Terms and Conditions
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General Terms and Conditions of the company Dr. Alexander Sedo (languages and translations, web design)
1. Scope of Services.
unless otherwise agreed in writing, the following conditions apply to the scope of the service.
We recommend that the client tell us what they want to use the translation for, e.g. B. whether it is intended only for information, publication and advertising, for legal purposes or patent proceedings, or any other purpose for which a specific translation of the texts by the translator involved is important. In the event that the client uses the translation for a purpose other than that for which it was commissioned and delivered, the client will not have any claims for damages against the contractor (translator or translation agency). If the purpose of a translation is not disclosed to the contractor, the contractor must carry out the translation to the best of his knowledge for the purpose of information. Unless otherwise agreed, translations are delivered by email as a Word document.
2. Fee
The fees (prices) for translations are determined according to the contractor’s tariffs (price lists), which apply to the particular type of translation. Depending on the agreement, translations are charged for standard lines or words of the translated text, excluding documents. The latter are calculated per page. A standard line consists of 50 characters including spaces according to the specifications of the Print & Paper Guild and the Austrian Association of Interpreters and Translators. 1 standard page = approx. 30 lines (DIN A4). For small orders, a minimum fee of EUR 40 (excluding VAT) per language will be charged to cover the administrative costs. If a binding cost estimate has been made, it is only valid if it was made in writing. Deviations of up to 10 percent must be accepted by the client. Other cost estimates are intended as a non-binding guideline only. If a significant overrun of the cost estimate provided proves to be unavoidable, the client can withdraw from the contract with appropriate compensation for the work carried out by the contractor. As soon as an exceedance turns out to be unavoidable, the contractor is obliged to immediately notify the client of this. Cost estimates that are given without viewing the translation documents are deemed to be without warranty. Unless the contractor prepares a new cost estimate, the client is obliged to pay the actual costs of the translation. Collective agreement wage or salary increases entitle the contractor to subsequently correct the price. The full fee for an initial translation can be charged for checking third-party translations.
3. Delivery
With regard to the deadline for delivery of the translation, the mutual written declarations are decisive. If the delivery date is an essential part of the order accepted by the contractor, the client must expressly announce this in advance. The prerequisite for compliance with the delivery deadline is the timely receipt of all documents to be provided by the client as well as compliance with the agreed payment terms and other obligations. If these requirements are not met in a timely manner, the delivery period will be extended appropriately. Failure to adhere to the delivery deadline does not entitle the client to withdraw from the contract. He must give the contractor a reasonable grace period and can only withdraw from the contract after this grace period has expired. If the client makes use of the withdrawal, he must reimburse the contractor for the expenses incurred up to the withdrawal. Claims for damages by the client are excluded, with the exception of damage caused intentionally or through gross negligence. Unless otherwise agreed, delivery will be made by email. Deliveries by fax, post, messenger, etc. are made at the risk and expense of the client.
4. Force majeure
In the event of force majeure, the contractor must notify the client immediately. Force majeure entitles both the contractor and the client to withdraw from the contract. However, the client must reimburse the contractor for expenses or services already incurred. The following are to be regarded as force majeure in particular: coincidence; Power outage, technical problems with transmission (e.g. provider) or implementation (e.g. computer system), labor disputes; acts of war; civil war; Occurrence of unforeseeable obstacles that demonstrably significantly affect the contractor’s ability to complete the order as agreed.
5. Liability for defects (warranty)
Unless another written agreement has been expressly agreed, all translations are always delivered in a first version for purely informative purposes. The translation price does not include proofreading or checking. If the client requires the translation, e.g. for important publications, advertising, publications, etc., we strongly recommend our paid proofreading by a second independent translator. Possible defects that can be attributed to a lack of checking or proofreading cannot therefore be recognized.
All complaints regarding the quality of the translation must be made within 3 days of delivery (sending by email, fax or delivery by post) of the translation. Defects must be explained and proven in writing by the client in sufficient form. In order to remedy the defect, the client must give the contractor a reasonable period of time to make improvements. If he refuses to do so, the contractor is released from liability for defects. If the defects are remedied by the contractor within a reasonable period of time, the client is not entitled to a price reduction. If the contractor allows a reasonable grace period to elapse twice without being able to prove that the defect has been remedied, the client has the option of withdrawing from the contract or requesting a reduction in the remuneration (reduction). In the case of insignificant defects, there is neither a right of withdrawal nor a right to a reduction in price. Warranty claims or complaints about defects do not entitle the client to withhold agreed payments or to offset them. There is no liability for defects for the translation of documents that are difficult to read, illegible or incomprehensible. Stylistic improvements or adjustments to specific terminology (particularly industry or company-specific terms) etc. are not recognized as translation deficiencies. There is no liability for defects for abbreviations that were not specified or explained by the client when placing the order. The contractor assumes no liability for the correct reproduction of names and addresses in templates that are not in Latin script. In such cases, the client is recommended to write names and personal names on a special sheet in Latin block letters. This also applies to illegible names and numbers in birth certificates or other documents. The figures are reproduced only according to the manuscript. No liability is assumed for the conversion of numbers, measurements, currencies and the like. For manuscripts, originals and the like provided by the client, the contractor is liable as custodian within the meaning of the General Civil Code for a period of four weeks after completion of the order, unless they are returned to the client with the delivery. There is no obligation to take out insurance. No liability is assumed for the provision of translators, except for damage caused intentionally or through gross negligence during the selection.
6. Damages
Unless otherwise required by law, all claims for damages against the contractor are limited to the amount of the invoice amount (net) for the respective order. Excluded from this limitation of damages are cases in which the damage was caused by gross negligence or intentionally. There is no liability for lost profits or consequential damages. If the contractor has taken out liability insurance for financial losses, claims for damages are limited to the amount that the insurance reimburses in the specific case. The contractor undertakes to require his employees to keep the content of the translations confidential. The contractor is not liable for non-compliance with this obligation by the employees.
7. Payment
Unless otherwise agreed, payment must be made by bank transfer or in cash upon delivery of the translation or upon receipt of the invoice. The contractor is entitled to demand an appropriate payment on account. Private individuals and foreign clients may be required to pay the full order amount in advance. If collection has been agreed and the translation is not picked up by the client on time, the client’s obligation to pay begins on the day the translation is made available for collection. If payment is delayed, the contractor is entitled to retain the order documents provided (e.g. manuscripts to be translated). In the event of late payment, default interest of 2% above the contractor’s official interest rate will be charged. If the payment terms agreed between the client and contractor are not adhered to, the contractor is entitled to stop work on the orders placed with him until the client meets his payment obligations. This also applies to orders for which a fixed delivery time has been agreed. On the one hand, the termination of work does not give rise to any legal claims for the client, and on the other hand, the contractor’s rights are not prejudiced in any way.
8. Place of Jurisdiction
For disputes arising from the contractual relationship, the competent court in the UK or an appropriate dispute resolution procedure must be used.
9. Bindingness of the General Terms and Conditions
The remaining parts of the contract remain binding even if individual points are legally invalid. Legal ineffectiveness of individual points will be replaced by legally valid ones.