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Standard Terms and Conditions
Scope of performance
The general standard terms and conditions apply to
the scope of performance, unless otherwise agreed.
Client is obligated to disclose the intended use of
the translation, e.g.
publishing and advertising,
legal purposes or patent procedures,
or any other purpose that must be considered by
the translator in his/her work.
Translations supplied via telex or fax can only be
made for the purpose listed in article 1.2.1.
Should the translation be used by Client for a
purpose other than that for which it was contracted and
supplied, Client shall have no right to claim damages from
Contractor (translation office).
Should the intended use of a translation not be
disclosed to Contractor, Contractor shall make the
translation for the purpose of information to the best of
his/her knowledge (see article 1.2.1).
In general Contractor shall supply translations in
the form of one typewritten copy.
The fees (prices)
for translations are charged on the basis of the
Contractorís tariffs (price lists) depending on the type
of translation. With the exception of documents
translations are charged according to the number of lines
translated. Documents are charged according to the number
of pages translated. 1 line = 55 strokes, 1 page =
25 typed lines (DIN A4). One page will be charged
as minimum fee.
Only written cost estimates are binding.
Other cost estimates are deemed nonbinding target
rates. If it turns out that a cost estimate without
warranty will be inevitably exceeded considerably, Client
will be entitled to rescind the contract, paying a
reasonable amount for the work performed by Contractor.
Contractor will be obligated to notify Client immediately,
if exceeding the cost estimate turns out to be inevitable.
Cost estimates that are provided although the
documents to be translated have not been supplied are cost
estimates without warranty, to which the sentences 2 and 3
of article 2.3 do not apply. Client is under obligation to
pay the actual cost of translation according to article
2.1 unless a new cost estimate is provided by Contractor.
Collective wage or salary increases entitle
Contractor to subsequent revision of prices.
For checking translations made by other persons the
full fee for an original translation may be charged.
Supply of translations
Concerning the time of delivery of translations the
written statements of both parties are relevant. Should
the delivery date be an essential part of the order
accepted from Client, Client shall disclose this
explicitly in advance. Prerequisites for meeting the
agreed delivery date are timely presentation of all
documents to be supplied by Client as well as adherence to
the terms of payment agreed and all other obligations.
Should these prerequisites not be fulfilled in time, the
delivery date shall be renewed accordingly.
Failure to meet the agreed delivery date shall only
entitle Client to rescind the contract, if the delivery
date was explicitly agreed as fixed (see article 3.1 first
paragraph) and Client met all prerequisites of article 3.1
second paragraph. Should Client avail himself/herself of
the right to rescind the contract he/she shall refund all
costs arisen to Contractor until the time of rescission,
excluding claims for damages by the Client, with the
exception of damage caused by intention and gross
Unless otherwise agreed translations shall be
supplied by mail. If supplied by postal or other mail
services, Client shall bear the risk of loss or damage and
In the event of force majeure Contractor shall
notify Client thereof immediately. Force majeure shall
entitle both Contractor and Client to rescind the
contract. However, Client shall pay damages to Contractor
for costs incurred and performances rendered.
Force majeure includes: accidental impossibility of
performance; industrial disputes; acts of war; civil war;
unforeseeable impediments to contract performance.
Contract liability for defects (warranty)
Customerís complaints concerning the quality of
translations shall be put forward within two weeks after
delivery (mailing) of the translation. Any defects must be
explained and proved by Client in writing to a sufficient
For correction of faults Client shall allot a
reasonable period. Should Client refuse this, Contractor
shall be released from his/her liability for defects. If
the defects are corrected by Contractor within the
reasonable period allotted, Client shall not be entitled
to price reduction.
Should Contractor let the deadline of the
reasonable period allotted expire without remedying the
deficiency, Client may rescind the contract or demand
reduction of the fee charged. Neither a right to claim
rescission of contract nor reduction of the fee arises
from minor deficiencies.
Warranty claims do not entitle Client to withhold
agreed payments or to net payables against warranty
For translations used for printed works liability
for defects will arise only if Client discloses in his/her
order explicitly and in writing that he/she intends to
publish the text, and if proofs are supplied to Contractor
(authorís alterations). In such case Contractor shall be
paid a reasonable compensation for proofreading or an
adequate hourly rate to be invoiced by Contractor.
No liability for defects is assumed for the
translation of texts that are difficult to read, illegible
Improvement of style or harmonisation of specific
terminology (especially sector-specific terms or terms
used within a company) etc., are not deemed deficiencies
No liability for defects is assumed for the
translation of abbreviations that have not been provided
or explained by Client when placing the order.
Contractor assumes no liability whatsoever for the
correct reproduction of names and addresses in characters
other than Roman. In such cases Client is recommended to
spell out names etc. in Roman characters on a separate
sheet. This applies also to illegible names and figures in
birth certificates or other documents.
are reproduced as in the manuscript. No liability is
assumed for the conversion of numbers, measures,
assumes liability for manuscripts, originals etc. supplied
by Client, as far as these are not returned to Client
together with the translation, as custodian within the
meaning of the Austrian Civil Code for a period of four
weeks after completing the order. There is no obligation
to take out an insurance. As far as returning such
material is concerned article 3.3 applies mutatis
liability is taken for supplying translators, except in
case of damage caused by intention and gross negligence.
All claims for damages from Contractor shall be
limited to the invoice (net) amount unless otherwise
required by mandatory legal provisions. Cases in which the
damage was caused by intention or gross negligence are
excepted from this restriction of the right to damages. No
liability is assumed for loss of profit or consequential
If Contractor has taken out a consequential loss
liability insurance, claims for damages will be restricted
to the amount compensated by the insurance company in the
Contractor undertakes to cause the translators
employed by him/her to preserve confidence regarding the
contents of the translations. Contractor assumes no
liability for infringement of this obligation by the
Unless otherwise agreed translations shall be paid
in cash when supplied. Contractor is entitled to ask for a
reasonable payment on account. Private persons and foreign
clients may be asked to pay in advance the complete amount
contracted for. If it was agreed that Client comes for the
translation and he/she fails to do so in time, Clientís
obligation to pay shall commence on the day from which the
translation is held available.
In the event of default in payment Contractor is
entitled to withhold documents supplied (e.g. manuscripts
to be translated), and default interest of
2% above the interest rate of the National Bank
valid at any time will be charged.
In the event of nonfulfillment of the terms of
payment agreed between Client and Contractor the latter
has the right to suspend work on the orders placed with
him/her until Client fulfils his/her obligation to pay.
This applies also to orders for which a fixed delivery
date was agreed (see article 3.1). From stopping work no
legal claims arise for Client on the one hand, on the
other hand no precedent whatsoever is set for Contractor
in terms of his/her rights.
Place of jurisdiction
Any dispute arising from the contractual
relationship shall be settled by the court of competent
jurisdiction in St. Johann im Pongau or Vienna First District.
Should any individual provision of this contract be
or become void, unenforceable or illegal, the validity of
the remaining provisions hereof shall in no way be
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