These
General Terms of
PREAMBLE
Paramotor is an ultra light. To use it in
Assembling and starting procedures are precise (see
user manual). Whatever the engine enables the paramotor to do, always remember
to stay in the adequate aerology and flight envelope.
It is not a mean of transport, nor a sport or record
machine, nor a speed or acrobatics aircraft.
The only uses one can reasonably expects are :
-The discovering of the 3rd dimension
-Activities like air rally, observation or aerial
photography.
Even thought it is the easiest aircraft to learn and
to pilot, it must be considered as a normal aircraft. It needs an ad hoc
knowledge of piloting and flight envelope, a good knowledge in mechanics
(particularly in case the proprietary services it by himself) and a very good
knowledge of meteorology and aerology.
All other kinds of aerial uses or flights, would not
offer enough safety and could bring about injuries to pilot or other people or
could damage their goods or jeopardy their lives.
GENERAL
TERMS OF
1-APPLICATION
The following clauses apply to the contract, except in
writing dispensations explicitly agreed by both parts.
The aircrafts designation complies with the technical
record registered at the Ministère des Transports
("aircraft" means : a full and
indivisible set made of a paraglider + a harness + an engine all from
All order means full and without reserve acceptation
of the present terms.
2-ORDER VALIDITY
Orders are registered at the company's headquarters.
They are valid only after acceptation of the buyer's order, together with his
deposit and are only subject to
The manufacturer is only engaged by the collection and
the achievement of the deposit corresponding to the order.
3-DELIVERY
The aircrafts and/or spare parts are delivered on the
manufacturing site of the company, taken to pieces and packed away. This
delivery is submitted to the full payment of the corresponding invoices.
The estimated delivery date is the one written on the
order only when it is confirmed in-writing by the manufacturer. The
manufacturer is not bound by all fortuitous events, in case of force majeure or modifications set forth by the relevant
authorities.
A deferment due to a new and/or additional buyer's
demand likely to delay the aircraft delivery, will
never be considered as a delay.
4-SHIPMENT
Packing and shipment shall be paid in all cases by the
buyer, made by
5-RESPONSABILITIES TRANSFER AND AIRCRAFTS AND/OR SPARE
PARTS TAKING AWAY
The acceptance of goods shall be made by the buyer or
his mandatory 15 days at the latest after manufacturer's notice. After this time,
the aircraft and/or spare parts responsibility is transferred to the buyer who
automatically becomes caretaker of the goods.
6-MODIFICATIONS
The manufacturer reserve the right to bring, without
notice, all modifications to aircrafts and/or spare parts he deems expedient to
improve or strengthen safety, reliability or imposed by the ad hoc or competent
authorities.
The repercussions of these modifications on the
delivery time and specifications shall not involve cancellation of the order,
except cases mentioned in article 11 'cancellation"
7-PRICES
All prices are ex works, all French taxes included,
except all other fees.
Net prices duty free make reference, in case of
modification of a fiscal or parafiscal regulation,
customs fees, reevaluation or devaluation.
In all cases (and in opposition to all what could be displayed),
shipment charges shall be added to all items ordered by end customers on the
8-PAYMENT TERMS
The price written on the order will be paid like follows :
-30% deposit on order
- outstanding balance when
aircrafts and/or spare parts are made available by the manufacturer.
Orders from individuals notably by the internet, shall be paid 100% on order, including shipment
fees.
In case of late payment and according to law N° 92-1442,
enforceable penalties will be calculated on the outstanding balance, multiplied
by the legal interest rate increased by 50%.
9-GUARANTEE
The auxiliary engine for paraglider manufactured by
Adventure, benefits from the legal guarantee of conformity (L211-1 to L212-1 of
the French "code de la consommation" and
from the legal guarantee against hidden defect (art 1641 to 1649 of the French
"civil code").
These guarantees take effect at the delivery date by
Adventure or by an Adventure reseller.
The guarantees only apply in the frame of aircraft
operations strictly complying with the user manual and all technical document
laying down the usage conditions of the aircraft delivered to the buyer (see
preamble).
The non-observance of the civil aviation code and other
related texts, with an accident or an incident as a consequence, exempt the
manufacturer of all guarantees towards the operator in violation. The normal
wear-out of renewable parts is not guaranteed in any cases.
Any modification of the aircraft and/or spare parts by
the buyer shall lead to the loss of the guarantee by Adventure if the
modification has not been approved in-writing by Adventure. The guarantee
covering the engine and its accessories shall be applied at the conditions and
in the limits determined by the engine manufacturer.
The obligations listed above make the limits of the
guarantee granted by Adventure.
All guarantees are suspended in case of lack of
payment of the vendor's invoices, qualified buyer's (or one of his agent) ill
will, in case of intervention made by non Adventure staff or in case of parts
addition or non adapted propellers or not compliant with technical
specifications.
Exclusions of guarantee :
those listed in the maintenance manual (notably engine seizures, starters, batteries)
and/or parts addition not being genuine Adventure parts (notably propellers).
The guarantee is vested after expertise by the company
of the parts or elements supposed to be awry.
10-RESPONSIBILITY
Adventure powered paragliders and their accessories
being sold taken to pieces and the assembly being the buyer's responsibility,
Adventure's responsibility will never be engaged in case of aircraft assembly
not conform and notably the propeller assembly. The company is only committed
on parts manufacturing hidden defects or subsets made by herself.
The company is responsible of aircrafts corresponding
to the technical record registered at the SFACT, but declines any
responsibility as for the assembly of Adventure engines with paragliders not
corresponding to her technical records, or the contrary.
11-CANCELLATION
The manufacturer shall cancel any order as soon as a
foreign reason not under control substantially modifies the manufacturing
conditions or the manufacturing costs, in a way the time or the price shall
exceed the deadline in the contract.
In case the aircraft and/or spare parts has not been
totally paid 15 days after formal notice by recorded letter, Adventure reserves
the right to cancel the sale.
12-RESERVATION OF TITLE
By express agreement, the goods and/or aircrafts
remain Adventure's property until the last day of their total payment, in
accordance with law n° 80-335 of 12.05.80.
However, the delivery being made, the buyer shall be
the sole and only responsible of the loss or deterioration of the goods.
13-LAW AND ARBITRATION
This contract is governed by French Law. All dispute
or litigation related to this contract shall be the responsibility of the
Tribunal de Commerce de Paris.
The parts to the contract pledge to submit litigations
that could occur within the frame of this contract according to the article
1442 and following of the CPC, to the arbitration. A ref shall be designated by
the parts, according to the arbitration rules of the