Is this legal or even acceptable?
Thread poster: Dikran

Dikran
Local time: 10:21
English to Arabic
+ ...
Oct 17, 2002

A translation agency has asked me today to sign a contract with them which contains the following paragraph:


\"WARRANTIES: Consultant(that\'s the translator) warrants he or she has the required skills to perform the services as agreed to. Consultant further undertakes to be liable for all additional costs, expenses and charges incurred by XXXXXX as a consequence of any delay, error or omission on the part of Consultant in the performance of Consultant’s obligations under this Agreement. If quality of work submitted to XXXXXXX does not comport with the highest standards prevailing in the industry, such that as a consequence thereof, XXXXXXX incurs in additional costs, or is made liable for such costs incurred by a third party, Consultant forgoes claim for payment for services rendered for the lesser of: (1) the amount agreed upon, as payment to the Consultant, or (2) the costs incurred as a result of the errors of the Consultant.\"


My question is:


Is this legal or acceptable(especially the last part)?


Thanks to all in advance.




[ This Message was edited by: on 2002-10-17 19:12 ]


 

Ulrich Garn  Identity Verified
United States
Local time: 07:21
English to German
+ ...
Totally unacceptable Oct 17, 2002

I would never sign such a thing.

 

jccantrell  Identity Verified
United States
Local time: 07:21
Member (2005)
German to English
+ ...
Legal? Oct 17, 2002

Whether it is legal depends on where YOU are located (or, the venue specified in the contract).


Acceptable? If you sign it, it is to you.


I agree with Ulrich, I would not sign such a document. There have been threads about sample contracts on ProZ. Look them up, fix one up that applies specifically to you, send it back to these guys and see if THEY will sign it! Ha!


 

Dikran
Local time: 10:21
English to Arabic
+ ...
TOPIC STARTER
I'm located.... Oct 19, 2002

Dear jccantrell,


I\'m located in Canada and the agency in USA. As for the acceptability of this paragraph, I think the whole contract is UNFAIR and I just wanted to know what other colleagues think about it.


In general, almost all agency contracts don\'t say/state what will/should happen when the agency in question refuses to pay or delays paying to the translator.


I\'m still struggling to get paid by an agency which is located in Canada itself. This agency is evading my phone calls and ignoring my emails...


I got this sample contract you referred to and will send it to the agency and see what they think about it.


Thank you so much for your input.


Dikran


 

Dikran
Local time: 10:21
English to Arabic
+ ...
TOPIC STARTER
Right Oct 19, 2002

Quote:


On 2002-10-17 21:05, Ulrich Garn wrote:

I would never sign such a thing.




I agree with you 100%


 

Harry Bornemann  Identity Verified
Mexico
English to German
+ ...
compensate by rate Nov 5, 2002

For the first part of this agreement I would compensate by rising my rates by 50%, and for the last part another 50%. Extras have their price.

 

Ralf Lemster  Identity Verified
Germany
Local time: 16:21
English to German
+ ...
Watch the risk/reward ratio Nov 5, 2002

Quote:


On 2002-11-05 22:47, Harry_B wrote:

For the first part of this agreement I would compensate by rising my rates by 50%, and for the last part another 50%. Extras have their price.



Agreed in principle - BUT: this would only work out given a fair number of jobs; if you just get one single job and then the agency in question tries to take you to the cleaners, you\'ll still end up losing.


 


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