General Terms and Conditions of Business (T & C)
The contractual language is German. The T&Cs, legal notice and disclaimer are applicable in the German version. The English version is solely for the purpose of providing non-binding information.
1. Area of validity
The following terms and conditions shall apply to legal transactions and arrangements made with HANSSON ÜBERSETZUNGEN GmbH, Julius-Kühn-Platz 3, D-01896 Pulsnitz, Germany (hereinafter referred to as “the service provider”). Any conditions of business of the customer or contractual party that are in variation to these conditions shall not be valid. Statements to the contrary by the customer referring to their general terms and purchasing conditions are expressly refuted. Any variations to this require written confirmation from the service provider.
2. Conclusion of contract / Customer’s right to cancel
In the case of translations an accepted offer constitutes a service contract being concluded that is subject to remuneration as defined by Section 631 BGB (German Civil Code). Until completion of the service the customer is entitled to cancel the contract, albeit exclusively for cause.
3. Scope of the translation / Delivery periods
The translation shall be executed in accordance with proper professional standards. The service provider shall be afforded reasonable delivery periods.
4. Customer's obligation to cooperate and provide information
The customer shall inform the service provider without prompting and in good time about specific requirements concerning the type of execution of the translation. These could for example be the planned purpose, target country, delivery on data carriers, number of copies, degree of readiness for printing and external form of the translation.
Should the translation be planned for printing the customer shall provide the service provider with a proof in good time so that the latter can correct possible errors. Names and figures shall be checked by the customer.
Upon placing the order, the customer shall deliver such information and documents that are required for the translation to the service provider without prompting. Such information may consist of particular terminology from the customer, illustrations, drawings, tables, abbreviations and internal terms. In the case of particularly demanding texts the service provider is to be appropriately instructed by the customer irrespective of the aforementioned obligations of the customer.
The service provider is not accountable for errors and delays which are caused by insufficient or delayed delivery of the information material and instructions.
The customer shall assume liability for the rights to any text and ensure that it is permissible for a translation to be performed. The customer shall release the service provider from any possible claims made by third parties.
5. Guarantee / Warranty
The service provider does not provide any guarantee. Notwithstanding Section 634a 1 no. 3 BGB, contractual claims on defects in accordance with Section 634a nos. I, 2 BGB shall only be brought forward within a one-year period upon completion of the service.
The service provider shall be liable in the event of gross negligence or intent. Damage that is not deemed to be gross negligence is damage that is caused by computer failure and disturbances in the transmission of E-mail or by computer viruses. The service provider undertakes to implement appropriate preventive measures by the use of anti-virus software.
Liability for simple or minor negligence is applicable only when significant contractual obligations have been breached. In such cases the liability of the service provider shall be limited to 5,000.00 Euro if there is no written agreement concerning a different sum.
7. Confidentiality statement
The service provider undertakes to observe confidentiality in respect of all facts and dealings that arise in connection with their contractual activity inasmuch as the former are not in breach of the law.
8. Vicarious agents
The service provider shall be entitled at all times to enlist the support of their own workers or specialist third parties as vicarious agents. The provisions from nos. 3 and 7 of these T&Cs shall apply mutatis mutandis.
9. Acceptance and Remuneration
The customer is obliged to accept the work with at least 7 working days following delivery if this was performed in accordance with the contract. The service provider’s invoice are payable without deduction within 14 days of receipt. The service provider has a claim beyond the agreed fee for costs and expenses for such additional costs that may arise. The service provider retains the right to only accept prepaid orders.
All prices are net and subject to the addition of VAT at the applicable rate. Until payment in full, the translation remains the property of the service provider. Prices for end customers are fundamentally marked as gross prices in accordance with the legal requirements.
10. The right of revocation for consumers
Start of the cancellation policy:
The business premises of the service provider are situated at the following address: Julius-Kühn-Platz 3, D-01896 Pulsnitz, Germany. The service provider fundamentally does not carry out doorstep transactions in the sense of Section 312 BGB. Should there be any variation to this you shall be fundamentally and specifically informed in accordance with the legal requirements.
The customer has no cancellation right for distance contracts in accordance with Section 312d BGB (cf section 312d BGB). The translation to be provided is a service to be produced in accordance with the personal requirements of the customer and may not be executed in any other form.
End of the cancellation policy:
The translation is an adaptation within the sense of Section 3 UrhG (Copyright law). The service provider expressly maintains copyright and simply grants the customer utilization rights for the purpose that is agreed upon contractual conclusion. Any different use, change or marking that is not agreed constitutes an offence in accordance with Sections 106 – 108a UrhG and will be pursued by the service provider.
The service provider expressly requires the customer to express acceptance of the translation in this form: “Translated by: HANSSON ÜBERSETZUNGEN GmbH, Julius-Kühn-Platz 3, D-01896 Pulsnitz”.
12. General Provisions
The contractual language is German. Pulsnitz is the place of fulfilment for all deliveries and payments. German law shall apply exclusively to all legal transactions and resulting claims. The place of jurisdiction is Kamenz.
Pulsnitz/Germany, 1 February 2012
These T&Cs were produced by attorney-at-law Christoph Becker.
With the kind permission of the DVÜD e.V. association
© 2013 Hansson Übersetzungen GmbH (Refers to the English translation of the German original text. The English translation may only be used with our consent.)