§ 1 Applicability
These General Terms and Conditions apply to all contracts with wittenbrink.translation – Gabriele Fülbier-Wittenbrink, hereafter referred to as ‘translator’, and the clients, unless otherwise expressly agreed upon or legally required.General Terms and Conditions made by the client are not effective unless the translator has expressly accepted them.
§ 2 Scope of the translation order
The translation shall be duly carried out according to principles and standards of the profession. The client shall receive a copy of the translation as agreed in the contract.
§ 3 Obligation of the client to cooperate and provide information
The client shall inform the translator about special requirements of the translation (i.e. intended purpose, delivery on data medium, number of copies, readiness for publication, layout of the translation, etc.) in due time. In case a translation is intended for publication, the client shall provide the translator with a proof print duly before printing, as to correct any possible errors or mistakes. Names and figures have to be checked by the client himself.
When placing an order the client shall provide the translator with any information and documentation necessary to prepare the translation (client’s terminology, pictures, drawings, charts, abbreviations, internal terms, etc.).
The translator shall not be held responsible for any mistakes and delays resulting from lacking or late information and instructions.
The client shall assume liability for all rights of a text and shall ensure that it is allowed to translate the same. The client shall hold harmless and indemnify the translator from any corresponding third party claims.
§ 4 Correction of faults or errors
The translator reserves the right of correction of faults, mistakes or errors. The client shall be entitled to ask for a correction of faults, mistakes or errors contained in the translation. The claim to a correction has to be asserted by the client indicating in detail the nature of the fault, error or mistake.
Unless the client complains in writing within 14 days after receipt of the translation, the translation shall be considered to be approved by the client.
§ 5 Liability
The translator shall only be liable for gross negligence and intent. Liability in case of slight negligence shall only apply in case of breach of fundamental contractual obligations. Liability of the translator shall be limited to the invoice amount.
§ 6 Secrecy
The translator shall not disclose any information to third parties regarding any documents of the client or content thereof. The translator shall be permitted to include third-party expert advice or further colleagues for the execution of the order in consideration of secrecy.
§ 7 Payment
Invoices of the translator are payable within 14 days from the date of invoice. Prices are to be understood net plus valid VAT.
Beside the agreed fees the translator shall be entitled to receive compensation for expenditures brought into agreement with the client. In either case VAT shall be charged separately, if legally required.
For large translation projects the translator is entitled to demand for an advance payment of an appropriate amount and/or agree upon instalments payable according to the agreement.
§ 8 Retention of title and copyright
The translator shall retain title to the translation until full payment has been received from the client. Until that time, the client shall have no right to use the translation.
The translator reserves the copyright of the translation.
§ 9 Right to withdraw from a contact
The client shall only cancel the contract at any time before the completion of the translation if a justifiable reason is stated. Termination shall only be effective if notice has been given in writing to the translator. In such case the translator shall be entitled to a fee calculated in accordance with the agreed calculation of the order based on the translation work completed up to the time of termination, along with damages for lost profit up to the amount of the order.
In case of a translation order placed on the basis of an internet offer the client shall abandon any possible right of withdrawal in such case as the translator has already started with the translation work.
§ 10 Applicable law
Any order or claim under this contract shall be governed by German Law. Jurisdiction and place of performance shall be Cologne, the translator’s place of business.
Should any clause in these general terms and conditions be or become invalid in full or in part, this shall not affect the validity of the remaining clauses or remaining parts of the clause concerned. Any invalid arrangement shall be replaced by an effective one which conforms as far as possible to the economic purpose of the invalid clause.
In any kind of dispute the German original of these General Terms and Conditions shall apply.
June 2007