General Terms and conditions
Unless otherwise agreed in writing, these General Terms and Conditions shall apply to all contracts for the provision of text services (translation, copy editing) (hereafter referred to as “Services” rendered by Dr. Arnim Mennecke Übersetzung & Lektorat (herafter referred to as “Dr Arnim Mennecke”. Deviating provisions in the customer’s general terms and conditions shall only be binding if expressly acknowledged by Dr Arnim Mennecke.
All information and documents provided by the customer (source text, reference material and glossaries) and all documents created will be treated confidentially. If necessary to ensure the technically accurate and timely performance of the contract, Dr Arnim Mennecke may also pass on such information and documents to freelancers. Such freelancers will be bound by Dr Arnim Mennecke to maintain strict confidentiality.
Customer’s Duty to Co-operate
When requesting a quotation, the customer shall provide Dr Arnim Mennecke with all necessary information relevant to the desired execution and style as well as the purpose of the Services. The customer will provide Dr Arnim Mennecke with all information and documents necessary for the performance of the Services (specific terminology, glossaries, illustrations, sketches, charts, abbreviations, etc.) no later than the commencement of the agreed processing period. The customer shall answer without delay any questions Dr Arnim Mennecke may submit regarding source texts, terminology preferences or other aspects of the assignment. If the documents created are intended for printing, the customer shall submit proofs to Dr Arnim Mennecke in good time.
Performance and Rectification of Deficiencies
In the event that the Services contain deficiencies, the customer is entitled to have such deficiencies rectified by Dr Arnim Mennecke. The customer shall assert the right to have such deficiencies rectified within four weeks of delivery of the Services, providing specific details of such deficiencies in writing. Adequate time to rectify deficiencies shall be granted to Dr Arnim Mennecke. The customer’s right to correction shall expire if Dr Arnim Mennecke has not received notice of deficiencies within four weeks. Should the documents created be demonstrably unsuitable for their intended purpose even after rectification, the customer is entitled to receive a reduction in price or to cancel the contract. All other claims are inadmissible. The customer shall be liable for any deficiencies arising from illegible, incorrect or incomplete source texts or from inadequate co-operation on the part of the customer or from flawed or incorrect instructions given by the customer.
Processing times for assignments and delivery dates shall be agreed when the order is placed and shall be binding. Dr Arnim Mennecke shall not be deemed to be in breach of such time limits if delivery is delayed due to a circumstance beyond his control, including inadequate co-operation on the part of the customer. In the event of a delay, the customer shall allow Dr Arnim Mennecke adequate time to deliver at a later date. Only when the new time limit has been exceeded may acceptance of the Services be refused. All other claims, specifically compensation claims, are inadmissible. In the event of subsequent modification of assignment documents or specifications, delivery times and dates are to be renegotiated.
The fee may be agreed as a fixed price or on the basis of time spent or on the basis of text volume (i.e., word count). If the amount of the fee has not been agreed, then the usual remuneration commensurate with the nature and difficulty of the assignment shall be due. Work becoming necessary due to subsequent modification of the assignment specifications/documents or due to inadequate co-operation on the part of the customer (see above) does not fall under the agreed fixed or unit prices and will be charged for separately. Advance payments, part-deliveries and part-payments may be agreed upon for large-volume assignments. In the event of the customer cancelling the order, work already performed will be charged for as agreed. Dr Arnim Mennecke may additionally charge a lump-sum cancellation fee equal to 20% of the outstanding work unless the customer can prove that Dr Arnim Mennecke has not suffered damage to that value. Dr Arnim Mennecke’s right to claim other damages shall remain unaffected. Fees are due and payable within 28 days of the invoice date. Payment shall be deemed to have been made when the due amount has been credited to the account given or a cheque to the appropriate amount has been delivered to the address given. In the case of payment by cheque, the customer shall bear the full risk of loss of postal delivery including default interest. Should payment not be made within 28 days of the invoice date, Dr Arnim Mennecke is entitled to invoice the customer for additional default interest of 1% per week or 4% per month on the amount outstanding. The right to use all appropriate legal means to send letters of demand and to have the outstanding amounts recovered from the customer at the customer’s expense remains hereby unaffected. The customer is not entitled to use the Services until full payment of the invoice is made.
Dr Arnim Mennecke’s liability is limited to gross negligence and wilful intent. Liability for minor negligence shall only apply in the event of a breach of essential contractual obligations, except where damage of a personal nature involving life, bodily injury or health impairment is concerned. A right of recourse for third-party claims to damages is inadmissible. Dr Arnim Mennecke shall not be liable
- for consequences of force majeure or inevitable natural phenomena
- for deficiencies caused by information or documents that were incorrect, incomplete or not provided in time or by deficient or illegible source texts
In the event of claims relating to breach of copyright or other third-party claims in connection with the Services, Dr Arnim Mennecke will be fully indemnified by the customer.
German Law shall apply to the contract and to all claims arising from it. The place of jurisdiction is Kiel. Should individual provisions of these terms and conditions prove null and void, this shall not affect the validity of the remaining provisions.