1. Scope of application
(1) These general business conditions (GBC) apply to all contracts between the company TETRAS and the customer/company (client) unless agreed otherwise in writing or mandatorily prescribed by law. These GBC become valid upon order issuance and remain applicable for the entire duration of the business relationship. Supplementary verbal agreements must be confirmed in writing.
(2) The client’s general business conditions are binding for TETRAS only if they have been acknowledged in writing.
(3) Even if the client collaborates with a third party, TETRAS enters the contract exclusively with the client, who must fulfill the payment conditions, regardless of the end customer’s payment practices.
2. Issuance of order
(1) A translation order is not considered issued until
a) TETRAS has received the translation order form by e-mail, regular mail or fax, and
b) TETRAS has confirmed the order in writing.
3. Scope and delivery of the translation
(1) The translation is carefully prepared according to the principles of proper professional practice. The client receives the completed translation agreed to contractually in the translation order form.
4. Client’s obligation to cooperate and inform
(1) If there are ambiguities in the original text, TETRAS reserves the right to ask the client questions or to create the translation in generally intelligible form to the best of their knowledge and in good conscience.
(2) The client must indicate the translation’s purpose of use in the translation order.
(3) If the translation is intended for print, the client must provide the translator with a correction proof before printing, and after printing, with a specimen copy.
(4) Information and documents that may be necessary for creating the translation must be provided by the client (e.g. glossaries, company-internal documents, photos, etc.). If reference material is not provided, the technical expressions will be translated into ordinary, generally intelligible form.
(5) The client releases the translator from copyright claims that could be placed on the translator due to the translation.
(6) The client is obligated to confirm receipt of the translation in writing.
5. Delivery date, force majeure
(1) If a delivery date is agreed to in the translation order, it is generally confirmed as binding.
(2) However, TETRAS will not be in default if performance ceases due to circumstances for which TETRAS is not responsible. If the translator cannot adhere to the delivery date because of a force majeure or for other reasons (illness of the translator, family emergency, computer error, etc.) for which the translator is not responsible, TETRAS must immediately inform the client. In such cases, both TETRAS and the client have the right to withdraw from the contract. Withdrawal must be done in writing. Partial deliveries already made by the translator must be paid for. Further rights, especially claims for damages, are excluded in such cases.
(3) In any case, an extended deadline can be granted only by mutual written agreement.
6. Data protection, confidentiality
(1) TETRAS is obligated to treat the translation order confidentially.
(2) Texts with criminal content, and texts that violate good morals do not come under Point 6.(1) and can be rejected by the translator even after accepting the order.
7. Termination of contract
(1) If the client cancels an order without the legal or contractual right to do so, the translation completed up to the time of cancellation must be paid for. The cancellation must always be made in writing.
8. Error correction, warranty claims
(1) TETRAS shall not be held responsible for errors in the translation that are due to poorly legible, defective or incomplete text models or incorrect terminology from the client.
(2) All defect complaints due to translation quality must be made within thirty (30) days after the translation is sent. Defects must be explained and verified by the client in writing and in adequate form. If TETRAS does not receive written objection within thirty days after sending the translation, the translation is considered free of defects, and the client waives all claims to which he may be entitled due to defects.
(3) The client must grant the translator an adequate period for correcting defects. If he refuses this, TETRAS is released from liability for defects. If defects are corrected within the granted period, the client has no right to price reduction. If defects are verifiably not corrected, the client can demand reduction of compensation. There is no right to reduction for insignificant defects. Warranty claims do not entitle the client to withhold negotiated payments.
9. Fee
(1) The fee can be agreed to as a line or word rate, or as a fixed price. For invoicing by line, the volume is determined based on the source text. A standard line is 55 keystrokes, including spaces. For each order, a minimum price is charged according to the company’s valid prices.
(2) The fee agreed to in the translation order is binding and payable without deduction within 14 business days after receipt of invoice. The invoice must be paid by bank transfer by the client. The client must bear all bank transfer fees. If the translation is delivered by non-electronic means, in addition to the agreed-upon fee, the client must also pay the delivery fees.
10. Liability
(1) TETRAS is liable for gross negligence and intent. Liability for mild negligence occurs only upon breach of major contractual obligations.
(2) TETRAS is not responsible for damages or loss during transport. TETRAS uses an up-to-date virus protection program, but is not liable for possible damages caused by computer viruses.
(3) TETRAS is not liable for failure to meet a delivery date due to reasons for which the translator is not responsible; see Point 5.(2).
(4) If the client does not indicate in the translation order that the translation is intended for print, any defects are fully borne by the client.
11. Applicable law, jurisdiction, place of fulfillment, severability clause
(1) The laws of the Federal Republic of Germany apply exclusively. The jurisdiction is the headquarters of the TETRAS company. The place of fulfillment is the headquarters of the TETRAS company.
(2) If one or more provisions of this contract should be fully or partially void under law, the validity of the other provisions is not affected. A retroactive provision that comes as close as possible to the purpose of the intended provision will replace the invalid provisions.
