General terms and conditions1. Territory(1) These terms and conditions are applicable for contracts (orders) between the translations office Eva Peschel, Türkenstraße 43, 80799 München, represented by the company owner Eva Peschel (in the following - translator) and its client, unless explicitly agreed upon otherwise or unless inalienably required otherwise by law. (2) General terms and conditions of the client are only binding to the translator if explicitly accepted. 2. Extent of the translation order Each and every translation shall be carefully made upon the concepts of orderly professionalism. The client shall obtain the contractually agreed copies of the translation. Herein, translations shall be drafted according to the meaning of the original text, literally or analogously and according to the mentality of the respective language area, as well as based upon the average common quality scales of the translators' branch. Individual terminology common to the client can only be taken into consideration on corresponding agreement, if sufficient and complete documents, such as e.g. earlier translations, patent claims or word lists are already made available at the time of placement of the order. Technical terms shall otherwise be translated as generally common according to the above quality scales. 3. Client’s cooperation and information obligation (1) The client shall inform the translator of the desired embodiments of the translation in due course (intended use, delivery on data carriers, number of copies needed, readiness for print, appearance of the translation, certification etc.). If the translation is meant for print, the client shall let the translator have a galley proof early enough before printing for the translator to be able to remove possible errors. Names and figures are always to be reviewed by client. (2) Any mistakes and delays caused by missing or delayed delivery of information material and instructions are not at translator’s expense. (3) Only client assumes liability for the rights on a text and ensures that a translation may be made. Client expressly indemnifies translator from corresponding third-party claims. (4) Client shall review the translation on delivery; on acceptance of the translation, liability for consequential damages from translation errors permanently shifts to client. 4. Client’s rights in case of defects (1) In commercial business, obvious translation defects must be claimed immediately on receipt at the client’s in writing, indicating the defects exactly (duty of inspection, notification, and rejection); hidden defects must be claimed immediately on discovery. In non-commercial business, client must file written notice of defects within 14 days from delivery. If no notice of defects is received within 14 days, the translation is deemed accepted (§ 640 BGB). Translator reserves the right to remedy defects. First, client thus only has a claim to remedy of possible defects contained in the translation. (2) The claim to remediation of defects must be asserted by client with exact indication of the defect. (3) If translator does not remedy the claimed defects within a reasonable term or if translator denies remediation of defects or if remediation of defects must be deemed failed, and after translator has been heard, client may have the defects be remedied by another translator on translator’s costs or demand reduction of fees or withdraw from the contract. Remediation of defects is deemed failed if the translation is still defective after repeated efforts at improvement. 5. Liability (1) Translator is only liable for gross negligence and intent. Damages caused by computer default and transmission breakdown in E-Mail delivery or via viruses. Translator takes precaution by anti-virus software. Liability for slight negligence is excluded. (2) Client’s claim against translator for compensation of damages caused is limited to 5,000.00 €. (3) The exclusion or limitation of liability is also applicable for user damages from a violation to life, body or health. (4) Claims of client against translator for defects of the translation forfeit (§ 634a BGB) within one year from acceptance of the translation, except for fraudulent intent. (5) Compensation for consequential damages due to defects is excluded. 6. Discretion Translator commits to discretion on all facts, personal data, company secrets etc. made available in the context of work for the client. 7. Contribution of third parties (1) Translator is expressly authorized to use employees or competent third parties for the execution of an order. (2) Where competent third parties are used, translator takes care that they also commit to discretion. 8. Remuneration (1) Translator’s invoices are due and payable without discount within 14 days from the date of invoice, via bank transfer, PayPal, or cash payment. (2) All prices are net prices. Under § 19 Value Added Tax Law, no value added tax is calculated, applying small-business regulation. (3) Remuneration is 0.12 € per word, if applicable plus 10.00 € surcharge for difficult work conditions in case of illegible texts, 10.00 € for certifications irrespective of kind and length of document, 35.00 € for revising and editing per page. 9. Retention of title and copyright (1) Up to complete payment, the translation is sole property of the translator. Up to complete payment, client has no right of use whatsoever. (2) Translator reserves a possible copyright. 10. Right of withdrawal After placement of an order, client has no right of withdrawal. 11. Applicable right (1) Only German law is applicable to the contract and all resulting claims. (2) Place of fulfillment 80799 München. (3) Place of venue is the place of fulfillment. (4) German is the sole contractual language. 12. Severance clause Effectiveness of these terms and conditions is not affected by voidness or ineffectiveness of individual provisions. The void provision shall be replaced by a valid one, as close to the economic result or intended purpose as possible. 13. Amendments and supplementations Amendments and supplementations to these general terms and conditions are only valid in writing. München, 05/27/2011
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