General Terms of Sale
Article1 – Purpose
These terms are intended to clarify the terms and conditions under which the office of industrial property Prugneau-Schaub (hereinafter « Prugneau Schaub ») provides its clients with consulting services for, support, representation and writing for the procurement, maintenance, operation or defense of industrial property rights and / or ancillary rights (hereinafter « the Services »).
Article 2 – Definitions
« Customer » means the person or company in the name and on behalf of whom Prugneau Schaub provides the services defined in the Contract;
« Contract » means all contractual documents governing the rights and obligations of the Parties under the Services provided by Prugneau Schaub to the Customer;
« Work » means the financial proposal submitted by the Customer Prugneau Schaub given the nature of the services envisaged;
« Parties » means Prugneau Schaub and the Customer;
« Services » means all the missions of advice, assistance, representation and / or writing executed by Prugneau Schaub in the name and on behalf of the Customer, in accordance with the Contract.
Article 3 – Conditions for the services provided by Prugneau-Schaub
Services provided by the Prugneau-Schaub are subject to legal and regulatory rules establishing the conditions for the exercise of the profession of industrial property. Prugneau Schaub may refuse to respond to an application for benefits on grounds of ethical order, especially in the presence of conflicts of interest.
For reasons of efficiency in monitoring the Client, the services are performed by the firm, namely by a team in it, under the responsibility of a Patent Attorney.
Article 4 – Application – Enforceability
These Conditions shall replace the previous ones. They may themselves be subject to new versions, Prugneau Schaub reserving the right to at any time and without notice to any amendment necessary.
Unless formally express emanating from Prugneau Schaub Notwithstanding, these Terms and Conditions are only applicable to services provided by the Customer Prugneau Schaub. It is possible to derogate from it by adopting duly accepted by agreement specific conditions.
The written estimate prepared by Prugneau Schaub against the benefits envisaged acceptance implies full and unconditional acceptance by the Customer of these Terms and Conditions which he acknowledges.
Any other provision which would be opposed by the Customer shall, unless expressly accepted Prugneau-Schaub, unenforceable regardless of the time it could have been brought to its attention.
That Prugneau Schaub does not prevail at a given moment, of any contractual provisions can not be interpreted as a waiver rely later.
Article 5 – Contract
The contract comes into force at the earliest date of acceptance of the Work prepared by Prugneau-Schaub, lodged in writing by the Client.
For fee-based operations, Prugneau Schaub sends the Client brochure rates in effect and, therefore, the contract comes into effect once the Customer sends instructions to Prugneau Schaub.
In the absence of express agreement of the Customer accepts the Agreement may, in very exceptional, result from scripts when customary contractual relationship between Prugneau Schaub and Customer warrant.
Article 6 – Nature and termes of the services provided
6.1. Nature of the services provided
Prugneau Schaub provides benefits advice, assistance, representation, drafting consultations and acts under private deed for the procurement, maintenance, operation or defense of industrial property rights and / or ancillary rights of the Customer. These services include, without limitation:
- analysis of portfolios of patents, trademarks, designs and domain names;
- research prior art for patents, trademarks, designs, copyrights and domain names;
- patenting, trademarks and designs and monitoring their process of obtaining or registration;
- monitoring of patents, trademarks and registered designs and monitoring among the domain names;
- keeping track of patents, trademarks and patterns: annuities, renewal, registration of changes in their own offices concerned with whatever the geographical location;
- negotiation of agreements and / or redemptions of industrial property rights; the organization and monitoring procedures for seizure of counterfeit goods;
- booking and renewal of patents, trademarks, designs and domain names
6.2. Conditions in which the Deliverables
6.2.1. Prugneau Schaub is committed to implement all the means necessary for the proper performance of the Services and, in particular, act as in compliance with the laws and regulations in force within the limits of the mandate entrusted to it by the Customer . As a result, services performed by Prugneau Schaub do not fall in any way the legal concept of obligation of result, but the only obligation.
6.2.2. Some benefits may, because of their nature, subject to definite timelines previously agreed between the parties.
6.2.3. When warranted, the performance of the Services results in the writing of a report sent by the Customer Prugneau Schaub.
Article 7 – Financial conditions
7.1. Fees, Costs and Charges
7.1.1. Fees Services provided by the Prugneau Schaub lead in principle to fees charged on the basis of a package or, failing that, by applying an hourly rate.
The billing method used is determined by mutual agreement between the Parties. It is mentioned in the Quotation prepared by Prugneau Schaub and duly accepted by the Client.
The fees charged are determined by the nature of the benefits. Some benefits are subject to fixed rates.
These services priced by forfeit concern:
- deposits and renewals of patents,
- trademarks and designs in France and abroad;
- entries in the register of patents,
- trademarks and designs in France, at the EPO, OHIM and at WIPO;
- opposition in France and at the EPO and OHIM;
- availability searches in France and abroad;
- all checks in France and abroad;
- reservations domain names.
Besides compensation Services performed, the Parties may agree to a supplementary fee depending on the result or the service rendered.
7.1.2. Fees and Charges Disbursements, expenses and administrative costs incurred by proportional Prugneau-Schaub for performing the Services in France or abroad are charged to the customer. They are not included in the fee.
The Services are subject to invoices sent to the Customer. Invoices are distinctly out the fee on the one hand and disbursements and fees and charges on the other. They also indicate the amounts previously received as advances or payment. Invoices are payable within 30 days end of month from the date of issuance, net and without discount, check or bank transfer only.
7.3. Late payments
Any delay in payment will run automatically and until full payment, default interest calculated on the basis of one and half times the legal rate of interest in effect. The costs of any proceedings for the recovery of litigation fees shall be borne by the Client. Failure to pay one or more bills may be, if not negotiated a case of suspension of the mission Prugneau-Schaub, extending the suspension of all pending files for Client seen until the situation is not corrected.
Any dispute relating to the amount of invoices or execution of the corresponding benefits is admissible only if it is made, at the latest, within fifteen days from the date of invoice. In any case, unless it is done in pursuance of the provisions of Article.
Article 8 – Obligations of the Parties
8.1. Customer Obligations
The Customer undertakes to provide Prugneau Schaub fair and honest information, and to send all the elements necessary for the provision of an appropriate benefit. Particular, he undertakes to inform its activities and projects, the state of the art and the state of competition. In this regard, all original documents provided to Prugneau-Schaub are photocopied and returned to the Client upon request.
It is committed to preventing Prugneau Schaub of any changes to the information provided and shall be solely responsible for any damage that may result from incorrect or incomplete, the failure to submit documents necessary to accomplish the mission of information Prugneau-Schaub, or lack of receipt in good time, whatever the cause.
The Client is solely responsible for the choice of the industrial property it acquires through Prugneau Schaub. He agrees, therefore, with no recourse under this head against him.
8.2. Bonds Prugneau Schaub
For reasons of its own, including ethical, let alone if it is impossible, Prugneau Schaub is free to refuse to pursue a warrant, except to immediately advise the customer and give him the information that may be required a state of emergency. In case of acceptance of office, Prugneau Schaub must observe the rules of prudence and diligence required to safeguard the interests entrusted by the Client. Prugneau Schaub is notably responsible for:
- meet the intent of the mandate entrusted to him;
- keep the Customer informed of the progress of the Services;
- seek the Client’s instructions whenever a decision has to be taken in a situation likely to result in a loss of rights;
- refrain in the same case, advise, assist, represent clients with opposing interests, except to act as mediator, and;
- observed in all circumstances, privileged.
Article 9 – Duration of the performance and divestiture
9.1. Duration of the service
Benefit continues until the customer provides his confidence Prugneau Schaub.
The Customer has the right to relinquish anytime Prugneau Schaub of the Services for which he had commissioned. This divestiture will take effect three months after receipt of the letter with request for acknowledgment of receipt issued therefor mail.
Moreover, in case of default by the Client fees, charges and expenses charged by Prugneau Schaub and after the Customer has been duly warned, Prugneau Schaub will be deemed withdrawn from all services for which it was mandated by Customer and discharged from all liability in respect of losses due rights to the fees could not be paid accordingly.
Whatever the reason for the divestiture Prugneau Schaub returns to the Client or the new agent of it all official documents deposited with him and all documents and information necessary for the execution or completion of the services for which he had been instructed to receipt of outstanding amounts invoiced for balance.
Article 10 – Notifications
The Parties shall transmit information provided under the Contract according to the method of their choice: by letter, fax, email, or even orally. If applicable, this information is subject to confirmation by mail or e-mail with or without a request for acknowledgment of receipt.
As an exception to the preceding paragraph, any decision of the client to divest Prugneau-Schaub of its mandate must, under penalty of unenforceability, be evidenced by recorded delivery letter.
Article 11 Applicable law – Jurisdiction
11.1. These Terms and Conditions of the Contract all are subject to French law.
11.2. The Parties shall endeavor to seek an amicable solution through a process of mediation in any dispute that may arise from the formation, interpretation or performance of the Contract. Otherwise, the dispute is submitted to the exclusive jurisdiction of French courts, despite multiple defendants or warranty. In any event, no action, regardless of the nature, grounds or terms arising from the Agreement, may be brought by the parties more than two years after the occurrence of the chargeable event.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]