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GCC

General contractual conditions

In lack of a differing agreement, the Translation Agency (hereinafter referred to as the Agent) will only undertake translation services from the Principal with the following conditions.

1          THE CONTENT AND TYPE OF THE SERVICE, THE ORDER

1.1             The service: verbal or written translation. All services that result in a translation in the target language and recorded on electronic or paper data medium of the original text in the source language recorded on electronic or paper data medium is considered to be a written translation. All services that result in a verbal translation into the target language of the text verbally expressed in the source language are considered to be verbal translations (interpreting).

1.2             The order: in the order, the Principal and the Translation Agency conciliate the content, format, and size of the text to be translated, the source and target language(s), the format of the source documents and the target documents, the deadline, the method of settlement and the unit price, as well as any other agreements. The conciliation can take place either verbally or in writing. If orders are made regularly, the concluding of a framework agreement is recommended.

2         PERFORMANCE OF THE ORDER, DEADLINES, CONFIDENTIALITY

2.1            The order is considered to be fulfilled simultaneously to the delivery of the translation in the way agreed upon in the order and in the case the Principal fails to lodge a complaint within 15 days.

2.2            The Translation Agency will deliver the translation to the Principal by email or mail, as agreed upon. In case the parties agreed upon personal delivery, the Principal will receive the translation at the Translation Agency!s offices. If the Principal fails to receive the completed translation in spite of the written request of the Agent, the Agent can rescind the Agreement and demand the settlement of the incurred damages and costs.

2.3            The Agent is only obligated to keep the document to be translated and the translation for 30 days following the performance deadline. Following this time, the Agent does not accept responsibility for the materials and documents.

2.4            A requirement of adhering to the completion deadline is that the Agent receive all the documents necessary for the translation at the time of placing the order. In case these conditions are not met in time, the deadline for completion will be elongated by the same amount.

2.5           Delayed delivery will only authorise the Agent to rescind the agreement if such a stipulation has separately been set forth in the agreement. A delay on behalf of the Principal excludes the possibility of a delay on behalf of the Agent. In case of a lawful rescinding of the agreement, the Agent will only be authorised to request compensation for its justified costs.

2.6           In case the Agent has not yet commenced work on the order and the Principal cancels a placed translation order, the Principal is obligated to pay 10% of the net value of the order to the Agent as a cancelation fee.

2.7            The Translation Agency handles confidentially any materials presented to it by the Principal and only makes those available to the translators, proofreaders, and employees entrusted with the translation. The Agent undertakes to obligate all those who are given access to the source documents and the translation to maintain confidentiality regarding their content.

3         THE SERVICE FEE, PAYMENT

3.1            The prices of the translation services are defined by the relevant price list of the Agent, or the offer it gives for the given order, or the valid framework agreement concluded with the Principal. The Principal is authorised to set a minimum fee.

3.2            Offers are only valid if made in writing and for a period of 1 month from the time the offer is made.

3.3            The Agent can charge the respective translation fee for the proofreading of translations made by third parties and for the certification of verbal translations.

3.4            In case of written translations, the Agent can request that previously delivered translations be modified. If the changes in the modified document are not clearly marked compared to the previous version, the Agent is authorised to charge the Principal for the translation of the complete document. If the Principal clearly marks the changes in the document to be translated, the Agent will only translate the marked parts and will only charge the Principal for the translation of those parts and for any supplementary additional necessary translations.

3.5            The service provided by the Agent counts as an intellectual product. The Agent maintains all the rights concerning the use of the intellectual product until the time the full amount of the invoice has been paid. The rights for use will only be considered as transferred at the time of payment of the full amount of the invoice.

3.6            Unless the contracting parties set forth otherwise, payment will be made through bank transfer. The Agent has the right to request instalments on the payment. The deadline for payment of the invoice is 15 days, regardless of the time of acceptance of the translation.

3.7            In case of delayed payment on behalf of the Principal, the Principal is obligated to pay the relevant default interest, which is twice the relevant central bank base rate.

3.8            In case of delayed payment on behalf of the Principal, the Agent maintains the right to suspend any other translation orders it has in its possession until the time the payment is fulfilled. This stipulation also applies to those orders of the Principal in the case of which the parties agreed to a set delivery deadline.

4         GUARANTEE, COMPENSATION, VIS MAJOR

4.1            The Agent is obligated to prepare the translation in the target language(s) in good quality and in a professionally and linguistically sound manner. The Agent is obligated to perform the translation with necessary diligence but is not under obligation to meet the subjective expectations of the Principal.

4.2            Any complaints concerning the quality of the written translation must be submitted within two weeks of delivery of the translation and immediately after completion in the case of verbal translations. Any requests for compensation from the Agent must also be submitted within this same deadline. The Principal must provide the reasons for any translation deficiencies. Requests for guarantees cannot be validated after a period of six months following completion of performance.

4.3            In case a deficiency is truly found to exist in the translation, the Principal must provide the Agent with the opportunity and the necessary time to make the corrections. If the Principal fails to do so or requests a third party to correct the deficiencies, the Agent is exempted from all obligations to make corrections. If the Agent makes the necessary corrections in the time it is given, the Principal is obligated to pay the full amount of the Agent's invoice unless the Principal incurs provable damages as a result of the delayed performance.

4.4            If the Agent fails to make the necessary corrections within the time of the extended deadline, the Principal can rescind the contract or request a discount in the price. In case of a negligible mistake, the Principal does not have the right of rescinding. The mistake is considered negligible if a mistake cannot be found that impedes the understanding of the text.

4.5            Requests for the correction of deficiencies do not give the Principal the right to withhold the payments defined in the agreement.

4.6             The Agent does not accept responsibility:

  •  for the translation of special technical terms (especially sectoral or those used by the Principal within the company) that are included in the document and which have not yet entered the public domain, or for the translation of non defined acronyms, unless the Principal has provided these terminologies to the Agent at the time of placing the order.
  • for translation deficiencies arising from errors, omissions, ambiguous phrasing, or texts that cannot be interpreted in the source language.
  •  in the case of translations to be published or made public in some other way, for damages arising from translation deficiencies, except if the Agent was given the opportunity to proof the printer's proof or conduct some other form of proof prior to publishing (in which case the Agent can charge an additional cost for proofing).
  • in the case of urgent translations, for any inexactitudes occurring in the translation, as the urgent deadline unequivocally makes the high level of proofreading the Agent generally performs impossible, although the translation is performed with the most possible diligence and care in such cases as well.

4.7            The Agent is liable to the Principal for any damages according to the general regulations of the Civil Code. The Client is not obligated to compensate the portion of the price that was incurred as a result of the behaviour of the Principal. For any losses in revenue, the Agent is only responsible if the direct cause and effect relationship of the translation can be established.

4.8            Any cases of vis major (inevitable external circumstances) rescind the agreement between the Agent and the Principal. The Agent can request the settlement of its costs or the price of its partially fulfilled order.

5         MISCELLANEOUS

5.1            The contracting parties will do everything in their power to amicably settle any arising disputes.

5.2            The Agent designates the court with jurisdiction at its seat for the settlement of any legal disputes arising between the contracting parties as a result of the agreement.

5.3            The invalidity of any points of the agreement do not affect the validity of the other points of the agreement.

5.4            With the placing of the order for the translation service, the Principal accepts the present contractual conditions as binding upon itself.