(1) These Terms and Conditions apply to contracts between CHRISTIAN ALKEMPER FACHÜBERSETZUNGEN (hereinafter “the Translator”) and his customers (“Clients”), unless expressly agreed otherwise in writing or prescribed as mandatory by law.
(2) The Translator shall be bound by the Clients’ terms and conditions only if they have been expressly accepted in writing.
2. Acceptance of an order
An order is accepted only once it has been expressly confirmed in writing by the Translator.
3. Scope of the order for translation services
The translation is performed in compliance with the generally accepted standards of professional practice. The Client receives the translation as agreed to in the contract.
4. Duty to cooperate and provide information
(1) The Client must notify the Translator in due time of particular forms of execution for the translation (translation on storage media, number of copies, ready for printing, external appearance of the translation, formatting etc.). If the translation is to be published, the Client shall provide the Translator with a galley copy for proofreading.
(2) The Client must provide the necessary information and documents required for the translation to the Translator without being requested to do so by the start of the project (Client’s glossaries, illustrations, drawings, tables, abbreviations etc.).
(3) The translator is not responsible for any errors or omissions arising as a result of non-compliance with these obligations.
5. Performance and correction of defects
(1) The Translator shall render the services agreed upon carefully and in accordance with the principles of good professional practice. The Client receives the translation as agreed upon by the contract. Technical terms shall be translated into the generally used, lexically justified and/or generally comprehensible version unless special instructions are provided by the Client. The Translator shall be obliged to work to the best of his knowledge and judgment. He shall not be subject to any obligation above or beyond this.
(2) Translation errors due to illegible, incorrect or incomplete source text material or incorrect or wrong terminology provided by the Client shall not be the responsibility of the Translator.
(3) Different views as to what is considered good style shall not constitute a defect.
(4) If the Client gives notice of an objective and significant defect in the translation, the Client shall be entitled to correction by the Translator of the defects contained in the translation. The Client shall notify the Translator immediately in writing of any defects detected, indicating precisely the nature of the defect concerned. The Client shall grant the Translator a reasonable period of time for the correction of the defect.
(5) The Client’s right to correction of defects shall be rescinded if the Translator does not receive any notice of defects within 2 weeks of delivery of the translation.
(6) In the case of failure of correction or substitute delivery, statutory warranty rights shall come into force, provided that no other agreement has been made.
(7) Dates and times for delivery shall be agreed upon when an order is given and shall be binding. However, the Translator shall not be in default if the services cannot be rendered as a result of circumstances beyond his control. If the failure to deliver on time or to render other services agreed upon is due to force majeure, the Translator shall be entitled to withdraw from the contract or to require from the Client a reasonable period of respite. Payment obligations already incurred shall be fulfilled in any event. In addition, the Client shall be obliged to reimburse any expenses incurred by the Translator and to pay for any services already rendered. In these cases further rights, in particular claims for damages, shall be rescinded. In case of a change of the source texts in the order, the terms of delivery and fees shall be negotiated anew.
(1) The Translator shall be liable for damage caused intentionally or by gross negligence up to a reasonable amount. Liability for damage caused by slight negligence shall arise only if the Translator is in breach of substantial contractual obligations. Any liability shall be limited to the amount of the contractual fee agreed upon. Any liability for consequential damage shall be excluded.
(2) Any liability of the Translator for damage or loss of the materials forwarded by the Client shall be excluded. The Client shall provide for sufficient protection of his or her data.
7. Professional confidentiality
The Translator undertakes to treat with confidentiality any information or documents received from the Client relating to an order.
8. Remuneration and basis of calculation
(1) The volume of the translation in translation orders shall be calculated based on the number of words or standard lines in the source text. A standard line shall be defined as 55 characters including spaces. The number of standard lines shall be determined by a computer count of the characters contained in the translation divided by 55. Any other calculation basis shall be allowed only with the prior express approval of the Translator.
(2) The remuneration is due and payable immediately after acceptance of the translation. Acceptance shall be carried out without delay.
(3) In addition to the fee agreed upon, the Translator shall be entitled to reimbursement of actual expenses incurred. Proofreading services shall be remunerated on the basis of the time spent.
(4) The Translator may require an advance payment in the case of large-volume orders, if such is objectively necessary for the processing of the order. He may make the rendering of his services conditional upon advance payment of his full fee.
(5) If the amount of the fee is not agreed upon in advance, the Client shall pay the Translator an appropriate remuneration corresponding to the nature and difficulty of the services rendered. In this case the rates specified in the Court Payment and Reimbursement Act (Justizvergütungs- und -entschädigungsgesetz, JVEG), as amended, shall be considered adequate and normal.
9. Reservation of title and copyright
(1) Translations shall remain the property of the Translator until all receivables have been paid in full. Prior to this point in time, the Client shall have no right whatsoever to use or exploit the translation. In the event that the translation has been prepared for a third party, the Translator retains the right to notify this third party of his unpaid receivables and the resulting illegality of the use or exploitation of said translation and to request payment of receivables and associated costs from this third party.
(2) The Translator reserves the copyright and the right of third-party exploitation.
10. Termination of the contract
The Client may only cancel the contract at any time before the completion of the translation if a justifiable reason is cited. Termination shall only be effective if notice has been given in writing. The Translator shall be entitled in such cases to a fee calculated in accordance with the agreed upon calculation basis for the translation work completed up to the time of termination, along with damages for lost profit up to the amount of the order.
11. Applicable law
(1) All orders and any claims arising from such shall be governed by German law. The place of performance shall be the place of business of the Translator.
(2) The validity of the remaining provisions of these General Terms and Conditions shall remain unaffected if individual provisions are rendered void or invalid.
Rheinstetten, 22 October 2008