German <-> English translations by qualified native speakers
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B P Translations is an English - German language service based in Poole. The company works according to the following terms and conditions of service:
Conditions of Service
In submitting a text for translation, the client enters into a binding agreement with this Company covered by the following terms and conditions:
"The Company" means B P Translations. "Work" means any translation or any other work undertaken by or any other services supplied by the Company. "Client" means any person to whom the Company shall supply work.
Verbal quotations are given for guidance only. They are not binding upon the Company and are subject to written confirmation on receipt of the text for translation. Written quotations remain valid for 30 days after dispatch unless otherwise stated. The cost of translation is based upon the number of words of text in the source language.
The company reserves the right to make an additional charge to the quoted amount, if after commencement of translation, changes to the source text are advised by the Client. Such additional charges are made on a time basis.
Payments for all work shall be made within 14 days of invoice date unless specifically agreed in writing by the Company, although in some circumstances payment or part payment may be requested prior to the commencement of the work. Without prejudice to the Company's other rights, the company reserves the right to levy a service charge of 2% per month on all balances outstanding beyond the due date.
4. Completion of Work
Whilst the Company has a very good reputation for prompt delivery, dates or periods for completion of Work are only best estimates and the Company is not liable for the consequences of any delay for any reason whatsoever. In particular, the Client should be aware that the Supplier cannot be held responsible for delays or information degradation associated with any breakdown whatsoever caused by failures on the Client's servers or telecoms' systems, or the Company's servers or telecom' systems which are outside the control of the Company and which are known to occur from time to time.
The Client must specify a completion date (if material) when commissioning the Work, but whilst the Company shall make every reasonable effort to meet the Client's requirements, late delivery shall not entitle the Client to withhold payment for Work done.
Work will normally be despatched to the Client by electronic mail as a Microsoft Word attachment or in an rtf format. In the event that the Client requires Work to be supplied in hard copy by post, the Company cannot be held responsible for delays in supply or for any failure in the fulfilment of supply caused by the postal system.
Should completion of Work be necessary sooner than the normal time required for its proper production, B P Translations reserves the right to charge supplementary urgency rates to cover any overtime requirements. Should any other additional costs be incurred, B P Translations is entitled to charge for these as well.
B P Translations accepts no liability for the consequences of any delay in completion of Work caused by the Client and in this event any agreed deadlines or delivery schedules will automatically cease to be valid and new dates must be negotiated.
B P Translations reserves the right to subcontract all or part of the Work to a contractor or contractors of its own choice.
5. Cancellation and suspension
If the Client for any reason cancels Work which he or she has commissioned, charges will be payable for all completed Work up to the cancellation date and for all other costs and expenses which may occur as a result of such cancellation.
If the Client suspends or postpones Work he or she has commissioned, charges will be payable for all commissioned Work up to the date of suspension or postponement and for all other costs and expenses which may occur as a result of such suspension.
In case of Force Majeure (Strike, Lockout, Industrial Dispute, Civil Commotion, Natural Disaster, Acts of War and any other situation which can be shown to have materially affected the Company's ability to deal with the commission as agreed), the Company shall notify the Client without delay, indicating the circumstances. Force Majeure shall entitle both the Company and the Client to withdraw from the commission, but in any event, the Client undertakes to pay the Company for Work already completed. The company shall assist the Client, to the best of its ability, to place his commission elsewhere.
Delivery is deemed to have taken place on posting, faxing or electronic delivery to a carrier, as the case may be, and the risk shall pass to the Client.
However, the Company will retain a copy of the translation and, should there be any loss or damage, will forward a further copy free of charge.
(a) The Company shall be relieved of all liability for obligations incurred to the Client wherever and to the extent of which the fulfillment of such obligation is beyond its control.
(b) A complaint by the Client in respect of any Work shall be notified to the Company in writing within five (5) days of the receipt of the Work by the Client.
(c) The Company shall not be liable to the Client or any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including loss of profit) resulting from the use of translated material which exceeds the contract price for the Work supplied, and the Client shall indemnify the Company against all claims and demands upon the Company for any such consequential loss or damage.
(d) As a result of any error or omission in the work undertaken by the Company, the Company will, at its option, either re-type the work or compensate the Client for any additional typing or printing up to the amount of our fee, in respect of that word, provided that such fee has been paid in accordance with the Company's terms of business and provided the work has been used by the Client for the purpose indicated on the order.
(e) Whilst the Company undertakes to use its best endeavours to produce an accurate and idiomatic translation of the Client's original text, the Client must accept that a translation reads differently from good original writing and no liability is accepted by the Company for any alleged lack of advertising or sales impact.
8. Nature of Translation
(a) A translation is the straight and more or less literal transfer of material written in one language into another (target) language by a translator rigorously applying known precepts of grammar and a knowledge of the vocabulary required for the purposes of any given translation derived from his or her own experience or from dictionaries, specialist or otherwise. Translation is, however, to be compared with Adaptation and Copywriting in both of which to a lesser or greater extent the concepts contained in the original material are retained but the manner in which these are expressed may be discarded completely in the target language with the aim of maximising persuasiveness. The Company undertakes to use its best endeavours to produce an accurate and idiomatic translation of material to be translated within the terms of the clause and subject to clause below.
(b) A translation reflects the quality of the original written material. In the material to be translated where concepts are poorly expressed, where the wrong choice of language has been made, where typographical mistakes are present, where the text is incomplete or factually incorrect, in all or any of these instances the same inadequacies may show up in the translation. The Company is not entitled to take any decisions on behalf of the Client to make such modifications as might improve the text in translation or elucidate passages of the original text but may notify the Client of such inaccuracies. The Company will not therefore accept any criticism of any translation where these considerations may be at issue.
(c) In the event that a more specific knowledge of sector-specific terminology is required for the proper translation of a particular piece of written material, for example but not by way of limitation, such knowledge as would only be available to a particular Client company or organisation, it cannot be assumed that the Company possesses such knowledge. In such a case it is incumbent on the Client to provide such instruction to the Company as may be necessary for the proper translation of the material in the form of individual glossaries or any other aid to translation.
(d) Where a Client has specified a particular use for translation Work and subsequently desires to use the translation for a purpose other than that for which it was originally supplied, the Client should obtain confirmation from the Company that the translation is suitable for the new purpose. The Company accepts no liability where a translation is used for a purpose other than that for which it was originally supplied and reserves the right to make further charges for any amendments which the translation may require.
(e) Where the Contract for Work provides for proofs or text to be submitted to the Client for approval, the Company shall not be liable for any errors not corrected by the Client or any amendments or modifications made by the Client in the proofs or texts so submitted.
9. Clients Property
All documents or any other property supplied to the Company will be held or dealt with by the Company at the Client's risk and the Company will not be responsible for the consequential loss or damage thereto.
The Company reserves the right to destroy or otherwise dispose of any document or other property of the Client which has been in its custody for more than twelve (12) months following completion of the Work to which it relates.
10. Illegal Matters
The Company shall not be required to translate any matter which in its opinion is or may be of an illegal or libelous nature. Where copyright exists in texts to be translated by the Company, the Client warrants that it has obtained all consents necessary for such translation to be made.
The Company shall be indemnified by the Client in respect of any claims, proceedings, costs and expenses arising out of any libelous matter printed for the Client, or any infringement of copyright, patent or design or third party right.
The Copyright of the translation is the property of the Company and will be passed on to the Client only after full payment has been made for the translation.
These conditions shall be interpreted in accordance with English law and the Supplier and the Client irrevocably submit to the exclusive jurisdiction of the English Courts.