General terms and conditions
General Terms and Conditions of the company AP Fachübersetzungen, Ludwig-Feuerbach-Straße 36, 90489 Nuremberg
(as of 01/11/2015)
- Unless expressly otherwise agreed, the following General Terms and Conditions apply to all contracts of AP Fachübersetzungen (hereinafter referred to as “Contractor”) entered into with its clients (hereinafter referred to as “Client”) in the course of business. They shall also apply to all future business relations without requiring a separate agreement; even if the Contractor has not expressly referred to their inclusion in individual cases.
- Any terms and conditions of the Customer which conflict with or deviate from these General Terms and Conditions shall not become part of the contract, unless the Contractor expressly agrees to them in writing.
2. Quotations and conclusion of the contract
- Any and all quotations made by the Contractor are subject to change and non-binding, unless expressly marked as binding or containing a specific period of acceptance. They only constitute a request to submit a quotation.
- A contract shall only become effective with the Contractor’s written order confirmation or tacitly through the execution of the order and shall be based exclusively on the content of the order confirmation and/or these General Terms and Conditions. In the case of tacit acceptance of the quotation, the invoice shall be deemed to be the order confirmation.
- Invoices of the Contractor shall be due and payable without deduction within 14 calendar days from the date of invoice, unless expressly agreed otherwise.
- The prices are always exclusive of the statutory value-added tax.
- In addition to the agreed remuneration, the Contractor shall be entitled to reimbursement of the expenses actually incurred and agreed in advance with the Client.
- The Contractor may request a reasonable advance payment for translations and interpreting services and make the execution of the order conditional on an advance payment.
- If the amount of the remuneration has not been agreed, the remuneration shall be based on the type, time and difficulty as appropriate and customary. In any case, the remuneration does not differ from the respectively applicable rates of the Justizvergütungs- und Entschädigungsgesetzes (JVEG, German Judicial Remuneration and Compensation Act).
4. Premature termination of contract
- The Contractor may terminate the order at any time if criminal or unlawful content is to be translated or interpreted or if the content to be translated or interpreted is contrary to common decency.
- The Client may withdraw from the execution of the order by written declaration at any time. If the Client withdraws from the contract in this way, the Contractor may demand reasonable compensation for the expenses incurred. The expenses are determined as follows:
- In the event of withdrawal up to seven days before the contractually agreed date of execution of the order: 25% of the agreed remuneration plus any travel expenses or other costs already incurred.
- In the event of withdrawal up to 48 hours before the contractually agreed date of execution of the order: 50% of the agreed remuneration plus any travel expenses or other costs already incurred.
- In the event of withdrawal up to 24 hours before the contractually agreed date of execution of the order: 100% of the agreed remuneration plus any travel expenses or other costs already incurred.
- If no lump sum or specific amount of text or daily working time has been agreed for the translation or interpreting service, the respective minimum amount of text or the agreed minimum daily working time of the interpreter shall be the basis for the calculation of the compensation due. Provided no minimum daily working time of the interpreter has been agreed, a full working day of 8 hours shall be used as basis for calculation. If no specific time has been agreed as the start of the interpreting service, the time 12.30 p.m. CET shall apply.
- In any case, the Client is free to prove that the Contractor has actually incurred lower damages.
- After commencement and until completion of the translation or interpreting service, the Client may only terminate the contract for good cause. The termination shall only be valid if received by the Contractor in writing. The Contractor reserves the right to compensation for loss of profit in the amount of the order value.
5. Revocation policy
Right of revocation
You have the right to revoke this contract within 14 days without stating any reasons. The right of revocation shall be 14 days from the conclusion of the contract.
To exercise your right of revocation, you are required to notify us, AP Fachübersetzungen, Ludwig-Feuerbach-Straße 36, 90489 Nuremberg, fax: +49 (0)911-65 00 86 51, email: email@example.com, of your decision to revoke this contract in a clear statement (e.g. a letter sent by post, fax or email).
To do so, you may also use the below revocation form template, but you do not have to.
To comply with the revocation period, it suffices to notify us of exercising your right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from you choosing a different type of delivery than the most cost-effective standard delivery offered by us), without undue delay and no later than within 14 days from the day on which we received your notification of revocation of this contract. We use the same means of payment for the reimbursement as was used for your initial transaction, unless expressly otherwise agreed with you; in no event will you be charged for this refund.
If you have requested that the services to be commenced during the revocation period, you shall pay us a reasonable amount corresponding to the portion of the services provided up to that point in time compared to the full scope of services provided for in the contract.
Revocation form template
(If you would like to revoke this contract, please fill in this form and send it to us.)
- To (...)
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notifications on paper)
(*) Please strike out as applicable.
6. Duty to collaborate and to inform
- The Client shall inform the Contractor in due time about the required form of translation and interpreting (purpose, delivery on data storage media, number of copies, readiness for publication, external form of the translation). If the translation is intended for publication, the Client shall provide the Contractor with a galley proof in due time before printing so that the Contractor may correct any possible errors. The Client shall in particular check names and numbers.
- Information and documents necessary for the preparation of the translation or interpreting shall be provided by the Client to the Contractor upon placing the order (Client's terminology, illustrations, drawings, tables, abbreviations, internal terms).
- In the case of interpreting services, the Client shall provide the Contractor’s employees with a proper workplace. The Client shall provide the necessary technical requirements for the execution of the order.
- The Client shall be liable for any infringement resulting from processing the text to be translated or interpreted. The Client shall indemnify the Contractor against any corresponding third-party claims.
7. Retention of title and copyright
- The translation remains the Contractor’s property until the remuneration has been paid in full. The Client shall not be entitled to the right of use until the remuneration has been paid.
- The Contractor reserves any copyright that may arise for the translation.
- The Contractor shall have the right to remedy any defects. The Client shall give notice of the defect and assert the claim to have the defect remedied, stating the exact details of the defect.
- If the Contractor fails to remedy the defects within a reasonable period of time or if the Contractor refuses to remedy the defects or if the remedy of defects is is considered failed, the Client may – after hearing the Contractor – have the defects remedied by another translator or interpreter at the Contractor’s expense or may alternatively either demand a reduction of the remuneration or withdraw from the contract.
- Any claims of the Client against the Contractor due to defects shall expire within one year from delivery or performance of the service.
- Claims for damages of the Client against the Contractor shall be excluded for ordinary negligence. This disclaimer of liability shall not apply in the event of injury to life, body or health and in the event of ordinarily negligent breach of essential contractual obligations. In cases of ordinarily negligent breaches of essential contractual obligations, liability shall be limited to compensation for typical damage foreseeable at the time of conclusion of the contract. Indirect damage or consequential damage shall only be compensated if it can be typically expected when the service is used as intended.
- The aforementioned disclaimers and limitations of liability shall apply to the same extent in favour of the legal or contractual representatives, employees or other vicarious agents of the Contractor.
10. Place of jurisdiction and applicable law
- The registered office of the Contractor in 90489 Nuremberg shall be the place of performance and place of jurisdiction for all claims and disputes arising from or in connection with the contractual relationship, provided the Client is a merchant, legal entity under public law or a special fund under public law. However, the Contractor is entitled to sue the Client at its registered office.
- The legal assessment of the relationship between the contracting parties shall exclusively be governed by the applicable formal and substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international trading rules. Furthermore, the provisions on conflict of German Private International Law, which would lead to application of foreign legal standards or foreign jurisdiction, are excluded.
11. Severability clause
Should individual provisions of this contract be invalid, partially invalid or unenforceable, the validity of the other provisions shall remain unaffected. The invalid, partially invalid or unenforceable provisions, shall be replaced by a provision to be agreed by the parties that comes closest to the meaning and purpose of the invalid, partially invalid or unenforceable provision. Should the parties fail to reach such an agreement, the invalid, partially invalid or unenforceable provision shall be replaced, at the request of the parties, by the statutory provision which comes closest to the meaning and purpose of the invalid, partially invalid or unenforceable provision.