The contractual language is German. The General Terms and Conditions are solely applicable in the German version. In the case of dispute, the German version prevails.
Definitions: BGB: Bürgerliches Gesetzbuch (German Civil Code) + UrhG: Urheberrechtsgesetz (Copyright Act)
§ 1 Scope
For legal transactions with Elise Hirsch, Certified Translator (IHK), Talblick 19, D-52146 Würselen (hereinafter referred to as “Translator”), the following terms and conditions apply. Differing terms and conditions from the contractual partner are only part of the contract if this has been agreed to by both parties in writing.
§ 2 Contracting
(I) The Translator is obligated to complete a translation and deliver this translation to her contractual partner in regard to a service contract made with that partner as defined by BGB § 63 .
(II) In return, the contractual partner is obligated to pay the agreed remuneration upon acceptance of the translation.
§ 3 Scope of Translation Service, Delivery Times
(I) The Translator shall carefully complete every translation in accordance with the rules of sound professional practice.
(II) The Translator shall be allowed a reasonable amount of time to complete the translation as appropriate for the difficulty and scope of the text.
§ 4 Contractual Partner’s Duty to Cooperate and Inform
(I) The contractual partner is obligated to inform the Translator in a timely manner of particular requirements regarding the execution of the translation, such as purpose for use, target country, means of data delivery, number of copies, press preparation, and format.
(II) The contractual partner must make all documents and information necessary for the completion of the translation available to the Translator once the contract is issued. This includes the use of special technical terms, graphics, tables and abbreviations.
(III) The contractual partner shall ensure that the text to be translated is free from third-party rights and may be translated. Further, the contractual partner shall hold the Translator harmless in regard to third-party liability and shall assume all liability from third parties himself.
(IV) If the translation is intended for print, the contractual partner shall provide the Translator any corrections prior to going to press, so that the Translator can eliminate any errors. Dates, names, and numbers must be checked by the contractual party for accuracy and completeness.
(V) The Translator shall not be liable for damages and delays that result from the breach of duty to cooperate on the part of the contractual partner.
§ 5 Liability and Warranty Provisions
(I) The Translator’s liability is limited to presumption of gross negligence, unless it concerns a main obligation of the contract.
(II) The Translator’s liability for minor negligence is limited to an amount not to exceed €5,000.00. Any liability beyond this amount can be agreed to in writing by an individual agreement between the parties.
(III) The Translator is liable to the contractual partner for damages resulting from injury to life, limb, or general well-being arising from negligent breach of duty or presumption of negligent breach of duty from her legal representative or assistant, to the fullest extent of the law.
(IV) The contractual partner must immediately present the Translator with a notice of defects. The Translator has the right to correct the defects within a reasonable period of time.
(V) The Translator is liable for defective translation in accordance with legal regulations and assumes no liability regardless of negligence or fault.
(VI) Claims regarding defects according to BGB § 634 No. 1, 2 and 4 fall under the statute of limitations for companies, BGB § 634a I No. 3 notwithstanding, within a year.
§ 6 Duty to Maintain Confidentiality
The Translator is obliged to maintain secrecy concerning confidential circumstances that are brought to her attention in connection with her work. This includes, among other things, personal information on the contractual partner and confidential content in the text to be translated.
§ 7 Assistants
(I) The Translator retains the right to engage employees or third parties of her choice at any time without notice.
(II) In such cases, the Translator must ensure that these assistants are obligated to confidentiality pursuant to § 6 above.
§ 8 Acceptance
(I) The contractual partner is obligated to obtain the project within seven (7) working days after delivery, if the translation was completed according to the contract.
(II) Acceptance cannot be refused if the defect is insignificant.
§ 9 Compensation
(I) Remittance to the Translator is due in full within 14 calendar days from the date of the invoice.
(II) All prices are net plus VAT.
(III) In addition to the agreed upon fee, the Translator is entitled to reimbursement of actual costs and expenses incurred.
§ 10 Advance
(I) For contracts valued at more than €800.00 euros gross, an advance of 20 percent of the total will automatically become due upon contract signing.
(II) If the total value of the contract is not known at the outset, the Translator will estimate the value within a reasonable period of time.
§ 11 Retention of Intellectual Property
The translation will remain the property of the Translator until full payment is made.
§ 12 Final Provisions
Insofar that the contractual partner is not a consumer as defined by BGB § 13, Würselen is considered as the place of fulfillment for all deliveries and payments. German law applies exclusively to all legal transactions and the resultant claims. For consumers, this choice of law applies insofar as the protection afforded by mandatory provisions of the law in the country of the consumer’s habitual residence will not be withdrawn. If you are not a consumer, jurisdiction is Würselen (Aachen) for all disputes.
§ 13 Right of Withdrawal
Instruction Regarding Rescission
You have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period shall be fourteen days from the date of contract. To exercise your right, you must inform me about your decision to withdraw from this contract by means of a clear declaration (a letter by mail, fax or email). You can use the attached withdrawal form, but it is not compulsory.
Elise Hirsch, Certified Translator (IHK), Talblick 19, D-52146 Würselen, Germany
Tel.: +49 2405 1407272, Fax: +49 2405 00052, mobile: +49 151 61217487, email: firstname.lastname@example.org
To safeguard the withdrawal period, it is sufficient that you send your communication concerning the exercise of the right to withdraw before the expiration of the withdrawal period.
Effects of Rescission
If you withdraw from this contract, I shall return to you all payments that I have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the standard delivery offered by me), which will be repaid within fourteen days from the date on which the notification has been received regarding your cancellation of this contract. For this repayment I shall use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; you will not be charged fees because of this repayment.
If you required services to begin during the withdrawal period, you shall pay me an appropriate amount pro-rated to the date on which you informed me of the right of withdrawal from this contract, for services rendered compared to the overall level of services outlined in the contract.
The right of withdrawal is excluded for delivery of goods that are produced according to customer specifications or clearly tailored to personal needs.
End of Instruction Regarding Rescission
As of July 2014
These terms and conditions were established by Isabella van Vangerow, Attorney at Law.
Courtesy of DVÜD eV