General Terms and Conditions - Schleicher Sprachservice GmbH & Co. KG
(1) These General Terms and Conditions apply to contracts between Schleicher Sprachservice GmbH & Co. KG (hereinanfter referred to als "Schleicher Sprachservice" and its Client, unless expressly agreed otherwise or mandatory by law.
(2) The General Terms and Conditions of the Client are only binding for Schleicher Sprachservice if Schleicher Sprachservice expressly recognises them.
2. Client’s Duty to Co-operate and Inform
(1) The Client shall inform Schleicher Sprachservice upon the award of the contract of the desired form of completion of the translation (purpose of application; delivery on data carriers; number of copies; certification; apostille; etc.). If the translation is scheduled for printing, the Client shall supply Schleicher Sprachservice with a proof in due time prior to going into press, so that Schleicher Sprachservice may eliminate any possible errors. Names and numbers are to be verified by the Client.
(2) The Client will supply the information and documents required to generate the translation to Schleicher Sprachservice when awarding the contract (terminology of Client; illustrations; drawings; tables; abbreviations; internal terms; etc.).
(3) Errors and delays resulting from the deficient or delayed delivery of information material and instructions are not for the account of Schleicher Sprachservice.
(4) The Client assumes the liability for the rights to a text and ensures that a translation can be contracted. The Client shall release Schleicher Sprachservice of potential third-party claims.
3. Client’s Rights Pertaining to Defects
(1) Schleicher Sprachservice reserves the right to remove errors. The Client is initially merely entitled to the removal of possible errors contained in the translation.
(2) The claim for the removal of errors must be enforced by the Client within one week, stating precise details about the error. Upon expiration of the time limit for the claim, Schleicher Sprachservice is entitled to refuse performing the removal of the error.
(3) If Schleicher Sprachservice does not remove the error which was promptly claimed within a suitable period of time, or refuses to remove the error, the Client may have the errors removed by another translator at the expense of Schleicher Sprachservice or optionally demand that the fees be reduced.
(1) Schleicher Sprachservice is liable for cases of gross negligence and intent. Not to be categorised as gross negligence are damages resulting from computer crashes or transmission interruptions during the sending of eMails or caused by viruses. Schleicher Sprachservice takes precautions against such cases by employing anti-virus software. The liability for cases of minor negligence applies exclusively in the case of major contractual duties being violated.
(2) The Client’s claim against Schleicher Sprachservice for substitution of a damage caused pursuant to No. 4 (1) Sentence 3 is limited to EUR 5,000.-. In the individual case the express agreement to a higher compensation total is feasible.
(3) The exclusion or limitation of such liability pursuant to No. 4 (1) and (2) does not apply to damages of a consumer in accordance with § 13 BGB [German Civil Code] in cases of death, injury to body and health.
5. Professional Secrecy
Schleicher Sprachservice undertakes to maintain secrecy about all facts of which it acquires knowledge in conjunction with its services provided for the Client.
6. Participation of Third Parties
(1) Schleicher Sprachservice is entitled to refer to employees or competent third parties for the performance of the contract.
(2) When referring to competent third parties Schleicher Sprachservice shall ensure that they maintain secrecy in accordance with No. 5.
7. Cancellation of Contracts
If contracts are cancelled (terminated) by the Client or if the Client waives the performance of the service, the full amount of fees as agreed is due, minus non-disbursed expenses, which are fixed and limited as follows:
For interpretation services affected by a cancellation up to six working days prior to the agreed start of the assignment, 50% of the agreed fees are payable; in case of a cancellation between five and two working days beforehand, 75% are due; and if cancelled less than 48 hours prior to the start of the assignment, 100% of the fees are due.
If no fees have been agreed for a translation, any lines already translated will be invoiced on the basis of the regular rates.
8. Reservation of Title and Copyright
(1) Until settlement of the complete invoice total, translations remain the property of Schleicher Sprachservice. Until such moment of settling the full amount of fees the right of use to the translation does not transfer to the Client.
(2) Schleicher Sprachservice reserves the right to any potential copyrights that have been created.
9. Applicable Law
(1) German law applies to the contract and all claims arising from the same.
(2) The courts of Frankfurt am Main shall have jurisdiction.
(3) The contract language is German.
10. Severability Clause
Gprovision is to be replaced by such valid provision which is closest to the economic outcome or purpose intended.
If Schleicher Sprachservice procures technical or other equipment of third parties (e.g. interpreter’s cabins; tour guide systems etc.) for the Client, Schleicher Sprachservice acts in the name and for the account of the Client. The Client is responsible for the due care and proper return of such equipment and releases Schleicher Sprachservice of all third-party claims resulting from the handing-over of such equipment.