General Terms of Contract
I. Area of Application
A. These General Terms of Contract apply for contracts
between the translators of Pentekoste
and their clients, insofar as no other agreement has
been specifically stipulated or is prescribed by law.
B. The General Terms of
Contract of the client are only binding for the translator if they have
been explicitly accepted by the translator.
II. Scope of the Translation Contract
The translation shall be carefully executed under the
principles of standard performance of the profession. The client shall
receive the copy of the translation which is stipulated in the contract.
III. Client's Participation and Information Obligation
A. The client shall inform the translator in a timely manner of any
special forms of performance of the translation (translation on data
storage media, number of copies, readiness for publication, external
forms of the translation, etc.). If the translation is intended for
publication, the client shall provide the translator with a galley proof.
B. The client shall provide to the translator any information and
documents required for the completion of the translation in a timely
manner and without having been specifically requested to do so (client
glossaries, illustrations, drawings, tables, abbreviations, etc.).
C. Errors resulting from a failure to observe these obligations shall
not be the responsibility of the translator.
IV. Removal of Defects
A. The translator reserves the right to removal of defects. The client
has the right to have any errors contained in a translation be removed.
The right to removal of defects must be asserted by the client by
precisely stating the defect. In the case of an unsuccessful correction
effort or the issue of a replacement, legally valid guarantee laws shall
once again take effect insofar as no other agreement has been stipulated.
The translator shall be
liable in cases of gross negligence and intent. In the case of slight
negligence, liability shall only exist if obligations pertinent to the
contract have been violated.
VI. Professional Secrecy
The translator shall be obligated to maintain
confidentiality regarding all facts of which he becomes aware as a
result of his activity for the client.
A. Payment is to be effected within 14 days of acceptance of the
completed translation. The period of acceptance shall amount to 14 days.
B. In addition to the stipulated remuneration, the translator reserves
the right to reimbursement for actual expenditures and those agreed upon
with the client. Value-added tax shall be calculated additionally. The
translator may request an advance for extensive translations objectively
necessary for the execution of the translation. In well-founded cases,
he may make submission of his work dependent upon full payment of his
C. If the amount of the fee is not stipulated, appropriate and standard
payment dependent upon the type and difficulty of the translation shall
VIII. Reservation of Title and Copyright
A. The translation shall remain the property of the
translator until complete payment has been effected. The client shall
not retain the right of utilization until said payment has been effected.
B. The translator shall reserve his right to copyright.
IX. Applicable Law
A. German law shall apply to the contract and all claims resulting there
from. The place of jurisdiction shall be Munich.
B. The validity of these General Terms of Contract shall not be affected
by the nullity and invalidity of individual stipulations.