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T&C, what is standard practice?
Thread poster: Valeria Morati
Valeria Morati
Valeria Morati  Identity Verified
Italy
Jul 4, 2023

Hello everyone,

I am relatively new to the translation industry, therefore I am seeking some advice about standard practice for agreements with LSPs.
Specifically, in the T&C I am asked to sign to collaborate with this LSP, I am informed they might resource to me if they suffer damage due to "incomplete, delayed or defective work". While "incomplete" and "delayed" are clear-cut definitions, I think "defective work" is ambiguous. I worry there might be room for unfair claims on... See more
Hello everyone,

I am relatively new to the translation industry, therefore I am seeking some advice about standard practice for agreements with LSPs.
Specifically, in the T&C I am asked to sign to collaborate with this LSP, I am informed they might resource to me if they suffer damage due to "incomplete, delayed or defective work". While "incomplete" and "delayed" are clear-cut definitions, I think "defective work" is ambiguous. I worry there might be room for unfair claims on the part of the LSP in this wording. I do not intend to submit flawed translations, but I also want to protect myself against possible unjust treatment.
If these terms are standard in the industry, I assume I shouldn't be worrying about it, and that common sense is applied to what is considered "defective work".

Thank you in advance to any experienced colleagues for their opinion.
All the best,

Valeria ▲ Collapse
 
Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 22:13
Danish to English
+ ...
No problem with this one Jul 4, 2023

I have encountered many unreasonable clauses in T&Cs, NDAs, etc., but I don't see any problem with this one. It doesn't say anything else than what civil liability legislation in many jurisdictions does, i.e. that a supplier can be held to account for their work. The agency doesn't need a signed contract to do that.

Christopher Schröder
Philip Lees
Peter Dahm Robertson
Maria Teresa Borges de Almeida
 
Valeria Morati
Valeria Morati  Identity Verified
Italy
TOPIC STARTER
Thank you! Jul 5, 2023

Thomas T. Frost wrote:

I have encountered many unreasonable clauses in T&Cs, NDAs, etc., but I don't see any problem with this one. It doesn't say anything else than what civil liability legislation in many jurisdictions does, i.e. that a supplier can be held to account for their work. The agency doesn't need a signed contract to do that.


I am not familiar with these aspects yet, thus your feedback has been very useful.
Thank you to those who took the time to corroborate this answer, as well.
All the best.

[Edited at 2023-07-05 08:39 GMT]
 


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T&C, what is standard practice?







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