General Terms and Conditions
Our General Terms and Conditions
General Terms and Conditions
Section 1 Scope
We provide our offers and services on the basis of these General Terms and Conditions (GTC) in their respectively valid version. The General Terms and Conditions are accepted by the Principal when the order is placed. The validity of other terms and conditions is excluded unless we have agreed to them in writing.
These General Terms and Conditions apply to all business transactions between LUND Verlagsgesellschaft mbH (LUND Languages) (Translator) and the client (Principal). They apply to the entire business relationship, including to future orders. Clients are both legal entities and natural persons.
Section 2 Deviating agreements
Deviations, amendments or subsidiary agreements require written confirmation by the Translator. This also applies to the Principal’s general terms and conditions.
Section 3 Order placement, cooperation obligations of the Principal
- The order is placed by the Principal by e-mail, fax, post or telephone. Defects in execution or delays resulting from an unclear, incorrect or incomplete order placement are borne by the Principal.
- The Principal is subject to comprehensive cooperation obligations. When placing the order, the Principal must state the target language, subject area and intended use of the text, any special terminology requirements and any special requirements regarding the format of the translation (external appearance of the translation, storage on specific storage media and the like). In the case of complicated technical translations, the Principal is required to assist in clarifying the relevant technical terms and other technical and format issues (contact person). If the translation is intended for printing, the Principal must provide the Translator with a proof for proofreading purposes before the printed version is produced.
- Accompanying information material and documents required for the preparation of the translation must be provided to the Translator by the Principal without being requested to do so when the order is placed. If the information material provided is not sufficient, the
- Translator may request further subject-specific information material from the Principal.
- Errors and delays resulting from non-compliance with these obligations are borne by the Principal.
Section 4 Order execution, delivery periods
- The translation is prepared in full, according to the grammatical rules and in keeping with the meaning of the text and the intended use of the translation to the best of the Translator’s knowledge and belief for information purposes. If informative accompanying material or special instructions have not been provided by the Principal, technical terms are translated in a commonly used and generally understandable form. The translation service does not include stylistic revision. The Principal receives the translation in the agreed form.
- If, in the case of words with several meanings, the meaning of a word can only be derived from the context of the text, translation errors are the responsibility of the Principal if the Principal has not provided the Translator with the accompanying information material required for the preparation of the translation.
- The Translator may use third parties to execute the order.
- Delivery times are given to the Translator’s best knowledge and belief and can only ever be estimated dates which are not guaranteed as binding.
- The translation is sent by e-mail, fax or post according to the Principal’s wishes. The Translator is not liable for any damage occurring in transit. The Principal is required to notify the Translator of the receipt of the translation by means of a brief notification.
Section 5 Quotes and prices
- All quotes and prices are subject to change.
They may be adjusted to the actual circumstances and the changed effort without separate notification.
Prices are in euros unless another currency has been agreed. All prices stated in our quotes are net prices and are subject to VAT.
- Payment targets, discounts or other deductions are not granted unless this has been expressly agreed.
Special services require a surcharge or will be charged according to time and effort.
Section 6 Correction of defects, liability
- The Translator must be notified of any defects in writing. The reported defect must be specifically described (substantiated description). Obvious defects must be reported within 2 weeks of delivery of the translation. The timely dispatch of the notice is sufficient to preserve the rights of the Principal.
- The Translator is entitled and obliged to remedy any notified defects in the translation. The Principal may set a reasonable deadline for the Translator to remedy the defect and combine the setting of the deadline with a declaration that the Principal will not accept the remedy after the expiry of the deadline. After the expiry of the deadline, the Principal is entitled, at the Principal’s discretion, to demand the cancellation of the contract or a reduction of the remuneration.
- No liability is accepted for defects caused by the Principal’s breach of duty to cooperate or caused by faulty, incomplete, terminologically incorrect or poorly legible translation submissions.
- Liability is in any case limited to the typically occurring, foreseeable damage and is restricted to the amount of the order volume of the translation or the respective other work. The Translator is only liable in the event of intent and gross negligence.
Section 7 Liability for third parties, third-party liability
- The Translator is liable for defects and damages caused by third parties.
- Recourse by the Principal against the Translator for the purpose of asserting claims for damages by third parties (non-contractual partners) is excluded.
Section 8 Force majeure, termination
- The Translator is not liable for damage caused by force majeure (natural disasters, network failures, computer viruses that cannot be detected by a regular anti-virus check, traffic disruptions, etc.). In this case, the Translator has the right to withdraw from the contract or to demand an appropriate extension of time from the Principal for the execution of the order. Claims for damages are excluded in this case.
- Until the translation has been produced, the Principal may only terminate the contract for cause. The termination must be in writing in order to be valid. If the Principal terminates the contract, the Translator is entitled to demand the agreed remuneration. However, the Translator must take into account what he saves in expenses as a result of the cancellation of the contract or what he acquires or maliciously refrains from acquiring through other use of his labour.
Section 9 Retention of title
- The translation remains the property of the Translator until the remuneration has been paid in full.
- The Principal acquires the right to use the translation upon full payment of the remuneration.
Section 10 Copyright
- The Translator is the owner of the copyright in the translation.
- The Principal indemnifies the Translator against any copyright claims that may be made against the Translator on the basis of the translation, including claims made by third parties.
Section 11 Data Protection
The Translator undertakes to maintain confidentiality about the content of the documents to be translated, about the information material provided to him for the purpose of the order and about all facts that have become known to him in connection with the business relationship. Cooperation with employees who are also subject to the duty of confidentiality does not constitute a breach of this duty.
Section 12 Applicable law, place of jurisdiction, amendments, effectiveness
- The contractual relationship and all rights and obligations arising therefrom are subject to the laws of the Federal Republic of Germany.
- The place of jurisdiction for both contracting parties is Cologne, Germany.
- Amendments to these General Terms and Conditions are communicated to the Principal when a new order is placed.
- The validity of these General Terms and Conditions remains unaffected by the invalidity or ineffectiveness of individual provisions.
Last updated: December 2020