General terms and conditions for translations
(1) These terms and conditions shall be valid for contracts between Mar Cotes, hereinafter the “translator”, and the client, unless explicitly stipulated otherwise between the parties or by law.
(2) The client’s general terms and conditions of doing business shall only be incumbent when the translator has explicitly acknowledged these.
2. Scope of the translation contract
The translation shall be carried out with care, in accordance with the fundamental standards of the profession. The client shall receive the translation as agreed in the contract.
3. Client obligations
(1) The client shall inform the translator in a timely manner of any special way in which the translation is to be executed (data format, number of copies, camera-ready, layout, etc.). If the translation is intended for publication, the client shall provide the translator with a galley proof.
(2) The information and documentation necessary to perform the translation (client’s glossaries, illustrations, drawings, tables, abbreviations, etc.) shall be provided in a timely manner by the client to the translator, without prior request by the latter. The translator shall not be held responsible for any errors that may result from non-compliance with these client obligations.
(3) The possible use of customer-specific terminology must be expressly agreed upon at the time of placing the order.
The translator shall keep strictly confidential all facts that become known to him in connection with his assignment for the client. Nevertheless, a third party may be consulted over specific translation terminology queries if there is no disclosure of confidential material. If a revision by another translator is ordered by the customer, the translator shall also keep strict confidentiality.
5. Complaints and corrections
(1) The translator reserves the right to make corrections. In the event of defects in the translation, the client has the right to have these corrected. In order to exercise this right, the client must identify the defects explicitly.
(2) Any complaint in connection with a translation task shall be notified to the translator by the client within 14 days of the date of delivery of the translation.
The translator shall be liable in cases of gross negligence with intent. In cases of slight negligence, the translator shall only be liable if substantial contractual obligations have been violated.
(1) Payment in full to the translator shall be effected not later than 14 days from the date of invoice by the method of payment specified. Interest shall automatically be applied at the rate of 8 % per annum over base rate (or such rate as is determined by statute, the latter prevailing) to all overdue sums from the date on which they first become due until they are paid in full.
(2) In addition to the payment agreed upon, the translator has the right to be reimbursed for actual expenses incurred that have been previously discussed with the client. In contracts with private clients, VAT shall be included in the final price and its addition documented. In all other cases, VAT will be calculated in addition as required by law. For large translation projects, partial payments will be made if partial deliveries of translations are agreed. In justified cases, the translator can make delivery of work contingent on prior payment of the full price of the translation.
(3) If a price has not been agreed, a payment shall be owed that is appropriate to the type and difficulty of the work at the going rate. “Appropriate” and “going rate” shall here be understood to be, at minimum, the amounts specified under the German laws governing the reimbursement of witnesses and experts.
8. Intellectual property and copyright
(1) The translation shall remain the property of the translator until payment has been received in full. The client shall have no usage rights until this time.
(2) The translator reserves his copyright.
9. Applicable law
(1) The contract and any claims arising from it shall be governed by English law.
(2) If certain stipulations in the contract are declared null and void, the validity of the remaining terms and conditions shall not be affected.