As of: July, 2024
Translation Office
Marktgasse 28, 8400 Winterthur – Switzerland
- Scope
(1) These terms and conditions apply to contracts between translators and their clients (customers), unless otherwise expressly agreed or legally required.
(2) The client’s general terms and conditions are only binding for the translator if he has expressly accepted them.
- The client’s obligation to cooperate and provide information
(1) The client must inform the translator about special embodiments of the translation (translation on data media, number of copies, external form of the translation, etc.) at the latest when the order is placed. The intended use of the translation must be stated. If the translation is intended for printing, the client must provide the translator with a copy for correction.
(2) The client must provide the translator with information and documents that are necessary to create the translation, without being requested to do so, when the order is placed (principal glossaries, illustrations, drawings, tables, abbreviations, etc.).
(3) Errors resulting from non-compliance with these obligations are at the expense of the client.
III. Execution and elimination of defects
(1) The translation is carried out in accordance with the principles of proper professional practice. Unless documents or special instructions have been attached by the client, technical terms will be translated into the generally used, lexically defensible or generally understandable version.
(2) Defects in the translation that are due to poorly readable, incorrect or incomplete text templates or to incorrect or incorrect customer-specific terminology are not the responsibility of the translator.
(3) If the client complains about an objective, not insignificant defect in the translation, the client is entitled to have the defects contained in the translation eliminated by the translator. The client must assert the claim to rectification of defects to the translator in writing and immediately, specifying the defect in detail. The client must give the translator a reasonable period of time for rework.
(4) The claim for subsequent improvement is excluded if the notification of defects is not received within two weeks of submission of the translation work.
(5) If the repair or replacement delivery fails, the statutory warranty rights are reinstated unless another agreement has been made.
(6) Delivery times and dates are agreed upon when the order is placed and are binding. However, the translator is not in default as long as the service fails due to a circumstance for which he is not responsible. If non-compliance with a delivery date is due to force majeure, the translator is entitled to withdraw from the contract or to demand a reasonable grace period from the client. Further rights, particularly claims for damages, are excluded in these cases. If the subject matter of the order changes, delivery times and fees must be renegotiated.
- Liability
(1) The translator is liable to an appropriate extent in the event of gross negligence or intent. Liability for slight negligence only arises in the event of a breach of essential contractual obligations.
(2) Liability of the translator for damage or loss of the materials handed over by the client is excluded. The client must ensure adequate backup of his data.
- Professional secrecy
The translator undertakes to treat the information and documents provided by the client in connection with the order confidentially.
- Compensation and basis for calculation
(1) The scope of the translation is determined based on the standard number of lines in the finished translation. A standard line is 50 characters including spaces. Lines with less than 30 characters and lines with excess length are converted to standard lines.
(2) The remuneration is due within 14 days of submitting the translation.
(3) In addition to the agreed fee, the translator is entitled to reimbursement of the expenses actually incurred. Correction work will be charged based on effort. For extensive translations, the translator can request an advance payment that is objectively necessary to carry out the translation. He can make the handover of his work dependent on the prior payment of his full fee.
(4) If the amount of the fee has not been agreed, an appropriate and usual remuneration is owed depending on the type and difficulty. At least the rates listed in the law on compensation for witnesses and experts are considered appropriate and usual.
VII. Retention of title and copyright
(1) The client only has the right to use the translation after full payment has been made.
(2) The translator has the copyright to the translation.
VIII. Termination of contract
(1) The client can only terminate the contract for good cause until the translation work has been completed. Termination is only effective if it has been declared to the translator in writing. In this case, the translator is entitled to compensation for lost profits in the amount of the order value.
- Applicable Law
(1) Swiss law applies to the order and all resulting claims. The place of jurisdiction is the registered office of the translator or translation agency.
(2) The effectiveness of these contract conditions is not affected by the nullity and ineffectiveness of individual provisions.