General Terms and Conditions
(Version 20 September 2017)
1. General Conditions
The present General Terms and Conditions (GTC) apply to all business relations between Sprachfuchs Übersetzungsservice GmbH and the client. The general terms and conditions are accepted by the client at the time an order is issued, even if no explicit reference is made again to the GTC. The validity of other agreements or the use of other general terms and conditions can only be accepted by Sprachfuchs Übersetzungsservice GmbH with a prior written submission. These GTC apply to the complete business relationship, meaning all subsequent orders. The orders will be executed by Sprachfuchs Übersetzungsservice GmbH itself or by assigned translators.
2. Conclusion of Contract and Cancellation Conditions
The placing of order has to be made by the client in writing via e-mail, fax or post. The order shall only be deemed accepted if the client has received a confirmation of order or an invoice from Sprachfuchs Übersetzungsservice GmbH. Defects or delays in delivery arising from a vague, inaccurate or incomplete placing of order, shall be charged to the client. Sprachfuchs Übersetzungsservice GmbH reserves the right to withdraw from the contract if the text consists of illegal content, is contrary to principles of morality or other circumstances that make the processing of the text unrealisable (complex graphics/pictures, inappropriate difficulty, unrealistic delivery dates). If the contract is cancelled no further obligation to perform nor to pay remuneration exists between Sprachfuchs Übersetzungsservice GmbH and the client.
3. Client’s Obligation to Cooperate
If the client requires the use of a particular terminology, he or she has to provide it without being asked at the time the order is placed. This includes glossaries, images, tables etc. and possible remarks in regard to standards and legal requirements. If the source text contains company-specific abbreviations, they need to be provided as otherwise, correct translation into the target language cannot be guaranteed. In addition, the intended purpose and the target group need to be stated for an appropriate writing style. The client guarantees to Sprachfuchs Übersetzungsservice GmbH that she or he possesses all the rights of the source text to entitle Sprachfuchs Übersetzungsservice GmbH to the translation. Defects or delays in delivery shall be charged to the client if the client fails to comply with his or her obligation to cooperate.
4. Statutory Audit/Requirement to give Notice of Defects/Amendments
Sprachfuchs Übersetzungsservice GmbH provides the client with the translated documents or sends them to him or her. The documents need to be checked immediately upon receipt or provision.
If the client requests changes or complains about defects in the text, he or she needs to provide them immediately in writing, specifying the amendments. Sprachfuchs Übersetzungsservice GmbH sends the final document to the client on the basis of the reprimanded complaints. Amendments are excluded if the differences were caused by the client (incorrect/incomplete information or defective source text). Any claims towards Sprachfuchs Übersetzungsservice GmbH are excluded if the client does not carry out his or her statutory audit and duty to give notice of defects. After the expiry of 8 days upon receipt of the translated documents, they shall be deemed accepted.
5. Payment Conditions
The calculation of the prices occur on the basis of the estimated minimum prices of Sprachfuchs Übersetzungsservice GmbH, the level of difficulty, delivery dates (e.g. additional fee for urgent orders) and file format of the source text. In case of additional requests to the initial order after the conclusion of contract, Sprachfuchs Übersetzungsservice GmbH is entitled to charge for this work separately to the initially agreed price. For extensive orders, Sprachfuchs Übersetzungsservice GmbH may request an appropriate prepayment.
In the case of late payment, default interest at a level of 5% p.a. above the base rate will be due (Section 247 of the German Civil Code).
In accordance with Sec. 312g BGB (Bürgerliches Gesetzbuch – German Civil Code), the goods are produced to client specification, and no 14-day right of cancellation exists according to the Fernabsatzgesetz (German Distance Selling Act). Once the client has placed the order, the order is binding and the client is not entitled to a reimbursement.
7. Non-Solicitation Agreement
The client is obligated not to get in touch with the external translators of Sprachfuchs Übersetzungsservice GmbH and to entice them away.
8. Reservation of Proprietary Rights
Sprachfuchs Übersetzungsservice GmbH reserves the right to the property of deliveries prior to full payment of the client. After receipt of payment, the client receives simple usage and exploitation rights to the translation.
9. Force Majeure
Sprachfuchs Übersetzungsservice GmbH is not liable for damages that are attributed to force majeure and has in this case the right to withdraw from the contract, or to demand an additional period of time from the client to execute the order. Any kind of damage claims on the part of the client are excluded if such incidents occur.
Sprachfuchs Übersetzungsservice GmbH is liable without limitation pursuant to the statutory provisions for any loss of life, personal injury and damage to health that is due to a negligent or intentional breach of duty.
Sprachfuchs Übersetzungsservice GmbH is liable for all damages resulting from intentional or grossly negligent violations of the contract only to a maximum amount that does not exceed the amount of the order. The foregoing limitations of liability shall also apply to the legal representatives and other agents of Sprachfuchs Übersetzungsservice GmbH.
All further rights and claims are excluded, irrespective of their legal basis. This applies in particular to compensation for indirect damages (loss of profit, consequential damages, damages caused by using the translations.)
11. Place of Jurisdiction and Place of Performance
The place of performance is the registered office of Sprachfuchs Übersetzungsservice GmbH. The client shall be informed at the time of placing a new order about any amendments to our General Terms and Conditions. The general place of jurisdiction of Sprachfuchs Übersetzungsservice GmbH is agreed as the place of jurisdiction. The law of the Federal Republic of Germany shall apply to all rights and duties.
12. Severability Clause
Should any provision of this Agreement be or become void or ineffective, this shall not affect the validity of the remainder of the Agreement.