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General Standard Terms and Conditions

 for Translating Offices

1.       Scope of performance

1.1.    The general standard terms and conditions apply to the scope of performance, unless otherwise agreed.

1.2.    Client is obligated to disclose the intended use of the translation, e.g.

1.2.1.        information,

1.2.2.        publishing and advertising,

1.2.3.        legal purposes or patent procedures,

1.2.4.      or any other purpose that must be considered by the translator in his/her work.

1.3.    Translations supplied via telex or fax can only be made for the purpose listed in article 1.2.1.

1.4.    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).

1.5.    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).

1.6.    In general Contractor shall supply translations in the form of one typewritten copy.

2.       Fees

2.1.    The fees  (prices) for translations are charged on the basis of the Contractor’s 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.

2.2.    Only written cost estimates are binding.

2.3.    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.

2.4.    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.

2.5.    Collective wage or salary increases entitle Contractor to subsequent revision of prices.

2.6.    For checking translations made by other persons the full fee for an original translation may be charged.

3.       Supply of translations

3.1.    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.

3.2.    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 negligence.

3.3.    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 all expenses.

4.       Force majeure

4.1.    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.

4.2.    Force majeure includes: accidental impossibility of performance; industrial disputes; acts of war; civil war; unforeseeable impediments to contract performance.

5.       Contract liability for defects (warranty)

5.1.    Customer’s 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 extent.

5.2.    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.

5.3.    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.

5.4.    Warranty claims do not entitle Client to withhold agreed payments or to net payables against warranty claims.

5.5.    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 (author’s alterations). In such case Contractor shall be paid a reasonable compensation for proofreading or an adequate hourly rate to be invoiced by Contractor.

5.6.    No liability for defects is assumed for the translation of texts that are difficult to read, illegible or incomprehensible.

5.7.    Improvement of style or harmonisation of specific terminology (especially sector-specific terms or terms used within a company) etc., are not deemed deficiencies of translation.

5.8.    No liability for defects is assumed for the translation of abbreviations that have not been provided or explained by Client when placing the order.

5.9.    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.

5.10. Numbers are reproduced as in the manuscript. No liability is assumed for the conversion of numbers, measures, currencies etc.

5.11. Contractor 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 mutandis.

5.12. No liability is taken for supplying translators, except in case of damage caused by intention and gross negligence.

6.       Damages

6.1.    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 damage.

6.2.    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 concrete case.

6.3.    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 translators employed.

7.       Payment

7.1.    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, Client’s obligation to pay shall commence on the day from which the translation is held available.

7.2.    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.

7.3.    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.

8.       Place of jurisdiction

8.1.    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.     

9.       Contractual obligations

9.1.    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 affected.

 

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