GENERAL TERMS AND CONDITIONS

 

General Terms and Conditions (GTC) of the Language Service Bey

 

The translation of these General Terms and Conditions is provided as a service to our English-speaking customers. Please note, however, that in case of any inconsistencies between the English and the German version of the GTC, the German version shall prevail.

 

1.         Scope

(1)  These General Terms and Conditions apply to contracts between the translator of the Language Service BEY (hereafter referred to as the “Translator”) and the customer unless anything to the contrary has been expressly agreed upon or is mandatory by law.

(2)  The general terms and conditions of the customer are only binding for the translator if the latter has acknowledged them expressly.

 

2.         Scope of the Translation Order

The translation shall be performed with due care based on the principles of diligent professional practice. The customer shall receive the translation as stipulated by contract.

 

3.         The Customer’s Duties of Cooperation and Disclosure

(1)  The customer shall inform the translator in good time about any required specific executions of the translation (purpose of the translation, delivery on data media, number of copies, readiness for publication, layout etc.). If the translation is to be published, the customer shall transmit a proof sheet to the translator in good time to enable the translator to correct any mistakes if necessary. Names and figures must be checked by the customer.

(2)  Upon placing the order, the customer shall provide the translator with information and documents required for performing the translation (customer’s terminology, illustrations, drawings, tables, abbreviations, in-house terminology etc.).

(3)  The translator cannot be held responsible for any errors and delays resulting from a deficient or delayed delivery of information and instructions as mentioned under 3 (2).

(4)  The customer assumes the liability for the copyrights of a text ensuring that a translation thereof may be executed. The customer releases the translator from any third party claims.

 

4.         Customer’s Rights in case of Deficiencies and Liability of the Translator

(1)  The translator reserves the right to eliminate any deficiencies. The customer is entitled to the elimination of possible deficiencies the translation might contain.

(2)  Elimination of deficiencies must be claimed by the customer within 90 days after receipt of the translation (date of invoice). The customer must precisely specify the deficiency. If the client does not raise any objections in writing within the period mentioned above, the translation shall be deemed approved and accepted. In this event, the customer waives all legal claims he would have had based on any potential shortcomings of the translation.

(3)  If the translator does not eliminate the ascertained deficiencies within reasonable time, the customer may demand a reduction of the remuneration.

(4)  The translator shall be liable in case of gross negligence or intent. Damages caused by computer failure and malfunctions when sending e-mails, or damages caused by viruses are not regarded as gross negligence. The translator takes all necessary precautions by using anti-virus programs.

(5)  In accordance with the above mentioned paragraph of this article 4 (4) the customer’s claim for damages against the translator is limited to Euros 5,000.

(6)  The exclusion or limitation of liability according to article 4 (4) and (5) shall not apply to damages suffered by a consumer from the injury to his/her life, body or health.

(7)  The customer’s claims against the translator for translation defects (in accordance with § 634a BGB [German Civil Code]) are subject to a limitation period of three months from the date of acceptance of the translation, except in the event of malice.

(8)  If the customer insists on the use of his terminology, the translator shall be relieved from any liability resulting from its use.

(9)  If the client fails to fulfill his obligations or if he provides deficient or incomplete source texts the translator cannot be held responsible for it.

 

5.         Acts of God and Event of Illness

(1)  Delivery dates are binding.

(2)   If a delivery deadline cannot be met due to acts of God or due to an unforeseen illness of the translator the translator shall immediately inform the client of it. In such exceptional circumstances, the client and/or the translator are entitled to withdraw from the contract in whole or in part. This must be done in writing. Any further rights, especially damage claims, are eliminated in such cases.

(3)  Only with the consent of both parties, a grace period may be granted. This must be done in writing.

 

6.         Professional Discretion

The translator commits himself to maintain secrecy regarding all the information he is entrusted with by the customer for the execution of his translation order.

 

7.         Involvement of Third Parties

(1)  The translator is entitled to consult third parties to ensure the proper execution of the translation order.

(2)  If a consultation of third parties becomes necessary for the proper execution of the translation order the translator shall ensure that these third parties also comply with the professional discretion clause as mentioned above.

8.         Remuneration

(1)  Payment is due after receipt of translator’s invoice either upon agreement of advance payment or within 14 days following the date of invoice.

(2)  In case of large-scale translation orders the translator shall be entitled to request an adequate advance payment. In advance, the translator may reach a written agreement with the customer that the delivery of this translation is subject to advance payment.

(3)  All prices are net prices, plus VAT unless the order is subject to the German act “Kleinunternehmer-Regelung” [Small Business Act] according to the German § 19 UStG [Turnover Tax Act].

(4)  In addition to the agreed remuneration, the translator is entitled to reimbursement of any expenses incurred and previously agreed upon with the customer. In every case, VAT will be charged additionally wherever required by German law.

(5)  If a remuneration agreement has not been made in advance, a translator’s fee depending on the translation type and the difficulty of the source text is due.  To this effect, the applicable rates of the JVEG [German Law on Payment and Compensation of Sworn Translators by Legal Authorities] shall be considered as a guideline and as an applicable minimum.

 

9.         Reservation of Ownership and Copyright

(1)  The translator shall remain the owner of the translation until complete payment has been effected. Until then, the customer has no usufructuary right.

(2)  The translator reserves his copyright.

 

10.       Applicable Law and Place of Jurisdiction

(1)  The order and all claims resulting from it shall be subject to the Law of the Federal Republic of Germany.

(2)  The place of performance shall be the place of residence or the registered office of the translator.

(3)  Place of jurisdiction is the place of performance.

(4)  The contractual language is German.

 

11.       Severability Clause

The validity of these terms and conditions as a whole shall not be affected by the invalidity and ineffectiveness of individual clauses. The invalid clause is to be replaced by a valid one, corresponding as closely as possible to the economic result or the intended purpose of the invalid clause.

 

12.       Amendments and Supplements

Any changes and amendments of these general terms and conditions are not valid unless made in writing. This also applies to the modification of the need for written document.

 

Meißen, September 2010