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Could a poorly translated company anti-trust policy incur 15k Euro of penalty?
Thread poster: Angga Rakhman
Michael Wetzel
Michael Wetzel  Identity Verified
Germany
Local time: 23:07
German to English
the most important term & condition Apr 28, 2016

You need to define what country's (and in the US, what state's) laws apply in the case of dispute. You also need to make certain that your client expressly agrees to your terms & conditions in a form that is considered valid in your country and the client's.

And you can write whatever you want in your contract, but that does not mean that those conditions are legally valid and applicable. The EU (through its directives, which lead to the actual national laws) in general and Germany
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You need to define what country's (and in the US, what state's) laws apply in the case of dispute. You also need to make certain that your client expressly agrees to your terms & conditions in a form that is considered valid in your country and the client's.

And you can write whatever you want in your contract, but that does not mean that those conditions are legally valid and applicable. The EU (through its directives, which lead to the actual national laws) in general and Germany in particular tend to place a lot of restrictions even on B2B agreements. That can work to your advantage or disadvantage.

I don't think it is possible to limit the warranty for your work to less than a year and, at least in Germany, I think the courts have pretty consistently thrown out any clauses that limit damages to the value of a contract or to anything other than the amount of damages that can reasonably be expected to result from providing a given service or product.

If one of us translates the directions for a medical device and writes "push the red button," instead of "push the green button," and several people are injured or die because of it, there will be a whole chain of people liable for damages, but the translator is almost certain to be one of them.

[Edited at 2016-04-28 09:12 GMT]
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Could a poorly translated company anti-trust policy incur 15k Euro of penalty?







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