General Terms of Contract:


GTCs make-sense

 

1. Area of validity

(1) The terms of contract are valid for the translator and the client in so far as no other specific agreement has been reached or deemed to be indispensable due to law.

(2) The client's general terms of contract are obligatory for the translator only when they have been expressly agreed upon by the translator.

 

2. Scope of the translation contract

The translation is to be duly carried out in accordance with the basic principles of the profession. The client will receive the contractually agreed upon translation.

 

3. Client's participation and information obligation.

(1) The client assumes the responsibility to duly inform the translator of any special conditions, which may be required (data carrier, number of copies, print proofing, prescribed form, etc.). When the translation is ready to be printed, the client is to provide the translator with a proof.

(2) Any information and documents required for the translation are to be given to the translator punctually and unsolicited (glossary, photos, drawings, tables, list of abbreviations, etc.).

(3) Any errors resulting from non-compliance with the aforementioned obligations are not to be considered the responsibility of the translator.

 

4. Remedy of faults.

The translator retains the right to remedy any faults. The client has the right of claim to elimination of any faults in the translation. Any client claim pertaining to the elimination of faults is only applicable after receiving exact data pertaining to the deficiency.

In case of failure of rectification and, or delivery of a substitute, the statuary liability laws of the producer are applicable in lieu of any other reached agreement.

 

5. Liability

The translator is liable for any willful negligence and intent. Liability due to minor negligence is only applicable in conjunction with any material breach of obligation.

 

6. Professional confidentiality

The translator is obligated to confidentiality in any and all matters relating to the material given to them by the client.

 

7. Payment

(1) Payment is due immediately upon receipt of the completed translation.

(2) Acceptance is to follow immediately after the delivery of the work in question. If the client does not accept the work within three working days, acceptance is considered to be effected.

(3) In addition to the agreed upon fee, the translator is to be compensated for any additional actual costs agreed upon with the client. The sales tax is included in the final price and is to be listed separately in any contracts with private clients. In all other cases it will be added additionally as the law requires. In the case of extensive translations, the translator may ask for an advance payment, which may be required to fulfill the contract. In justified cases the handover of the work will depend on full payment in advance.

(4) If the fee has not been agreed upon in advance, the fee will be appropriate and customary based on the type and difficulty of the work in question. The minimum stated legal reimbursement for witnesses and expert witnesses will be considered as appropriate and customary.

 

8. Withdrawal from or canceling of contract

If the client withdraws from, or prematurely cancels a concluded contract, the agreed upon fee will be converted to correspond to the actual number of workdays scheduled to be performed. It the client prematurely withdraws from the contract, the pro-rated costs of the finished work are due the translator from the client. The client maintains the right to furnish proof that lower costs were actually incurred.

 

9. Reservation of ownership and copyright

(1) The translation remains the property of the translator until full and final payment. The client has no right of exploitation until full and final payment has been made.

(2) The translator reserves his copyright protections.

 

10. Applicable law / severablility clause

(1) Geman law is applicable for the contract and any claims resulting thereof.

(2) Legal venue is to be the corresponding place of residence of the contractor.

(3) The language of contract is to be German.

(4) The validity of the conditions of contract is not affected by the invalidity or inoperativeness of any individual provision.