Translation services by Mangold Translations (hereinafter referred to as "AM") are provided exclusively on the basis of these terms and conditions. They apply to all present and future business relations of AM with its clients. The business conditions of AM are accepted by the client with the placing of the order. Other terms and conditions require the express written confirmation on the part of AM. Verbal ancillary agreements are invalid. Deviations, changes or additions to these terms and conditions require written confirmation by AM in order to be effective.
1. Calculation basis
Unless otherwise agreed in the contract, AM shall invoice the client for the agreed translation work at its respectively valid rates or fees and conditions plus the respectively valid statutory value-added tax.
Translation work will be charged according to scope and degree of difficulty. The scope is determined by the number of lines in the target language. A translation line has an average of 53 characters. When single terms are listed, each term is considered to be one line. If no Latin characters are used in the target language, the number of lines is determined on the basis of the source language.
For rush orders (orders which require a special time and/or administrative effort and which are not to take place within the usual delivery periods) a surcharge of 25% to 100% will be invoiced. A minimum of 25 lines per language and order will be charged for translation orders, even if the text is shorter.
Additional text copies as well as material costs for desired special paper, binding folders, CDs, other storage media etc. shall be invoiced to the customer in addition.
If the scope and degree of difficulty of the translation exceeds the agreements made in the order placement or confirmation, or if deadlines are set earlier than agreed, AM is entitled to set the remuneration higher according to the additional work.
The invoice will be issued in writing. Invoices are generally due immediately upon receipt, unless they have different payment dates or payment periods.
AM is entitled to demand a reasonable advance payment. The client will receive a corresponding invoice.
The final delivery of the translation may be subject to prior payment of the invoice amount.
If the Client withdraws an order without being legally or contractually entitled to do so, he must compensate AM for the work carried out up to the cancellation and reimburse the costs incurred.
3. Order placement
When placing an order, the Client shall specify the target language, subject, subject area, scope and intended use of the translation work, special terminology requirements as well as special requirements with regard to the form of execution (external appearance of the translation, storage on specific storage media, readiness for printing, number of copies, etc.). If the translation is intended for printing, overprinting on signs or goods, the client must provide AM with a copy for correction purposes before printing.
Accompanying information material and documents which are necessary for the execution of the translation order are to be handed over to AM by the client without being requested to do so when the order is placed (e.g. company glossaries, illustrations, drawings, tables, abbreviations, etc.). If the provided information material is not sufficient, AM can request further topic-specific information material from the client.
The client must provide AM with the source text in an appropriate, legible form for translation work. Interpreters must be instructed in the subject matter by the client before their assignment.
Errors resulting from non-compliance with these obligations shall not be borne by AM.
4. Execution of order, terms of delivery
All translation work shall be carried out in accordance with the principles of proper professional practice. Unless special instructions or documents have been attached, technical terms shall be translated into the generally accepted lexicographically justifiable or generally comprehensible version.
Unless a special form of execution has been agreed, AM's translations shall be delivered by e-mail, telefax or in a single written copy by post. If AM sends the translation to a place other than the place of performance at the request of the client, the risk shall pass to the client as soon as AM has handed over the translation to a transport company. Electronic transmission shall be at the risk of the Client. AM is not liable for a faulty or harmful transmission of the texts or for their loss, as well as for their damage or loss during electronic transport.
Delivery dates and delivery periods shall only apply if they have been expressly agreed as binding and confirmed to the customer in writing.
In the event that the documents necessary for the execution of the order are not submitted in time and in the event of incomplete, incorrect, misleading and/or illegible details and information, AM shall not be bound. If a certain delivery period has been bindingly agreed, it shall only begin to run when AM has received all documents and information. The same applies to subsequent changes to the translation due to changes requested by the client to the source text. The latter will be invoiced separately.
If AM is unable to meet a bindingly agreed delivery deadline or a delivery date for reasons for which it is responsible, or if AM is in default for other reasons, the client must grant AM a reasonable grace period. Only after the unsuccessful expiry of the grace period shall the Client be entitled to reduce the purchase price, withdraw from the contract and/or claim damages.
5. Notices of defects
If the Client notifies an objectively existing, not only insignificant defect, this defect must be described as precisely as possible in writing. The client must grant AM a reasonable period of time to remedy the defect. If the first correction of defects fails, AM is entitled to improve the translation again on the basis of the defects described as precisely as possible in writing by the customer. If the second remedy of the defect also fails, the customer shall be entitled, at his option, to reduce the agreed remuneration (reduction) or to withdraw from the contract. With the latter alternative, all rights to the translation shall revert to AM. Further claims, including claims for damages, are excluded.
If the Client does not report any defects within 14 days of receipt of the translation, the translation shall be deemed accepted.
The limitation period is one year. It begins with acceptance.
6. Liability, force majeure
AM shall be liable for intent and gross negligence, for culpable injury to life, body and health as well as for defects which AM fraudulently concealed or whose absence AM guaranteed.
In the event of culpable violation of essential contractual obligations, AM shall also be liable for slight negligence, however limited to the foreseeable damage typical for the contract.
AM is in principle not liable for delays or defects in execution caused by an unclear, incorrect or incomplete placing of an order.
Irrespective of AM's liability under sections 6.1 and 6.2, AM shall be liable in individual cases for direct damage demonstrably caused by translation errors up to three times the net fee agreed for the order, but up to a maximum of € 25,000.00. The limitation period for the claim is one year. It begins with acceptance.
AM is not liable for delays in performance caused by strikes, operational disturbances, force majeure, software, network or server errors. A right to compensation is excluded here. AM is liable only in case of intent or gross negligence. It shall not be liable for indirect damage caused by erroneous correction on the part of the client. AM shall only be liable for software damage arising in the Client's software through the use of files processed by AM in the case of intent or gross negligence. Also in this respect, AM is only liable up to the amount invoiced for the service. If the client does not indicate that the translation is intended for printing or production, if he does not send AM a proof before printing and if he prints/produces without approval by AM, any defect shall be fully at the expense of the client. The aforementioned liability limit also applies here.
Insofar as liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of employees, staff, representatives or other vicarious agents, including commissioned third parties.
7. Set-off, retention, retention of title
The Client can only set off undisputed, legally established claims or claims recognized by AM against claims of AM. The customer shall only be entitled to assert a right of retention on the basis of counterclaims resulting from the same contractual relationship as those claims to which the right of retention is applied.
The translation remains the property of AM until all claims have been paid in full. Until then the client has no right of use.
8. Copyright, claims of third parties
If claims are asserted against AM due to an infringement of an existing copyright or if claims of third parties are asserted, the client is obliged to indemnify AM to the full extent thereof. Insofar as AM is entitled to copyrights or other protective rights through the creation of the translation, these remain expressly with AM insofar as they are not contractually transferred to the client. The same applies to the terminology lists or so-called translation memories created in the course of translation work.
9. Confidentiality, data protection
AM undertakes to keep confidential all facts in connection with the translation work for the client.
10. Place of performance
Unless otherwise stated in the order confirmation, the place of performance for translations shall be the registered office of AM.
The place of performance for interpreting services that are not provided at AM's registered office is the place specified in the order confirmation.
11. Applicable law, place of jurisdiction, effectiveness
The contractual relationship and further business relations between AM and the client are exclusively subject to the law of the Federal Republic of Germany excluding the international sales law.
If the client is a merchant or a legal entity under public law, the place of jurisdiction shall be agreed to be the registered office of AM.
If parts of these general terms and conditions are or become invalid, the validity of the remaining terms and conditions shall not be affected thereby.