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Unreasonable contract terms ?
Thread poster: Tone Halling

Tone Halling  Identity Verified
Norway
Local time: 15:49
Member (2004)
English to Norwegian
+ ...
Dec 2, 2002

Hi,



An agency has sent me a contract/service agreement containing a clause regarding indemnity that I find quite stiff. Here is the clause in question:



\"You agree, upon demand, to imdemnify us (which for the purposes of this clause includes our employees, agents and sub-contractors), and keep us indemnified, from all losses, damages, injury, costs and expenses of whatever nature suffered by us to the extent that the same are caused by or related to:

A) materials or drawings given to us by you in relation to the provision of the Services;

B) any breach of warranty given by you in this clause 4; or

c) any other breach by you of these terms of business.\"



I\'m not a legal expert, but it seems to me that this entails almost unlimited liability. Should not such a clause contain a reasonable upper limit?



Grateful for any input,

Tone Halling







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Evert DELOOF-SYS  Identity Verified
Belgium
Local time: 15:49
Member
English to Dutch
+ ...
'Unreasonable' would be an understatement Dec 3, 2002

For what it\'s worth:



Only very rarely do I agree to accept full responsibility for a translation I submit, yet never when I haven\'t even seen the source text.



The end client, in casu the agency who sent you this, is responsible for whatever s/he publishes or submits.

Especially when it comes to agencies who charge anything up to 0.40 per source word, claiming they have all their translations proof-read and edited.



I have received several such contracts over the years and simply don\'t sign them.

Even if this means I miss out on many assignments.



Don\'t get me wrong here: if I\'d make a mess of a translation and the agency can indeed prove this to me, I\'ll happily deduct my word rate, or review the complete text, or pay someone else to have a closer look at it.



Good luck anyway.
[addsig]


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Tanja Abramovic  Identity Verified
English to Serbian
+ ...
Just a formality Dec 11, 2002

I also signed a lot of such contracts (I live in the U.S., where they are really binding). However, no one had ever complained about anything and I was always paid on time (normally, the translations were professional and of high quality).

I think that such wording in the contracts is just a formality and that you shouldn\' t worry.



Good luck,

olyx


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