General Terms and Conditions 


The General Terms and Conditions recommended by the BDÜ (Bundesverbandes der Dolmetscher und Übersetzer e.V. - Federal Association of Interpreters and Translators) apply.



1. Applicability

(1) Unless expressly otherwise agreed or legally mandatory, these terms and conditions shall apply to any agreement between Johanna Barra, hereinafter referred to as “translator”, and her customers.

(2) The customer‘s general terms and conditions will only be binding for the translator, if expressly acknowledged by her.

 

2. Scope of translation order

The translation shall be realized accurately, in accordance with the relevant professional principles. It will be delivered to the customer in the contractually agreed form.

 

3. Customer's duty to co-operate and to inform

(1) The customer shall inform the translator in a timely manner about the desired forms of the translation (purpose, supply on data media, number of copies, readiness for printing, layout of the translation etc.). If the translation is designated for printing, the customer shall provide the translator with a galley proof in sufficient time prior to printing, to enable the translator to correct any errors. Names and figures are to be verified by the customer.

(2) When placing the order the customer shall provide the translator with all information and documents required to prepare the translation (such as customer glossaries, images, drawings, tables, abbreviations, in-house terms etc.).

(3) The translator will not be responsible for any errors or delays incurred by the faulty or delayed supply of information material and instructions.

(4) The customer assumes the liability for the rights to the text and makes sure that the translation of the text can be carried out. The customer indemnifies the translator from any third party claims.

 

4. Customer’s rights in case of errors

(1) The translator reserves the right to rectify any errors. The customer has a claim of rectification of possible errors in the translation.

(2) The claim of rectification of errors must be asserted by the customer whilst specifying the error in details.

(3) If the translator doesn’t rectify the asserted errors within an appropriate period of time, or refuses to rectify the errors, or if the rectification of errors is deemed to have failed, the customer may have the errors rectified by another translator after consultation of the assigned translator and at the expense of the translator, or alternatively request a reduction of the remuneration or rescind the contract. The rectification of errors is deemed to have failed if the translation still contains errors even after several attempts of error rectification.

 

5. Liability

(1) The translator is liable for gross negligence and intent. Damages incurred by computer failure and e-mail transmission failure, or damages due to viruses are not regarded as gross negligence. The translator shall take precautions against such damages by means of anti-virus software. A liability for slight negligence shall only apply in case of violation of primary contractual duties.

(2) The customer’s claim for damages according to item 5 (1) phrase 4 against the translator is limited to Euros 5,000; in individual cases it may be possible to agree explicitly upon a higher claim for damages.

(3) The exclusion or limitation of the liability according to item 5 (1) and (2) do not apply to damages incurred by a consumer from the injury to his life, body or health.

(4) The customer claims against the translator for errors in the translation (§ 634a BGB (German Civil Code)) become time-barred one year after the acceptance of the translation, except in the case of malice.

(5) The liability for consequential harm caused by defect is limited to the legal limitation period, contrary to § 634a BGB (German Civil Code). § 202 Abs. 1 BGB (German Civil Code) remains unaffected.

 

6. Professional secrecy

The translator shall maintain secrecy about all the facts of which he becomes aware in connection with her activities for the customer.

 

7. Cooperation of third parties

(1) The translator shall be entitled to consult qualified collaborators or other qualified third persons to execute the order.

(2) In case of consultation of third persons, the translator makes sure that confidential information will also be treated as confidential in accordance with 6 (1) by this person.

 

8. Remuneration

 (1) The translator’s invoices are due for payment without any deduction within 14 days from the date of the invoice.

(2) The prices are net prices plus the legal VAT.

(3) In addition to the agreed remuneration the translator has a claim for reimbursement of any expenses actually incurred and agreed upon with the customer. In every case, VAT will be charged in addition as far as required by law. The translator may request an adequate advance payment for large-scale translation projects. The translator may agree in writing beforehand with the customer that the translation delivery is subject to the prior payment of the full amount of remuneration.

(4) If no agreement has been made as to the amount of remuneration, the translator is entitled to receive a remuneration that is deemed reasonable and usual for the type and level of difficulty of the translation. In this case the remuneration will not be less than the rates specified in the “Justizvergütungs- und -entschädigungsgesetz” (JVEG, German Court Payment and Reimbursement Act).

 

9. Retention of title and copyright

(1) The translation shall remain property of the translator until full payment of the remuneration. Until then, the customer shall not have the right to use the translation.

(2) The translator reserves the right for a possibly originated copyright.

 

10. Right of rescission

If the placing of a translation order is based on the fact, that the translator has offered her services via internet, the customer shall renounce his possible right of rescission if the translator has already started her work and has informed the customer thereof.

 

11. Applicable law

(1) German law shall apply for any order and any claims arising in connection with it.

(2) Place of fulfilment is the residence of the translator or her business seat.

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

(4) Contractual language is German.

 

12. Severability clause

Should one or more of the clauses of these terms and conditions be or become null and void, this shall not affect the validity of the remaining clauses.

The invalid clause is to be replaced by a valid clause which comes as close as possible to the economical success and to the intended purpose.

 

13. Changes and amendments

Changes and amendments of these terms and conditions are only valid if they have been agreed in writing beforehand. This also applies to an alteration of the requirement for writing form.


April 2011


powered by a3 systems GmbH Content Management System mydante