Standard Business Terms
The Standard Business Terms apply to all business dealings between the Contractor, Kirsten Lüneberg, and her Customers. The Standard Business Terms are acknowledged by the Customer through placing the order and apply for the full duration of the business relationship. They apply for future business dealings as well.
Business terms of the Customer shall only be binding for the Contractor if she has explicitly acknowledged them.
2. Placing an order
The Customer places translation orders in electronic or other form. In the interest of a co-operation as smooth as possible, also telephonic or other informal orders will be accepted. Possibly resulting problems, however, will fall on the Customer.
The Customer will announce the target language of the text and, if necessary, special terminology requests. In addition, he/she has the possibility to inform about the intended purpose of the translation. This is especially important if the translated text shall be published or printed.
The Customer shall place information and documents, which are necessary to execute the order, at the Contractor's disposal unasked and in time (glossaries, examples, etc.).
The Contractor shall not be liable for delays or execution defects which develop from an unclear, incorrect or incomplete placing of the order.
3. Customer as Agent
If the Customer is acting on behalf of a third party, then the business relationship is exclusively between the Contractor and her Customer.
The Customer shall pay due amounts without consideration of the performance of other contracts which may possibly exist between him/her and third parties.
Cost estimates are not binding and given for information only. The given prices are in Euro and are subject to the addition of VAT.
5. Delivery Deadlines
The Customer shall be given delivery deadlines to the best of the Contractor's knowledge and belief. They can always only be expected deadlines.
A delivery is considered to have been made when the translation has been posted to the Customer.
6. Terms of Payment
The Contractor's invoices are payable including VAT within 30 days of the invoice date. In case of late payment, the Contractor reserves the right to charge interests at normal banking rates.
For extensive orders a deposit or a payment by instalments, proportional to the amount of work completed, may be requested.
The amounts invoiced shall be paid by bank transfer. Transfer costs are to be born by the Customer.
Payment shall be made in Euro.
The Contractor is liable for damage provided that intent or gross negligence can be proved against her within the framework of the statutory requirements. Liability in case of ordinary negligence only arises upon breach of contractual obligations.
7.2 Source Text
The Contractor shall not be liable for translation mistakes which are caused by the Customer because of incorrect or incomplete information or documents, or information or documents not made available in time, or faulty or illegible (also partly) source texts.
If the Customer does not mention the intended purpose of the translation, especially if the translation shall be published or used in advertising, he/she cannot claim compensation for damage which arises due to the fact that the text is unsuitable for the intended purpose, or that due to an insufficient adaptation the publication or advertisement has to be repeated or results in a damage to the reputation or an image loss of the company.
If the Customer fails to mention that the translation is intended for printing or if he/she does not send the Contractor a proof sheet prior to printing and prints without her release, then any fault will fully fall on the Customer.
7.3 Correction of Faults
The Contractor will execute the order to the best of her knowledge and belief.
If the Customer does not raise written objections immediately, but at the latest within 5 days from the receipt of the completed work, then the translation shall be considered to be approved. In this case the Customer waives the right to all claims which may arise on the basis of faults in the translation.
If the Customer complaints about an objectively existing and not only insignificant fault within this 5-day period, then this fault is to be described as precisely as possible and the Contractor shall first be given the opportunity for correction. This applies for express orders with a very short delivery deadline as well. If a correction proves to be unsuccessful, then the Customer is entitled to abatement or conversion. The right to further claims, including damage claims due to non-performance, are ruled out. In all cases liability is limited to the level of the value of the concerned order.
If claims are made against the Contractor on the basis of a translation because of a violation of the copyright, or if claims of third parties are enforced, then the Customer undertakes to keep the Contractor harmless from any liability in all cases.
8. Disturbance, Withdrawal
The Contractor shall not be liable for any damage which results from disturbance of her business, especially due to force majeure. In such cases both parties are entitled to withdraw from the contract fully or partly.
Due to the fact that the Contractor works alone, disturbances resulting from, for instance, computer defects or illness may lead to delivery delays. In such cases both parties shall endeavour to find a solution satisfying both sides, e.g. by postponing the delivery date or withdrawing the order against a proportionate fee. The contractor shall not be liable for any damage which results from such unforeseen disturbances.
9. Reservation of Ownership
The delivered translation remains the property of the Contractor until all charges are fully paid. Until then the Customer has no right of use.
10. Dispatch, Transmission
Both the dispatch and the electronic transmission are performed at the Customer's risk. The Contractor is not liable for a faulty or damaged transmission of the text or for its loss, nor for damage or loss by non-electronic means of transport.
The Contractor is not liable for any damage caused by viruses. When data files are being delivered by email or any other form of tele-transmission, the Customer is responsible for a final examination of the transmitted data files and texts. Damage claims in this connection cannot be recognised.
No order document is confidential unless the Customer has explicitly mentioned it. Nevertheless, the Contractor will handle all texts confidentially and will maintain silence on all facts which come to her knowledge in connection with her work for the Customer.
The contractor will not guarantee the confidentiality of electronic data and their transmission.
14. Governing Law and Court of Jurisdiction
The contractual relationship and further business relations between the Contractor and the Customer are exclusively governed by German law. For all disputes the exclusive court of jurisdiction for both parties is Kiel, Germany.
If any provision of this agreement proves to be invalid, this shall in no way affect the validity of the other provisions. The invalid provision shall be replaced by a valid one which achieves the intended economic purpose as closely as possible.