General Terms and Conditions for translation services between a customer and the translator (hereafter referred to as „bemazón translation services“) according to the recommendations of the German Federal Association of Interpreters and Translators (BDÜ)
(1) The present General Terms and Conditions of Business apply to contracts between bemazón translation services and their clients except as otherwise expressly.
(2) The customer’s general terms and conditions are not binding for bemazón translation services, unless she has explicitly agreed to this beforehand.
The translation is thoroughly accomplished in accordance with the principles of proper professionalism. The customer receives the copy of the translation as agreed on in the contract.
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(1) The customer is obliged to inform the translator in due time about special forms of conducting the translation (translation on data carriers, number of copies, copies which are ready for press, external form of the translation etc.) If the translation is destined for print, the customer has to hand out a proof version to the translator in due time, so that bemazón translation services may rectify any potential errors. Names and figures are to be proofread by the customer.
(2) Information and documents needed for the production of the translation have to be handed over to the translator by the customer unrequested and in due time (glossaries of the customer, pictures, drawings, tables etc.).
(3) For flaws that result from non-compliance with these duties the translator cannot be held responsible.
(4) The customer is responsible for rights relating to the text and will guarantee that it can be translated. The customer releases bemazón translation services from any third party claims.
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(1) Bemazón translation services reserves to himself the right to remove errors. The customer has claims to removal of possible flaws in the translation.
(2) The customer has to assert his claims within an adequate period and give a detailed description of the flaw.
(3) In case bemazón translation services does not rectify the errors within an appropriate period of time, or refuses to do so, or if the rectification of errors is deemed to have failed, the customer shall be entitled to have the errors rectified by another translator, following consultation with the assigned translator and at the expense of the latter. Alternatively, the customer may request a price reduction or a cancellation of the order. The rectification of errors is deemed to have failed if the translation still contains errors even after several attempts of rectification.
(1) bemazón translation services is liable in cases of gross neglect or intention. Damages incurred by computer failure and malfunctions when transmitting e-mails, or damages caused by viruses are not considered gross negligence. bemazón translation services shall take the necessary precautions by means of anti-virus programmes. Liability in cases of slight negligence shall only apply in the event of violation of primary duties.
(2) The customer’s claim for damages against bemazón translation services is limited to Euros 5,000; in individual cases a higher claim for damages might be agreed explicitly.
(3) The customer’s claims against bemazón translation services for errors in the translation are subject to a limitation period of one year from the date of acceptance of the translation, except in the event of malice.
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bemazón translation services commits himself not to disclose any facts of which he acquires knowledge in the context of his work for the customer.
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(1) bemazón translation services shall be entitled to consult qualified third parties in order to execute the order or ask a cooperating freelancer of his choice to carry out the translation.
(2) In case of a consultation as previously mentioned, bemazón translation services makes sure that any third party entrusted by her complies with the obligation to maintain secrecy, according to item 6.
(1) Invoices are due for payment in full no later than 21 days after the date of invoice.
(2) The prices are net prices plus the legally applicable VAT.
(3) In addition to the agreed remuneration bemazón translation services shall be entitled to reimbursement of any expenses actually incurred and agreed upon beforehand with the customer. In every case, VAT will be charged in addition wherever required by law.
(4) If no agreement has been made as to the amount of the remuneration, the customer shall pay a remuneration that is deemed appropriate and usual for the type and degree of difficulty of the translation order. This fee will not be less than the respective rates applicable in accordance with the German Law on Remuneration of Witnesses and Experts (JVEG).
