General terms and conditions of sale
Placing an order implies acceptation of these conditions. These general terms and conditions of sale shall prevail over any general terms & conditions of purchase.
All translations need to be ordered using a purchase order. Work shall not commence without an express order sent by post, email or fax. The purchase order is drawn up based on the estimated volume of the document to be translated, as specified in the estimate. Accepting the purchase order means the order has indeed been placed.
Orders may not be fully or partly cancelled without our written consent.
The client gives the texts to be translated in printed or typed format, as hard copy or in digital form, to the exclusion of all other forms. They shall also provide any information they might deem pertinent. Should specific terminology be required, the client shall supply glossaries, lexicons and/or reference documents. The client agrees to supply the texts to be translated in due time and not to make any modifications. They also agree to answer any technical questions ADTRADS may ask.
Applicable prices when the order is placed depends on rates decided on by the vendor. Rates may revised depending on economic conditions, subject to current pricing regulations. They are generally stated excluding taxes. Any taxes, rights or other services to be paid, of whatever nature, relating to the provision of service as agreed upon, are to be borne by the buyer. In the event of any difficulty due to poor phrasing of the original text, manuscript, isolated passages, discontinuous text, lack of context, tables, tables of contents, nomenclatures, lists of spare parts, photo captions, plans, designs and translations using audio, special rates with a 20 to 100% extra charge shall be applied, as indicated in the estimate. We bill the client a minimum of 500 words per order and per language even if the text to be translated does not contain that many.
ADTRADS undertakes to have all accepted work translated by professionals. In accordance with contract law, the translation must be of fair marketable quality and in ADTRADS agrees to maintain confidentiality for all documents entrusted to it. ADTRADS also agrees to perform quality control and/or review the translated document.
Invoices are payable cash, on reception, net and without discount. Any late payment shall automatically lead to the application of late payment interest, i.e. 1.5% a month, without needing to give formal notice thereof. Should the recovery of a debt require third-party intervention, or bringing legal action, the amount for the credit shall be increased by 10% based on a penalty clause, plus legal costs. For a first order and any amount in excess of €1,500 excl. taxes, a 50% down payment shall be paid when placing the order. In the event of cancellation, cancellation fees shall be equivalent to the cost of the service.
ADTRADS shall take all necessary measures to ensure swift, secure, timely delivery of all work produced as per the deadline/s
specified on the estimate. Delivery deadlines are given as a guideline only
and without any guarantee, unless a formal agreement on a delivery date is reached with the client.
The buyer may not cite late delivery as a reason to refuse
ADTRADS shall not be held liable for any late delivery or failure to fully or partly complete orders, especially in the following cases:
The client may freely choose the means of delivery. Should the client not be in a position to fetch the documents from ADTRADS business address, any other means of delivering the documents shall be invoiced to the client. ADTRADS can in no event be held responsible for late delivery caused by faxes, post services, and any other means of delivery. No claims may justify the retention of any or part of the payment. The client may not ask ADTRADS for any form of compensation. ADTRADS’s brief is restricted to the translation of documents, not their content. It is not liable when the source text cannot be translated properly or if the deadlines cannot be met due to force majeure. ADTRADS’ liability is limited to the corresponding invoice or the full amount of the contract.
Any claims of whatever nature must be made in writing (by registered post), stating the reasons for the claims, within eight days of reception of the goods. Once this deadline has passed, claims may no longer be taken into consideration. Only the date the goods delivered left ADTRADS’ premises shall be taken into consideration. When making a claim, the client must provide all documents needed for ADTRADS’ assessment (source document, translated document, nature of corrections made by the client, and generally speaking, any document that may contribute to sound judgment).
Mere imperfections observed in part of the translated document shall not call the service as a whole into question. Should imperfections be noted, ADTRADS shall make all due modifications in minimum time. Imperfections observed in a service performed in emergency conditions cannot be the subject of a claim unless they are serious and the client is able to prove ensuing financial prejudice. ADTRADS’ liability can under no circumstances be sought for any prejudice in connection with the content of the translated text on behalf of a client or in the terms applied for this translation. Clients remain fully liable for the circulation and use of this text. The client guarantees ADTRADS that they hold all rights and powers necessary to have the documents translated. The client agrees to hold the translator harmless and to not take legal action, or sue for loss or damage further to any contravention of this guarantee. Translations are understood to be protected by copyright laws and may not be reproduced or otherwise used in the event of infringement of the copyright held by the translator. The work remains the property of the client. To this end, the translator transfers all rights to the translations produced to the client: reproduction, representation, commercialisation, usage, detention, adaptation and exploitation rights.
Should the buyer, at any time, prior to or further to the delivery of any services not fully paid for, either suspend payment or be subject of any request or procedure that could lead to its bankruptcy, the sale shall be immediately and automatically cancelled further to the occurrence of any of these events, unless we notify the buyer of our decision to maintain the ongoing sale.
The client shall insure the original documents and media sent to ADTRADS.
Any complaint relative to our services or their payment shall be settled exclusively according to French legislation, by the Commercial Court of Boulogne-sur-Mer (62200), FRANCE, even in the event of multiple defendants or the introduction of third parties. This clause also applies to international contracts, French law being systematically applicable. Means of delivery and payment shall not be exempt from this attributive clause and in no way constitute novation. In the event of a conflict between these terms of sale and any terms featuring on the buyer’s orders, these terms shall prevail.