General Terms and Conditions

1. Scope of application

The adjacent General Terms and Conditions specify the relations between Mrs. Heidi Sand, hereinafter referred to as Sand Translations or translator, and the client. Sand Translations exclusively acts according to the current General Terms and Conditions. The General Terms and Conditions are accessible at all times under www.sand-translations.com/agb and can be printed or saved. Conflicting and contradictory General Terms and Conditions are precluded. These do not become a subject matter of the contract by accepting Sand Translations offers, even if Sand Translations does not formally object to them. At the time of assignment the version accessible on Sand Translations homepage is effective.

2. Services

The translator’s objective is the linguistically and specifically correct repetition of a given text in another language. Adaptation of a special terminology introduced by the client can only be effected by agreement, and if sufficient and complete documents, e.g. preliminary translations or glossaries, are provided upon assignment. Additional services such as DTP, express translation etc. are agreed to and invoiced separately upon assignment.

3. Conclusion of contract

The contract becomes effective when the client approves the concrete offer and the General Terms and Conditions sent by Sand Translations. Oral offers are non-binding and require written confirmation.

4. The client’s duty of cooperation and disclosure

The client has to inform Sand Translations duly of special forms of completion of the translation. If the translation is intended for printing, the client has to provide a galley proof to the translator. Information and documents necessary for the preparation of the translation have to be provided for the translator without specific request by the client (client’s glossaries, drawings, pictures, tables etc.). The translator is obliged to translate abbreviations only if the client provides the complete meaning of the abbreviations, unless the abbreviations are generally known. If words with various meanings can only be translated correctly on the basis of the context or a drawing, the translator cannot be accused of an erroneous translation, if the relevant context or drawing was not provided. Errors resulting from non-compliance with these conditions are not the responsibility of the translator.

5. Third persons

Sand Translations can use the services of third persons for completion of all projects, if this is considered appropriate and necessary. Here, Sand Translations is only responsible for a careful selection. The duty of care in selection is considered satisfactory, if the assigned third person is an officially recognised and trained or sworn translator for the respective language combination, or if the assigned person has already successfully cooperated with Sand Translations or with companies known to Sand Translations. In principle, the business relationship exists only between the client and Sand Translations. Contact between the client and a third person assigned by Sand Translations requires our approval.

6. Prices

All prices and offers are subject to change. All prices are in EURO, unless agreed otherwise. For comprehensive projects, a prepayment or payment by instalments can be demanded according to the completed amount of text. All prices specified in offers are net prices without Value Added Tax. Prices and conditions quoted and agreed to do not allow the assumption that these will remain unchanged in future. The client will be informed of deviations from prices, surcharges for express translations or additional demands published beforehand, at latest upon confirmation of contract.

7. Terms of delivery

Delivery times are estimated to the best of our knowledge. The delivery is considered complete when the translation has been sent with a verifiable delivery report to the client. If desired, the translation can also be delivered on a data carrier or sent as hard copy. All time specifications refer to Central European Time (CET).

8. Acceptance and warranty

claims Sand Translations commits itself to translate the provided texts professionally and appropriately, without reduction or other changes in the content. The documents are translated, depending on the text, analogously and according to generally accepted quality norms of the translation industry in the respective language area. Sand Translations can reject a translation, if the texts have illegal contents. The client is obliged to accept the translation as completed as soon as it was sent to him. This also applies, if an error is not relevant to the client’s interests, or is based upon conditions, which can be attributed to the purchaser. If irrelevant errors occur, the contractor cannot reject the translation. If the client does not assert a claim within a week after delivery of the translation, the service is considered accepted and free from errors. Sand Translations will not be liable for evident errors not brought to its attention prior to acceptance of the translation. Errors constitute considerable deviations from the original text or erroneous presentation of facts. The client is liable for an erroneous source text. The liability is excluded for errors in prepared artworks, if Sand Translations cannot provide the galley proofs. Stylistic corrections, e.g. synonyms, do not constitute translation errors. For correct repetition of names and addresses of originals, Sand Translations only assumes liability, if the original document was provided with Latin typescript, or if a correct conversion was specifically instructed by the client. If the client is not able to read the translation accurately due to technical conditions, this does not constitute an error. The translations are delivered in the ITF-8 format, or in a format from which the texts can be saved in UTF-8 coding. If the client criticises a relevant error in the translation, the contractor (Sand Translations) initially has the right of correction. In this regard, the client has to allow Sand Translations sufficient time to carry out the correction. The errors have to be specified by the client as exactly as possible. If Sand Translations does not correct the errors in due time, the client can withdraw from the contract or request a reduction in price at his own option. Right of withdrawal or reduction does not exist for marginal or irrelevant errors.

9. Liability

Sand Translations as well as her representatives or assistants assume liability for gross negligence or intent. Liability for slight negligence is excluded, unless it is a matter of culpable infringement of essential contractual obligations; in the latter the liability is limited to predictable claims typical for this type of contract. Sand Translations does not assume liability, caused by disruptions in our firm, especially due to an Act of God, e.g. natural phenomena, traffic blocks, network and server deficiencies, other service and transmission disturbances as well as disturbances, for which we do not take responsibility. In these exceptional cases, we have the right to withdraw completely or partly from the contract. The same applies, when we completely or partly discontinue our business for a certain period of time. Sand Translations does not assume liability for claims resulting from virus infections. To avoid a virus attack, up-to-date anti-virus software and other technical applications are used, which we also recommend for our clients. The client is responsible for the definitive review of files and texts upon delivery of translations in file format. Hereto, claims for damage cannot be approved. Sand Translations´ liability is limited to the amount of her liability insurance for financial loss.

10. Discretion

Sand Translations is obligated to maintain discretion about all facts provided by the client. The cooperation with colleagues, who also underlie professional discretion, does not represent infringement of the obligation of discretion. The client agrees to storage of his files for management purposes in terms of data security.

11. Retention of title

The translation remains property of Sand Translations until payment is complete.

12. Copyright

Sand Translations holds the copyright to the translation. The client guarantees that the copyright and other property rights are not infringed by the translation or other services and their later use through the client, and releases Sand Translations and, if applicable, liable persons related to Sand Translations, from all claims, costs and charges in the case of infringement. This also implies necessary costs for assertion of legal rights. The contents of the Sand Translations website are subject to copyright, as well. Reproduction, or processing, copying, distribution by means of electrical systems, or processing of the content of this website in any other form without the sellers formal approval is prohibited unless specifically permitted by copyright. Use without permission can violate current laws, including the copyright and trademark rights.

13. Place of jurisdiction and applicable law

Place of performance is Sand Translations office. Place of jurisdiction for all claims and legal disputes arising out of the contractual relationship are subject to German Law.

14. Severability clause

In the event that any of these provisions is or are invalid, the validity of the remaining provisions shall be unaffected. The contracting parties agree to replace any provision which is invalid by one which is equivalent in its business effect.