General Terms and Conditions
This English version of my General Terms and Conditions is solely intended for the client’s quick and convenient reference. Only the German version will become part of a contract.
BGB: BGB refers to the Bürgerliches Gesetzbuch (German Civil Code)
UrhG: UrhG refers to the Gesetz über Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz) (Act on Copyright and Related Rights (Copyright Act))
§ 1. Scope of Applicability
The following General Terms and Conditions shall apply to all legal transactions and all acts of legal transactions with Rodemann, Andreas, university-graduated translator, Talstraße 17b, 53604 Bad Honnef, Germany Germany (hereinafter called "Translator"). Any terms and conditions of the other party to the contract contrary to these terms and conditions shall only become part of the contract if the parties to the contract have explicitly agreed to them in writing.
§ 2. Entering into a contract
The translator commits himself to produce a translation and to hand over a copy of said translation to the other party to the contract in the context of a contract to produce a work as stipulated by Section 631 BGB.
The other party to the contract commits himself in return to pay the agreed remuneration after acceptance of the translation.
§ 3. Scope of translation services, delivery times
The translator shall produce each translation with due diligence according to the principles of orderly professional work.
The translator shall be granted an adequate amount of time to complete the translation based on the complexity and volume of the text.
§ 4. Obligation of the other party to the contract to co-operate and inform
- The other party to the contract shall of his own accord and in a timely manner inform the translator about any particular requests regarding the style of the translation, including but not limited to the intended purpose, target country, delivery on data media, number of copies, formatting, readiness for printing.
- The other party to the contract shall supply all documents and information required to produce the translation to the translator at the time when the order is accepted. This includes but is not limited to the usage of certain technical terms, diagrams, tables or abbreviations.
- The other party to the contract shall ensure that the text to be translated is not subject to any third party rights and that a translation may be produced. He shall indemnify and hold harmless the translator from any claims brought forward by third parties and shall be liable to third parties himself.
- If the translation is intended for printing, the other party to the contract shall supply the translator with a galley proof prior to printing, so that the translator may correct any potential errors. The other party to the contract shall review any dates, names or numbers contained in the translation for correctness and completeness.
- The translator shall not be liable for damages or delays that result from a violation by the other party to the contract of the obligation to inform.
§ 5. Liability and warranty terms
- Any liability of the translator shall be limited to intent or gross negligence, unless a principal obligation of the contract is affected.
- The translator’s liability for slight negligence shall be limited to a maximum amount of 5,000.00 Euro. A liability in excess of this amount may be agreed individually between the parties to the contract in writing.
- The translator shall be liable in full to the other party to the contract for damages to the live, body and health due to a neglect of duty by himself or an intentional neglect of duty by his legal representative or his vicarious agent.
- The other party to the contract shall inform the translator immediately if any defects are detected in the produced work. The translator shall be entitled to cure the defect within an adequate amount of time.
- The translator shall be liable for defects of the translation as provided by applicable law and shall not accept any liability regardless of negligence or fault by way of guarantee.
- Any claims due to defects as provided by Section 634 No. 1, 2 and 4 BGB shall, contrary to the provisions of Section 634a I No. 3 BGB, fall under the statute of limitations within one year, if the other party to the contract is an entrepreneur.
§ 6. Obligation of non-disclosure
The translator commits himself not to disclose any confidential information that he gains knowledge of in the course of his work. This includes but is not limited to personal data of the other party to the contract as well as any confidential content of the text to be translated.
§ 7. Vicarious agents
- The translator shall be entitled to consult with or employ without prior notice any staff member or competent third parties of his choosing as vicarious agents.
- In this case, the translator shall ensure that the vicarious agent also commits himself not to disclose any information as provided by article 6.
§ 8. Acceptance
- The other party to the contract shall be obliged to accept the work latest 7 working days after delivery, if the work has been produced in conformity with the contract.
- Acceptance cannot be refused if the defect is only trivial.
§ 9. Remuneration
- All invoices shall be due and payable in full within 14 calendar days after invoice date.
- All prices are to be understood net plus applicable VAT.
§ 10. Advance payment
- In addition to the agreed remuneration, the translator shall be entitled to a compensation of the actual accrued costs and expenses.
- In the event of long-term assignments, the following advance payments shall be due and payable automatically upon entering into the contract: a) processing time of 5 working days or more: 25 % of the expected total amount;
- b) processing time of 10 working days or more: 25 % of the expected total amount and another 25 % of the expected total amount after the first half of the processing time;
- c) processing time of 20 working days or more: For each 20 working days of the expected processing time the amount that corresponds to 20 divided by the processing time of the total amount.
- If the total value of the assignment cannot be properly assessed at the beginning, the translator shall estimate a non-binding value within an appropriate amount of time.
§ 11. Retention of title
The translation shall remain the property of the translator until payment in full of his remuneration.
§ 12. Copyright
The other party to the contract's translation is an adaptation as provided by Article 3 UrhG. The translator expressly retains the right to claim a potential copyright. The translator shall grant the other party to the contract only the right of use for the intended purpose of use as agreed upon when entering into the contract. Any other use, modification or marking without prior consent, constitutes a criminal offence in terms of Articles 106 – 108a UrhG and will be prosecuted by the translator.
The translator expressly grants the other party to the contract the permission to mark the translation with: “Translated by: Rodemann, Andreas, university-graduated translator, Talstraße 17b, 53604 Bad Honnef, Germany“.
§ 13. Final provisions
If the other party to the contract is not a consumer as defined by Section 13 BGB, then the place of performance for all deliveries and payments shall be the business premises of the translator. Any legal transactions and any claims resulting therefrom shall only be subject to German law. For consumers, this choice of law and jurisdiction shall apply only as long as this choice does not deprive the consumer from the protection provided by compelling provisions of the laws of the state regarding his usual residence. If you are not a consumer, then the place of jurisdiction for all disputes shall be Bad Honnef, Germany.
§ 14. Right of revocation for consumers
Notification regarding revocation
You have the right to revoke this contract within fourteen calendar days without having to provide any grounds.
The revocation period shall be fourteen calendar days starting from the date of entering into the contract.
In order to exercise your right of revocation, you must inform me,
Rodemann, Andreas, university-graduated translator,
Talstraße 17b, 53604 Bad Honnef, Germany
of your decision to revoke the respective contract by means of an unambiguous statement (e. g a letter sent by post, a telefax or an email). You may use the attached sample revocation form, but there is no obligation to do so.
To comply with the revocation time limit, it is sufficient for you to send your notification about exercising your right of revocation before the revocation period has expired.
Consequences of revocation
When you revoke this contract, I will have to refund you all payments that I have received from you, including delivery fees (except for those costs that result from you having chosen a different delivery method than the most low priced standard delivery that I offer) without delay and latest within fourteen calendar days starting from the day on which I have received your notification of revoking this contract. I shall use the same means of payment that you have used for your original transaction, unless otherwise explicitly agreed with you; I shall never charge you any fees for these kinds of refunds.
If you have requested that the services shall begin already during the revocation period, then you shall be obliged to pay me an adequate amount that corresponds to the part of the services compared to the total scope of services stated in the contract at that time at which you have informed me about exercising your right of revocation.
The right of revocation is excluded in case of a delivery of goods that have been made to the client's specifications or that are tailored to his personal needs.
End of Notification regarding revocation
Last updated: Januar 2015
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