Terms and conditions for sales: professional customers / Dealers
Orders to: ATMB Marine
ATMB Marine Sarl
Office: 8 bis rue de la Source - 92000 NANTERRE - France
Tel.: 33 141 187 518
SIREN 477 488 324 - APE: 4669 B - TVA Nr: FR2447748832400039
Any order implies on the part of the customer the full acceptance of these terms and conditions of sales. None of the clauses on purchase orders or correspondences that come to us from our customers can, therefore, deviate from them, unless otherwise stipulated agreed in writing with the customer. These terms and conditions of sale may be supplemented by categorical terms and conditions or specific conditions of sale under the terms of the current regulations.
Studies / Advise / Recommendations
The studies and recommendations are carried out on the basis of the information provided by the client. It is up to them to verify them and have them checked that they take into account the rules of the art and the specific requirements for the use of the products. All recommendations made by ATMB Marine are based on the data provided by the customer. If the information provided is incorrect, this may affect the outcome of the study. Any claim will therefore not be admissible and will be refused.
Prices listed in our offers may be subject to conditions or a validity period. In the event of a market or orders with successive executions or with deliveries staggered over time, our prices may be revised according to changes in costs, raw materials and transport costs. Unless otherwise agreed in writing, our prices are always for goods sold and approved to leave factory or departure from our warehouses. All the pricing conditions of our products are available on the website or from our agencies. Management fees for the establishment of any invoice as well as additional services corresponding to the delivery of goods, consignment and resumption of pallets are also likely to be charged to the customer.
Delivery - Transport
The goods travel at the risk of the professional customer, the customer must be present and control the goods in the presence of the carrier. If at the time of receipt there is any doubt about the condition of the goods, the customer must refuse the delivery and specify on the transport slip "damaged goods" he will have to provide us with a copy of the completed transport voucher and a photo of the parcels. Otherwise, no recourse will be possible. No claim can be accepted, or any claim will be possible with the carrier once the receipt is accepted by the customer.
If the customer is absent at the time of delivery, the goods may be unloaded at his own risk. For professional customers, delivery delays may not result in any penalty or compensation, nor can they justify the cancellation of the order. In the event of a refusal to take delivery or non-removal of the goods ordered, our company will be able to dispose of it 8 days after notification by letter recommended with request for notice of receipt ("LRAR"), which has not been effective. It will then retain the instalment paid as compensation except for goods ordered specifically for the customer, for which the customer will remain liable for the full sale price and ancillary costs, without prejudice to any other damages which it may claim in any event.
The customer is committed to complying with all applicable laws and regulations. Unless otherwise agreed upon when the order is accepted or by application of a legal provision, goods supplied and accepted are not taken back or exchanged. In the event of a non-compliant delivery to a professional customer, any complaint must be made to us by LRAR within 8 days of the delivery of the goods. Complaints about the apparent non-compliance of our goods are only considered before any installation or installation. It is up to the customer to be aware of the product labelling, technical sheets, installation recommendations and any mention on the product or its packaging before the product is installed or installed. For supplies of certain products (including: propellers, propeller shafts and any products that have been specially ordered…), these products will not be subject to a return or exchange under any circumstances. The scope of our commercial guarantees cannot exceed those granted by our manufacturers. These guarantees are valid subject to a compliant and normal use of the goods, compliance with the technical requirements contained in our assembly instructions and the recommendations of the manufacturers. Excluded from the commercial warranty are the replacement of consumables as well as malfunctions related to a maintenance defect and/or normal wear of goods,a failure of Assembly or a use other than that for which the product is normally intended. In any event, our liability is limited to the order amount. In the case of an order subject to several deliveries, our liability will be limited to the amount of the part of the order at the origin of the dispute. In any event, the limit of liability will apply to the exclusion of any other compensation of any kind and in particular to the exclusion of compensation of any immaterial harm which would be the consequence, direct or indirect, of the defect of the goods. ATMB Marine cannot be held responsible for the consequences of a defective assembly of the products sold, nor for the consequences of their use for any purpose other than the one for which they are ordinarily intended. For products with an anomaly our responsibility is limited to repair where possible, or replacement of the product after examination in our workshops.. No diagnosis or intervention is possible on site. Any product deemed to still be under warranty and subject to a claim must be returned to our deposit after prior approval of our services and the provision of a Return Number. None compensation cannot be claimed regardless of the harm suffered or the context invoked.
Recall of the consumer customer's rights french law only:
By exception to the above provisions and regardless of the possible commercial guarantee, our company as a seller is required, to its consumer customers, defects in the compliance of the goods under the meaning of Articles L.217-4 and the following of the Consumer Code and defects of the thing sold within the meaning of Articles 1641 and following of the Civil Code:
Guarantee of Compliance:
Article L.217-4 of the Consumer Code: "The seller delivers a property in accordance with the contract and responds to the defects of compliance that exists at the time of the issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.
Article L217-5 of the consumer code: "The property complies with the contract:
- If it is suitable for the usually expected use of a similar property and, if so:
- Whether it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model,
- If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- Or if it has the characteristics defined by the parties or is specific to any special use sought by the buyer, brought to the seller's knowledge and which the seller has accepted. »
Article L 217-12 of the Consumer Code: "Action resulting from non-compliance is prescribed by two years from the issuance of the property."
Article 1641 of the Civil Code: "The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the purpose for which it is intended, or which diminish this use so much that the purchaser would not have acquired it, or would have given only a lower price, if he had known them."
Article 1648 al. 1 of the Civil Code: "The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect."
Ownership of the goods will be transferred to the customer after complete payment of their price and accessories. In the event of the resumption of the goods under this clause, all sums already paid by the customer will remain acquired by our company as damages. In the event of a loss affecting the goods sold, the object of the property reserve clause, and which remain unpaid, our company will be able to claim from the customer or his insurer the benefit of the insurance allowance paid.
Payment and Terms
Our invoices are payable in cash, unless waived, and without discount. However, the payment of periodic invoices, within the meaning of the I of Article 289 of the General Tax Code, may not exceed 45 days from the date of issuance of the invoice. Any challenge to billing must be made in writing within 15 days of the customer receiving the invoice, or risk inadmissibility. Our company may, in the course of executing a contract or a successive order, and in consideration of its financial situation, ask the customer for a guarantee of payment of the price of goods delivered or delivered. In the event of a default on payment at maturity or a refusal to accept our trade effects, all of our receivables will become due, without prior notice. In addition to the full application of a lump sum compensation for recovery costs of 40 euros due by any professional client, the sums due will be given as of right and without prior notice to the application of late penalties equal to the last refinancing rate of the European Central Bank plus 10%, due the day after the settlement date. The costs of any litigation will be borne by the client.
Any default at maturity will result, unless deferral granted by our company, regardless of the method of settlement provided, the full application of compensation equal to 15% of the unpaid amount.
In the event of the customer's failure to pay the sums due or the refusal to accept our commercial effects, our company will have the option to suspend and/or resolve all or part of the current orders, sales or current accounts of supplies concluded with him, without prejudice of any damage-interest, and this 5 working days after receiving a notice concerning this clause remained ineffective and addressed to the customer by LRAR.
The order and the present terms and conditions of sale which are an integral part of it are governed by French law. In the event of a complaint, we invite you to make your request to our company's customer service priority by LRAR at our head office, ATMB Marine - 8 bis rue de la Source - 92000 NANTERRE or directly from the establishment from which your order was placed. months When the customer acts as a professional, express jurisdiction is assigned to the Nanterre Commercial Court - top of the defendants notwithstanding plurality of defendants and/or appeal for guarantee, even for emergency procedures or conservatory procedures in referral or application.
The personal data provided to our company by the customer is aimed at the proper execution of orders, the management of commercial relations, the improvement of the quality of the products and services offered, to establish commercial statistics and/or to enable it to benefit from the offers of our company, the companies of its group and, if necessary, its business partners. The customer consents to the use of his data by the recipients stated above. In accordance with applicable personal data protection regulations, the customer has the right to access, rectify, delete and object to personal data about him, which he can exercise by writing to the headquarters of our company.
These terms of sale are deemed to be accepted by electronic signature before any order accepted by our company. Any professional customer recognizes and accepts and adheres to these conditions with full knowledge of the facts.
Conditions for professional customers - ATMB Marine December 2020
Office: ATMB Marine - 8 bis rue de la Source - 92000 NANTERRE