2. General Terms and Conditions of Sale
In accordance with the recommendations of the Société Française des Traducteurs (French Translators’ Society).
Application of General Conditions – Opposability:
Any order placed with Larina Translation implies the complete and unconditional acceptance of these general terms and conditions of sale by the Client. These general terms and conditions take precedence over any other general or specific conditions, especially those of the Client, unless expressly agreed otherwise by the Service Provider.
Acceptance of General Conditions:
Acceptance of the general terms and conditions of sale occurs when placing an order through the purchase order or any other contractual document. The Client acknowledges having read and accepted the general terms and conditions of sale without reservation.
Waiver of Client’s General Conditions:
The execution of any service by the Service Provider implies the Client’s waiver of its own general purchasing conditions. Any contrary condition will, in the absence of express acceptance, be unenforceable against the Service Provider.
Non-Waiver:
The fact that the Service Provider does not invoke any of these general terms and conditions at a given time cannot be interpreted as a waiver of subsequently invoking any of these conditions.
Ordering/Quotation:
Before placing an order, the Client must obtain a free quote from Larina Translation. This quote is based on the documents to be translated provided or the information communicated by the Client. It specifies:
- The number of pages or words to be translated
- The translation language
- The billing method (fixed, hourly, per source word)
- The delivery deadline
- The format of the documents to be translated
- Any potential price surcharges
To confirm the order, the Client must sign and return the quote to the Service Provider, either by postal mail or fax, or by email. In the absence of acceptance of the quote within a period of 3 months, it becomes void.
Price Surcharges:
The Service Provider reserves the right to increase the rates for services and/or not adhere to the delivery date stated on the initial order confirmation from the Client, particularly in the following cases:
- If the Client modifies or adds documents after the quote has been provided
- If the quote was based on inaccurate or incomplete information
In case of price increases or changes to the delivery date, the Service Provider informs the Client and seeks their agreement. In the absence of the Client’s agreement, the Service Provider reserves the right not to commence the service.
Service Fees:
Service fees (travel, express mailings, etc.) are the responsibility of the Client unless otherwise specified on the quote.
Discounts:
The Service Provider is solely authorized to decide on granting a discount or reduction on rates. This discount or reduction is valid only for the specific service concerned.
Rates in the Absence of a Quote
In the absence of a prior quote, translation services are invoiced according to the standard rate typically applied by the Service Provider.
Proof
For the purpose of proving the existence of this quote acceptance, the Client acknowledges considering fax, email, copy, and electronic support equivalent to the original and as perfect evidence.
Advance Payment and Percentage
Any order exceeding €800 excluding taxes may be subject to an advance payment request, with the percentage ranging from 30% to 60%, as specified in the quote. In the case of an advance payment, the service will only commence after the advance payment has been made.
Delivery Time
The delivery time specified in the quote is applicable upon receipt by the Service Provider of all documents subject to the translation service.
For the delivery time to be applicable, the Client must confirm their order within 3 business days from receiving the quote.
After this period, the delivery time may be revised based on the workload of the Service Provider.
Provider’s Obligations
The Service Provider strives to carry out the translation as faithfully as possible to the original and in accordance with professional practices. They take into account the information provided by the Client (glossaries, plans, drawings, abbreviations) and make an effort to incorporate them into the translation.
The Service Provider disclaims any responsibility for inconsistency or ambiguity in the original text. The verification of the technical coherence of the final text is the responsibility of the Client.
Client Recourse
In case of dispute regarding the quality of the translation, the Client must demonstrate the existence of an error committed by the Service Provider. Differences in interpretation and style are not considered errors.
Client’s Obligations
The Client agrees to provide the Service Provider with all documents to be translated, as well as any technical information necessary for understanding the text and, if necessary, the specific terminology required.
In the event of the Client’s failure to inform the Service Provider, the latter cannot be held responsible for any non-compliance or exceeding of deadlines.
Client’s Recourse
The Client has a period of 10 business days from the receipt of their translated or proofread documents to express any disagreement in writing regarding the quality of the service. After this period, the service will be considered duly executed, and no disputes will be accepted.
Delivery Proof
The Client agrees to consider any acknowledgment of receipt as proof of delivery.
Confidentiality
The Service Provider undertakes to respect the confidentiality of the information received from the Client before, during, and after the provision of the service.
Originals of translated or proofread documents are returned to the Client upon request.
The Service Provider’s liability cannot be invoked in case of interception or diversion of information during data transfer, especially over the Internet.
The Client is responsible for choosing the means of transferring sensitive information entrusted to the Service Provider.
Liability
The Service Provider’s liability is limited to the amount of the invoice in question.
The Service Provider cannot be held responsible for claims motivated by stylistic nuances.
Delivery times are indicative, and their non-compliance cannot result in penalties for delay.
The Service Provider’s liability cannot be engaged for direct or indirect damages caused to the Client or third parties due to delivery delays, particularly in cases of force majeure or possible shipping delays.
Corrections and Proofreading
In case of disagreement on details of the service, the Service Provider reserves the right to correct the translation in cooperation with the Client.
If the translation requires editing, the Service Provider will receive the proof for proofreading.
Unless otherwise agreed in writing, any additional correction or proofreading is invoiced at the current hourly rate.
Payment Terms and Method
Unless specific clauses are specified in the quote, invoices are payable in full at the end of the order, without discount, from the date of issue.
In case of payment by check or bank transfer from abroad, exchange or bank fees will be invoiced to the Client, either at the flat rate indicated on the quote or at the actual rate.
In case of late payment, the Service Provider reserves the right to interrupt ongoing orders and to invoice late payment interest at a rate of one and a half times the legal interest rate in force, applicable to the amount of the invoice in question.
The translation remains the property of Larina Translation until full payment.
Intellectual Property
Copyright
Client’s Obligations
Before submitting a document for translation to the Service Provider, the Client must ensure that they are the owner or have obtained written permission from the copyright owner.
Service Provider’s Liability
In case of violation of copyright or any other right of a third party, the Service Provider cannot be held responsible. The Client will assume any damages and financial consequences.
Copyright on the Translation
The translation obtained by the Service Provider constitutes a new document whose copyright is jointly held by the author of the original document and the Service Provider.
Mention of the Service Provider’s Name
In case of literary or artistic services, the Service Provider reserves the right to require their name to be mentioned on any copy or publication of their service, in accordance with the Intellectual Property Code, paragraph L.132-11.
Cancellation
In case of cancellation of a service in progress, for any reason, notified in writing to the Service Provider, work already completed will be invoiced to the Client at 100%, and the remaining work at 50%.
Amicable Settlement
In case of dispute between the parties, they agree to attempt an amicable settlement before initiating legal proceedings.
Conciliation Procedure
Filing a complaint with the SFT arbitration commission by registered mail with acknowledgment of receipt, with a copy by registered mail to the other party, triggers the conciliation procedure. The arbitration commission is responsible for attempting conciliation between the parties.
Parties’ Obligations
The parties undertake to cooperate with the arbitration commission and to act in good faith. They also undertake not to file a lawsuit within four months of the commission being notified.
Sanction for Non-compliance with the Procedure
If a party files a lawsuit within four months of the commission being notified, they may be subject to a dismissal or a pecuniary sanction of €1,500.