Dear visitors,
Please note that the German version of these conditions is legally binding and that this translated summary is intended purely for informative purposes. Reliance upon the following English information is therefore explicitly at the client's risk.
Unless the translator, Anne Plagemann, has agreed to other conditions than the following and signed them, the German version of these conditions is legally binding and the venue in case of a legal dispute would be Leipzig, Germany (according to § 1: Geltungsbereich).
In the following, Anne Plagemann will be referred to as "the translator"and the customer ordering a translation will be referred to as "the client"
The contract becomes binding as the client accepts the translator' quotation. If the contract has to be abrogated, this is only possible with an explanatory statement. Payment for partially concluded work has to be made (according to § 2: Vertragsschluss/Kündigung).
The translator and the client will agree on a delivery date that allows the translator to create a translation in proper form (according to § 3: Lieferfristen).
The client will supply the translator with information on the target group's designated use of the translation, target country and the format in which the translation is to be delivered. Additional relevant information (such as terminology, charts or former versions of the text) is to be disclosed to the translator. The client must verify the accuracy of the source text and confirm that a translation of the text is permitted (according to § 4: Mitwirkungs- und Aufklärungspflicht).
No guarantee is given by the translator. As a translation is a custom-made service, it cannot be returned. Any supplementary performance must be agreed upon within a year following the conclusion of the contract (according to § 5: Garantie/Gewährleistung).
Liability is given only in the case of negligence and will become time-barred if not claimed within a year. Problems caused by technical malfunction (of hardware and/or the internet) do not fall under gross carelessness. The translator's duty of replacement is limited to 5.000 € in case of infringement of the main duty unless other conditions have been separately agreed upon (according to § 6: Haftung).
The translator will conceal all information provided by the customer unless this contains violation of existing law (according to § 7: Verschwiegenheitserklärung).
The translator has the right to appoint suitable and qualified sub-workers without prior notice (according to § 8: Erfüllungsgehilfen).
Payment is to be made within 14 days after the client has received the invoice issued by the translator. In addition to the fees upon which both parties agreed, the translator has the right to claim reimbursement for actual costs (such as bank charges e. g.).
In the case of an order value above 650.00 €, an advance payment of 20% of the total order value will apply, which is to be paid immediately.
All prices are net prices, to which the German VAT of 19% will be added. The translation remains the property of the translator until it has been completely paid for (according to § 9: Vergütung).
Due to applicable German law (German Civil Code § 312b), there is no right of revocation for this type of distance selling contract, as a translation is a customized service that cannot be sold to anyone else other than the client (according to § 10: Widerrufsrecht).
According to German Copyright laws, the translation is the literary property of the translator. The translator only grants the client a right of use exclusively for the purpose agreed upon as stated in the final contract. Any utilization of the translation beyond the purpose agreed upon will result in prosecution (according to § 11: Urheberrecht).
German is the contract language and all information in other languages has been translated purely for informative purposes and is not legally binding. German law is applicable in any case of legal dispute. The court of jurisdiction in any case of legal dispute is Leipzig, Germany (according to § 12: Allgemeine Bestimmungen).
September 2011
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