General Terms & Conditions


The following Terms and Conditions shall apply exclusively and for all agreements concluded with me also in future unless otherwise explicitly agreed. The Client’s deviating terms and conditions shall not be binding for me also if I do not explicitly object to them. When placing the order, the Client confirms to have read and to accept these General Terms and Conditions. An order is considered to be placed when all texts to be translated and/or proofread / copy-edited were delivered and I explicitly accepted the order.

A. Agreement and delivery

1. Quotes shall be subject to confirmation. Content and scope of my duty to perform shall solely result from this contract; my written confirmation of order shall be decisive. Side agreements and adjustments shall require my written confirmation to become effective.

 

2. Deadlines shall be non-binding unless they are explicitly confirmed in writing. The adherence to my duty to perform presupposes the timely and proper fulfilment of the Client’s obligations. The confirmation of deadlines that may start at the day of confirmation of order shall be subject to the Client’s contractually agreed participation. Partial deliveries and invoices shall be permissible as far as deemed acceptable to the Client.

 

3. With the placement of the order result obligations to cooperate and to inform on part of the Client serving the best possible realization of the order. This shall include in particular:

  • Communication of the intended purpose: The Client shall be obliged to inform me about the purpose of the text I am asked to translate or proofread / copy-edit. Since depending on the intended purpose different requirements regarding the language to be used in the text processing may apply any claims for compensation of damages against me or claims for reduction of the invoiced amount shall be excluded in case the Client uses the translated or proofread / copy-edited text for another purpose than the one stated in the placement of order.
  • Specification of desired terminology: As far as the Client requests the usage of specific terminology he shall inform me and deliver respective documents. This shall apply accordingly for language versions. In case special spelling differing from the common use that shall not be corrected when proof-reading / copy editing then the Client shall inform me in writing.

As far as the Client does not adhere to his obligation to participate and inform he shall not be entitled to claim that the order has not been carried out according to his wishes after the order has been completed.

 

4. The time of performance shall be prolonged reasonably in case of unforeseeable events that I cannot avert despite reasonable care taken in accordance with the circumstances and applying reasonable means irrespective of the fact whether the circumstances occurred to me or my suppliers. Unforeseeable events may be operational interruptions, illness or energy supply difficulties. I shall inform the Client about those events immediately.

 

5. In case of an unjustified withdrawal from the contract, an unjustified cancellation or prevention of the fulfilment of the contract on part of the Client then he shall be obliged to pay a lump-sum compensation of 30 % of the contract value unless he proves that the damage is considerably lower. I serve the right to claim higher damages.

B. Terms of payment

1. All invoices shall be payable without deduction at the latest two weeks after receipt of invoice. Until receipt of full payment I reserve the right of usage for the texts processed by me; a usage of the texts processed by me on part of the Client shall not permitted.

 

2. The Client shall only be entitled to offset counterclaims that are undoubted or legally binding and shall only be entitled to refuse of withhold his performance based on those counterclaims.

 

3. In case of delayed payments default interest in the amount of five per cent above the base rate issued by the European Central Bank p.a. shall be due. If I sustain a demonstrably higher damage due to the delay then I shall be entitled to enforce such damage.

 

4. In case of non-compliance with the agreed payment conditions on part of the Client I shall be entitled to stop the work on the texts submitted to me until the Client complies with the payment obligations. This shall also apply to orders for which a fixed deadline was agreed. The Client shall not be entitled to claim any damages resulting from the interruption of work.

 

5. I furthermore reserve the right to realize orders for Clients who showed a “bad payment moral” only with advance payment.

C. Warranty

1. Translations into another language cannot be perfect due to the nature of subject; the Client can considerably contribute to the improvement of quality if he provides glossaries and/or reference material. The translation service does not include consultation regarding culture-specific or legal particularities in the country of the target language.

 

2. If a translation is to be printed, proofs are to be submitted to be before printing is started.

 

3. Proof-reading aims at the highest possible reduction of all mistakes made by the Client in the source text. This means that the Client’s text is proof-read regarding correct orthography, grammar, punctuation and hyphenation and that the corrections are highlighted in such way that the Client can trace them. The Client herewith explicitly accepts that after completion of proof-reading there may remain some mistakes in the above mentioned sense. Reasons can be:

  • high number of mistakes in the source text (an average of more than ten mistakes per page)
  • proof-reading of a text within a very short period of time (more than 40 pages per day) upon the Client’s request.

Note: One page comprises 30 lines à 52 characters, thus 1,650 characters incl. blank spaces and footnotes.

 

4. A guarantee for complete absence of mistakes is generally excluded for translations and proof-reading / copy-editing.

 

5. Stylistic changes in a major scope are understood as additional service (copy-editing) which can be additionally invoiced by me. The invoicing is realized after consultation with the Client. Consequently, services that exceed a simple translation or proof-reading can be invoiced separately. As far as not agreed otherwise adjustments to the order or additional orders can be invoiced at a reasonable rate. Urgent and weekend orders will be invoiced at a higher rate as agreed in the individual case.

 

6. The Client shall be obliged to inform me immediately in writing about obvious defects in my work or immediately after detection of hidden defects by stating the wording of the objected text and with detailed reasoning. If this right is not enforced within 10 working days after delivery of the agreed service then it shall be deemed as accepted. In case of justified complaints, I shall be granted a reasonable period of time for rectification. If I cannot provide such rectification the Client shall be entitled to a reasonable reduction of the invoiced fee.

 

7. If a defect or another breach of obligation lead to damage I shall be liable subject to the statutory provisions as far as it concerns personal injury, the damage is subject to the German Product Liability Act (ProdHaftG) or is based on intent or gross negligence. As far as the damage is caused by a culpable violation of a fundamental contractual obligation I shall only be liable for contract-typical damages. Further contractual or tortious claims for damages on part of the Client shall be excluded. I particularly shall not be liable for indirect damages, for loss of profit or other financial losses on part of the Client unless my statutory representatives or agents act with intent or gross negligence.

 

8. I shall not bear any responsibility also within the complaint period for texts delivery by me and changed subsequently by the Client. In such cases, I shall not be made liable and the enforcement of claims against me shall be generally excluded.

D. Limitation

The Clients right to claim subsequent performance, right for withdrawal, reduction of fee as well as compensation for damages shall be limited to one year starting with my delivery subject to §§ 202, 634a para. 3 German Civil Code (BGB).

E. Obligation of secrecy

In the scope of an order I shall be obliged to maintain secrecy. I guarantee my clients to keep the content of their submitted texts secret. 100 per cent confidentiality, however in particular due to the common electronic communication (e-mail), cannot be guaranteed. I thus shall not be liable for respective interferences by third parties. In the interest of the Client I shall be entitled but not obliged to save and keep backup copies of the source and target texts.

F. Final provisions

1. The Client shall inform me about all changes and adjustments influencing the realization of my services (e.g. new address, new e-mail address) and the contractual relationship (e.g. change of name) immediately in writing or by e-mail to kontakt@gretel-translations.com.

 

2. All changes to this Contract and all special agreements shall be made in writing; this shall also apply to changes to the written form requirement.

3. If individual provisions of these General Terms and Conditions be or become invalid that does not affect the legal validity of the remaining provisions.

 

4. Place of jurisdiction for all legal disputes under the contractual relationship as well as about its creation and effectiveness including actions due to checks and bills of exchange, and the place of performance for all my obligations under this contractual relationship shall be my office. The place of jurisdiction shall not be exclusive.