|Exclusion of Liability and General Terms and Conditions of Business
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General Terms and Conditions of Business for Translation Goods and Services are those recommended by the Bundesverband der Uebersetzer und Dolmetscher e.V. (BDUE)
I. Scope of Validity
1. These Terms and Conditions of Business apply to contracts between me and my clients unless otherwise specifically agreed or legally prescribed.
2. The client’s General Terms and Conditions of Business are only binding on me if I have specifically so agreed.
3. These general terms and conditions of business are accepted by clients when they award me an assignment and apply to all current and future business relations with clients even if I do not specifically refer to same when accepting an assignment.
Translation will be carefully rendered in compliance with proper professional standards. The client will be sent the contractually agreed copy / copies of said translation.
1. Translation delivery is wholly and solely at the client’s risk. Such delivery is usually by e-mail. Notarially attested translations will be delivered by post or by courier. I cannot accept any liability whatsoever for damage to, or loss of, translations delivered by post or electronically. Documents provided me will be returned only if this is expressly so desired and wholly and solely at the expense and risk of the client.
2. The client has no right to assert any claim to price reduction or redhibition if I am inhibited in translation completion by force majeure or any unavoidable event.
3. Delivery dates are given to the client to the best of my knowledge and belief. Delivery is considered rendered if the translation can be proven to have been sent the client by virtue of a transmission protocol / postal receipt / courier acceptance document. Translations can be supplied in hardcopy form if desired.
IV. Client’s Duties of Cooperation and Clarification
1. The client must advise me in good time of any and all special translation formats and/or requirements (translation on data carriers, number of copies, suitability for printing, appearance, etc.). If the translation is required to be suitable for printing then the client must let me have a proof copy of same.
2. Information and documents needed to render translation must be provided in good time by the client without this having to be requested (client glossary/glossaries, illustration/s, technical and other drawings, tables, abbreviation list/s, etc.).
3. I cannot accept any liability whatsoever for errors due to breach of any of the aforementioned duties.
V. Remedying Defects
I reserve the right to remedy defects. The client has a right to require remedy of any and all defects in any translation rendered. This right to defect remedy must be asserted by the client together with full and precise details of each and every defect in the translation/s affected. A translation is considered accepted if the client does not complain of obvious defects such as missing text passages within five working days and concealed defects such as errors in interpreting wording within ten working days of receipt in writing. Differing views on text style do not constitute defects. Differing views on terminology do not constitute defects if the client did not provide a terminology list beforehand. A suitable period of grace must be granted to remedy acknowledged defects. If two attempts to remedy defects in any translation rendered, or to replace such translation, fail then legal guarantee rights apply unless otherwise agreed.
I accept liability only for gross negligence and deliberate act. Liability for minor negligence can only be accepted if it involves breach of any major contractual obligation.
VII. Professional Confidentiality
I undertake to maintain confidentiality on all facts I become aware of in the course of my activities on a client’s behalf.
1. The invoiced amount /s become/s due and payable four weeks after delivery of the translation/s concerned.
IX. Reservation of Title and Copyright
1. Translations rendered remain my property until paid for in full.
2. I reserve copyright therein.
X. Applicable Law
1. All contracts are made in German law and all claims associated therewith are asserted in that law.
2. Should any provision herein be or become null and void for any reason whatsoever this will not affect the remainder.