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General terms and conditions

  1. The following general terms and conditions apply to the contractual relationship between Ü-Werk GmbH, Zweibrückenstraße 696, 84028 Landshut and its customers.

  2. Ü-Werk GmbH operates a translation service for the production of translations and for the provision of interpreting services.

  3. The interpreter can only be assigned to those tasks for which they are booked. They cannot be called on for additional tasks on site such as written translations, keeping minutes or organisational activities.

  4. Texts with indictable content, which offends common decency, can be rejected by Ü-Werk GmbH - even after the conclusion of the contract. Otherwise a text shall only be rejected in special circumstances - even after the conclusion of the contract - for example if a translation of reasonable quality is not possible in the time period specified by the customer due to the difficulty and/or the extent of the submitted text. The interpreter has the right to decline a job on site for serious reasons, for example moral or ethical reasons.

  5. Source languages and target languages are currently German, English, French, Spanish and Italian as well as forty other languages. Further languages are available on request.

  6. As a general rule, texts are submitted by the customer electronically to Ü-Werk GmbH. Likewise, the customer will usually receive the translation in an electronic format.

    In the case of interpreting, sufficient information must be available so that the interpreter has the opportunity to work to a suitable quality standard. The customer is obliged to provide the interpreter with written details in good time before the start of their assignment.

  7. Together with the order, the customer should state the field or fields of expertise which, in their opinion, are included in the text or interpreting assignment. It is in their own interest to complete the specification with the greatest possible accuracy. If the customer has specific terminology requests, they should communicate these and provide the appropriate reference material (example texts, terminology lists and the like). These should be put to use for the purpose of the best possible translation or interpreting result.

    The customer can book critical translations as an urgent order. If necessary they should clearly note this in the order or specification.

  8. The customer can choose whether they release their text for translation from the outset - subject to the acceptance of the order by Ü-Werk - or whether an offer for costs and a timeframe for the translation are provided by Ü-Werk first. This offer is free of charge and is non-binding for both parties.

    The contract is effectively agreed if, two working days after receipt, Ü-Werk does not state that Ü-Werk cannot complete the order in the requested format.

  9. If after the acceptance of the order by Ü-Werk it transpires that the order cannot be completed by the agreed deadline for good reason, (e.g. illness of translator or interpreter or technical failings in the network), Ü-Werk will inform the customer immediately.

  10. If an order for interpreting services is cancelled by the customer within 48 hours of the proposed assignment, a cancellation fee of 50% of the agreed fee plus any other potentially incurred travel or other costs will be payable. In the case of a cancellation within 24 hours of the proposed assignment the entire amount of the agreed fee including any other potentially incurred travel or other costs is payable. In all cases the customer is entitled to prove that Ü-Werk GmbH has only sustained an insignificant loss.

  11. Depending on the language combination, the minimum order value for job orders shall be between EUR 15.00 and EUR 90.00 (plus VAT*).

    *only for job orders made by a consumer resident in the territory of the European Union, by a domestic entrepreneur or by a domestic company.

    Translations usually have a different size compared to the original text. Since the calculation of the final price is based on the size of the target text, the final price can only be given when the translation is complete. Prices may vary depending on the level of difficulty and specialist field of the source text and the expenditure for DTP works. In these cases, the offer price shall be notified to the customer as soon as possible upon receipt of the text and the specifications according to item 7. Interpreting shall be charged per hour; one hour shall be booked as a minimum. Travel and accommodation costs as well as other expenses shall be borne by the customer. Ü-Werk GmbH shall be obliged to organize cost-effective journeys and accommodations (second class rail journeys, economy class flights, three-star hotels). On the customer's request, any higher costs shall be arranged with them in more detail in advance.

  12. Ü-Werk GmbH shall be obliged to have the translation or interpreting performed free of faults. Insignificant faults shall be disregarded. Ü-Werk GmbH shall furthermore be obliged to make sure that translations are performed without any reductions or additions. Ü-Werk GmbH shall reserve the right to insert comments, footnotes, etc. for better understanding of the text in the target language where necessary. The translators and interpreters shall work in accordance with commonly used practices and carry out their work to the best of their knowledge and belief.

  13. For interpreting services, the customer shall be obliged to provide the interpreter with good working conditions, e.g. to ensure perfect audibility in the interpreting booth and provide sufficient workspace. They shall be given sufficient time to have their meals without rushing. All written texts to be read by the speakers shall be provided in due time.

    For simultaneous interpreting, two interpreters shall be booked. Any necessary technical preparations shall be made by the customer.

  14. Finished translations shall be checked by Ü-Werk GmbH for completeness and data format as well as other faults visible at first sight and then forwarded to the customer. If there are no objections raised by the customer within 14 days - the deadline starting upon expiry of the day on which the translation was sent to the customer in verifiable manner (e.g. dispatch record) - the translation shall be deemed as approved. In this case, the customer shall waive all claims they could be entitled to due to any possible defects of the translation.

    If the customer makes a complaint about an objectively-identified and not insignificant fault within the 14 day period, this fault shall be described in text form (e.g. letter, fax, e-mail) as detailed as possible. At the same time, the customer shall indicate the period of time within which the fault is to be corrected. Ü-Werk GmbH shall then effect the correction of the fault within the named period of time if it is reasonable, otherwise within a reasonable period of time.

    If the first correction of the fault fails, Ü-Werk GmbH shall be entitled to correct the translation again on the basis of the fault described by the customer again in text form as detailed as possible. If the second correction of the fault fails as well, the customer shall be entitled to reduce the agreed fee or to rescind the contract at their option. For the latter option, all rights to the translation shall remain with Ü-Werk GmbH.

    The customer shall only be entitled to any further rights due to faulty translations if Ü-Werk GmbH or one of its legal representatives or vicarious agents acted in an intentional or grossly negligent manner. However, Ü-Werk GmbH shall be liable for violation of essential contractual obligations and health if it is responsible.

    Liability shall in any case be limited to the foreseeable, typically occurring damage and shall include neither consequential damages nor lost profit. The amount of liability shall be limited to double the agreed fee, however, to the maximum of EUR 20,000 per case of damage.

  15. For interpreting services, any faults may only be asserted on site to the interpreter and shall be corrected on site. Ü-Werk GmbH shall receive written information from the customer about the type of fault and the correction performed immediately upon completion of the interpreting service.

  16. If the agreed completion date for a translation is exceeded by more than 48 hours, the customer shall be entitled to reduce the agreed fee for every further full day (24 hours) of exceeding by 5% of the agreed fee, unless the exceeding was caused by force majeure. The customer shall only be entitled to any further claims if Ü-Werk GmbH or one of its legal representatives or vicarious agents acted in an intentional or grossly negligent manner.

    Ü-Werk GmbH shall ensure that the interpreter arrives on time. Any reasons subject to force majeure shall be excluded.

  17. Ü-Werk GmbH shall charge the customer the fee for the translation or interpreting service immediately upon its completion.

  18. Without prejudice to the foregoing (data loss or data manipulation outside the sphere of influence of Ü-Werk GmbH), Ü-Werk GmbH shall keep the facts and circumstances that have become known in line with the performance of the contract confidential, unless Ü-Werk GmbH is obliged to disclose the information due to regulatory or court order, statutory provisions, etc. The translators used by Ü-Werk GmbH shall also be obligated by Ü-Werk GmbH to maintain confidentiality.

  19. Ü-Werk GmbH shall ensure that the customer can use the translation unlimited in time and space and without any quantity restrictions according to the notified purpose of use. The customer shall also be entitled to edit the translation and to transfer the rights to the translation to third parties by way of licence or otherwise. Ü-Werk GmbH shall release the customer from all claims of the translator. However, the proprietary rights of use to the translation shall only be transferred to the customer after complete payment of the fee. In turn, the customer shall guarantee that they are entitled to all rights to the text to be translated and that they have unlimited authorization to have the text translated. The customer shall release Ü-Werk GmbH from all claims in this respect.

    For interpreting services, the spoken word shall apply, i.e. the product is intended to be heard immediately. If there is a radio transmission/television broadcast/internet transmission or subsequent play-back option planned, it shall be noted that the recording and reuse of the interpreting service is generally possible. In any case, however, this shall be agreed with Ü-Werk GmbH in writing in advance and it may also include a separate fee.

  20. For any possible failures on the internet or at providers that are not in the sphere of influence of Ü-Werk GmbH, the following shall apply: As far as the present terms and conditions stipulate communications by e-mail and the customer could expect a response from Ü-Werk GmbH based on the circumstances of the actual case and this response is not given, they shall be obliged to notify Ü-Werk GmbH in another appropriate manner (e.g. by phone or fax). Unfortunately, due to communications in electronic form between the customer, Ü-Werk GmbH and the translator, 100% confidentiality cannot be guaranteed. In particular, it is not impossible that e-mails disappear unnoticed or are intercepted, falsified or distorted by third parties. The customer shall be free to demand transmission by fax, letter post or courier if they reimburse the costs.

    Without prejudice to the provisions mentioned before in this paragraph (data loss or data manipulation outside the sphere of influence of Ü-Werk GmbH), Ü-Werk GmbH shall keep the facts and circumstances that have become known in line with the performance of the contract confidential, unless Ü-Werk GmbH is obliged to disclose the information due to regulatory or court order, statutory provisions, etc. The translators used by Ü-Werk GmbH shall also be obligated by Ü-Werk GmbH to maintain confidentiality.

  21. If any provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions. In addition, German law excluding the United Nations Convention on Contracts for the International Sale of Goods shall apply exclusively to the contractual relationship between Ü-Werk GmbH and the customer.

Where permissible, Landshut shall be the exclusive place of jurisdiction.

Dated: 01 February 2012

Tel. +49 (0) 87 1 / 975 13-0
info(@)ue-werk.de