General terms and conditions
1. Scope of application
These conditions of contract govern contracts between the translator Ricarda Colditz (in the following “Translator”) and her customers unless otherwise expressly agreed or legally required. General terms and conditions of the customer are binding for the Translator only if she expressly accepted them.
2. Scope of the translation order
The translation will be executed in accordance with the principles of proper practice of the profession to the best of knowledge and belief. The customer will be delivered the contractually agreed translation in the agreed format.
3. Customer’s obligation to cooperate and inform
3.1) The customer has to inform the Translator in due time about special requests regarding the form of the translation (e.g. on data carriers, via e-mail, via FTP, purpose, quality ready for printing, special external form of the translation, etc.).
3.2) The customer has to provide the Translator unprompted and in due time with information and material which are necessary for the translation (own glossaries, figures, drawings, tables, internal terms, explained abbreviations, etc.).
3.3) The Translator will not assume liability for errors and delays due to inadequate or delayed provision of information and instructions.
The Translator is entitled to rectification (elimination of mistranslation). The customer shall inform about its claim to rectification of a mistranslation at the latest within 2 working days from receipt of the translation. The customer’s complaint must clearly indicate the mistranslation. In case of failure of the correction or a replacement, the warranty rights revive unless agreed otherwise.
5.1) The Translator is liable for gross negligence and intent. Damage due to computer crash and transmission faults during e-mail transmission or due to viruses shall not be considered gross negligence. The Translator takes precautions against such causes by using anti-virus software. Liability for minor negligence applies only in the case of violations of material contractual obligations.
5.2) The customer’s claim for damages against the Translator in the case of damage as in clause 5.1 sentence 4 is limited to 5,000 €; higher damages may be expressly agreed in the specific case.
5.3) Exclusion or limitation of the liability as specified in clauses 5.1 and 5.2 shall not apply to damage to a consumer attributable to injury to life, limb or health. The Translator maintains a liability insurance amounting to 200,000 € per damage event.
5.4) Complaints raised by the customer against the Translator for mistranslation (Art. 634a of the German Civil Code – BGB) shall become time-barred, unless in the event of fraud, after one year from acceptance of the translation. This applies only to contracts with professionals but not to contracts with individuals.
5.5) Contrary to what is set out in Art. 634a BGB, the liability for consequential damage is limited to the statutory limitation period. Art. 202 (1) BGB remains unaffected.
The Translator undertakes a priori to keep all facts confidential which are disclosed to her in connection with her work for the customer. Due to the geographical distance between the customer, Translator and vicarious agents and considering the electronic transmission of texts and data and any other electronic communication, by mail or courier services between the customer, the Translator and vicarious agents, the Translator cannot ultimately assure the absolute protection of company and information secrets and of other confidential data and information since it cannot be entirely excluded that unauthorised third persons access the transmitted texts by electronic means.
7. Cooperation of third persons
The Translator may engage employees or expert third parties to execute the order. When expert third parties are engaged, she has to bind them by confidentiality in accordance with clause 6.
8.1) The Translator’s invoice will become due and payable within the legal payment period of 30 days after acceptance of the translation. The acceptance period is max. 5 working days. In the case of customer default, the Translator may charge interest amounting to 5 % above the basic interest rate of the Bundesbank until receipt of the full amount.
8.2) All prices are net prices plus VAT.
8.3) In addition to the agreed fee, the Translator may also claim reimbursement of the actually incurred expenses and expenses agreed with the customer. Contracts made with individuals show the final price including the VAT (which is shown separately). In all other cases, VAT is charged in addition, as far as required by law. In the case of extensive orders, the Translator may claim advance payment of 50 % of the fee which is required for the execution of the total order. Where justified, she may make delivery of the translation dependent on the previous payment of her full fee.
9. Retention of ownership and copyright
9.1) Until full payment has taken place the translation remains the Translator’s property. The customer is not entitled to use the translation until then.
9.2) The Translator reserves a copyright.
10. Delivery, transmission
The delivery or electronic transmission is made on the customer’s risk. The Translator may not be held liable for damaged or damaging transmission of the texts or for their loss and for damage or loss on the non-electronic way of transport.
11. Applicable law
11.1) All orders and resulting claims are governed by German law.
11.2) The validity of these conditions of contract shall not be affected by the invalidity and nullity of single provisions. The invalid provision shall be substituted by a valid provision which comes closest to the economic result or desired purpose.
Version: Nov. 2018