BUILDING BRIDGES BETWEEN WORLDS
Here you can find my Terms and Conditions, the English translation of the German original “Allgemeine Geschäftsbedingungen für Übersetzer“ provided to the customer (according to the guidelines of the Bundesverband der Dolmetscher und Übersetzer e.V.). In any dispute the original German version shall be valid.
1. Scope of application
(a) These terms and conditions shall apply to contracts between Angela Marinkas (“Translator“) and the ordering party (“Customer“) in so far as nothing else has explicitly been agreed on or is provided by law.
(b) The Customer's terms and conditions shall only be binding for the translator if the Translator has explicitly acknowledged them.
2. Scope of the translation job
(a) The translation shall be carried out pursuant to the principles and standards of the profession. The Customer shall receive a copy of the translation as agreed in the contract.
3. Obligation to cooperate and to provide clarification
(a) The Customer shall inform the Translator as to special requirements for the translation (translation on data media, number of copies, readiness for publication, layout of the translation etc) in good time. If the translation shall be used for publication, the Customer shall provide the Translator with a galley proof.
(b) The Customer shall provide information and documents (customer's glossaries, drawings, charts, tables, abbreviations, etc) which are needed for the execution of the translation job without being requested and in good time.
(c) The Translator shall not be held responsible for mistakes or errors deriving from non-compliance with these obligations.
4. Delivery date
(a) If the Translator and the Customer do not agree on a specific time of day or a specific period of time for delivery of the translation then the translation shall be delivered by 5 pm on the day agreed upon.
(b) If the Customer transmits additional passages of text after placing the order and after an agreement on a delivery date, the delivery date shall be re-negotiated.
(c) If, after placing the order, the Customer amends, alters, or modifies the original text, which has already been completely or partially been translated according to the contract, resulting in the necessity for revision, amendment, alteration or modification of the text which has already been translated, the time of delivery shall be extended for a reasonable period of time and the translator shall be entitled to charge a reasonable surcharge.
5. Correction of faults, errors, or faulty workmanship
(a) Unless the Customer complains in writing within five working days after receipt of the translation, the translation shall be deemed to have been approved by the Customer. In this case the customer waives any rights to which he or she may be entitled due to any faults, mistakes or errors possibly contained in the translation.
(b) The Translator reserves the right to correct faults, mistakes or errors. The Customer shall be entitled to ask for correction of faults, mistakes or errors contained in the translation. The claim to the correction of faults must be submitted within five working days after receipt of the translation, together with details of the nature of the fault, mistake or error.
(c) In the event of failure of the correction of faults or of failure of a substitute delivery the legal rights under warranties shall revive unless it has been agreed otherwise.
(d) Complaints about style are not deemed to be complaints about defects. This shall also apply to synonyms unless the Customer provides reference material in good time which clearly and unequivocally indicates the terms to be used for the synonyms objected to.
(a) The Translator shall only be liable for gross negligence and intent. Liability in the case of slight negligence shall only apply in the case of breach of fundamental contractual obligations.
(a) The Translator shall not disclose any information to third parties regarding any documents of the customer or content thereof.
(b) The Translator shall be entitled to have the translation performed or carried out or proofread or revised by a third party. In this case, the translator shall ensure that the third party declares his or her obligation to observe strict secrecy to the Translator and / or the customer that he or she will observe strict secrecy.
(a) Payment shall be due immediately after acceptance of the translation.
(b) The Translator shall be entitled to receive compensation for any accrued costs and expenses and any costs and expenses agreed upon with the customer. The translator is entitled to demand an advance payment for large translation projects, to the amount which, from an objective point of view, is necessary. In justified cases, the translator may make the delivery of her work subject to the prior payment of the complete remuneration in full.
(b) If the amount of the remuneration is not agreed upon, a reasonable and customary amount with regard to kind and difficulty of the work shall be payable. The provisions by the German Court Payment Act (law on the remuneration of experts, interpreters, translators and compensation of lay judges, witness and third parties) (JVEG) shall be regarded as the minimum remuneration.
(c) If, after placing the order, the Customer transmits additional text passages, which are delivered by the originally agreed date of delivery or if the Customer shortens the delivery period after placing the order, the Translator shall be entitled to charge a reasonable surcharge. The Customer has no right to claim a shorter delivery period.
(d) In the event that the Customer amends, alters or modifies the original text, which has already been completely or partly translated in the course of performance of the contract, so that a revision and / or amendment, alteration or modification of the translated text becomes necessary, then the Translator may charge a reasonable extra fee. The Translator shall be entitled to charge for translated text passages which can no longer be used after subsequent amendments, alterations or modifications in the original texts.
9. Reservation of ownership
(a) The Translator shall retain ownership of the translation until complete payment of the sum agreed upon for the respective order. Until that time, the Customer shall have no right to use the translation.
(b) The Translator reserves her copyright of the translated documents.
10. Applicable law
(a) Any order or claim under this contract shall be governed by German law excluding any provision of international private law.
(b) If any of the clauses or any clause added to these terms and conditions in future is invalid, this shall not affect the validity of the other clauses of these terms and conditions.
Terms and Conditions
Copyright © 2010 Angela Marinkas