GENERAL TERMS OF BUSINESS

§ 1 Scope of application

These General Terms of Business apply for the all of the business conducted between the company ConTec Fachübersetzungen GmbH (Contractor) and the customer (Client). The Client accepts these General Terms of Business by placing their order. These General Terms of Business apply for the entire business relationship, including future orders. Ancillary agreements, deviations and changes require written confirmation by the Contractor. The same applies in the event that, by way of exception, the Client’s General Terms of Business should provide the basis of an order.

§ 2 Order placement, Client’s cooperation obligations

1. Placement of the order by the Client occurs electronically by email, fax or post. In the case of orders placed by phone or by other formless means, any resulting problems are the liability of the Client. Execution shortcomings or delays resulting from an incomplete, inaccurate or ambiguous order placement are the liability of the Client. The contractual relationship only begins when the Contractor confirms acceptance of the respective order either in writing, via email or fax, or individually.
2. When placing the order for the translation to be conducted, the Client must inform the Contractor regarding the source language, target language, the subject area and the intended use of the text, in particular any wishes regarding the terminology and any specific wishes regarding the translation’s style (appearance of the translation), storage on specific media and the delivery date. If the translation is to go into print, the Client must provide the Contractor with a copy of the proposed printed version for proofreading purposes prior to the print run.
3. The Client must provide the Contractor unprompted with any documentation and information material required for conducting the translation when placing the order. Should such provided material be insufficient, the Contractor can require the Client to provide additional relevant information ¬material.
4. In the case of all orders accepted by the Contractor, the Contractor proceeds on the assumption that the Client holds the copyright to the source text to be translated. The Client has sole liability in the event of any copyright infringement.

§ 3 Scope of performance – execution – delivery

The respective scope of performance and the manner of delivery are to be agreed upon between the Client and the Contractor in writing. The Contractor assures a punctual, accurate translation. The translation will be completed in its entirety according to the best knowledge and judgment of the translator(s) in compliance with the principles of the relevant guidelines issued by applicable trade organisations and professional bodies, in accordance with the grammatical rules, and in accord with the meaning of the text and the intended use of the translation for information purposes. In the absence of accompanying information material or specific instructions by the Client, specialist terms/ phrases will be translated in their commonly used and commonly understandable form. A stylistic revision is not a component of the order.

The Contractor endeavours to complete all orders within the agreed timeframe. The Contractor however assumes no responsibility whatsoever for late deliveries caused by technical issues. Delivery of the translation occurs at the Client’s risk. Contractor liability in the event of any damage to the translation occurring within the framework of electronic transmission is precluded. In the event of delayed deliveries due to Force Majeure, technical difficulties or matters within the sphere of responsibilities of third parties (courier services), any liability for the Contractor is precluded. In such cases the Client provides the Contractor with an appropriate grace period. Delivery delays and errors resulting from the Client’s noncompliance with cooperation obligations are the sole liability of the Client. In the event of delayed delivery and the unfeasibility of the completion of the order(s) for which the Contractor is responsible, the Client is only authorised to withdraw from the contract if the delivery deadline has been exceeded for an inappropriately long period of time and the Client has set and notified the Contractor in electronic or written form of a subsequent grace period.

§ 4 Acceptance – Notification of errors/defects

The Client must proofread the delivered translation. The translation is regarded as having been accepted if the Client fails to notify the Contractor in writing of obvious errors/defects without delay within a period of no later than 30 days following delivery of the translation. In the case of legitimate complaints, the Client is only entitled at the Contractor’s discretion to a correction or substitute delivery of the translation in question. If this fails to resolve the issue, the Client is entitled to set the Contractor a reasonable period for the rectification of the error. Following the expiration of this period, the Client is entitled to demand a reduction in the amount of payment.

§ 5 Liability

The precontractual, contractual and non-contractual liability of the Contractor is limited to wilful intent and gross negligence. Damages resulting from computer failures and disruptions in the transmission of emails or caused by viruses do not constitute gross negligence. Liability with simple negligence applies solely in the event of the breach of primary obligations of the concluded contract. Simple negligence liability is limited to the value amount of the order in question. The Contractor expressly assumes no responsibility for the damage or loss of data files on Client or company data carriers and on electronic data transmission systems and networks, nor for the damage or loss of materials of any kind provided by the Contractor. In any case, liability is limited to the simple material value of the document originals or any other materials provided. Should the translation prove to be unsuitable for the Client’s planned intended use (publication, advertising purposes, etc.), the Contractor reserves the right to subsequent improvement. Under no circumstances do damage compensation claims against the Contractor emerge, even in the event that a publication or advertisement must be repeated or reputational damage or loss of image occurs for the Client due to a defective adaption.

§ § 6 Disruption, Force Majeure, network and server errors, viruses

The Contractor is not liable for damages resulting from Force Majeure (power supply failures, internet outages, natural disasters), operational disruptions, net¬work or server errors, line failures and transmission disruptions, or for damages caused by viruses. The Contractor warrants that its EDP system is regularly inspected for viruses. In the case of data files sent via email or any other means of remote transmission, the Client is responsible for the final inspection of data files and texts that have been transmitted.

§ 7 Remuneration

Offers and prices are subject to change. The Contractor’s invoice is payable without deduction within 30 days from the date of invoicing. ConTec Fachübersetzungen GmbH reserves the right to require private customers to pay the full invoice amount in advance when they place their order, and to require companies, depending on the scope of the order, to make an appropriate partial payment.
Die Rechnung des Auftragnehmers ist ohne Abzug zahlbar, innerhalb von 30 Tagen nach Rechnungslegung.
Die Firma ConTec Fachübersetzungen GmbH behält sich vor, bei Privatkunden den Rechnungsbetrag bei Auftragserteilung vorab geltend zu machen und bei Firmen, je nach Auftragsumfang, eine angemessene Teilzahlung zu fordern.

§ 8 Retention of title

The translation remains the property of the Contractor until full payment has been received.

§ 9 Data protection

The Contractor cannot guarantee the absolute protection of trade and information secrets and other confidential data and information in the case of the electronic transmission of texts and data between the Client and the Contractor as well as any eventual vicarious agents, since it cannot be precluded that unauthorised third parties use electronic means to access the conveyed information. The Client agrees for its data to be stored in accordance with the applicable legal regulations for the purposes of the execution and completion of the order. The Contractor accepts the obligation to treat the contents of the documentation to be translated and any other provided information material, along with any data revealed to the Contractor in connection with the business relationship confidentially. In particular, no breach of this obligation occurs if the Contractor uses vicarious agents in the execution and completion of the order.

§ 10 Applicable law and place of jurisdiction

The contractual relationship between the Client and the Contractor is subject exclusively to German law under the exclusion of international sales law. To the extent permitted by law, Dortmund applies as the exclusive place of jurisdiction for all disputes arising from this contractual relationship.

§ 11 Validity

The validity of these General Terms of Business is not affected by the inefficacy or invalidity of any of its individual provisions.