(1) These General Terms and Conditions shall exclusively apply to contracts concluded between techtrans GmbH and its customers, unless other terms have been expressly agreed in writing, or are prescribed by law. They shall apply for the entire term of the business relationship as well as to future transactions. (2) techtrans GmbH shall only be bound by the Customer’s General Terms and Conditions if it has expressly acknowledged them in writing.
Section 2 Scope of the translation order
The translation shall be produced with due diligence in accordance with prevailing professional standards. The Customer shall be provided with a copy of the translation as agreed by contract.
Section 3 Written form
Order placements and order cancellations are always required in writing.
Section 4 Coöperation and disclosure of information by the Customer
(1) The Customer is to inform techtrans GmbH in good time about any special forms of the translation required (translation on data storage media, number of copies, and readiness for printing, etc.). If the translation is intended for printing, the Customer shall provide the translation company with a proof for correction purposes. (2) The customer shall automatically provide techtrans GmbH with all information and documents necessary to carry out the translation in good time (glossaries, illustrations, diagrams, drawings, tables, and abbreviations, etc.). (3) techtrans GmbH shall not be held responsible for any errors incurred by failure to comply with these obligations.
Section 5 Interpreting services
Interpreting services shall be charged at an hourly rate (60 minutes). Travel, waiting, and arrival and departure times shall be charged at the applicable interpreting services rate. Expenses and other necessary disbursements shall be invoiced separately. Prices shall not include incidental expenses; necessary incidental costs such as phone, fax, postage, travel and allowable expenses shall be invoiced separately as incurred.
Section 6 Editing and proofreading
Text changes during the reviewing and editing process are only intended as suggestions for improvement and shall require a final review by the Customer. The Customer is to lodge a complaint regarding inadequate editing/proofreading, that is, review of the text concerned in terms of the orthography, linguistic style, factual character and stringent consistency; this shall be within fourteen days detailing the reasons in writing. This term shall commence at the end of the day on which the proofread text has been sent to the Customer.
Section 7 Professional secrecy
techtrans GmbH shall not disclose any facts or knowledge received in connection with its assignment for the Customer.
Section 8 Rectification of errors
(1) techtrans GmbH shall reserve the right to rectify any errors. The Customer shall be entitled to rectification of any possible errors in the translation within 14 days. (2) The Customer’s right to rectification of errors must be asserted in writing indicating exact details of the error(s). In case of failure to rectify errors or deliver an alternative text, statutory warranty rights shall apply again, unless an alternative agreement has been reached.
Section 9 Remuneration
(1) Invoices from techtrans GmbH are to be paid immediately upon receipt. If payment is not made by the payment date stated on the invoice, the Contractor shall be entitled to charge the Customer reminder fees of up to EUR 10.00 per written reminder and default interest. (2) If the price has not been agreed, the customer shall pay a remuneration that is deemed appropriate and usual for the type and degree of difficulty of the order concerned. When pricing the order, a minimum of the rates given in the German Act on the Compensation of Witnesses and Experts (ZSEG) shall be deemed appropriate.
Section 10 Quotations
(1) As the prices are based on the text to be translated, quotations shall always be binding. A variance in costs may arise from the different printed formats and the linguistic idiosyncrasies of the target language. (2) As soon as it is deemed unavoidable that the quoted amount will be exceeded, techtrans GmbH shall be obliged to notify the Customer of this immediately. In this case, the Customer may request immediate cancellation of the translation work commenced, whereby only the costs incurred up to this point in time shall have to be paid.
Section 11 Retention of title and copyright
The translation shall remain the property of techtrans GmbH until full payment has been received. The Customer shall not have the right to use the translation until then.
Section 12 Place of jurisdiction
(1) Any claim concerning disputes arising from the contractual relationship shall be formally filed with the court responsible for the registered office of techtrans GmbH. (2) St. Goar shall be the place of jurisdiction. techtrans GmbH shall also be entitled to file a claim at the Customer’s head office.
Section 13 Warranty, liability, and compensation
(1) techtrans GmbH shall be liable for any damages which it, its legal representatives, or its vicarious agents culpably cause in accordance with the following provisions. (2) Liability for slight negligence shall be excluded, unless contractual obligations have been breached. (3) techtrans GmbH’s liability for damages, which it, its legal representatives, or its vicarious agents culpably cause, shall be restricted in each case to a maximum of EUR 10 million for material damages and personal injury resulting from incorrect translations; and EUR 300 thousand for financial losses (for example, reprinting of instructions or brochures) resulting from incorrect translations. (4) Contractors who exercise their rights to rectification (in particular, compensation) may only do so, provided that they have properly fulfilled their obligation to examine and give notice of errors in accordance with Section 377 of the German Commercial Code (HGB). (5) If the Customer is a consumer as defined by the German Civil Code (BGB), he or she is to report the apparent error in writing within 14 days of acknowledging the translation concerned. Non‐apparent errors are to be reported in writing within a year of acknowledgement of the translation. The afore‐mentioned warranty rights (1 to 3) shall become void, unless exercised within the terms given above. (6) Liability shall be excluded for errors due to erroneous or incomplete information provided by the Customer, or the latter’s breach of obligations in terms of coöperation, or due to an incorrect original text. Liability shall be excluded in particular for poor quality, deficiencies, or delays which are due to an ambiguous, incorrect, or incomplete order placement. This shall particularly apply in the case of deficiencies or delays caused by errors or ambiguous or incorrect formulations in the source text. If the meaning of a particular word, which may have several meanings, cannot be properly derived from the context of the text, translation mistakes shall be on the Customer’s account if the latter has failed to hand over the related information necessary for producing the translation. (7) If there is a mistake in the translation, techtrans GmbH shall be entitled to a subsequent performance in that a new, error‐free translation shall be delivered. If the subsequent performance also falls through, the Customer shall have the right to decide upon withdrawal from the contract, or a price reduction. (8) Liability is excluded for damages caused by disruptions in techtrans GmbH operations. This shall apply in particular to a disruption due to force majeure, for example, natural events, strikes, traffic disruptions, traffic‐related delays, network and server failures, and connection and transfer failures for which techtrans GmbH cannot be held responsible. If delays are caused in these cases, this shall not constitute a deficiency in the performance. (9) Furthermore, liability for damages caused by viruses, trojans, autodialers, spam mail, or comparable data shall be exempt. techtrans GmbH computer systems are regularly checked for these types of data. If the performance is delivered by sending the files by modem, e‐mail, or other forms of remote transfer, the Customer shall be responsible for subsequently checking for viruses and data in the transmitted data and text file. In this respect, no claims for damages may be filed against techtrans GmbH. The electronic transfer of data shall be at the customer’s risk. Liability for damaged, incomplete, or lost parts of the text and data during electronic transfer shall likewise be excluded.
Section 14 Execution by a third party and non‐solicitation agreement
(1) techtrans GmbH may employ the services of third parties obligated to non‐disclosure for the execution of all businesses if it deems it appropriate or necessary. These third parties ensure data security by means of personnel, technical and organisational measures.. In this respect, techtrans GmbH shall only be responsible for due diligence in terms of its selection. Due diligence in the selection process shall be deemed sufficient if the third party commissioned is a translator/interpreter who is in a position to produce high quality translations based on training or professional experience. Contact between the Customer and a third party commissioned by techtrans GmbH shall only be allowed with the latter’s consent. The business relationship exists only between the Customer and techtrans GmbH as a matter of principle. (2) If a third party has been named, the Customer shall be forbidden from having direct business communications with the former. This shall apply for a year after completion of the contract. The Customer is to pay techtrans GmbH damages in the event of failure to comply, electively up to a maximum of EUR 25,000.
Section 15 Official certifications
Unless otherwise instructed by the Customer, translations of certificates shall always be certified in order to be accepted by the relevant authorities in charge. An additional fee shall be charged for these certifications. No liability shall be assumed for the accurate rendering of names and addresses on certificates that are handwritten. This shall also apply to illegible proper names and figures in documents indicating civil status, and other documents.
Section 16 Cancellation
If the Customer cancels a placed order without being legally or contractually entitled to do so, the costs incurred up to the point of cancellation must be reimbursed and any work that may have already been rendered is to be paid for. Alternatively, a fixed rate of 25 % of the order sum shall be payable immediately. Upon cancellation of a booked interpreter and/or translator no later than 5 days before the booked appointment, we shall charge a cancellation fee of up to 50% of the chargeable amount; cancellation up to 3 days before the booked appointment shall incur a cancellation fee of 75%. Cancellations hereafter shall be charged at the full rate, as we will have concluded identical contracts with our translators/interpreters.
Section 17 Place of performance and jurisdiction
St. Goar shall be the place of performance and jurisdiction.
Section 18 Severability clause
Should one or more stipulations of this Contract be invalid, the validity of the remaining terms shall not be affected.
Section 19 Amendments to the Terms and Conditions
The Customer shall be notified in writing of any amendments to the Terms and Conditions. They shall be deemed approved if the Customer fails to contest them in writing within a period of two weeks from the notification. Amendments shall only apply to future business transactions.
(Status in May 2017)