General Business Conditions
Collaboration Terms for Translation and Interpreting Services
Scope of Application
(1) These GBC apply to contracts between TETRAS and the client/company (the customer) unless otherwise agreed in writing or required by law. By placing an order these Terms and Conditions become valid and remain in effect for the entire business relationship. Any verbal side agreements must be confirmed in writing.
(2) The client’s own terms and conditions are binding for TETRAS only if TETRAS has expressly acknowledged them in writing.
(3) Even if the client cooperates with a third party TETRAS enters into the contract exclusively with the client who must meet the agreed payment terms regardless of the end customer’s payment practices.
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02Order Placement
(1) A translation order is considered placed only when
a) TETRAS has received the translation order form from the client by email, mail or fax, and
b) TETRAS has confirmed the order in writing.
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03Scope and Delivery of the Translation
(1) The translation will be carried out carefully and in accordance with professional standards. The client will receive the translation as contractually agreed in the translation order form.
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04Duties of Cooperation and Disclosure by the Client
(1) TETRAS reserves the right to consult the client if there are ambiguities in the source text or to prepare the translation in a generally understandable way to the best of its knowledge and judgment.
(2) The client must specify the purpose of the translation in the translation order.
(3) If the translation is intended for publication, the client must provide a proof copy before printing and a sample copy after printing.
(4) The client must supply any information and documents necessary for preparing the translation (e.g. glossaries, internal company documents, photos). If supporting material is not provided, technical terms will be translated in a generally accepted and understandable form.
(5) The client shall indemnify the translator against copyright claims that may be asserted against the translator as a result of the translation.
(6) The client is required to confirm receipt of the translation in writing.
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05Delivery Date, Force Majeure
(1) If a fixed delivery date is agreed in the translation order, it is generally binding.
(2) TETRAS is not in default if performance is prevented due to circumstances beyond its control. If delivery cannot be met due to force majeure or other reasons (translator illness, family emergency, computer failure, etc.) that are beyond the translator’s control, TETRAS must notify the client immediately. In such cases both TETRAS and the client are entitled to withdraw from the contract. Withdrawal must be made in writing. Any partial services already provided must be compensated. Further rights, especially claims for damages, are excluded in such cases.
(3) An extension of time can only be granted with mutual written consent.
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06Data Protection, Confidentiality
(1) TETRAS undertakes to maintain confidentiality in handling the translation order.
(2) Texts with criminal content and texts that violate public decency are not covered under section 6.(1) and may be rejected by the translator even after acceptance of the order.
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07Termination of the Contract
(1) If the client terminates an order without being legally or contractually entitled to do so, the translation work completed up to the time of termination must be paid for. Termination must always be made in writing.
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08Correction of Defects, Warranty Claims
(1) Defects in the translation resulting from illegible, incorrect or incomplete source texts or from incorrect terminology provided by the client are not the responsibility of TETRAS.
(2) All complaints regarding the quality of the translation must be submitted within thirty (30) days after delivery. Defects must be explained and demonstrated in sufficient detail in writing by the client. If TETRAS receives no written objection within thirty days after delivery, the translation is considered free of defects and the client waives all claims that may arise from potential defects.
(3) The client must allow the translator a reasonable period to correct defects. If the client refuses to do so, TETRAS is released from liability for defects. If defects are corrected within the granted period, the client has no right to a price reduction. If defects are demonstrably not corrected, the client may demand a reduction of the fee. No reduction is allowed for minor defects. Warranty claims do not entitle the client to withhold agreed payments.
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09Fees
(1) Fees may be agreed on a per-line basis, per-word basis or as a flat fee. When billing by line, the volume is determined on the basis of the source text. A standard line consists of 55 characters including spaces. A minimum fee according to the company’s current rates applies to each order.
(2) The fee agreed in the translation order is binding and payable in full within fourteen business days after receipt of the invoice. The invoice must be paid by bank transfer. The client is responsible for all bank transfer fees. If the translation is delivered by non-electronic means, the client must also pay the shipping costs in addition to the agreed fee.
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10Liability
(1) TETRAS is liable in cases of gross negligence and intent. Liability for slight negligence applies only in cases of breach of essential contractual obligations.
(2) TETRAS is not liable for damage or loss during transport. TETRAS uses up-to-date antivirus software but is not liable for any potential damage caused by computer viruses.
(3) TETRAS is not liable for failure to meet a delivery date for reasons beyond the translator’s control; see section 5.(2).
(4) If the client does not specify in the translation order that the translation is intended for publication, any resulting defect is entirely the client’s responsibility.
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11Applicable Law, Jurisdiction, Place of Performance, Severability
(1) The laws of the Federal Republic of Germany apply exclusively. The place of jurisdiction is the registered office of TETRAS. The place of performance is the registered office of TETRAS.
(2) If any provision of this contract is or becomes invalid in whole or in part, the validity of the remaining provisions is not affected. The invalid provision shall be replaced retroactively by one that comes as close as possible in meaning and purpose to the intended provision.