General Terms and Conditions of Sale
Article I - Scope
These general terms and conditions of sale govern all services provided by LawTrad in respect of its services, i. e. and without limitation, translation, interpretation, revision, desktop publishing, subtitling, dubbing and transcription services, regardless of their form, content and place of operation. By using one of LawTrad's services, the CLIENT declares that he accepts these general terms and conditions of sale.
Article II - Quotations & Orders
The quotation accepted by the CLIENT shall be considered as a firm and definitive order in the absence of an order form issued by the CLIENT. LawTrad is not required to start the service before receiving the duly signed quotation or the order form issued by the CLIENT. Under no circumstances may the translator, interpreter or any other staff seconded by LawTrad to the client be requested by the CLIENT for any other assignment with or without a direct link to the assignment being ordered without the express prior consent of LawTrad's management.
Article III - Receipt and delivery of work by LawTrad
The documents to be translated are delivered by the CLIENT in digital form by email, diskette, CD or via an FTP site or in paper form by courier, courier or post. They are accompanied by any reference document that the CLIENT deems useful to make available to LawTrad to assist it in its mission, in particular glossaries, glossaries, terminology databases or translations previously produced and validated by the CLIENT. LawTrad will provide the service according to the best practices in this field within the constraints set by the CLIENT.
LawTrad will take all necessary measures to ensure that the work ordered is delivered within the deadlines set out in the estimate accepted by the CLIENT. Any additional service requested by the CLIENT during the mission (additional pages or files) will postpone the delivery time. The work is delivered to the CLIENT in the form of his choice: in digital form by email, diskette, CD or via an FTP site or in paper form by courier, courier or post. The costs related to the delivery (excluding digital media) of the translated documents are the CLIENT's responsibility. Any delay in delivery shall not systematically give rise to compensation unless otherwise agreed between the CLIENT and LawTrad, and any CLIENT who is late in fulfilling his obligations to LawTrad may have his delivery conditioned by the prior payment of his obligations to LawTrad.
Article IV - Billing
LawTrad's estimates are based on the rates in force on the day of the order and the specificities of the service according to the information provided by the client to establish this estimate and are only estimates. Invoices are issued and sent to the CLIENT, or to its direct CLIENT with a copy to the claimant, after the service has been performed. In the event of cancellation of an order by the CLIENT, the work performed by LawTrad on the date of cancellation is invoiced in full, except in the case of interpretation or on-site translator orders. In the latter cases, the service is invoiced in full according to the terms of the estimate accepted by the CLIENT when the cancellation occurs less than five working days before the start date of the mission, and 50% when the cancellation occurs more than five working days before the start date of the mission.
Article V - Terms of payment
Unless otherwise agreed, invoices shall be issued net and without discount and shall be payable in cash on receipt. These terms of payment are applicable to all LawTrad CLIENTS and may only be waived by special and express agreement between the parties. Services in excess of 5000 euros require a 30% deposit when ordering. Any amount due to LawTrad and not paid on the contractual due date shall automatically entail, for its benefit and after formal notice has remained without effect, the collection of default interest calculated on the basis of the Bank Rate of the Banque de France in force on the date on which the said settlement was to take place, without this clause affecting the immediate payment of all amounts due by the CLIENT. For any delay in payment and after formal notice has remained without effect, the CLIENT shall, in addition to the principal amount, pay, as a non-reducible penalty clause within the meaning of Article 1229 of the Civil Code, an indemnity fixed at a flat rate of 10% of the sums remaining due, without prejudice to the conventional default interest. In the event of late payment, LawTrad reserves the right to suspend pending orders.
Article VI - Complaint
When receiving the services provided by LawTrad, the CLIENT is required to ensure that they comply with the provisions of the signed quotation or the order placed. Any complaint by the CLIENT must be addressed to LawTrad at the latest within ten calendar days following the delivery date of the services and confirmed by registered letter. After this date, any new service will be subject to additional invoicing.
Article VII - Liability
The services are provided by LawTrad within the framework of an obligation of means. In the event of disagreement regarding the terminology used, with the exception of any nuance of style, LawTrad undertakes, with all reasonable diligence, to find the solution best suited to the CLIENT's requirements, it being understood that this could under no circumstances be invoked to call into question the service as a whole. LawTrad then strives to make corrections as soon as possible. In the event that LawTrad is held liable for any breach or improper performance of the contract, as proven by the client, compensation shall be limited to the direct damage suffered by the CLIENT, without the latter exceeding the amount invoiced for the service.
Article VIII - Insurance
The CLIENT is required to insure himself the original documents and media sent and entrusted to LawTrad.
Article IX - Jurisdiction clause
In the event of a dispute concerning the application of these general terms and conditions of sale or in the event of a dispute relating to a service provided by LawTrad, only the Commercial Court shall have jurisdiction.