Terms and Conditions of Sale

Article I - Scope

These general terms and conditions of sale govern all the services rendered by MaxiTrad with respect to its services, including and without limitation, translation, interpretation, revision, computer-aided publishing services, subtitling, dubbing and transcription in any form, content or place. By using any of these MaxiTrad services, the CUSTOMER agrees to accept these general terms and conditions of sale.

Article II - Quotes & Orders

The quote accepted by the CUSTOMER acts as a firm and final order in the absence of a purchase order issued by the CUSTOMER. MaxiTrad is not obliged to start the service before receiving the duly signed quote or the order form issued by the CUSTOMER. Under no circumstances may the translator, interpreter or any other personnel seconded by MaxiTrad to the customer, be solicited by the CUSTOMER for any other assignment, with or without a direct link to the assignment ordered, without express prior agreement from the MaxiTrad management.

Article III - Reception and delivery of works by MaxiTrad.

The documents to be translated will be delivered by the CUSTOMER in digital form by email, diskette, CD or via an FTP site, or in paper form by courier, parcel service or postal mail. They will be accompanied by any reference document that the CUSTOMER may deem useful to make available to MaxiTrad to help them in their assignment, including glossaries, lexicons, terminological bases or previous translations approved by the CUSTOMER. MaxiTrad will perform the service according to the rules of the trade in question within the constraints set by the CUSTOMER.

MaxiTrad will make all arrangements to ensure delivery of the ordered works in accordance with the deadlines set out in the quote accepted by the CUSTOMER. Any additional services requested by the CUSTOMER during the assignment (additional pages or files) may postpone the delivery time. The work will be delivered to the CUSTOMER in the form requested: in digital form by email, diskette, CD or via an FTP site, or in paper form by courier, parcel service or postal mail. Delivery costs (excluding digital media) of translated documents are for the account of the CUSTOMER. Any delay in delivery will not systematically result in compensation unless agreed between the CUSTOMER and MaxiTrad. Any CUSTOMER who is late in its obligations towards MaxiTrad may have its delivery conditioned by the prior payment of its obligations towards MaxiTrad.

Article IV - Invoicing

MaxiTrad's quotes are based on the rates in force on the day of the order and the specific features of the service, according to the information provided by the customer to establish this quote; as such they are only estimates. Invoices will be drawn up and sent to the CUSTOMER, or to its own direct CUSTOMER, with a copy to the requester, after the service has been performed. In case of cancellation of an order by the CUSTOMER, the work carried out by MaxiTrad on the date of cancellation will be invoiced in full, except in the case of interpretation orders or on-site translators. In the latter cases, the service will be invoiced in full according to the terms of the quote accepted by the CUSTOMER if the cancellation occurs less than five working days before the starting date of the assignment, and at 50% when the time period is more than five working days before the start date of the assignment.

Article V - Terms of Payment

Unless otherwise agreed, invoices are net, without discount and payable cash upon receipt. These terms of payment are applicable to all CUSTOMERS of MaxiTrad and may be waived only by special agreement between the parties. Services of an amount higher than 5,000 Euros require the payment of a deposit of 30% at the time of order. Any sum due to MaxiTrad not paid at the contractual due date will automatically entitle MaxiTrad, after formal notice has not been fulfilled, to charge default interest calculated on the basis of the Bank of France discount rate in force on the date when the said payment was due, and this shall be without prejudice to the immediate demand for payment of all sums due by the CUSTOMER. For any late payment, and after formal notice has not been fulfilled, the CUSTOMER must, in addition to the principal amount, pay as a non-reducible penalty clause pursuant to Article 1229 of the Civil Code, compensation set at a flat rate of 10% of the sum remaining due, without prejudice to the contractual default interest. In case of late payment, MaxiTrad reserves the right to suspend current orders.

Article VI - Claims

Upon receipt of services performed by MaxiTrad, the CUSTOMER is required to ensure compliance with the provisions of the signed quote or order placed. Any claim from the CUSTOMER must be sent to MaxiTrad no later than ten calendar days after the date of delivery of services, and be confirmed by registered letter. After this date, any new service will be subject to an additional invoicing.

Article VII - Liability

The services are performed by MaxiTrad as part of an obligation of means. In the event of disagreement as to the terminology employed, with the exception of any nuance of style, MaxiTrad undertakes, with all due diligence possible, to find the solution best suited to the CUSTOMER's requirements, it being understood that this could not in any case be invoked to question the service as a whole. MaxiTrad will make all efforts to make corrections as soon as possible. In the event that MaxiTrad's liability is incurred as a result of a possible non-performance or improper performance of the agreement, which the customer can prove, compensation will be limited to the direct loss suffered by the CUSTOMER, without the customer being able to exceed the amount invoiced for the service.

Article VIII - Insurance

The CUSTOMER is responsible for personally insuring the original documents and materials addressed and entrusted to MaxiTrad.

Article 13 - Jurisdiction clause

In the case of a dispute about the application of these general terms and conditions of sale, or in the case of a dispute related to a service provided by MaxiTrad, only the Commercial Court will have jurisdiction.