Seeking clarification on (standard) form
Thread poster: Will Kelly
Will Kelly
Will Kelly
United Kingdom
Dutch to English
Mar 30, 2023

Hi all,

I ordinarily translate Dutch>English but have been offered some work proofreading English texts for a German agency. The agency has asked me to sign a form that neither I nor my partner (native speaker of German) fully understand. Which is to say that we understand the individual words but not the full scope of legal implicatio
... See more
Hi all,

I ordinarily translate Dutch>English but have been offered some work proofreading English texts for a German agency. The agency has asked me to sign a form that neither I nor my partner (native speaker of German) fully understand. Which is to say that we understand the individual words but not the full scope of legal implications. It is identical to this one:

https://www.berlin.de/vergabeservice/vergabeleitfaden/formulare/wirt-236-p-verpflichtungserklaerung-anderer-unternehmer.docx

Given that it's identical to the one above, I'm assuming that it must be quite common/standard in Germany, but I'm not used to agencies asking me to expressly accept joint liability (that appears to be the main implication).

Any thoughts?
Collapse


 
Carola BAYLE
Carola BAYLE  Identity Verified
France
Local time: 10:35
Member (2005)
German to French
+ ...
You should change to NL-DE colleagues Mar 31, 2023

English will perhaps not be able to understand the German clause.

Jorge Payan
 
Rita Translator
Rita Translator  Identity Verified
Germany
Local time: 10:35
German to English
It's been a while, but... Jun 20, 2023

Will Kelly wrote:

Hi all,

I ordinarily translate Dutch>English but have been offered some work proofreading English texts for a German agency. The agency has asked me to sign a form that neither I nor my partner (native speaker of German) fully understand. Which is to say that we understand the individual words but not the full scope of legal implications. It is identical to this one:

https://www.berlin.de/vergabeservice/vergabeleitfaden/formulare/wirt-236-p-verpflichtungserklaerung-anderer-unternehmer.docx

Given that it's identical to the one above, I'm assuming that it must be quite common/standard in Germany, but I'm not used to agencies asking me to expressly accept joint liability (that appears to be the main implication).

Any thoughts?


In case it's still relevant, it's just a form indicating that the agency was required to attest that the translators/editors (sub-contractors) with with whom they work fulfill certain qualifications (that could be that they are native speakers of the target language, have a degree in translation, have experience in the field, etc.), and this form is their proof to the client that you - the sub-contractor for this job - fulfill those qualifications. And yes, it also contains joint liability if you submit poor work, for example, but that joint liability is limited to the work you do ("...entsprechend dem Umfang der Eignungsleihe für die Auftragsausführung...").

As always with legal matters, this is an attempt at collegial assistance and not legal advice. You should consult a lawyer if you want to be certain. That having been said, I fill out these kinds of forms occasionally and it's pretty standard.


 
Will Kelly
Will Kelly
United Kingdom
Dutch to English
TOPIC STARTER
Many thanks! Jun 20, 2023

Rita Translator wrote:
In case it's still relevant, it's just a form indicating that the agency was required to attest that the translators/editors (sub-contractors) with with whom they work fulfill certain qualifications (that could be that they are native speakers of the target language, have a degree in translation, have experience in the field, etc.), and this form is their proof to the client that you - the sub-contractor for this job - fulfill those qualifications. And yes, it also contains joint liability if you submit poor work, for example, but that joint liability is limited to the work you do ("...entsprechend dem Umfang der Eignungsleihe für die Auftragsausführung...").

As always with legal matters, this is an attempt at collegial assistance and not legal advice. You should consult a lawyer if you want to be certain. That having been said, I fill out these kinds of forms occasionally and it's pretty standard.


Many thanks, Rita. In the end, I checked with a lawyer and the advice was to cross out the parts about joint liability and pretty much most of the text, which I duly did. The agency were perfectly content with this, so all's well that ends well. Thanks again!


 


There is no moderator assigned specifically to this forum.
To report site rules violations or get help, please contact site staff »


Seeking clarification on (standard) form






Protemos translation business management system
Create your account in minutes, and start working! 3-month trial for agencies, and free for freelancers!

The system lets you keep client/vendor database, with contacts and rates, manage projects and assign jobs to vendors, issue invoices, track payments, store and manage project files, generate business reports on turnover profit per client/manager etc.

More info »
CafeTran Espresso
You've never met a CAT tool this clever!

Translate faster & easier, using a sophisticated CAT tool built by a translator / developer. Accept jobs from clients who use Trados, MemoQ, Wordfast & major CAT tools. Download and start using CafeTran Espresso -- for free

Buy now! »