General Terms and Conditions of Business
1. Scope of application
(1) These terms and conditions of order apply to translation orders between Faustino Bauer Fachübersetzungen (FBF) and its customers (clients), unless expressly agreed otherwise or prescribed as mandatory by law.
(2) The Client's General terms and Conditions of Business are not binding upon FBF unless explicitly acknowledged in writing.
2. Scope of the translation order
The translation order is performed in accordance with the principles of due and proper professional practice. FBF is obliged to work to the best of its knowledge and belief. FBF does not accept any obligation above and beyond that. The Client receives the contractually agreed copy of the translation.
3. The Client's duty to co-operate and provide clarification
(1) The Client is required to inform FBF in good time of separate translation specifications (intended use, delivery on data carriers, number of copies, copy for publication, external form of the translation, etc.). If the translation is intended for publication, the Client shall let FBF have a galley in good time before going to press, to enable FBF to rectify any errors. The Client must do the final check of names and figures.
(2) The Client is required to make information and documents necessary for preparing the translation available to FBF when placing the order without having to be requested (the Client's terminology, illustrations, drawings, tables, abbreviations, in-house terms, etc.).
(3) Errors and delays arising from a failure to supply or tardy supply of information material and instructions are not charged to FBF.
(4) The Client accepts liability for the rights to a text and guarantees that a translation is allowed to be made. The Client indemnifies FBF from third-party claims.
4. Complaints about defects/Rectification of defects
(1) FBF reserves the right to subsequent performance. The Client is initially only entitled to rectification of defects possibly contained in the translation.
(2) The Client is required to communicate the claim to subsequent performance in writing, specifying the defect. All complaints of defects are excluded with apparent defects at the end of two weeks after delivery of the translation, and with defects not apparent excluded two weeks after they are detected. Claims for rectification of defects lapse at the end of one year.
(3) FBF is obliged to remedy defects upon notification of justified defects. The Client is required to grant FBF a fair and reasonable time limit to do so.
(4) The Client's claims against FBF for translation defects (§ 634a of the BGB) lapse in one year from taking delivery of the translation, unless it is a case of malice.
(1) FBF is liable for gross negligence and intent. Loss or damage caused by computer downtime and interruptions in transmission when sending by email or caused by viruses are not classified as gross negligence. FBF takes precautions against this with anti-virus software. Liability for ordinary negligence applies exclusively in the event of breach of main obligations.
(2) Liability for ordinary negligence applies exclusively in the event of a breach of cardinal contractual duties.
(3) Any claims for compensation on account of defective performance and ensuing costs are limited in terms of amount to the entitlement to remuneration for the respective translation order and cannot be asserted for indirect and consequential loss or damage such as lost profit or savings not achieved. The explicit agreement of a higher claim for compensation is possible in an individual case.
6. Duty of non-disclosure
FBF undertakes to treat as confidential all non-public information to which the company becomes privy in connection with its work for the Client.
7. Third-party involvement
(1) FBF is entitled to use staff or specialist third parties to accomplish the order.
(2) When using specialist third parties FBF is required to ensure that they undertake the non-disclosure duty stated in clause 6.
(1) The remuneration is due and payable immediately without deduction when delivery is taken of the completed translation. The time limit for taking delivery is 14 days at the most.
(2) With voluminous translations FBF can demand advance payment objectively required for the translation work. FBF can make the delivery of the work dependent upon prior payment of the full fee.
(3) If the amount of the fee is deemed not agreed, remuneration commensurate with and customary for the nature and difficulty of the work is owed. This shall not be lower than the applicable rates under the German Judicial Remuneration and Compensation Act (JVEG).
9. Force majeure
(1) In the event of force majeure the Parties are relieved of their obligations insofar as these obligations are affected by the force majeure . This does not apply to already existing payment obligations. The Client is furthermore obliged to reimburse FBF for costs already incurred and to pay for work already done.
(2) FBF is not in default if the delivery and performance is omitted as a result of a circumstance for which FBF is not responsible (e.g. line faults and interruptions to transmission, force majeure , strikes, etc. at FBF or its subcontractors). The performance must then be rendered as soon as possible once the circumstances are over.
(3) FBF is entitled to cancel the contract in such an event. In this case neither Party can assert any contractual claims or claims for compensation against the other.
10. Reservation of title and copyright
(1) The translation remains the property of FBF until paid for in full. The Client has no right of use until such time.
(2) FBF reserves any copyright arising.
11. Termination of contract and cancellation clause
(1) The Client cannot cancel a contract for the preparation of a translation by the agreed completion deadline without good cause.
(2) The notice to terminate must be given in writing.
(3) In the event of cancellation FBF is entitled to the remuneration for the work done by that time and, provided FBF is not responsible for the good cause, also to compensation in the amount of the lost profit in the event of complete performance of the order.
12. Applicable law and place of jurisdiction
(1) The order and all claims arising therefrom are subject to German law. The contract language is German.
(2) FBF's domicile is agreed as the place of jurisdiction for all disputes arising from this contractual relationship, insofar as admissible in law.
13. Severability clause
The validity of these terms and conditions of order is not affected by the invalidity of individual provisions. The invalid provision shall be replaced by a valid one that best approximates the economic outcome or the desired purpose.