Ingrid Eggers/Certified Translator
Phone: +49(0)40-47 44 37
VAT ID Number DE118802270
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General Terms and Conditions of Business
1. Scope of validity
These general terms and conditions of business apply to Words at Work® (hereinafter referred to as the „contractor“) and its customers (hereinafter referred to as „the client“). They apply throughout the entire term of the business relationship and to all future business. In the absence of any agreement to the contrary in individual cases, which will require the express approval of the contractor and the written form, no other conditions will be recognised.
2. Scope of the translation order
Translations will be completed in accordance with the principle of proper exercise of the profession. The client will receive the contractually-agreed copy of the translation.
3. Client’s duty of cooperation and disclosure
I. The client must inform the contractor of the desired form of the translation in good time (intended use, method of delivery, external appearance, etc). Should the translation be intended for printing, the client must provide the contractor with a proof in good time before going to press, so that the latter can correct any errors. The client must verify names and numbers. However, the contractor is not responsible for approval to print.
II. When placing the order, the client must provide the contractor with the information and documents (client’s terminology, illustrations, drawings, abbreviations, in-house terms, etc) required to produce the translation.
III. The contractor will not bear the expense of errors and delays arising from non- or delayed delivery of background material and instructions.
IV. The client will assume liability for the rights to a text and must ensure that it may be translated legitimately. The client will indemnify the contractor against corresponding claims by third parties.
4. Rights of the client in the event of shortcomings
I. The contractor reserves the right to rectify shortcomings. The client will initially only be entitled to rectification of possible shortcomings in the translation.
II. The client must specify the shortcoming precisely when asserting a claim for rectification.
III. Should the contractor fail to rectify the alleged shortcoming within a reasonable period, refuse to rectify the shortcoming or should rectification be deemed unsuccessful, the client may either have the shortcoming rectified by another contractor at the contractor’s expense, after consulting the contractor, or demand a reduction in the price or cancel the contract.
I. The contractor will be liable for gross negligence and deliberate intent.
Losses attributable to computer breakdown, e-mail transmission faults and viruses will not be deemed gross negligence. The contractor will take precautions in the form of anti-virus software. The contractor will not be liable for losses which are not attributable to malfunctions outside its responsibility. This expressly applies to network and server failures attributable to the internet service or telecommunications provider used by the contractor.
II. The client’s entitlement to refund by the contractor of a loss incurred in accordance with section 5(I) is restricted to EUR 5,000. A higher entitlement to compensation may be agreed in individual cases, but may not exceed the limit of the liability insurance for monetary loss subscribed by the contractor.
III. Claims by the client against the contractor for shortcomings in the translation (section 634a of the German Civil Code [BGB]) will be time-barred one year after acceptance of the translation, unless malicious intent applies.
IV. Notwithstanding section 634a BGB, liability for consequential losses will be restricted to the statutory time-barring period. Section 202(1) BGB remains unaffected.
The contractor undertakes to observe the confidentiality of any matters of which it becomes aware in connection with its work for the client.
7. Involvement of third parties
I. The contractor is entitled to use employees or skilled third parties to execute the order.
II. If skilled third parties are used, the contractor must ensure that they undertake to observe confidentiality in accordance with paragraph 6.
The amount of remuneration will be agreed when the contract is concluded. Services (translation, proof-reading and adaptation) will be charged by the hour or by length of the text. The contractor’s invoices are due and payable strictly net within ten days of date of invoice.
All prices are net of VAT at the statutory rate.
9. Reservation of title and copyright
The translation will remain the property of the contractor until payment has been made in full. The client will not enjoy any prior right of use.
The contractor reserves any copyright arising.
Should the client cancel an order already placed with the contractor, it undertakes to pay for the service already performed prior to cancellation. Proportional payment must be made for the service performed up to this time.
11. Applicable law
German law will apply to this contract and any claims arising from it.
The court of jurisdiction for any disputes arising from this agreement is Hamburg.
The contractual language is German.
12. Separability clause
The effectiveness of these general terms and conditions of business will not be affected by the nullity of individual provisions. The invalid provision must be replaced by a valid provision which reflects the financial objective or intended purpose as closely as possible.
13. Amendments and additions
Additions and amendments to these general terms and conditions of business will only be valid if they have been agreed in writing. This will also apply to waiver of the requirement for the written form.