Translation and liability

Everybody who deals with translations and everybody in the language service business knows: When you process translations without checking them you must take translation errors into account. Checking and proofreading outsourced translations is an important part of the language service supply chain. But what happens when a translation goes wrong? Printing costs for a company image brochure can easily exceed the translation costs by factor ten. And what happens when a user manual contains faults due to a translation error and users suffer injuries or even loss of life? Who is liable for the damages, who is responsible and how can international enterprises protect themselves from huge liabilities due to translation errors?

Text by Gerald A. Salisbury

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Translation and liability

Exclusion of liability by the language service provider (LSP)

Many LSPs are trying to take the easy way out. Their General Terms and Conditions are not included in the contract, when they should be. A mere reference to a website is not sufficient. In addition, the definitions in these General Terms make things appear too simple: for example, any form of liability is excluded, the liability is limited to the volume of the purchase order or any liability claims are reduced to five days after delivery. The EU liability directives, for example, make such agreements obsolete in the first place.

Consider the translation itself as a product. So, who is actually liable to which amount, under what conditions and when? The General Terms and Conditions alone need to be revised throughout the entire language service provider business. All buyers of language services should examine if, in terms of ...