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General Terms and Conditions of Contract

(Latest revision: 17 October 2017)

1. Scope

(1) These Terms and Conditions of Contract shall apply to all contracts between Hans-Georg Sobek – English/Russian to German Translations – (“the Translator”) and his client (“the Client”), unless specifically otherwise agreed or provided by law.

(2) The Client’s general terms and conditions will only be binding on the Translator if specifically acknowledged by the Translator.

2. Extent of translation order

Translations will be done with proper care in accordance with the principles of proper professional practice. The Client will receive an executed copy of the translation as agreed.

3. Client’s duties

(1) The Client shall inform the Translator in due time of the desired type and form of the translation (purpose, provision of the translation on storage media, number of copies, fitness for publication, layout and appearance of the translation, etc.). If the translation is intended for publication in print, the Client shall provide the Translator with a proof in due time before printing in order to allow the Translator to correct any errors. The Client shall be responsible for checking names and figures.

(2) When placing an order, the Client shall furnish the Translator with all information and documents necessary to prepare the translation (Client’s terminology, illustrations, drawings, tables, abbreviations, company-specific terms, etc.).

(3) The Translator shall not be responsible for errors or delays resulting from any failed or delayed provision of information material or instructions.

(4) The Client shall assume liability for the rights to a text and ensure that it may be translated. The Client shall indemnify the Translator for and hold him harmless against any claim of any third party in this regard.

4. Client’s rights in the event of errors or omissions

(1) The Translator reserves the right to correct errors and omissions. Initially, the Client shall have the right to demand only the correction of any error or omission the translation may contain.

(2) The Client shall assert the right to the correction of errors and omissions by specifying the error or omission in detail.

(3) If the Translator fails to correct the specified errors and omissions within a reasonable time or refuses to correct the errors and omissions, or if the correction of errors and omissions has failed, the Client may, after consulting the Translator, have the errors and omissions corrected by another translator at the expense of the Translator or, at the Client’s option, demand a reduction in payment or withdraw from the contract. The correction of errors and omissions shall be deemed to have failed if the translation continues to have errors or omissions after several revisions.

5. Liability

(1) The Translator shall be liable for gross negligence and intent. Any loss due to computer failure or faults occurring in the transmission of e-mail or due to computer viruses shall not be deemed to have been caused by gross negligence. The Translator shall take precautions against such loss using antivirus software. Liability for slight negligence shall apply exclusively in the event of a breach of principal duties.

(2) The Client’s right to compensation from the Translator for any loss caused in accordance with Clause 5, para. 1, sentence 4 shall be limited to EUR 5,000; a higher compensation claim may be specifically agreed in individual cases.

(3) The exclusion or limitation of liability in accordance with Clause 5, paras. 1 and 2 hereof shall not apply to any loss of a consumer due to injury of life and limb or health.

(4) Except in cases of malicious intent, the prescriptive period for all claims of the Client against the Translator due to any error or omission in the translation (§ 634a German Civil Code [BGB]) shall be one year, starting from acceptance of the translation.

(5) Contrary to § 634a BGB, liability for consequential loss arising from any error or omission shall be limited to the statutory prescriptive period. § 202, para. 1 BGB shall remain unaffected.

6. Professional secrecy

The Translator undertakes to maintain secrecy about all facts which become known to him in connection with his work for the Client.

7. Involvement of third party

(1) The Translator shall have the right to use the services of any employee or competent third party for the performance of the contract.

(2) If a competent third party is used, the Translator shall ensure that such party undertakes to maintain secrecy as provided in Clause 6 hereof.

8. Payment

(1) The Translator’s invoices shall be due and payable without deduction no later than 14 days after the invoice date.

(2) All prices are net prices excluding VAT, unless otherwise stated.

(3) In addition to the agreed fee, the Translator shall be entitled to reimbursement of any expenses actually incurred which have been agreed with the Client. VAT shall be charged additionally in all cases, provided that adding it is required by law. The Translator may demand a reasonable advance payment for large-scale translation projects. The Translator and the Client may agree in writing beforehand that the delivery of the Translator’s work will be subject to the Translator’s fee having been paid in full.

(4) If no amount has been agreed for the fee, a reasonable and customary payment depending on the nature and difficulty of the translation shall be due. Such payment shall be no less than the relevant rates stipulated by the German Judicial Remuneration and Compensation Act (Justizvergütungs- und ‑entschädigungsgesetz, JVEG).

9. Reservation of ownership and copyright

(1) The Translator retains ownership of the translation until it is paid for in full. The Client shall have no right to use the translation until full payment has been made.

(2) The Translator reserves any copyright which may have arisen.

10. Applicable law

(1) The contract and all rights arising from it shall be governed by German law.

(2) The place of performance of the obligations hereunder shall be the Translator’s residence or office.

(3) The courts competent for the place of performance of the obligations hereunder shall have jurisdiction.

(4) The language used for the contract shall be German.
Note: The language used to resolve any dispute arising from or in connection with the contract shall be German. The Translator has provided this English translation of the General Terms and Conditions of Contract and related correspondence in English as a courtesy.

11. Severability

Invalidity or nullity of any provision hereof shall not affect the validity of these General Terms and Conditions of Contract. The invalid provision shall be replaced by an effective one which is as close as possible to the objective and purpose originally intended by such provision.

12. Amendments and modifications

No amendment or modification of these General Terms and Conditions of Contract will be valid unless agreed in writing. The same applies to any change of the requirement to use the written form.