19 May 2006

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General Terms and Conditions

1) Scope

  1. These terms and conditions apply to contracts between Anne Koth (the translator) and her customer (the client) as long as no other agreements have been made and no other laws apply. These terms and conditions are accepted when an order is placed and are valid for the entire business transaction. Further verbal agreements, differing or supplementary agreements are only binding subject to written confirmation.
  2. Any terms and conditions on the part of the client are only binding for the translator if she has accepted them in writing.


2) Placement of orders

  1. An order is placed when the client sends a written order (post, e-mail, fax) and the translator sends a written confirmation of this order (post, e-mail, fax).
  2. If any part of the source text is not to be translated or should not appear in the translated document, the translator must be informed of this when the order is placed.

3) Scope of translation order

  1. The translation is to be carried out carefully in accordance with the principles of good professional practice. The client is to receive the translation as agreed in the written purchase order.

4) Obligation of the client to cooperate and provide information

  1. The client is obliged to inform the translator in a timely manner of particular forms which the translation is to take (translation on data media, number of copies, external form of the translation etc.).
  2. Without being asked, and in a timely manner, the client is to provide the translator with any information and documents which are necessary to complete the translation (the client’s glossaries, titles used by the company, images, drawings, tables, acronyms etc.).
  3. Any use of specific terminology provided by the client is to be agreed specifically when the order is placed.
  4. The translator reserves the right to consult the client in the case of obscurities in the source text. However, in this case she also has the optional right to produce a translation based on apparent meaning to the best of her knowledge.

5) Correction of defects

  1. The translator reserves the right to correct defects. The client is entitled to demand the correction of any defects the translation may contain. The client must lodge all complaints about the translation immediately, at the latest within fourteen (14) working days after the translation is received, with a precise written description of the defect. After this period the work is considered to have been accepted. If the translator fails to deliver a correction or replacement translation, legal guarantee rights come into power if no other agreement is made.

6) Delivery date, Acts of God

  1. Delivery deadlines and dates are set out in the purchase order and are binding. However, the translator shall not be in default if the services cannot be rendered as a result of circumstances beyond his control.. If the failure to deliver on time is due to force majeure, the translator shall be entitled to withdraw from the contract or to require from the client a reasonable period of respite. Further rights, in particular claims for damages, are precluded in these cases. If the object of the purchase order changes, deadlines and fees are to be renegotiated.
  2. An extension of the deadline can only ever be granted with the signature of both parties.

7) Liability

  1. The translator is liable in the case of gross negligence and intent. In the case of ordinary negligence, liability only arises if substantial contractual obligations are violated.
  2. The translator is not liable for mistakes in translation which are caused by the client due to information or documents which are incorrect, incomplete or provided too late, or which are due to erroneous or illegible source texts.
  3. If the translations are sent by post or a delivery service, responsibility for the danger of any loss, deterioration in quality or late delivery is transferred to the customer from the moment the translation is handed over to the postal or delivery service.
  4. The client shall bear any risks associated with the delivery of texts and data by electronic means. The translator is not liable for damaged, incomplete or lost texts or data.

8) Professional confidentiality

  1. The translator is bound to maintain confidentiality about all facts which she learns related to her activity for the client.

9) Cancellation of the contract

  1. If the client cancels a contract without being entitled to do so legally or contractually, the translation work which has been completed up to the time of cancellation must be paid. Notice of cancellation must always be given in writing.

10) Remuneration

  1. The translation fees are to be paid in full within 20 working days after receipt of the invoice. The fees are subject to the addition of the statutory VAT applicable.
  2. The fees can be agreed per line or word or as a flat fee. A standard line shall be 55 keystrokes including spaces. The calculation is made from all characters in the translated document, including words which do not need translating, such as names, web links, addresses. The number of characters is calculated using the WORD programme of the MS Office software packet.
  3. Apart from the agreed fee, the translator is entitled to the expenses actually occurred and previously agreed with the client, e.g. costs for transmission, transport and delivery of the translation, costs for research and consultation.
  4. When a translation is extensive, the translator can claim an advance payment of the sum objectively needed to carry out the translation. If she provides a reason she may hand in her work only when her full fee is paid in advance.
  5. In the case of rush translations which require work during the night, on public holidays or at the weekend, the client must indicate this before placing the order. In these cases the translator reserves her right to demand an additional fee.
  6. If the amount of the fee is not agreed in advance, the client shall pay the translator an appropriate remuneration corresponding to the nature and difficulty of the services rendered. In this case the rates specified in the Court Payment and Reimbursement Act (Justizvergütungs- und -entschädigungsgesetz – JVEG) shall be considered adequate and usual.
  7. Unless otherwise agreed, the minimum order value shall be EUR 15.

11) Reservation of title and copyright

  1. Until full payment has been made, the translation remains the property of the translator. Until then the client does not have any right to use the translation.
  2. The translator reserves her copyright.
  3. In the case of translations which are to be printed, the name of the translator is to be included in a suitable place.

12) Applicable law

  1. All orders and any claims arising from such shall be governed by German law.
  2. The validity of the remaining provisions of these General Terms and Conditions shall remain unaffected if individual provisions are rendered void or invalid.