Bochert Translations – General Terms & Conditions of Business

as of 25th August, 2010.

The General Terms & Conditions of Business as notified on this website may be subject to alteration in the future at short notice. Please also read the Conditions of Use for this website in conjunction with these General Terms & Conditions of Business.

1. Introduction

1. These General Conditions of Business apply to current and future business relations between Bochert Translations and their clients irrespective of whether or not further reference is expressly made to them by Bochert Translations on acceptance of individual orders.
2. Language intermediary services (interpreting and translation) are purely services. Orders are carried out in accordance with the following conditions. Conditions set by the client that are at variance with the following conditions and not expressly agreed in writing by Bochert Translations are not binding on Bochert Translations and are effectively contradicted.

2. Offers

Verbal offers are not binding and require written confirmation. An effective contract relationship with Bochert Translations only comes into existence when the order is confirmed in writing.

3. Services

1. Bochert Translations is at liberty to use the services of third parties in fulfilling the order. The task of the language intermediary is to correctly reproduce the content and purport linguistically and technically of a given wording in another language.
2. The client is responsible for any errors in the source text submitted. Liability for errors in type setting is excluded unless the gally proofs have been produced by Bochert Translations.
3. Matching of a specialist terminology introduced by the client is only carried out by specific agreement and only then when sufficient and complete documentation, such as, e.g., previous translations or glossaries, is made available at the time of placing the order.
4. Additional services such as DTP, printing, HTML files, etc., must be agreed separately on concluding the contract and are charged for separately.

4. Deadlines

1. Deadlines are only valid when expressly confirmed by Bochert Translations in writing.
2. In the event that Bochert Translations is late in delivering a service they will be allowed a reasonable time limit to effect delivery. The client may only cancel or reduce the order when this time limit has expired without result. All further claims are excluded.
3. The client remains liable for payment for all services performed by Bochert Translations up to the time of issue of a threat of cancellation.
4. The client’s right to cancellation or reduction is excluded in the event that Bochert Translations is prevented from delivering the services through force majeure or other unavoidable circumstances outside their control.

5. Terms of Payment

1. The prices quoted by Bochert Translations are exclusive of statutory value-added tax at the rate applicable on the date of delivery. Bochert Translations’ invoices are due for payment in full immediately on receipt.
2. Payment is outstanding at the latest ten days after issue of invoice. A reminder will be issued, followed one calendar week later by a court order for payment. Bochert Translations is entitled to demand interest on payment arrears at 1% of the gross invoice amount per day up to the time full payment is received.
3. Ultimately the client has sole liability for payment. Payments by third parties are only accepted in discharge of the debt when these are received on time and in full and are accompanied by the client’s name and the invoice and order numbers.
4. All rights to withhold payment are excluded absolutely.
5. The client may not set payment off against other claims unless these are undisputed or established by a court of law.

6. Performance and Passing of Risk

1. We will deliver our services free of material defects and defects of title. Our services (translations, edited texts, processed graphics) are held to be without defect when we deliver manuscript-quality texts and the sense and meaning of the original text is unimpaired. Additional rights with respect to the quality of our services only form part of the contract when these are expressly agreed in writing; this applies particularly to translations that are intended for publication in part or in full by the client for advertising, as operating instructions or a similar purpose.
2. Bochert Translations’ service is performed when the translation is put in the post, handed over to a company charged by Bochert Translations with its delivery or its recorded input into the agreed electronic transfer medium (e.g., Internet) is effected.
3. Original source texts are only returned on request by and at the risk of the client.

7. Copyright

1. Copyright and all rights of utilization to translations, text adaptations, terminology databanks and documents produced by Bochert Translations remain with Bochert Translations until full payment of the invoice. These rights do not transfer to the client until full payment of the invoice amount is received.
2. Bochert Translations accepts no responsibility for infringement of third-party copyright when carrying out services under the contract. The client remains solely liable for the use of the services of Bochert Translations. On placing the order the client releases Bochert Translations from all third-party claims for infringement.

8. Guarantee and Liability

1. Any defects in the translation must be notified to Bochert Translations within four weeks of dispatch (date on delivery note or invoice). Liability for damages arising as a result of the client’s passing on the service unchecked is excluded. In the case of substantiated complaints Bochert Translations is entitled to make corrections. Only in the event of failure to rectify may the client withdraw. Any further claims regardless of the legal basis are excluded absolutely.
2. In the event of typesetting of the translation, Bochert Translations assumes no liability for consequential damages.
3. Bochert Translations is released from all liability to the extent that a client requests the use of his own specialist terminology. Bochert Translations’ liability in all cases of negligence is limited to the compensations sums recognised by professional and manufacturers’ indemnity insurers.

9. Jurisdiction and Applicable Law

The place of performance and legal jurisdiction for all claims and legal disputes arising out of the contractual relationship is Berlin. German law applies.

10. Enticement Prohibition

The contractual parties agree that they will not employ or otherwise engage employees/collaborators of the other party before expiry of 12 months after cessation of their collaboration.

11. Data Protection

The client declares his agreement to the storage of his data for administration purposes within the meaning of data protection.

12. Miscellaneous

The unworkability of individual provisions of these General Terms & Conditions of Business does not affect the validity of all others. The contracting parties agree to replace an unworkable provision by one equivalent in intention and effect.

General Terms & Conditions of Business for Freelancers carrying out assignments for Bochert Translations

1. These terms & conditions apply to all assignments placed with freelancers regardless of whether or not express reference is made to them on placement of individual assignments. On acceptance of an assignment a contract for work is concluded between the freelancer(s) and Bochert Translations. Acceptance of an order does not under any circumstances constitute a contract for services, an employment relationship within the meaning of employment law or an agency contract.
2. Bochert Translations’ order form is a component of the contract for work and states the scope of the performance. The freelancer undertakes to carry out the work exactly in accordance with the instructions of Bochert Translations and/or their client.. The freelancer undertakes to use information materials supplied in carrying out the translation and formatting.
3. Translation memory data, terminology and other assignment-related data acquired in the course of carrying out the assignment must be handed over to Bochert Translations along with the services to be provided. Copyright does not result from the performance of the contract of work. Where third-party copyright results, all rights to use of same shall be transferred to Bochert Translations and are compensated for absolutely on settlement of the freelancer’s invoice.
4. The deadlines agreed in the contract for work are an essential component of the contract with Bochert Translations and must be strictly observed. In the event that the freelancer exceeds the deadline through his own fault Bochert Translations is no longer bound to accept the service. Furthermore, Bochert Translations may demand compensation for damages proven to result from the exceeded deadline. Bochert Translations must be informed immediately if the agreed deadline or agreed standard cannot be met, even when no blame or negligence attaches to the freelancer. The freelancer undertakes to collaborate and cooperate in all necessary measures by Bochert Translations’ to ensure quality and prompt delivery.
5. Payment for the work is effected in accordance with the rate agreed with the respective freelancer for the particular job and can be agreed separately in writing on request. Payment will be made by Bochert Translations 30 days from receipt of invoice from the freelancer.
6. By concluding the contract for work the freelancer undertakes to declare the gross fees received from Bochert Translations for tax purposes. Freelancers registered for value-added tax purposes are paid statutory value-added tax in addition to their fee.
7. On acceptance of the assignment the freelancer undertakes to treat all information acquired in the course of carrying out his/her contractual obligations as confidential. Where a specific confidentiality agreement exists between Bochert Translations and their client the freelancer undertakes to sign this as likewise legally binding on him/her. In the event of a breach of confidence the freelancer is liable to Bochert Translations to the full extent.
8. The contractual services shall be delivered to Bochert Translations in full and free of defects. The freelancer undertakes to rectify any defects at his/her own expense within the normal time limit set by Bochert Translations. Where rectification is not possible within this time limit due to time pressure and/or practical reasons, Bochert Translations is entitled to bring the work up to the required standard at the freelancer’s expense.
9. Where the standard of service performed on the basis of the contract of work is not satisfactory for delivery to the client and rectification is not possible within the time limit, Bochert Translations may rescind the contract within 6 months from the performance of the service, or, where the freelancer is responsible for the defect, claim damages for non performance. Further claims for damages are not thereby excluded.
10. The freelancer guarantees Bochert Translations strict client protection, in particular confidential treatment of information acquired about the clients of Bochert Translations in the course of his/her activity. In addition to a contractual penalty in the event of proven breaches of the duty to protect its clients, Bochert Translations can claim damages.
11. The legal jurisdiction for disputes arising out of these General Terms & Conditions of Business and the contracts agreed between Bochert Translations and freelancers are the competent courts in Berlin unless statutory provisions provide otherwise or written agreement to the contrary has been made.
12. Should one or more of the individual provisions of these General Terms & Conditions of Business prove to be unworkable the validity of the remaining provisions shall not thereby be affected. The contractual parties agree to replace the unworkable provision with one equal in commercial effect.

Databases

1. On being included in the database of Bochert Translations the freelancer is given a unique code, which he/she may alter with which to access his/her data. The freelancer is responsible for updating his/her own data. The internal search functions of the database rely on continuously updated and accurate information to find and contact the freelancer who matches the requirements of the enquiry. Freelancers have no right to be assigned work by Bochert Translations.
2. The database is only fully accessible by the Bochert Translations’ database administrator. Bochert Translations likewise pledges strict data protection of the information contained on this database.