General Terms and Conditions

General
The translations are done exclusively on the following terms. Different agreements require our explicit, written confirmation.
Orders of every kind have to be clear about the subject-matter of the business; corrections, verifications or recurrences have to be distinguished as such. Written orders have to be signed properly.
We are not liable for the delays or mistranslations, which are caused by inaccurate, incomplete, ambiguous or illegible data of the customer.
The same applies to orders placed in oral form or by telephone.
We are entitled to rescind from a commission after unconditional confirmation, if information received belatedly about the customer is not satisfactory.
Verbal side agreements are valid only subject to written confirmation.
Execution through third-parties: We are authorized to make use of third parties for the execution of all business proceedings if we consider it to be appropriate according to our judgement. We are only legally responsible for the careful selection.


II Principles of the Calculation
Translation work is charged in accordance with the extent and level of difficulty. The extent is calculated according to the number of lines in the source language.
A single translation line has an average of 50-55 keystrokes. Commenced lines starting from 30 keystrokes are charged full price. In the case of listing of individual terms each of those terms is counted as a single line. In the case of charts and directories (e.g. lists of words) the standard line is bisected because of the considerable additional time and effort.
Elaborate layout formatting is adopted by request and is charged additionally according to expenditure.
The texts are divided according to difficulty into:
a) easy: Texts which don’t contain any terminology from technology, economy, law, medicine etc.
b) difficult: Texts which contain terminology such as technical manuals, specialized correspondence etc.
c) especially difficult: Texts which require a deepened knowledge in a special field because of the terminology used as well as the subject matter.
We reserve the right to grade the texts according to the abovementioned difficulty levels.
In the case of rush orders and orders, which have to be finished completely or partly outside of the regular working period (e.g. in the evening or on weekends) because of a late delivery, surcharges of 50% are charged.
Minimum charge for translation work: At the minimum 5 lines are charged per commission even if the text is shorter.


III Payment
The translations are services which are payable net immediately after receipt of the invoice.
The payment is made as prepayment via PayPal.


IV Date of Delivery
The delivery dates confirmed by us are as a general rule adhered to. If the non-compliance of delivery dates is based on force majeure we are entitled to either rescind the contract or to demand an appropriate additional respite from the customer.
Further rights, in particular indemnity, are in these cases excluded.


V Execution
All translations are made as effectively as possible. Technical terms are translated into the commonly used lexical or generally intelligible version if no particular instructions or glossaries have been submitted.
The translation is made according to the form of the original text when not explicitly requested differently.


VI Notice of defects
Grammatical, factual or clerical mistakes must be reported immediately.
The customer is entitled to a correction. The customer may claim a credit note or price reduction if a correction is not possible or abortive. Right of retention as a result of alleged defects is excluded in the case of remuneration.
If the customer does not request a correction, whatever the reason, then she/he is not able to reduce the fee or refuse payment. In the case that the customer does not give a possibility for subsequent improvement within an appropriate period of time no indemnity is possible.
Claim for damages, for whatever legal reasons, is excluded provided we are not liable for malice or gross negligence according to legal regulations.
The liability is restricted to the invoice value of the consignment which caused the damage, if the customer has failed to point out the harm which could be caused for the customer by a flawed translation.
If the customer does not want to use the text only for information but also publish or even use the text for advertising purposes, the customer must give a special order for the text or for the adaption of the advertising text. Conditions are arranged for each case individually. If the customer omits these special orders and publishes the translated text, he/she cannot claim any indemnity which is caused by the repeated publication because of mistranslations or a flawed adaption.


VII Governing Law
German law applies for the commission and all consequential claims.
The effectiveness of these conditions of contract is not affected by the invalidity and ineffectiveness of individual clauses

© by A. Fuchs