General Terms and Conditions for Translation Services (T&C)
(1) The present Terms and Conditions shall apply to any agreements concluded by and between MEDICRO GmbH (hereinafter called “MEDICRO”) and business Clients, unless expressly stipulated otherwise or required by law.
(2) Client’s general terms and conditions shall be binding upon MEDICRO only if they have been expressly acknowledged by MEDICRO.
2. Scope of translation assignments
Any translation assignment shall be completed with due care based on the proper practice of the profession. Client shall receive the contractually stipulated translation copy.
3. Client’s duty of cooperation, information, and liability
(1) Client shall notify MEDICRO in due time about any special embodiments of the translation (translation on data carriers, number of copies, certification, readiness for printing, translation layout, etc.). If the translation is intended for printing, Client shall provide MEDICRO with a galley proof.
a) MEDICRO reserves the right to charge for additional processing time due to formatting that differs from the formatting or format or file type of the source text.
(2) Client shall provide MEDICRO without further request and in due time with any information and documents required for the translation (Client’s glossaries, illustrations, drawings, tables, abbreviations, etc.).
(3) Client shall confirm to MEDICRO that Client is the holder of all rights to the emblems, labels, etc. used in the documents submitted for translation. In this regard, Client shall indemnify and hold MEDICRO harmless for and against any potential claims lodged by any third parties.
(4) Any possible use of specific terminology on the part of Client shall be expressly stipulated upon placement of an order.
(5) MEDICRO reserves the right to inquire with Client in case of ambiguities in the source text. However, MEDICRO may, in such case, at MEDICRO’s discretion prepare a translation to the best of its knowledge based on the apparent meaning.
(6) MEDICRO shall not be liable under any circumstances whatsoever for errors resulting from a failure to comply with any of the above obligations.
4. Remedial action
(1) MEDICRO reserves the right to rectify any errors. Client shall be entitled to the removal of any deficiency in the translation.
Deficiencies are defined as:
– terminology deficiencies
– grammar deficiencies
– linguistic deficiencies
– deficiencies regarding content
– omissions/insertions deviating from the source text
Such claim to the removal of deficiencies shall be asserted by Client within 4 weeks from delivery, specifying the deficiency; otherwise the translation shall be deemed free of deficiencies.
(2) In case of failure of such remedy or replacement delivery, the statutory warranty rights shall be reinstated unless stipulated otherwise.
5. Late changes
If applicable, MEDICRO reserves the right to charge for time expensed in cases of subsequent changes by Client to translations already free of deficiencies (e.g. changes regarding style, terminology not specifically agreed upon at time of commission, formatting). The above shall not apply to any deficiencies as defined in 4 (1), (2).
6. Cancellation of translation assignments
If Client cancels an assignment without being entitled to do so by law or agreement, any work that has already been completed shall be made available and charged to Client. The right to assert any further damage shall not be affected.
MEDICRO shall be liable only for gross negligence and intention. Liability in case of simple negligence shall be limited to violations of material contractual obligations and to damage to the life, body, and health.
MEDICRO agrees to maintain the confidentiality of any and all facts disclosed in connection with its activities on behalf of Client. Furthermore, MEDICRO shall obligate any assistants accordingly.
(1) Compensation shall be due and payable immediately after acceptance of the completed translation. The period of acceptance shall be within reason.
(2) In addition to the stipulated fee, MEDICRO shall be entitled to reimbursement of any actually incurred expenses as agreed with Client. In all other cases it shall be charged in addition to the invoice amount to the extent required by law. In case of extensive translation projects, MEDICRO may demand an advance payment as objectively required for completion of the transaction. In justified cases, delivery of the completed translation may be made dependent on prior payment of the full fee.
(3) If the amount of such fee has not been stipulated, reasonable and usual compensation in line with type and complexity shall be owed. In such case, at least the rates set forth in the German Judicial Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetz, JVEG) shall be deemed reasonable and usual.
10. Retention of title and intellectual property
(1) Until payment in full, the translation shall remain the property of MEDICRO. Until such time, Client shall have no right of use.
(2) MEDICRO retains any copyrights.
11. Governing law
(1) The assignment as well as any resulting claims shall be governed by German law.
(2) The effectiveness of the present Terms and Conditions shall not be affected by the invalidity or nullity of individual provisions.