General Terms of Business
- These Terms of Business apply to contracts between the translation company Certified Translations Mannheim (hereinafter Certified Translations Mannheim) and the customer (Client) unless expressly agreed otherwise or otherwise required by law.
- The general terms of business of the Client shall only be binding for Certified Translations Mannheim if they have been expressly recognised by Certified Translations Mannheim.
2. Client's duty to cooperate and provide information
- At the latest at the point in time at which an order is placed, the Client shall inform Certified Translations Mannheim of any special requirements for the translation (translation on data carriers, number of copies, format of the translation etc.). The purpose of the translation is to be specified.
- Information and documents which are essential for the preparation of the translation shall be provided to Certified Translations Mannheim by the Client without the need for this to be requested and at the point in time at which the order is placed (Client’s glossaries, figures, drawings, tables, abbreviations etc.).
- Errors which result from non-compliance with these duties shall be borne by the Client.
3. Completion and correction of errors
- The translation shall be carried out in accordance with the principles of proper professional conduct. Specialist terms shall, insofar as no documents or special instructions were provided by the Client, be translated into the commonly used, lexically acceptable and generally comprehensible version.
- Defects in the translation which can be traced back to the poor legibility, incorrectness or incompleteness of the texts provided or to the inaccuracy or incorrectness of the Client’s terminology shall not fall within the area of responsibility of Certified Translations Mannheim.
- If the Client provides notification of a significant defect which is objectively present in the translation, the Client shall have the right to have the defects in the translation corrected by Certified Translations Mannheim. The Client must assert its right to the correction of the defects to Certified Translations Mannheim in writing without undue delay, providing precise details of the defect. The Client shall grant Certified Translations Mannheim an appropriate grace period to complete the correction work.
- The claim to subsequent improvement shall be excluded in the event that the notification of the defect(s) is not received within 2 weeks of submission of the translation work.
- Delivery deadlines and dates are agreed at the point in time the order is placed and are binding. However, Certified Translations Mannheim shall not be deemed to be in default in the event that the service has not been provided for a reason for which Certified Translations Mannheim is not responsible. If the non-compliance with a delivery deadline is due to force majeure, e.g. natural events and transport disruptions, network and server errors, any other line and transmission failures and other obstacles for which Certified Translations Mannheim is not responsible, Certified Translations Mannheim shall be entitled to withdraw from the contract or require an appropriate extension period from the Client. Further rights, in particular claims to compensation for damages, shall be excluded in these cases. In the event the subject matter of the order changes, delivery deadlines and fees shall be renegotiated.
- Certified Translations Mannheim may engage third parties to complete all business transactions. In this regard, Certified Translations Mannheim shall only be liable for the careful selection of third parties. Contact between the Client and a third party commissioned by Certified Translations Mannheim shall only be permitted with the consent of Certified Translations Mannheim. In principle, the business relationship only exists between the Client and Certified Translations Mannheim.
- Certified Translations Mannheim shall only be liable in the event of intent or gross negligence and shall not be liable for indirect damages caused by an incorrect translation. In the event of slight negligence, it shall only be liable in the event of a breach of key contractual duties. The maximum limit for liability shall be the invoice amount. There shall be no claim to compensation for damages of any kind resulting from complaints regarding insignificant defects.
- Liability on the part of Certified Translations Mannheim for damage and/or loss of the materials provided by the Client shall be excluded. The Client is responsible for ensuring that its data is sufficiently secure.
- Certified Translations Mannheim undertakes to maintain confidentiality when handling information and documents provided by the Client in connection with the order.
6. Remuneration and basis of the calculation
- The scope of the translation is generally determined using the number of words in the source text. For short texts, a minimum flat rate of EUR 30 (plus VAT) is charged.
- The invoice shall be issued once the translation has been sent to the Client. The invoice amount shall be payable by bank transfer within 14 days of the invoice date without any deductions. Any transfer costs shall be borne by the Client, as shall any fees charged for foreign cheques.
- In addition to the agreed fee, Certified Translations Mannheim has right to the reimbursement of the actual expenses incurred. Proofreading work is charged on the basis of time spent. For extensive translations, Certified Translations Mannheim may require an advance payment which is objectively necessary to carry out the translation. Certified Translations Mannheim may make the submission of the completed work conditional on the advance payment of the fee in full.
- If the amount of the fee has not been agreed, remuneration which is appropriate and standard for the nature and level of difficulty of the project shall be payable. In this regard, the rates set out in the Official Remuneration and Compensation Law (Justizvergütungs- und Entschädigungsgesetz) as a minimum shall be deemed appropriate and standard.
7. Retention of title and copyright
- The Client only has the right to use the translation after payment in full.
- Certified Translations Mannheim shall hold the copyright to the translation, as well as all translation memories or CAT files created during the preparation of the translation.
8. Notice of termination of the contract
- The Client may only terminate the contract for good cause until the point in time of completion of the translation work. The notice of termination shall only be valid if provided to Certified Translations Mannheim in writing.
- In this case, Certified Translations Mannheim shall be entitled to claim compensation for lost profits in the amount of the order value.
9. Applicable Law
- The order and all claims arising from it shall be governed by German law. The place of jurisdiction shall be Mannheim.
- The validity of these Terms of Business shall not be affected by the voidance and invalidity of individual provisions.
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