These General Terms of Sale are written in French and in English. In case of litigation, only the General Terms of Sale written in French will be taken as evidence.

 

 

PREAMBLE

 

Paramotor is an ultra light. To use it in France, you must have an Ultra Light pilot license, in the paramotor category. A paramotor is made of a paraglider, a harness (or adapted seat) and an engine.

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 SALE

 

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 Adventure).

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 Adventure's General Terms of Sale.

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 Adventure, except in the case of goods taking away by the buyer in the manufacturer premises. Goods are shipped under the sole and only buyer's risk. The recipient shall check the goods upon products receipt and make all claim to the carrier, with recorded copy sent to Adventure's address. No claim will be acceptable 8 days after delivery date.

 

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 Adventure e-commerce website.––

 

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 Paris Chamber of Commerce.