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1. Scope of application
These Terms and Conditions apply to contracts between the translator and the client, unless otherwise agreed or legally required. The client's general terms and conditions are only binding for the translator if the latter has acknowledged them expressly.
2. Client's duty to participate and inform
The client is obligated to inform the translator in good time of special forms for carrying out the translation (external format of the translation, translation on data, number of copies, readiness for printing etc.). If the translation is intended for print, the client has to submit a copy for proofreading purposes to the translator before generating the print version. When placing the order the client is obligated to provide the translator unsolicited and in due time with all information and documents necessary to carry out the translation (client's glossaries, illustrations, drawings, tables, abbreviations etc.). Errors which arise due to the non-compliance with these duties will not be borne by the translator.
3. Elimination of defiencies
The translator reserves the right to eliminate any deficiencies. The client has the right for rectification to be made free of charge, provided that the failure was on the part of the translator. Complaints concerning any defiencies, which have to be indicated precisely, must be lodged in writing and sent without delay to the translator. In the case of failure of correction or substitute delivery, statutory warranty rights come into force, provided that no other agreement has been made.
The translator is liable for gross negligence and intent. Liability for slight negligence occurs only when breaking contractual duties.
The translator is obligated to maintain silence with regard to any facts and knowledge about and in connection with his activities necessary in order to produce the contractually agreed translation.
Payment is due immediately after acceptance of the translation. The period of acceptance must be reasonable. The contract is concluded between the translator and the client, thus, the client has to meet his payment obligations, regardless of the performance of any third party. In addition to the agreed remuneration, the translator may claim reimbursement of the expenditure actually incurred and agreed upon beforehand with the customer. The translator is entitled to demand an advance payment in case of voluminous translations, to the extent that this is objectively necessary for the performance of the translation. In justified cases the translator can make the handover of his work dependant on the previous payment of his entire remuneration. If no agreement has been made as to the amount of the remuneration, a remuneration that is deemed appropriate and usual for the type and degree of difficulty of the translation order is due. As a minimum, the rates listed in the german laws regarding compensation of witnesses and experts are to be regarded as appropriate and usual.
7. Reservation of proprietary rights and copyrights
The translator remains the owner of the translation until payment has been effected in full. Until then, the client has no right to use the translations. The translator reserves his copyright.
8. Applicable law
The order and all the claims resulting therefrom are subject to the Law of the Federal Republic of Germany. Invalidity or ineffectiveness of individual provisions do not impair the effectiveness of the remainder of these terms and conditions.