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Contract clause a translator should NEVER sign
Thread poster: Mats Wiman

Mats Wiman  Identity Verified
Sweden
Local time: 12:03
Member (2000)
German to Swedish
+ ...

MODERATOR
Dec 11, 2002

This contract clause should be copied and printed out as a typical example of a contract that NO TRANSLATOR ON EARTH SHOULD SIGN. (The name of the agency could be obtained privately from me)



\"You agree, upon demand, to indemify us and keep us indeminified from all

losses, damages, injury, costs and expenses of whatefter nature suffered by

us to the extent that the same is caused by or related to:

- materials or drawings given to us by you in relation to the provision of

the Services

- any breach of warrenty given by you in clause 4; or

- any other breach by you of these terms of business\"



(Per Karlsson ofthe Nordic mailing list

norskjal-admin@listar.ismennt.is, URL: http://listar.ismennt.is brought the quote.



Best regards



Mats J C Wiman

Übersetzer/Translator/Traducteur/Traductor > swe

http://www.MatsWiman.com

http://www.Deutsch-Schwedisch.com

http://www.proz.com/translator/1749 Deu>swe Proz.com moderator

eMail: MatsWiman@swipnet.se

Träsk 201

SE-872 97 Skog

Tel : +46-612-54112

Fax : +46-612-54181

Mobile: +46-70-5769797

[ This Message was edited by: on 2002-12-11 18:58 ]


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Steffen Pollex  Identity Verified
Local time: 12:03
English to German
+ ...
Agree totally, Mats! Dec 11, 2002

One should never sign this since the English is just horrible.



Hope to see you in Berlin in May.



Steffen


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Mats Wiman  Identity Verified
Sweden
Local time: 12:03
Member (2000)
German to Swedish
+ ...

MODERATOR
TOPIC STARTER
ProZ.com policy statement No 1 (PROPOSAL) Dec 11, 2002

Having got a favourable reaction from Geraldine X, I was inspired to make a suggestion for the ProZ.com Policy Statement No 1:



\"Indemnity clauses in the relationship between client/agency and a translator cannot and should not be applied.

Maximum accountability on the part of a translator or an agency is his/her/their translation fee.

The ultimately accountable party for the correctness of any translated text is the party who has ordered the translation to be performed.

If such party chooses not to engage appropriate experts to check the contents of the text translated and published in his/her/their name, such party will have to accept full responsibility for lack of such action.\"



I hope everybody, Henry, the moderator group and the Proz.com community will subscribe to this policy.



Best regards



Mats J C Wiman

Übersetzer/Translator/Traducteur/Traductor > swe

http://www.MatsWiman.com

http://www.Deutsch-Schwedisch.com

http://www.proz.com/translator/1749 Deu>swe Proz.com moderator

eMail: MatsWiman@swipnet.se

Träsk 201

SE-872 97 Skog

Tel : +46-612-54112

Fax : +46-612-54181

Mobile: +46-70-5769797





[ This Message was edited by: on 2002-12-11 20:06 ]

[ This Message was edited by: on 2002-12-11 20:07 ]


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gianfranco  Identity Verified
Brazil
Local time: 09:03
Member (2001)
English to Italian
+ ...
Translators' responsibility Dec 11, 2002

Quote:




\"Indemnity clauses in the relationship between client/agency and a translator cannot and should not be applied.

Maximum accountability on the part of a translator or an agency is his/her/their translation fee.

The ultimately accountable party for the correctness of any translated text is the party who has ordered the translation to be performed.

If such party chooses not to engage appropriate experts to check the contents of the text translated and published in his/her/their name, such party will have to accept full responsibility for lack of such action.\"







I totally agree.

A translator is only a link in a long chain that must include all necessary QA steps to ensure quality and correctness of the document.



These steps should include proofreaders, editors and experts. Each one of them must sign-off for its part, but the ultimate responsibility belongs to the party selling the product/service to the final users.



We cannot be held responsible without limit for any error happening at our early stage in the production process.



Gianfranco







[ This Message was edited by: on 2002-12-11 21:45 ]

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Arthur Borges
China
Local time: 19:03
English
+ ...
Question: How have the courts ruled in such cases? Dec 12, 2002

It would be nice to have input from a maximum of countries...

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Giuliana Buscaglione  Identity Verified
Austria
Local time: 12:03
Member (2001)
German to Italian
+ ...
Limited Responsibility Dec 12, 2002

[quote]

On 2002-12-11 21:34, gianfranco wrote:

[quote]



\"

A translator is only a link in a long chain that must include all necessary QA steps to ensure quality and correctness of the document.



These steps should include proofreaders, editors and experts. Each one of them must sign-off for its part, but the ultimate responsibility belongs to the party selling the product/service to the final users.



We cannot be held responsible without limit for any error happening at our early stage in the production process. \"



End of quote -



Totally agree.



My virtual signature.



Giuliana Buscaglione
[addsig]


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Daina Jauntirans  Identity Verified
Local time: 05:03
Member (2005)
German to English
+ ...
Question: How have the courts ruled in such cases? Dec 13, 2002

Interesting question, Arthur! I would be interested in hearing this as well. There is a lot of talk about this in theory, but I have rarely if ever heard of an actual case that went to court. Does anyone know of any (that they are at liberty to reveal)?

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Mats Wiman  Identity Verified
Sweden
Local time: 12:03
Member (2000)
German to Swedish
+ ...

MODERATOR
TOPIC STARTER
The important thing is to state one's view Dec 14, 2002

The \'Do you know of a court case?\' question has been put at least 4 times in various arenas and I have never seen one which in fact existed in the real world.

It all seems very much like theory.

Still, a number of agencies try to copy and paste such clauses into their contracts or purchase orders.



It is therefore important that freelancers and hopefully our community formulate how they see the distribution of roles in the translation market.



I have tried to do exactly that.



If customers, agencies and freelancers could agree on this distribution of roles, many fewer quarrels would occur and silly clauses like the above one could be omitted.



Best regards



Mats J C Wiman

Übersetzer/Translator/Traducteur/Traductor > swe

http://www.MatsWiman.com

http://www.Deutsch-Schwedisch.com

http://www.proz.com/translator/1749 Deu>swe Proz.com moderator

eMail: MatsWiman@swipnet.se

Träsk 201

SE-872 97 Skog

Tel : +46-612-54112

Fax : +46-612-54181

Mobile: +46-70-5769797





[ This Message was edited by: on 2002-12-14 09:44 ]


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