General terms and conditions
§ 1 Scope of Application
We provide our offers and services on the basis of these General Terms and Conditions (GTC) as amended from time to time. In issuing a contract the Client recognises and accepts these General Terms and Conditions. Other General Terms and Conditions do not apply, unless we have agreed to them in writing.
These General Terms and Conditions apply to collective business transactions between LUND Verlagsgesellschaft mbH (LUND languages) (Translator) and the Client (Contractor). They apply to the entire business relationship, including future contracts. Clients are legal persons as well as individuals.
§ 2 Differing Provisions
Departures from these conditions, changes or supplementary agreements must be confirmed in writing by the Translator. This applies equally to the General Terms and Conditions of the Client.
§ 3 Placing an Order, Client’s Obligations
- (1) The Client shall place an order for services via email, fax, post or telephone. The consequences of shortcomings or delays which result from an unclear, incorrect or incomplete formulation of the assignment on the part of the Client are to be borne by the Client.
(2) The Client has an obligation to co-operate thoroughly. Orders are to include the Client’s stipulations in respect of the target language, the subject area and the intended purpose of the text, particular special wishes in respect of terminology, and in respect of layout (external appearance of the translation, storage on specific media etc). In the case of complex specialist translations the Client is obliged to co-operate in the clarification of corresponding specialist terminology and additional queries regarding the subject matter and the format (as a point of contact). If the translation is intended for publication, the Client is obliged to provide the Translator with a copy for proofreading purposes before the print version is prepared.
(3) Supporting information material and documents necessary for the execution of the assignment are to be made available, unprompted, to the Translator by the Client with the order placement. Should the information material supplied prove to be insufficient, the Translator retains the right to request further subject-specific information material from the Client.
(4) The consequences of errors and delays which result from a failure to comply with these obligations on the part of the Client are to be borne by the Client.
§ 4 Execution of Assignments, Delivery Periods
(1) The translation shall be completed in accordance with grammatical rules and in keeping with the sense of the text and the purpose for which it is intended to the best of the Translator’s knowledge and ability. Should supplementary information or special stipulations not be provided by the Client, then technical terms will be translated in accordance with general usage and so as to be generally comprehensible. Stylistic editing does not constitute part of the translation service. The Client shall receive the translation in the agreed form.
(2) In case the intended meaning of a word which has more than one possible meaning can only be inferred from the internal context of the text, then the consequences of translation errors are to be borne by the Client, if he/she has not provided the Translator with the accompanying information material required for performing the translation.
(3) The Translator retains the right to subcontract assignments to third parties.
(4) Delivery deadlines are provided to the best of the Translator’s knowledge and ability, and can only ever be estimated deadlines that are not formally binding.
(5) The translation shall be sent to the Client at his discretion by email, fax or post. The Translator shall not bear responsibility for damages which occur in transit. The Client is obliged to confirm receipt of the translation by means of a short message to the Translator.
§ 5 Offer and Prices
(1) All offers and prices are non-binding.
(2) They can be adapted to suit current conditions and extra expenditure, without special notification.
(3) The prices are in euro, unless another currency has been agreed upon. All prices listed in our offers are net prices and do not include Value Added Tax.
(4) Payment terms, early payment discounts or other deductions are not guaranteed, unless they have been expressly arranged.
(5) Special services require a supplement or will be charged according to the expenditure.
§ 6 Correction of Errors, Liability
(1) The Translator is to be notified of errors in writing. The error in question is to be specifically identified (substantiated description). Obvious errors are to be declared within 2 weeks of the translation being sent. The period of notice shall be considered to have been fulfilled if the notification is dispatched within that period.
(2) The Translator is entitled and obliged to remove notified errors in the translation. The Client can set the Translator a reasonable time limit within which the notified error is to be resolved, and can refuse to accept the removal of the error after the end of the time limit. After the period of notice has elapsed the Client is entitled to either rescind the contract or demand a reduction in the fees payable.
(3) There shall be no liability for defects arising from the breach of duties of cooperation of the Client or which are caused by erroneous, incomplete, terminologically incorrect or poorly legible translation documents.
(4) Liability in this case is limited to typically arising, foreseeable damages and is limited to the amount of the contract volume of the translation or the relevant other work. The Translator shall only be liable for deliberate acts and gross negligence.
§ 7 Third Party Liability
(1) The Translator shall not be liable for defects and damages caused by third parties.
(2) Any recourse of the Client to the Translator for the assertion of damage claims of third parties (non-parties to the contract) is barred.
§ 8 Force majeure, Rescission
(1) The translator shall not be liable for damages that arise from force majeure (natural disasters, power failure, computer viruses not detectable through regular anti-viral checks, traffic congestion, among others). In this case, the Translator has the right to withdraw from the contract or to request a reasonable grace period from the Client for the performance of the contract. Any claims for damages are excluded in this case.
(2) Before the completion of the translation, the Client is only entitled to rescind the contract for good reason. The rescission is only valid in written form. In case the Client rescinds the contract, the Translator is entitled to invoice the agreed remuneration. However, the Translator cannot charge any expenses saved by the rescission of the contract and the invoiced sum has to be credited against other gains acquired by any ulterior application of work capacity as well as against any gains the Translator averted maliciously.
§ 9 Reservation of Title
(1) The Translator is the owner in respect of the translated material until payment has been made in full.
(2) With the complete payment of the remuneration, the Client acquires the right of use for the translation.
§ 10 Copyright
(1) The Translator is owner of the copyright to the translation.
(2) The Client shall release the Translator from copyright claims that could be asserted against the Translator on the basis of the translation, even by third parties.
§ 11 Confidentiality
The Translator agrees to maintain secrecy in regards to the content of the documents to be translated, in regards to the informational material provided to him/her on the occasion of the performance of the contract as well as in regards to all facts disclosed in connection with the business relationship. Collaboration with co-workers likewise subject to the duty of non-disclosure does not represent a breach of this obligation.
§ 12 Applicable Law, Place of Jurisdiction, Modifications, Validity
(1) German law is applicable to the contractual relations between the Translator and the Client as well as to any further rights and obligations resulting from these relations.
(2) Place of jurisdiction for both parties to the contract is Köln (Cologne), Germany.
(3) The Client is informed about any modification to these General Terms and Conditions on the occasion of the placing of a new order.
(4) If individual provisions of these General Terms and Conditions become invalid or void, this does not affect the validity of the remaining provisions.
Version: March 2014