General Terms and Conditions of the company AP Fachübersetzungen, Ludwig-Feuerbach-Straße 36, 90489 Nürnberg
(as of 01/11/2015)
(1) Unless otherwise specified, the following General Terms and Conditions apply to all contracts of AP Fachübersetzungen (hereinafter referred to as the “contractor”) entered into with their clients (hereinafter referred to as the “principal”) in the course of business. They also apply for all future business relations without requiring a separate agreement; this shall also apply in case the contractor did not expressly point out their applicability in individual cases.
(2) Any conflicting terms or terms deviating from the principal’s General Terms and Conditions will not become content of contract, unless agreed to expressly and in written form by the contractor.
2. Offers and conclusion of the contract
(1) All offers made by the contractor are subject to change and non-binding, unless expressly marked as binding or containing a specific term of acceptance. They only constitute a request to submit an offer.
(2) A contract will only become effective subject to the contractor’s written order confirmation or implicitly with the execution of the order and is exclusively subject to the content of the order confirmation and/or these General Terms and Conditions. In case of an implicit acceptance of the offer, the invoice will be deemed an order confirmation.
(1) Invoices of the contractor will be due and payable without deduction within 14 calendar days from the date of invoice unless expressly agreed on otherwise.
(2) The prices are always exclusive of the statutory value-added tax.
(3) Apart from the fixed remuneration, the contractor is entitled to the remuneration of the expenditures actually incurred and coordinated with the principal in advance.
(4) The contractor may request an adequate advance payment for translations and interpreting services and make the order execution conditional on an advance payment.
(5) If the amount of the remuneration is not agreed on, the remuneration is based on the type, time and difficulty as appropriate and customary. The remuneration does in any case not fall short of the applicable rates of the Justizvergütungs- und Entschädigungsgesetzes (JVEG) [German Judicial Remuneration and Compensation Act].
4. Premature termination of contracts
(1) The contractor may cancel the order at any time, if criminal and unlawful contents are to be translated or interpreted or if the contents to be translated or interpreted are contrary to common decency.
(2) The principal may withdraw from the execution of the order by written declaration at any time. If the principal withdraws from the order in this way, the contractor may demand adequate compensation for the expense incurred. The expense is determined as follows:
- In case of a withdrawal up to seven days before the contractually agreed-on order execution date:
25% of the agreed-on remuneration plus any travelling costs and other costs already incurred
- In case of a withdrawal up to 48 hours before the contractually agreed-on order execution date: 50% of the agreed-on remuneration plus any travelling costs and other costs already incurred
in the case of withdrawal up to 24 hours before the contractually agreed-on order execution date:
100% of the agreed-on remuneration plus any travelling costs and other costs already incurred.
(3) If no lump sum or specific amount of text or daily working time relevant to settlement was agreed on, the respective minimum amount of text or the agreed-on minimum daily working hours of the interpreter applies as a basis for the calculation of the compensation due. Provided no minimum daily working hours of the interpreter was agreed on, a full working day of 8 hours will be used as a basis for calculation. If no specific working period was agreed for the beginning of the interpreting service, this time will be at 12.30 p.m. (CET).
(4) The principal may in any case prove that contractor in fact incurred lower losses.
(5) After the beginning and until the completion of the translation or interpreting service the principal may only cancel the contract for good cause. The cancellation is only valid if received by the contractor in writing. The contractor reserves the right to be compensated for lost profit up to the amount of order value.
5. Cancellation policy
Right of revocation
You are entitled to revoke this contract within 14 days without stating any reasons. The right of revocation is 14 days from the conclusion of the contract.
In order to exercise your right of revocation, you are required to notify us, AP Fachübersetzungen, Ludwig-Feuerbach-Straße 36, 90489 Nürnberg, fax: +49 (0)911-65 00 86 51, email: info(at)ap-fachuebersetzungen.de, of your decision to revoke the contract in a clear statement (e.g. a letter sent by mail, fax or email).
To this end, you may optionally use the enclosed specimen revocation form.
In order to comply with the revocation period, it suffices to notify us of your exercising your right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we will reimburse you all payments we received from you, including shipping costs (with the exception of additional costs due to your choosing another type of delivery different from our offered, cheaper standard delivery) promptly and no later than within 14 days from the day on which we received your notification of revocation for this contract.
We use the same means of payment for the refund as was used for your initial transaction, unless expressly otherwise agreed on with you; on no account will you be charged fees related to the refund.
If you demanded for the services to be initiated during the revocation period, you shall pay us an adequate amount corresponding to the portion of the services rendered up to this time compared to the full extent of services required pursuant to the contract.
Specimen revocation form
(If you want to revoke this contract, please fill in this form and send it back 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)
(*) Cross out as applicable
6. Duties to collaborate and duties to inform
(1) The principal shall inform the contractor of the required mode of the translations and interpreting (purpose, delivery on data media, number of copies, ready for printing, external form of the translation) in time. If the translation is intended for printing, the principal shall provide the contractor with a proof copy in time before the printing in order for the contractor to be able to remove any errors. The principal shall in particular check names and numbers.
(2) Upon submitting the order, the principal shall provide the contractor with any information and documents relevant for preparing the translation or for performing the interpreting (principal’s terminology, figures, drawings, charts, abbreviations, in-house terms).
(3) For interpreting services, the principal shall provide the contractor’s employees with a proper workplace. The principal shall supply the necessary technical requirements for the execution of the order.
(4) The principal is liable for any possible infringement caused by processing the text to be translated or interpreted. The principal shall release the contractor from any respective third party claims.
7. Retention of title and copyright law
(1) The translation service remains the contractor’s property until the remuneration was paid in full. The principal has no right of use until the remuneration was paid.
(2) The contractor reserves any created copyright to the translation service.
(1) The contractor is entitled to remedy any defects. The principal shall indicate the defects and assert their claim to have the defects remedied, stating the exact defect.
(2) If the contractor does not remedy the defects within an appropriate time period or if they refuse the remedy of deficits or if the remedy of deficits is deemed failed, the principal may – after allowing the contractor to make a statement – have the deficits remedied by another translator or interpreter at the contractor’s expense or may alternatively either demand a lower remuneration or withdraw from the contract.
(3) Any claims of the principal against the contractor due to deficits lapse within a year from delivery or from the rendering of the service.
(1) Claims for damages of the principal against the contractor are excluded in cases of slight negligence. This disclaimer of liability does not apply in case of injury of life, body and health and in case of slightly negligent breaches of material contractual obligations. In cases of slightly negligent breaches of material contractual obligations the liability shall be limited to the compensation of the typical damage foreseeable at the time of the conclusion of the contract. Collateral damage or consequential damage may only be remunerated to the extent typically to be expected in case of proper use of the service.
(2) The aforementioned disclaimers and limitations of liability apply in equal measure in favour of the legal or contractual representatives, employees or other agents of the contractor.
10. Place of jurisdiction and governing law
(1) The registered office of the contractor in 90489 Nürnberg is the place of fulfilment and place of jurisdiction for all claims and disputes arising from or in connection with the contractual relationship, provided the principal is a merchant, legal entity under public law or a special fund under public law. The contractor is, however, entitled to sue the principal at their own registered office.
(2) The legal assessment of the relationship between the contracting parties is exclusively governed by the applicable formal and material right 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 reference norms of the German private international law, which would lead to application of foreign legal standards or to foreign places of jurisdiction respectively, are excluded.
11. Severability clause
If individual provisions of this contract are ineffective, partially ineffective or unenforceable, the validity of the other provisions shall remain unaffected thereof. The parties shall agree to specify a regulation which most closely resembles the purpose of the ineffective, partially ineffective or unenforceable provisions in lieu of the ineffective, partially ineffective or unenforceable provisions. If the parties are unable to reach such an agreement, the legal provision which most closely resembles the purpose of the ineffective, partially ineffective or the unenforceable provision shall replace the ineffective, partially ineffective or unenforceable provision, as required by the parties.