GENERAL TERMS AND CONDITIONS OF BUSINESS
Linguistic intermediary services (interpreting and translation) are purely service activities. Upon acceptance of an assignment, a service relationship in the meaning of the German Civil Code (BGB) is entered into.
The legal relationship formed on this basis shall be governed exclusively by the statutory regulations in association with the General Terms and Conditions of Business of KOCAREK GmbH as listed below. In particular all conditions of the Client that are based on a contract for work and services or a contract for work and materials shall be excluded. This shall also apply if the Client’s printed General Terms and Conditions of Business are not expressly contradicted by KOCAREK GmbH
The task of the linguistic intermediary is the correct reproduction of the meaning of a specified text in another language. It is expected that a translation should meet the same quality standards as the source text. However, it need not exceed this quality; it is not the task of the translator to improve the source text where not specifically engaged to do so, e.g. by correcting errors of spelling or punctuation that distort the meaning, or by resolving unnecessarily complicated formulations or other defects. The Client shall be solely liable for all defects of the source text.
Unless it is expressly agreed otherwise, KOCAREK GmbH shall produce all translations in the form of a fair copy that contains no significant orthographic or grammatical errors and corresponds largely to the common usage of the target language. Before these first drafts are processed to demanding documents, they should be subjected to further proof-reading and possibly improvement by the Client. If expressly requested, and for a special fee, KOCAREK GmbH is able to take over the processing up to the point of print readiness, and the proof-reading of the prepress copies.
For work where time pressure exerted by the Client stands in the way of the quality of service aspired to, i.e. if e.g. necessary proof-reading must be dispensed with, hand-written corrections cannot be transferred to the fair copy, or other grounds attributable to the Client impede normal performance, the quality assurances specified above for the service cannot be guaranteed.
The Client shall not be entitled to any reduction in price on this account. Any saving on work processes in such a case shall be considered balanced out by the additional workload resulting from the time pressure imposed.
Interpreting services shall be invoiced on the basis of hours or days worked, and translation services shall be invoiced either according to the number of lines or pages or at an hourly rate. One line equals 50 keystrokes. A line or hour that is begun shall be invoiced as a full line/hour, and numbers and figures shall be invoiced as lines. The price for one page shall normally be based on the fee for 25 lines.
One half day’s fee shall be invoiced as a minimum fee for interpreting services (for conference interpreters one day’s fee), and for translations a minimum fee of € 85 shall be invoiced.
Any auxiliary expenses, e.g. postal and communication charges, travel expenses, accommodation, photocopies etc., and the statutory turnover tax (V.A.T.) shall be invoiced in addition to the fee.
All quotations, especially verbal quotations, shall be non-binding unless expressly agreed otherwise. Binding price quotations for translations shall always only apply to the fee per line, even if an overall price is specified in connection with this on the basis of an estimated number of lines. Verbal quotations, including those made over the telephone, shall require written confirmation.
4. Work assignments (orders)
All assignments, whether issued in writing or verbally, shall be processed in the order in which they are received (assuming that all necessary documents are presented at the same time) and performed during the normal business and working times. Where required by the special scheduling requirements of the Client, KOCAREK GmbH shall perform the processing of urgent assignments outside the normal working times in exchange for special remuneration for working overtime, at night, on Sundays, or on public holidays (express surcharge).
An assignment shall be considered to have been accepted by KOCAREK GmbH if it is not immediately refused; there shall be no requirement for a formal order confirmation. KOCAREK GmbH shall only issue a written order confirmation upon request, or in the event that KOCAREK GmbH considers it expedient.
KOCAREK GmbH reserves the right to request clarification of representations or meanings of the source texts from the Client, but shall not be obliged to do so. KOCAREK GmbH shall also be considered to have met the contractual obligations in full if in such a case the translation is produced on the basis of the meaning as understood by KOCAREK GmbH, applying a normal degree of care, based on the best knowledge available and in the common understanding of the language. For this reason, every source text should be composed according to the rules of modern spelling and punctuation, and use only formulations and terms that are clearly comprehensible (even for non-specialists).
Coordination with the company terminology introduced by the Client shall only take place if adequate and complete documents, e.g. prior translations or word lists, are made available before or concurrently with the issuing of the assignment.
Whether specified in quotations or at any other time, deadlines for the completion of translation work shall be approximate indications, especially for extensive work or work transferred in instalments where the amount of time required cannot be precisely estimated, unless a fixed deadline is expressly agreed. Under no circumstances shall KOCAREK GmbH be held liable for delays that occur for reasons not attributable to KOCAREK GmbH, e.g. in the post or by third parties engaged by KOCAREK GmbH, by reason of force majeure or the like. The Client shall not be entitled to infer any right to rescission or reduction in price on the basis of deadlines agreed to that in the Client’s opinion have not been honoured.
If KOCAREK GmbH is unable to adhere to a bindingly agreed delivery period or delivery deadline for reasons attributable to KOCAREK GmbH or is otherwise delayed, the Client shall grant KOCAREK GmbH a reasonable additional period. Only when the additional period has expired without success shall the Client be entitled to withdraw from the contract.
6. Terms and conditions of payment
Invoices shall be payable immediately upon receipt, at the latest however 14 days after the invoicing date. The final total stated in the invoice shall be payable without deduction.
In the case of assignments running over an extended period of time, it shall be possible to issue partial invoices corresponding to the progress of the work; these invoices shall be payable under the terms specified above, independently of previous or subsequent invoices for the same assignment.
In special cases, e.g. first orders by unknown Clients or indications of sufficient credit, other terms and conditions of payment shall be applicable, e.g. advance payment or payment on delivery.
The transfer of the translation to the Client shall normally take place by means of dispatch by post or by data transfer. Other modes of dispatch shall require special agreement. The risk of the dispatch shall be transferred to the post office, the internet or the office or person specified by the Client upon transfer of the translation to this party.
KOCAREK GmbH shall be entitled to terminate a contract without notice for good cause or if delay in payment or other circumstances (article 626, German Civil Code) give reason to believe that the claim of KOCAREK GmbH to the agreed fee cannot be fully or promptly satisfied by the Client. There shall be no requirement here for the termination to take a particular form. It shall not be possible to assert damages claims for compensation against KOCAREK GmbH
In the event that the Client terminates the contract, the Client shall be obliged to pay to KOCAREK GmbH the fee for the work that is undertaken before the termination of the contract, calculated on the basis of the terms and conditions of payment stated above. The records of KOCAREK GmbH shall exclusively determine the calculation of the time costs of KOCAREK GmbH.
If the Client cancels a contract for interpreting services, the Client shall be invoiced for 10 % of the interpreter’s agreed fee if at least 15 calendar days notice is given, 50 % if 10 calendar days notice is given, and 100 % if 5 days notice or less is given.
9. Notification of defects
If the Client gives notification of an objectively existent, not insignificant defect, this defect shall be described in writing as precisely as possible. The Client shall give KOCAREK GmbH a reasonable period of time in which to correct this defect. If the correction of the defect is twice unsuccessful, the Client shall be entitled to choose between a reduction in the agreed remuneration or withdrawal from the contract. In the event of a withdrawal, all rights to the translation shall revert to KOCAREK GmbH More extensive claims including damages claims for compensation shall be excluded.
The Client shall only be entitled to offset against KOCAREK GmbH claims that are res judicata or which have been recognised by KOCAREK GmbH The Client shall only be entitled to assert a right to retention on the basis of counter-claims that result from the same contractual relationship as the claims against which the right of retention is asserted.
The translation shall remain the property of KOCAREK GmbH until all outstanding debts have been paid in full. Until that time the Client shall have no right of use.
10. Copyright, data protection
If any claim is made against KOCAREK GmbH for reasons of breach of copyright in a translation, or if claims of any third party are asserted, the Client shall be obliged to fully indemnify KOCAREK GmbH from these claims. Inasmuch as KOCAREK GmbH is entitled to copyright protection or other protective rights as a result of producing the translation, these rights shall expressly remain the property of KOCAREK GmbH unless contractually transferred to the Client.
KOCAREK GmbH undertakes to maintain confidentiality regarding all facts connected with the translation or interpreting activities for the Client.
All translations shall be produced as well as is possible. If any translation from KOCAREK GmbH nevertheless contains defects, these must be reported to KOCAREK GmbH immediately after discovery, at the latest however 14 days after delivery of the translation; the translation shall thereafter be considered accepted. In the case of defects reported before this time, the Client shall be entitled to a new translation that is free of defects. The liability of KOCAREK GmbH shall be limited to the extent of the maximum fee for the respective assignment. If the Client does not desire a correction, the Client shall not be entitled to reduce the fee or refuse payment.
The period of limitations shall be 1 year. It begins upon acceptance.
The contractual relationship and further business relationships between KOCAREK GmbH and the Client shall exclusively be subject to the laws of the Federal Republic of Germany, excluding International Commercial Law.
If any elements of these General Terms and Conditions of Business are ineffective, the effectiveness of the remaining Terms and Conditions of Business shall remain unaffected.
The jurisdiction and place of fulfilment shall be the registered office of
KOCAREK GmbH in Essen.