TERMS AND CONDITIONS OF SALE OF ALPHATRAD FRANCE S.A.S.

 

1st September 2020

Amended 30th June 2022

 

  1. PROVISIONS APPLICABLE TO BOTH BUSINESS AND PRIVATE CLIENTS

ARTICLE 1: definitions

The following definitions apply for the purposes of these General Conditions of Sale (GCS):

ALPHATRAD FRANCE: A Société par Action Simplifiée à Associé Unique (SASU - a kind of simplified joint stock company) with capital of €1,000,003, entered upon the Commercial and Companies Register of Évry, number B323 161 810, with its head office at 15, rue du Roussillon 91220 Brétigny-sur-Orge, (e-mail: , telephone: +331 87 33 00 30).

Client: either a legal entity engaged in a profession or a business or a physical person who can be legally classified as a Consumer, pursuant to the HAMON law of 17th March 2014, with whom ALPHATRAD FRANCE concludes a contract the object of which is the supplying of translation, interpreting, telephone or videoconferencing interpreting, voice dubbing, subtitling and audio file transcription work.

Services: the translation, interpreting, telephone or videoconferencing interpreting, voice dubbing (voiceovers), subtitling and audio file transcription work offered by ALPHATRAD FRANCE to the Client for the purposes of a tender or a contract concluded between ALPHATRAD FRANCE and the Client.

Contract: the contract concluded between ALPHATRAD FRANCE and the Client the object of which is the supplying, by ALPHATRAD FRANCE, of translation, interpreting, telephone or videoconferencing interpreting, voice dubbing, subtitling and audio file transcription work in return for a price to be paid by the Client.

ARTICLE 2: SCOPE

These GCS form the sole basis for the relationship between the parties. They can be viewed on the ALPHATRAD France website at https://www.alphatrad.fr

Their purpose is to set out the conditions under which ALPHATRAD FRANCE provides any Client who may so request with Services involving translation, interpreting, telephone or videoconferencing interpreting, voice dubbing, subtitling and audio file transcription work, via the https://www.alphatrad.fr website, by electronic mail or by means of a hard copy sent directly to ALPHATRAD FRANCE.

The Client hereby acknowledges having read and accepted these GCS prior to engaging in the ordering procedure. The Client also hereby acknowledges that s/he has is duly entitled to enter into a contract and to acquire the Services offered by ALPHATRAD FRANCE.

These GCS apply, in their entirety under the conditions set out in article 20 of this document and, amongst other things, without any restrictions or reservations, to all Services provided by ALPHATRAD FRANCE to Clients, regardless of any clauses which might appear in the Client’s own documents, including any general purchasing conditions.

If one or more of the provisions of these GCS should be found to be invalid, the other provisions shall remain applicable. It is furthermore hereby stated that these GCS may be subject to subsequent alterations. In this case, ALPHATRAD FRANCE shall inform the Client thereof in writing, at least one month before the alteration comes into effect. Unless the Client raises an objection within two weeks from the date on which the written notification is sent, the Client is deemed to have tacitly accepted the alteration made.

ARTICLE 3: ORDERS AND CONCLUSION OF THE CONTRACT

Any offers made by ALPHATRAD FRANCE, whether verbally or in writing, are not binding. The term “offers” means, amongst other things, any appended documents such as price lists, brochures and other information about the Services offered by ALPHATRAD FRANCE and brought to the Client’s attention either in writing or verbally.

The Client selects the Services that s/he wishes to order. It is hereby specified that the choice and purchasing of a Service is the Client’s sole responsibility. It is thus up to the Client to check that the order is accurate before sending it in writing to ALPHATRAD FRANCE by electronic mail, fax, or post.

Pursuant to article 1583 of the Civil Code, sales of Services only take effect once a quote has been drawn up and expressly accepted by the Client by means of a purchase order and payment of any sum on account for which ALPHATRAD FRANCE may ask the Client in order to confirm the order. Any sum on account requested of the Client may not under any circumstances be classified as a deposit.

The quote is valid for thirty calendar days, unless otherwise stated therein. According to the terms set out in article 6 of this document, the quote states the total sum on account to be paid by the Client, the turnaround time and the delivery procedures. It is hereby expressly stated that any Client who has failed to confirm the order according to the terms set out in the ALPHATRAD FRANCE quote may not, under any circumstances, demand that ALPHATRAD FRANCE perform the Services which are the subject of the quote. Furthermore, any quote which has not been confirmed by the Client within forty-eight hours from the date on which it was issued by ALPHATRAD FRANCE may require an adjustment to the turnaround time for the Service, and any such alteration to the deadline may not result in the payment of any compensation by ALPHATRAD FRANCE.

ARTICLE 4: CONDITIONS UNDER WHICH THE SUM ON ACCOUNT PAID WHEN THE ORDER WAS CONFIRMED MAY BE REIMBURSED

Any order confirmed by the Client in the manner and under the conditions set out expressly in article 3 of this document requires payment in full for the Services under the conditions set out in article 5 of this document. The Client may not withdraw or cancel the order and, amongst other things, demand that the sum on account paid when the order was confirmed be reimbursed.

If, once the Client has confirmed the order in the manner and under the conditions set out expressly in article 3 of this document, ALPHATRAD FRANCE is no longer able to provide the Services in accordance with the quote sent to and accepted by the Client:

  • first of all the Client will be offered a fresh quote which the latter shall remain free either to accept or to reject;

  • secondly, and only if the fresh quote offered has been rejected by the Client, the sum on account paid by the Client shall be immediately reimbursed. In this case the latter may not claim any additional compensation.

ARTICLE 5: PRICES

The Services are provided at the ALPHATRAD FRANCE prices in effect on the day on which the order is placed, according to the quote drawn up in advance by ALPHATRAD FRANCE and accepted by the Client under the conditions set out in article 3 of this document. Prices are given in euros and include VAT for private clients but are ex-tax for business clients. ALPHATRAD FRANCE raises an invoice and sends it to the Client when the order for the Services is placed. ALPHATRAD FRANCE reserves the right to change the agreed prices at any time, prior to the conclusion of the contract.

Changes to the agreed prices may also take place at any time when the contract is performed if the Client alters the order which has been placed. Until the contract has been entirely performed, ALPHATRAD FRANCE is hereby authorised to increase the agreed prices by the amount of any costs incurred as a result of steps taken by the public authorities.

ARTICLE 6: CONDITIONS OF PAYMENT FOR THE SERVICES

In accordance with articles 3 and 5 of this document, the price for the Services is set on the

basis of a quote which is payable in advance, unless otherwise agreed. A sum on account against the total price of the Services must be paid when the order is confirmed and the balance is payable before work on providing the Service begins. Unless otherwise agreed, the Client must have paid the full price for the Services before work on providing them gets underway, and by no later than the day scheduled for the providing of the aforesaid Services. If the Services have not been paid for in full on the day on which they are supplied, the sum on account shall be deemed to be non-refundable by ALPHATRAD FRANCE. Furthermore, ALPHATRAD FRANCE reserves the right not to provide the Services and to issue legal proceedings to claim payment infull for the Service.

Any delay in payment leads ipso jure to the application of penalties for late payment at a rate equal to three times the legal interest rate plus fixed recovery costs of 40 euros (Arts. L.441-6 and D.441-5 of the Commercial Code). If the recovery costs incurred are greater than this fixed allowance, ALPHATRAD FRANCE may ask for additional compensation on production of proof of expense (Art. 441-6 para 12 of the Commercial Code).

ARTICLE 7: PERFORMANCE OF THE CONTRACT

All orders are accepted and performed exclusively by ALPHATRAD FRANCE, even if the express or implicit intention is for an order to be carried out by a specific person working for ALPHATRAD FRANCE. After the conclusion of the Contract, ALPHATRAD FRANCE shall carry out the translation work in accordance with the specifications agreed with the Client pursuant to the Contract.

The Client must make all reasonable efforts to ensure that the Contract can be punctually and correctly performed.

This also means acceding to any requests made by ALPHATRAD FRANCE relating to the sending of additional information for the purposes of the successful performance of the Contract.

For the purposes of the proper performance of the Contract, ALPHATRAD FRANCE is hereby authorised to have the work carried out by third parties.

ARTICLE 8: ALTERATIONS TO THE CONTRACT AND ANY ADDITIONAL WORK REQUIRED BY THE CLIENT

Any additional agreements or subsequent amendments, along with any concessions made verbally by ALPHATRAD FRANCE staff, are only binding upon the company once they have been confirmed in writing by ALPHATRAD FRANCE by electronic mail, fax, or a letter sent through the post. In the same way, ALPHATRAD FRANCE may only agree to take any changes to the order made by the Client on board to the extent that the company is able to do so. If ALPHATRAD FRANCE does agree to any changes requested by the Client, these latter shall involve the drawing up of a fresh quote and an adjustment of the price. The adjusted price shall be binding upon the Client in any such circumstances. It is hereby expressly stated that, depending upon the progress of the work, or if it is not possible to accede to requests for alterations made by the Client after the conclusion of the Contract, ALPHATRAD FRANCE is entitled not to make the alterations requested by the Client.

In this case, ALPHATRAD FRANCE is hereby authorised to terminate the Contract, and shall not be liable to pay the Client any compensation.

In such a case, any sum on account paid by the Client is non-refundable by ALPHATRAD FRANCE and the latter may also invoice the Client for a sum calculated on a pro rata basis according to the number of words already translated.

ARTICLE 9: SPECIAL PROCEDURES

9.1 Use of technical and specific vocabulary

The Client is hereby expressly informed that the translators and interpreters involved are not technicians familiar with the specific vocabulary required in the various fields in which the service is requested.

As a result, for the purposes of the providing of the Services, ALPHATRAD FRANCE is unable to guarantee the use of any vocabulary of a technical nature and specific to the Client’s area of business, along with any in-house jargon.

This being the case, the Client must, of his or her own volition, send ALPHATRAD FRANCE any documentation which may be necessary in order for the Services to be efficiently provided at least eight (8) days before the date on which the providing of the Services is to commence. This necessary documentation includes any technical glossary and any specific vocabulary used in the field of expertise covered by the providing of the Services.

If the Client fails to provide a glossary at least eight days before the start of the providing of the Services, it is customary for the translator and/or interpreter to make use of standardised technical terms and s/he may not be held liable for this.

9.2 Types of interpreting Service

Clients are offered a number of types of interpreting service:

Liaison or consecutive interpreting: it is the interpreter’s job to liaise between two parties who do not both speak the same language. The speaker(s) will need to stop in order to allow the interpreter time to translate what is being said in the conversation. This technique is commonly used in business, training and support meetings, both in person and over the telephone or remotely.

Simultaneous interpreting (in a booth): the interpreter works in a soundproofed booth with at least a second interpreter because the continuous working time is limited to twenty minutes and the interpreters need to work in shifts.

The speaker talks into a microphone connected to the interpreter who wears headphones and instantly translates what has been said into a microphone. This content is sent back to the listeners’ headphones in the relevant language.

9.3 Online interpreting services

Telephone or videoconferencing interpreting is billed in one-hour periods.

Any period which has started is billed in full.

Remote interpreting services are provided by appointment. Although billing begins at the exact time of the appointment, any appointment which is cancelled at least forty-eight hours in advance will not be billed.

The following will be billed for the first period shown in the price list:

  • Any appointment which has not been cancelled twenty-four hours in advance;

  • Any appointment that the Client fails to keep.

For the purposes of the providing of an interpreting Service, if the Client asks for the conversations to be recorded, s/he must inform the participants in the conversation thereof in advance and obtain their consent. ALPHATRAD FRANCE will only make this recording for possible transcription purposes and after receiving confirmation from the Client that s/he has obtained the consent of each of the participants. ALPHATRAD FRANCE is unable to accept any responsibility with regard to obtaining proper authorisation from each of the participants. In order to comply with personal data protection regulations, ALPHATRAD FRANCE will not send the recording to the Client and will proceed to destroy it after the translation has been handed over to the Client.

In addition to this, the Client is hereby informed that an interpreter may not be rejected on the grounds of his or her accent provided that s/he speaks the languages required for the providing of the Services properly.

With regard to telephone or videoconferencing interpreting work carried out by a telephone or online operator (Zoom, Microsoft Teams or equivalent), ALPHATRAD FRANCE may not be held responsible if the telephone or conference line system is of poor quality and, as a result, nor may any line faults or other interruptions be attributed to the company.

9.4 On-site interpreting services

  1. Costs relating to the providing of the Services

Unless otherwise agreed, all costs involved in travelling to the site on which the Service is to be provided remain payable by the Client and will be charged for at cost price (air, train, taxi, accommodation, meals, et al).

The Client undertakes to pay for these upon presentation of proof of expense.

  1. Working hours for the providing of the Services

If lunch or dinner times are included in the working hours during which the Services are to be provided, these are included in the effective working hours involved in providing the Services.

To be more precise, when, for the purposes of the providing of the Services, an interpreter has lunch or dinner with the Client, this lunch or dinner time shall be considered as effective working time for the purposes of the providing of the Service. The Client must sign the interpreter's time sheet if asked to do so.

  1. The Client hereby gives an assurance that s/he is insured against any risks relating to the providing of the Services.

The Client hereby states that s/he is insured against any risks involved in the providing of the Services.

This insurance must cover the interpreter against risks including any accidents on the site of the work for the entire duration thereof, along with any physical injury, civil liability, etc.

  1. Damage to or loss of any interpreting equipment with which the Client is provided

The Client remains solely responsible for any interpreting equipment (such as booths, microphones, headphones, etc.) with which s/he may be provided, from delivery until it is collected. Any damage or loss will be billed at the cost set out by ALPHATRAD FRANCE which hires out the equipment.

  1. Extension of the time taken to provide the Services on grounds attributable to the Client

If the time it takes to provide the Services is extended due to circumstances which are attributable to the Client, this latter shall be responsible for any consequences thereof.

These consequences may include the following:

  • payment for additional hours used for the purposes of the providing of the Services at the prices mentioned in the quote accepted by the Client;

  • the reimbursement of the interpreter’s travel costs (air or train tickets) as a result of the extension of the deadline for the providing of the Services immediately upon presentation of the relevant proof of expense;

  • the reimbursement of the interpreter’s accommodation costs, and fees if the latter is forced to remain on the site of the engagement due to the extension of the deadline for the providing of the Services immediately upon presentation of the relevant proof of expense.

  1. If the Client is dissatisfied and makes a claim

A client may not reject an interpreter on the grounds that s/he has a foreign accent provided that s/he speaks the languages required for the purposes of providing the Services properly.


 

If the Client is not satisfied with an interpreter, the former must inform ALPHATRAD FRANCE thereof within four hours from the start of the providing of the Services.

If such a situation should arise, ALPHATRAD FRANCE hereby undertakes to make every effort to replace the aforesaid interpreter, subject to the availability of replacements.

Any scenario in which an interpreter who has been dismissed by the Client cannot be replaced because there is no replacement available is considered to be a case of force majeure. ALPHATRAD FRANCE shall not be under any obligation whatsoever to compensate for any inconvenience caused by any such express case of force majeure.

In any case, ALPHATRAD FRANCE’S liability is strictly limited to the Services provided, which means that the total value of ALPHATRAD FRANCE’S liability is limited to the total sum billed or the sum estimated by the insurance company which covers its liability.

By derogation to article 10.1 below, ALPHATRAD FRANCE must be sent notice of any claim made by the Client about an interpreting service1 within five days after it has been provided by electronic mail, fax, or a letter sent by post. The claim must give a clear, detailed account of the Client’s grounds for not accepting the Service provided by the interpreter, with specific, verifiable proof thereof. 

  1. If the Service cannot be provided

ALPHATRAD FRANCE may not be held liable if the interpreter is late or absent due to circumstances outside the company’s control, such as delays on the SCNF railways and other rail, land or air carriers, road accidents or traffic jams, whether due to strikes, demonstrations or any other events outside the company’s control.

If the interpreter should set out but fail to arrive due to a case of force majeure, 50% of the fees and expenses shall be met by the Client.

In the event of an unexpected illness, evidence of which is provided by a sick note issued by a doctor, either before or during the providing of the Services, ALPHATRAD FRANCE shall make every effort to replace the interpreter.

Any scenario in which an interpreter who has been signed off sick cannot be replaced because there is no replacement available is considered to be a case of force majeure.

In this respect, ALPHATRAD FRANCE may not be considered to be under any obligation to compensate for any inconvenience caused by this case of force majeure.

Nevertheless, there shall be no charge made for any part of the Services which has not effectively been provided. On the other hand, the Client shall be billed for the cost of leasing any equipment and any travel costs actually incurred.

9.5 Voice dubbing services

The prices for voice dubbing Services shown in the quote are based on the details supplied by the Client, in other words the length of the original file, or even the number of characters in the text, the type of voice, the languages and any audio file processing involved. ALPHATRAD FRANCE’S Services can be freely used with any medium with no time limitations, unless stated otherwise in the quote, and may be exploited in public media such as terrestrial radio, Internet or television broadcasting.

ALPHATRAD FRANCE reserves the right to revise the quote if some operations were not scheduled or if the Client makes any authorial changes.

The Client confirms a voice for each order. If, after the file has been sent back, this voice is no longer deemed to be satisfactory, the total value of the invoice will still remain payable. A fresh quote will be drawn up for a new recording.

If the Client asks for audio supports such as music or other items to be incorporated, s/he must ensure that the rights of any rights-holders, especially the SACEM, writers, publishers and composers, are adhered to. ALPHATRAD FRANCE is unable to accept any liability in this respect under any circumstances whatsoever.

The order will only be accepted after receipt of the signed quote accompanied by the order if this is necessary within the Client’s organisation and, where applicable, accompanied by payment of any sum on account.

Delivery is mainly by electronic mail with an MP3 or MP4 file, unless otherwise stated in the quote.

ARTICLE 10: ALPHATRAD FRANCE’S LIABILITY - CLAIM PROCEDURE

ALPHATRAD FRANCE hereby undertakes to provide Services which meet a certain standard.

Notice of any claims in relation to the quality of the Services must be served by registered letter with acknowledgement of receipt within eight days with effect from the date on which the Service was provided.

ALPHATRAD FRANCE hereby undertakes to process each claim within a period of no longer than thirty days.

The Client’s letter of complaint must state grounds and give specific, verifiable supporting details. Under no circumstances may a complaint be grounds for the refusal to pay for the Services and no claim for compensation may be made against ALPHATRAD FRANCE. ALPHATRAD FRANCE'S liability is strictly limited to the Services provided,

which means that the total value of ALPHATRAD FRANCE’S liability is limited to the total sum billed or the sum estimated by the insurance company which covers its liability.

ARTICLE 11: INTELLECTUAL PROPERTY

ALPHATRAD FRANCE’S intellectual property rights relating to the Services provided for the Client are owned exclusively by ALPHATRAD FRANCE. ALPHATRAD FRANCE remains the owner of the usage rights and the Client may not make any use of the Service provided until the invoice has been paid in full. Once the Service provided has been paid for in full, the Client may use and/or exploit these intellectual property rights to the Service provided under the conditions stated in the quote, i.e. either the rights are freely usable, on any medium and with no time limitation, or the use thereof is restricted.

ARTICLE 12: FORCE MAJEURE

In the event that it is impossible to carry out any one of the services agreed to by ALPHATRAD FRANCE due to a case of force majeure this may not be attributable to ALPHATRAD FRANCE and the company may not be held liable.

It is hereby specified that the following events are considered to be equivalent to cases of force majeure, although this list is not exhaustive:

  • A power cut and/or an Internet outage between the Client and the translator or interpreter, irrespective of the cause thereof, and any communication problem between the Client and the translator or interpreter;

  • An inability to use any equipment which is necessary to the providing of the Service;

  • Any problem relating to the interpreter’s transportation;

  • Any unforeseen illness suffered by the translator or interpreter, with proof thereof provided by a sick note drawn up by a doctor, either prior to or during the providing of the Services;

  • Any health-related situation relating to COVID or to any similar contamination.

ARTICLE 13: CONFIDENTIALITY

ALPHATRAD FRANCE hereby undertakes to keep any documents entrusted to the company and the content of anything which may be said during the providing of the Services confidential.

ALPHATRAD FRANCE hereby undertakes to obtain the same undertaking from the company’s translators, interpreters, dubbing operatives or any person who has performed or taken part in a Service.

ARTICLE 14: PERSONAL DATA

ALPHATRAD FRANCE collects and retains the personal data sent by its Clients securely, using both computer and physical security measures. The data is kept in files which are only accessible to ALPHATRAD FRANCE employees and the IT service provider working for ALPHATRAD FRANCE.

By contacting ALPHATRAD FRANCE, even for a simple request for Services, all Clients and visitors to the https://www.alphatrad.fr website and other ALPHATRAD FRANCE or OPTILINGUA group websites hereby accept that their e-mail addresses, surnames and first names, along with information about the Services requested, may be recorded by ALPHATRAD FRANCE. This data is used to send firstly the quote, information and updates about Clients' orders and secondly occasional information about the linguistic services provided by ALPHATRAD FRANCE. This data may be disclosed to any partners working with ALPHATRAD FRANCE who are in charge of the performance, processing, management and payment of orders. It is never disclosed to any third parties for advertising purposes.

The people involved may either unsubscribe or have their data deleted or rectified at any time by writing to the following address: info@alphatrad.com.

If there should be any security breaches ALPHATRAD FRANCE informs the people involved thereof and about the steps taken to overcome them within thirty days from their occurrence.

Data is kept for three years plus the current year. If, once this period of time has expired, no commercial relationship is recorded, it will automatically be deleted from the servers.

Data is kept at an external data centre located in a European Union member country, in accordance with the regulations on personal data protection.

ARTICLE 15: APPLICABLE LAW - LANGUAGE

These GCS and any operations resulting therefrom are both governed by and subject to French law.

These GCS are drawn up in the French language.

If they should be translated into one or more foreign languages, only the French text shall be deemed to be authentic in the event of a dispute.

 

  1. SPECIAL PROVISIONS APPLICABLE TO PRIVATE CLIENTS

ARTICLE 16: RIGHT OF WITHDRAWAL FOR OFF-PREMISES CONTRACTS

In the event of an off-premises Contract, in accordance with the law, the Client has a cooling-off period lasting for fourteen days with effect from the conclusion of the Contract. Within this period of time, the Client may exercise his or her right of withdrawal without having to give any grounds or pay any penalties by e-mailing ALPHATRAD FRANCE at info@alphatrad.com and stating that s/he wishes to withdraw, thus cancelling his or her order.

If the Client exercises the right of withdrawal, this implies that work on providing the Services has not commenced during the cooling-off period. If the right of withdrawal is exercised within the aforementioned period of time, only the price of the Services ordered is reimbursed, within a period of no longer than fourteen days with effect from receipt by ALPHATRAD FRANCE of notice of the Client's withdrawal.

However, if a Client wishes for ALPHATRAD FRANCE to commence work on providing the Services immediately without waiting for the end of the cooling-off period, s/he is duly informed that, due to this express request, and in accordance with article L.121-21-8-1d of the Consumer Code, s/he expressly waives his or her right of withdrawal for the service in question.

ARTICLE 17: LEGAL DISPUTES

Any legal disputes which might arise out of any purchase and sale operations concluded pursuant to these GCS, in relation to their validity, interpretation, performance, termination and consequences and which it has not been possible to resolve between ALPHATRAD FRANCE and the Client shall be submitted to the courts with jurisdiction under common law conditions.

The Client is hereby informed that s/he may have recourse to a conventional mediation process, such as the Commission de la Médiation de la Consommation (Consumer Mediation Commission - Consumer Code art. L 534-7) or any existing mediation bodies within the industry or any alternative method used to settle differences (e.g. conciliation) in the event of a dispute.

 

ARTICLE 18: PRE-CONTRACTUAL INFORMATION - THE CLIENT’S ACCEPTANCE

The Client hereby acknowledges that, prior to the placing of the order, s/he was sent a legible, comprehensible copy of these GCS and any information and details covered in articles L.111-1 to L.111-7 of the Consumer Code, and the following in particular:

  • the essential characteristics of the Services, given the communication medium used and the Service in question;

  • the price of the Services and any ancillary costs (e.g. equipment);

  • if the Contract is not to be performed immediately, the date by or the period of time within which ALPHATRAD FRANCE undertakes to deliver the Service;

  • information about the identity of ALPHATRAD FRANCE, the company’s postal, telephone and electronic contact details, and its business activities, if they are not obvious from the context,

  • information about any legal and contractual guarantees and the procedures for their implementation;

  • the opportunity for recourse to a conventional mediation procedure in the event of a legal dispute;

  • information about the right of withdrawal (its existence, conditions, time limit, the procedure for exercising this right and the standard withdrawal form), the procedures for termination and other important contractual conditions (see article 16 above).

If a physical person places an order on the ALPHATRAD FRANCE website at https://www.alphatrad.fr, this implies an undertaking to abide by these GCS and full acceptance thereof, which is expressly acknowledged by the Client who, amongst other things, waives the right to claim the benefit of any stating otherwise, which will not be binding upon ALPHATRAD FRANCE.

 

  1. SPECIAL PROVISIONS APPLICABLE TO BUSINESS CLIENTS

ARTICLE 19: CATEGORY-SPECIFIC GENERAL CONDITIONS OF SALE

Any details which appear in ALPHATRAD FRANCE catalogues, prospectuses and price lists are given for information only and may be revised at any time.

ALPHATRAD FRANCE is entitled to make any changes it may deem appropriate to them.

ALPHATRAD FRANCE may, furthermore, decide to draw up Category-Specific General Conditions of Sale, making exceptions to these General Conditions of Sale, depending upon the type of Business Client in question, determined upon the basis of objective criteria.

In this case, the Category-Specific General Conditions of Sale apply to all Business Clients which meet these criteria.


 

ARTICLE 20: NON-ENFORCEABILITY OF BUSINESS CLIENTS' OWN GENERAL PURCHASING CONDITIONS

These General Conditions of Sale are expressly approved and accepted by the Business Client, who hereby declares and acknowledges full familiarity with them and, as a result, waives the right to claim the benefit of any stating otherwise and, in particular, his or her own general purchasing conditions, which shall not be binding upon ALPHATRAD FRANCE, even if ALPHATRAD FRANCE has been made aware of them.

ARTICLE 21: NO OFFSETTING OF NON-RECIPROCAL RECEIVABLES OR DEBTS

Unless expressly agreed in advance and in writing by ALPHATRAD FRANCE, and provided that the reciprocal receivables and debts are unquestionable, liquid and payable, the Business Client may not carry out any valid offsetting of any penalties for late delivery in the providing of the Services ordered or non-compliance with the order, in the first place, and any sums owed by the Business Client to ALPHATRAD FRANCE for the purposes of the purchasing of the aforesaid Services, in the second place.

ARTICLE 22: LEGAL DISPUTES

Any legal disputes which might arise out of any purchase and sale operations concluded pursuant to these GCS, in relating to their validity, interpretation, performance, termination and consequences and which it has not been possible to resolve between ALPHATRAD FRANCE and the Business Client shall be submitted to the Commercial Court of Nanterre; for legal disputes with private clients, common-law rules apply