General terms and conditions of Übersetzerzentrale München/Landshut

* "Übersetzerzentrale München" and "Übersetzerzentrale Landshut" are proper names, remain untranslated and are substituted by its short form "Übersetzerzentrale" in the following text.

1. Area of application

  1. These general terms and conditions apply to all contracts between Übersetzerzentrale and its clients, unless otherwise explicitly agreed upon or unless other German laws or regulation are applicable.
  2. The general terms and conditions of the clients of Übersetzerzentrale are only binding for Übersetzerzentrale, if these have been explicitly accepted in written form.

2. Scope of services rendered

The order is executed according to general translation or other professional standards and according to the translator's best knowledge. The client receives the services or translated documents, as agreed upon in advance in written form.

3. The client's obligation to provide information to Übersetzerzentrale relevant to executing the order

  1. The client has the obligation to provide Übersetzerzentrale with information regarding the required form of service or translation no later than when the order is submitted (such information includes number of necessary copies, translation to be provided in written or digital form, on CD, via E-mail, in a specific format etc.). The client is responsible for reviewing documents before their publication.
  2. Information and documents necessary to execute the order such as glossaries, graphics, specific short forms etc. have to be submitted to Übersetzerzentrale at the launch of the project.
  3. If the client does not meet the above mentioned obligations, Übersetzerzentrale shall not be held responsible for any errors due to lacking information from the client.

4. Execution of orders and remedy of possible defects

  1. The order is executed according to generally acknowledged translation standards, i. e. the translator/interpreter acting according to the best of his knowledge. Technical terms are translated according to general standards, unless the client has provided Übersetzerzentrale with specific glossaries containing the terms in question.
  2. Übersetzerzentrale shall not be held liable for any errors or minor quality translations, if these are due to incomplete original texts, errors in the original text or in the client's glossaries/terminology.
  3. The client has the right to file a complaint with Übersetzerzentrale, if the translation includes obvious translation or spelling mistakes. These errors will be then corrected by Übersetzerzentrale without any further charges for the client, if they have a major effect on the overall translation. The complaint has to be filed immediately upon delivery of the required translation and in written form, specifying the exact location and nature of the mistake. The client has to specify a date of delivery for the corrected translation which is adequate and feasible.
  4. The client has no right to obtain a corrected translation by filing a complaint with Übersetzerzentrale, if the complaint is filed a fortnight (14 days) after the delivery of the translation to the client or later.
  5. If the corrected translation still does not meet the client's expectations and no other agreement was made regarding the compensation etc., the statutory warranty rights come into force.
  6. The date of delivery for executing an order is binding and agreed upon when placing the order. Übersetzerzentrale shall not be held liable for delays in executing an order or for failures to do so, if these are due to causes beyond the reasonable control of Übersetzerzentrale. Übersetzerzentrale reserves the right to cancel an order or to ask the client for an extension of the delivery date, if such causes include acts of God. In these cases the client has no to further right to claim damages or other forms of compensation from Übersetzerzentrale. Dates of delivery and prices have to be agreed upon anew, if the nature or the extent of the order is being reviewed.

5. Liability

  1. Übersetzerzentrale shall be held liable in cases of gross negligence and premeditation. In cases of slight negligence Übersetzerzentrale shall only be held liable, if major obligations regarding the execution of the order, as agreed upon beforehand, were neglected.
  2. Übersetzerzentrale shall not be held liable for any damages to or losses of the material provided by the client. The client is responsible for storing copies or creating backups of the provided material/data.
  3. The maximum amount for any claims for damages may not exceed the maximum amount of the order value.

6. Confidentiality

Übersetzerzentrale is committed to treating all client-related information and documents with absolute confidentiality and not to disclose any data to third parties.

7. Terms of payment und how charges are calculated

  1. The volume of the translation is determined by the number of standard lines of the completed translation. A standard line consists of 55 characters including empty spaces.
  2. The payable amount is to be settled within a fortnight (14 days) after the delivery of the translation.
  3. Übersetzerzentrale has the right to include any further expenses related to the translation order or service in the payable amount. The client is generally informed about any additional expenses in advance. Übersetzerzentrale is entitled to a reasonable advance payment in case of large-scale orders. Reviews are calculated on an hourly basis.
  4. If no other agreements between the client and Übersetzerzentrale regarding the charges for the translation order or service were made, the regulations and provisions of the German law, especially the provisions of the JVEG (Justizvergütungs- und Entschädigungsgesetz, Section 3, Article 8-14) are applicable. These articles regulate the compensation for court experts, interpreters, translators, honorary judges, witnesses and any other third parties in court proceedings in Germany. (www.jveg.de)

8. Reservation of proprietary rights and copyright

  1. Übersetzerzentrale retains all proprietary rights for the produced/translated/reviewed documents until all due charges were settled by the client. The client has no right of use for the produced/translated/reviewed documents until all due charges were settled.
  2. Übersetzerzentrale reserves the copyright.

9. Rescission of a contract

The client can only withdraw from a contract before completion of the requested translation or service because of substantial causes. The rescission of a contract shall only be accepted by Übersetzerzentrale, if made to Übersetzerzentrale in written form. Übersetzerzentrale retains the right to claim for damages for incurred losses up to the amount of the order value.

10. Applicable law, court of jurisdiction

  1. All claims related to orders shall be settled under German law.
  2. The court of jurisdiction is Landshut or Munich, Germany respectively.

11. Severability clause

These conditions remain applicable and valid, even if single provision of these general terms and conditions are or may become invalid under German law.