GENERAL TERMS AND CONDITIONS
- Applicability
(1) These conditions apply to contracts between the Translagency Übersetzungsbüro Buchanow (the contractor) and the ordering parties, unless other conditions are expressly agreed upon or unalterably prescribed by law.
(2) Any general conditions of the ordering party are binding upon the contractor only if the latter has expressly accepted them.
- Scope of the contract of translation/interpretation
The translation/interpretation service shall be carefully executed in accordance with the principles of regular business practice. The ordering party shall receive a contractually agreed-upon translation or interpretation.
- Collaboration and explanation by the ordering party
(1) The ordering party shall inform the contractor in good time of any special forms of translation/ interpretation (translation on to data medium, number of copies, suitability for print, external form of translation, etc./type of oral translation, special field, topic, etc.). If the translation is intended for printing, the ordering party shall provide the contractor with a list of errors and omissions.
(2) Information and documentation needed for the execution of the translation/performance of the interpretation (e.g. ordering party’s glossaries, illustrations, drawing, tables, abbreviations, etc.) shall be made available to the contractor by the ordering party punctually and without a special request being made.
(3) The contractor shall not be made responsible for errors arising from failure to observe the above obligations.
- Removal of errors
The contractor reserves the right to remove errors. The ordering party may request that errors, which may be found in the translation, be removed. Such request for removal of errors must be made by the ordering party, giving a precise description of the error. If an attempted improvement or a replacement should fail, the statutory rights of warranty come into force again unless another agreement has been reached.
- Liability
The contractor is liable in the event of gross negligence and/or wrongful intent. Liability in cases of slight negligence comes about only when obligations of importance for the contract are impaired. In the event of failure to observe, a time limit agreed upon, the contractor’s liability does not apply if such failure comes about through force majeure (natural catastrophe, war, public disorder, strikes, etc.).
- Professional discretion
The contractor, and all sub-contractors appointed by him, undertake to observe confidentiality regarding all matters which become known to him/them in connection with his /their activity for the ordering party.
- Payment
(1) Payment is due immediately after the completed translation has been accepted. The deadline for acceptance must be a reasonable one. In the case of the contractor’s contract partners one account is presented monthly with a time-limit of 14 days for payment.
(1a) Individual customers filing their first translation request to us have to deposit an amount of 50% of the estimated translation costs, min. 50 Euro. This amount will be offset against the final invoice amount once the translation will be ready.
(2) The amount due is remitted to the contractor’s account. We also accept payment by PayPal. In any event, the ordering party shall provide for adequate funding and make the payments punctually.
(3) The contractor may claim, over and above the fee agreed upon, refunding of expenses actually incurred and agreed upon with the ordering party. In the cases of contracts with private ordering parties, the value added tax is included – separately listed – in the final reckoning. In all other cases, it shall be charged separately, insofar as the law requires. The contractor can, in the case of extensive translations, request an advance payment necessary for the execution of the translation. He can, for specified reasons, make the delivery of his work dependent on payment in advance of the entire fee.
(4) If the amount of the fee is not agreed upon, remuneration appropriate for the type and difficulty of the work becomes due. In this case, the prescriptions laid down by law for the remuneration of witnesses and experts are regarded as appropriate and customary.
(5) Default in payment comes about automatically 30 days after presentation of the account; an additional reminder in writing is not necessary. After this date the contractor has the right to charge default interest of 5% over and above the actual interest rate of the ECB.
- Reservation of ownership and Copyright
(1) The translation remains the property of the contractor until full payment has been made. Until that time, the ordering party has no right of use.
(2) The contractor retains his proprietary right.
- Applicable law
(1) For the order and for all claims arising therefrom the law of the Federal Republic of Germany shall apply.
(2) The validity of these conditions shall not be affected by any nullity or invalidity of individual provisions.
