General terms and conditions

  1. 1. The following general terms and conditions apply to the contractual relationship between Wohanka, Obermaier & Kollegen GmbH, Lorenzer Straße 12, 84144 Geisenhausen and its customers.

  2. 2. Wohanka, Obermaier & Kollegen GmbH operates a translation service for the production of translations and for the provision of interpreting services.

  3. 3. The interpreter can only be assigned to those tasks for which they are booked. They cannot be called on for additional tasks on site such as written translations, keeping minutes or organisational activities.

  4. 4. Texts with indictable content, which offends common decency, can be rejected by Wohanka, Obermaier & Kollegen GmbH - even after the conclusion of the contract. Otherwise a text should only be rejected in special circumstances - even after the conclusion of the contract - for example if a translation of reasonable quality is not possible in the time period specified by the customer due to the difficulty and/or the extent of the submitted text. The interpreter has the right to decline a job on site for serious reasons, for example moral or ethical reasons.

  5. 5. Source languages and target languages are currently German, English, French, Spanish and Italian as well as forty other languages. Further languages are available on request.

  6. 6. As a general rule, texts are submitted by the customer electronically to Wohanka, Obermaier & Kollegen GmbH. Likewise, the customer will usually receive the translation in an electronic format.

    In the case of interpreting, sufficient information must be available so that the interpreter has the opportunity to work to a suitable quality standard. The customer is obliged to provide the interpreter with written details in good time before the start of their assignment.

  7. 7. Together with the order, the customer should state the field or fields of expertise which, in their opinion, are included in the text or interpreting assignment. It is in their own interest to complete the specification with the greatest possible accuracy. If the customer has specific terminology requests, they should communicate these and provide the appropriate reference material (example texts, terminology lists and suchlike). These should be put to use for the purpose of the best possible translation or interpreting result.

    The customer can book time-critical translations as an urgent order. If necessary they should clearly note this in the order or specification.

  8. 8. The customer can choose whether they release their text for translation from the outset - subject to the acceptance of the order by Wohanka, Obermaier & Kollegen GmbH - or whether an offer for costs and a timeframe for the translation are provided by Wohanka, Obermaier & Kollegen GmbH first. This offer is free of charge and is non-binding for both parties.

    The contract is effectively agreed when, two working days following receipt, Wohanka, Obermaier & Kollegen GmbH does not state that it cannot complete the order in the requested format.

  9. 9. If after the acceptance of the order by Wohanka, Obermaier & Kollegen GmbH it transpires that the order cannot be completed by the agreed deadline for good reason, (e.g. Illness of translator or interpreter or technical failings in the network), Wohanka, Obermaier & Kollegen GmbH will inform the customer immediately.

  10. 10. If an order for interpreting services is cancelled by the customer within 48 hours of the proposed assignment, a cancellation fee of 50% of the agreed fee plus any other potentially incurred travel or other costs will be payable. In the case of a cancellation within 24 hours of the proposed assignment the entire amount of the agreed fee including any other potentially incurred travel or other costs is payable. In all cases the customer is entitled to prove that Wohanka, Obermaier & Kollegen GmbH has only sustained an insignificant loss.

  11. 11. Depending on the language combination, the minimum order value for job orders shall be between EUR15.00 and EUR90.00 (plus VAT*).

    *only for job orders made by a consumer resident in the territory of the European Union, by a domestic entrepreneur or by a domestic company.

    Translations usually have a different scope and size than the original text. Since the calculation of the final price is based on the extent of the target text, the final price can only be given when the translation is complete. Prices may vary depending on the level of difficulty and specialist field of the source text and the expenditure for DTP works. In these cases, the offer price shall be notified to the Customer as soon as possible upon receipt of the text and the specifications according to item 7. Interpreting shall be charged per hour; one hour shall be booked as a minimum. Travel and accommodation costs as well as other expenses shall be borne by the Customer. Wohanka, Obermaier & Kollegen GmbH shall be obliged to organize cost-effective journeys and accommodation options (second class rail journeys, economy class flights, three-star hotels). On the Customer's request, any higher costs shall be arranged with them in more detail in advance.

  12. 12. Wohanka, Obermaier & Kollegen GmbH shall be obliged to have the translation or interpreting performed free of faults. Insignificant faults shall be disregarded. Wohanka, Obermaier & Kollegen GmbH shall furthermore be obliged to make sure that translations are performed without any reductions or additions. Wohanka, Obermaier & Kollegen GmbH shall reserve the right to insert comments, footnotes, etc. for better understanding of the text in the target language where necessary. The translators and interpreters shall work in accordance with common practices and carry out their work to the best of their knowledge and belief.

  13. 13. For interpreting services, Customer shall be obliged to provide the interpreter with good working conditions, e.g. to ensure perfect audibility in the interpreting booth and provide sufficient workspace. They shall be given sufficient time to have their meals without rushing. All written texts to be read by the speakers shall be provided in due time.

    For simultaneous interpreting, two interpreters shall be booked. Any necessary technical preparations shall be made by Customer.

  14. 14. Finished translations shall be checked by Wohanka, Obermaier & Kollegen GmbH for completeness and data format as well as other faults visible at first sight and are then forwarded to the Customer. If there are no objections raised by Customer within 14 days - the deadline starting upon expiry of the day on which the translation was sent to the Customer in verifiable manner (e.g. dispatch record) - the translation shall be deemed as approved. In this case, the Customer shall waive all claims they could be entitled to due to any possible defects contained in the translation.

    If the Customer makes a complaint about an objectively-identified and not insignificant fault within the 14 days period, this fault shall be described in text form (e.g. letter, fax, e-mail) as detailed as possible. At the same time, the Customer shall indicate the period of time within which the fault is to be corrected. Wohanka, Obermaier & Kollegen GmbH shall then effect the correction of the fault within the named period of time if it is reasonable, otherwise within a reasonable period of time.

    If the first correction of the fault fails, Wohanka, Obermaier & Kollegen GmbH shall be entitled to correct the translation again on the basis of the fault described by the Customer again in text form as detailed as possible. If the second correction of the fault fails as well, the Customer shall be entitled to reduce the agreed fee or to rescind the contract as they deem fit. For the latter option, all rights to the translation shall remain with Wohanka, Obermaier & Kollegen GmbH.

    The Customer shall only be entitled to any further rights due to deficient translations if Wohanka, Obermaier & Kollegen GmbH or one of its legal representatives or vicarious agents acted in an intentionally and/or grossly negligent manner. However, Wohanka, Obermaier & Kollegen GmbH shall be liable for violation of essential contractual obligations and damage to an individual's health if it bears any responsibility for such occurrences.

    Liability shall in any case be limited to the foreseeable, typically occurring damage and shall include neither consequential damages nor lost profit. The amount of liability shall be limited to double the agreed fee, however, to the maximum of EUR20,000 per event of damage.

  15. 15. For interpreting services, any faults may only be asserted on site to the interpreter and shall be corrected on site. Wohanka, Obermaier & Kollegen GmbH shall receive written information from the Customer as to the type of fault and the correction performed immediately upon completion of the interpreting service.

  16. 16. If the agreed completion date for a translation is exceeded by more than 48 hours, the Customer shall be entitled to reduce the agreed fee for every further full day (24 hours) of deadline exceedance by 5% of the agreed fee, unless the deadline exceedance was as a result of force majeure. The Customer shall only be entitled to any further claims if Wohanka, Obermaier & Kollegen GmbH or one of its legal representatives or vicarious agents acted in an intentionally or grossly negligent manner.

    Wohanka, Obermaier & Kollegen GmbH shall ensure that the interpreter arrives punctually. Any reasons resulting due to force majeure shall be excluded.

  17. 17. Wohanka, Obermaier & Kollegen GmbH shall charge Customer for the fee for the translation or interpreting service immediately upon its completion.

  18. 18. Without prejudice to the foregoing (data loss or data manipulation outside the sphere of influence of Wohanka, Obermaier & Kollegen GmbH), Wohanka, Obermaier & Kollegen GmbH shall keep the facts and circumstances that have become known to it in line with the performance of the contract confidential, unless Wohanka, Obermaier & Kollegen GmbH is obliged to disclose the information due to regulatory or court order, statutory provisions, etc. The translators used by Wohanka, Obermaier & Kollegen GmbH shall also be obligated by Wohanka, Obermaier & Kollegen GmbH to maintain confidentiality.

  19. 19. Wohanka, Obermaier & Kollegen GmbH shall ensure that the Customer can use the translation unlimited with regard time and space and without any quantity restrictions according to the notified purpose of use. The Customer shall also be entitled to edit the translation and to transfer the rights to the translation to third parties by way of licence or otherwise. Wohanka, Obermaier & Kollegen GmbH shall release the Customer from all claims of the translator. However, the proprietary rights of use to the translation shall only be transferred to the Customer following complete payment of the fee. In turn, the Customer shall guarantee that they are entitled to all rights to the text to be translated and that they have unlimited authorization to have the text translated. The Customer shall release Wohanka, Obermaier & Kollegen GmbH from all claims in this respect.

    For interpreting services, the spoken word shall apply, i.e. the product is intended to be heard immediately. If there is a radio transmission/television broadcast/internet transmission or subsequent play-back option planned, it shall be noted that the recording and reuse of the interpreting service is generally possible. In any case, however, this shall be agreed with Wohanka, Obermaier & Kollegen GmbH in writing in advance and it may also include a separate fee.

  20. 20. For any possible failures on the internet or at providers that are not within the sphere of influence of Wohanka, Obermaier & Kollegen GmbH, the following shall apply: As far as the present terms and conditions stipulate communications by e-mail and the Customer could expect a response from Wohanka, Obermaier & Kollegen GmbH based on the circumstances of the actual case at hand and this response is not given, they shall be obliged to notify Wohanka, Obermaier & Kollegen GmbH in another appropriate manner (e.g. by phone or fax). Unfortunately, due to communications in electronic form between the Customer, Wohanka, Obermaier & Kollegen GmbH and the translator, 100% confidentiality cannot be guaranteed. In particular, it is not impossible for e-mails to disappear unnoticed or to be intercepted, falsified or distorted by third parties. The Customer shall be free to demand transmission by fax, letter post or courier if they reimburse the costs.

    Without prejudice to the provisions mentioned previously in this paragraph (data loss or data manipulation outside the sphere of influence of Wohanka, Obermaier & Kollegen GmbH), Wohanka, Obermaier & Kollegen GmbH shall keep the facts and circumstances that have become known to it in line with the performance of the contract confidential, unless Wohanka, Obermaier & Kollegen GmbH is obliged to disclose the information due to regulatory or court order, statutory provisions, etc. The translators used by Wohanka, Obermaier & Kollegen GmbH shall also be obligated by Wohanka, Obermaier & Kollegen GmbH to maintain confidentiality.

  21. 21. If any provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions. In addition, German law excluding the United Nations Convention on Contracts for the International Sale of Goods shall apply exclusively to the contractual relationship between Wohanka, Obermaier & Kollegen GmbH and the Customer.

Where permissible, Landshut shall be exclusive place of jurisdiction.

Dated: 15 November 2010

Tel. + 49 (0) 8743 - 9717 - 0
info(@)wohanka.com