual cases.
(3) The exclusion or
limitation of liability in the paragraphs (1) and (2) of section 4 does not
apply to death, injury or damage to health sustained by a consumer.
(4) Claims of the
Client to the Translator for defects in a translation (sec. 634a BGB) shall
be subject to a limitation period of one year except in the case of malice.
(5) Notwithstanding
sec. 634a BGB the liability for consequential losses shall be subject to
the limitation period provided by law. This is without prejudice to para. 1
of sec. 202 BGB.
5.
Professional confidentiality
The Translator
undertakes to treat any information or documents received from the Client
relating to an order with confidentiality and not to derive any benefit
from such.
6.
Assistance by third parties
(1) The Translator may
use employees or competent third parties for the execution of the order.
(2) If the Translator
uses competent third parties he shall ensure that they commit themselves to
confidentiality in accordance with section 5.
7.
Remuneration and basis of calculation
(1) The
calculation basis of a translation (e.g. source or target lines, words or
pages) shall be agreed upon in advance.
(2) The fee for
interpreting orders shall, as a rule, be agreed on an hourly basis.
(3) The fee shall
be due and payable in full within thirty days after the invoice date.
(4) All prices are net
and excluding value added tax.
(5) In addition
to the fee agreed upon, the Translator shall be entitled to reimbursement
of actual expenses incurred and agreed with the Client. Proof-reading
services shall be remunerated on the basis of the time spent. In all cases
value added tax will be additionally charged if required by law. The
Translator may require an advance in the case of large-volume orders. He
may make the rendering of his services conditional upon prior payment of
his full fee.
(5) If the amount
of the fee is not agreed in advance, the Client shall pay the Translator an
appropriate remuneration corresponding to the nature and difficulty of the
services rendered. This remuneration shall not be lower than the rates
specified in the Judicial
Remuneration and Compensation Act (Justizvergütungs- und
entschädigungsgesetz – JVEG), as amended.
8.
Reservation of title and copyright
(1) Translations shall
remain the property of the Translator until all receivables have been paid
in full. Prior to this point in time, the Client shall have no right
whatsoever to use or exploit the translation.
(2) The Translator reserves any copyright.
9.
Termination of the contract
If a translation order
is placed due to the fact that the Translator has offered translation
services on the internet, the client waives any right to withdrawal of the
order in case the Translator has already started translating and notified
the Client accordingly. The Client may only cancel the contract at any time
before the completion of the translation or the rendering of the
interpreting services if a justifiable reason is cited. Termination shall
only be effective if notice has been given in writing. The Translator shall
be entitled in such cases to a fee calculated in accordance with the agreed
calculation basis for the translation work completed up to the time of
termination, along with damages for lost profit up to the amount of the
order. In the case of interpreting orders, the Translator shall be entitled
to the agreed fee as well as reimbursement of expenses demonstrably
incurred. If the Translator receives another order for the time of the
terminated interpreting order, he may deduct the fee received for the new
order from the fee for the terminated order.
10.
Applicable law
(1) All orders and any
claims arising from such shall be governed by German law. The place of
jurisdiction shall be the place of business of the Translator.
(2) The validity of the remaining provisions of these General Terms and
Conditions shall remain unaffected if individual provisions are rendered
void or invalid.
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