Terms and Conditions
Statut de la société : SAS
Nom de la société : MULLER AUTOMOTIVE
Numéro d'immatriculation : 910 431 378 000 33
NAF : 3312Z
Nom du (des) responsable(s) : Benoit Du Rieu de MAYNADIER
Adress : 33 avenue de la Vertonne
Zip code : 44120
City : VERTOU
Region : Loire-Atlantique
Country : France
phone : +33(0)237333400
Email : [email protected] firstname.lastname@example.org
URL : www.mullerautomotive.fr
Technical Manager : Sylvain Chevallier - Web-IA
Email (technical) : email@example.com
Design, technical realization:
Web-IA - https://www.web-ia.com
Graphic design: Lionel Hérard
Lionel Hérard for Web-IA
Project Manager :
Antoine Tirouflet for Web-IA
Web IA – https://www.web-ia.com
Legal dispositions :
The various elements of the website (form, layout, content, structure) are protected by design rights, copyright, trademark rights and image rights and may not be copied or imitated in whole or in part without the express permission of MULLER AUTOMOTIVE
Any person who does not comply with the legal provisions is guilty of the offense of counterfeiting and is liable to the criminal penalties provided for by law.
This site constitutes a work within the meaning of articles L. 111.1 and following of the Intellectual Property Code. The photographs, texts, logos, pictograms, as well as all works integrated into the site are the property of MULLER AUTOMOTIVE or of third parties having authorized MULLER AUTOMOTIVE to use them. Reproductions, transmissions, modifications, reuses, on paper or computer, of the said site and of the works reproduced therein are authorized only for personal and private use in accordance with the provisions of Article L 122-5 of the Intellectual Property Code. These reproductions must therefore clearly indicate the source and author of the site and/or these multimedia works.
Under no circumstances can these reproductions prejudice the rights of third parties. Reproductions, transmissions, modifications, reuse for advertising, commercial or information purposes, of all or part of the site, are totally prohibited.
The databases are protected by the law of July 1, 1998 and the French copyright regime.
Establishment of links to the site www.mullerautomotive.fr
www.mullerautomotive.fr authorizes the installation of a hypertext link towards the site www.mullerautomotive.fr for all the Internet sites, with the exception of those diffusing information with polemical, pornographic, xenophobe character or being able, to a greater extent to attack the sensitivity of the greatest number.
The pages of the site www.mullerautomotive.fr must not be integrated into the pages of another site (Frame). Unless specific authorization may be granted on a case-by-case basis.
The request to establish a hypertext link from the site www.mullerautomotive.fr must be made by e-mail to: firstname.lastname@example.org, www.mullerautomotive.fr reserves the right to request the removal of a link if it considers that the destination site does not respect the rules thus defined.
Links to third party sites from www.mullerautomotive.fr:
MULLER AUTOMOTIVE cannot be held responsible for the hypertext links within the site leading to other sites and/or personal pages and, in general, to all existing resources on the Internet, as regards the links they contain or the changes or updates made to them.
All rights reserved ©www.mullerautomotive.fr 2023. All pages of the site "www.mullerautomotive.fr" are protected.
All rights of reproduction and distribution reserved. ©www.mullerautomotive.fr 2020.
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GENERAL CONDITIONS OF SALE AND SERVICE - MULLER AUTOMOTIVE SAS
1.1 The present General Conditions of Sales and Services ("CGVP") shall apply by operation of law to all orders for Equipment and services on request and/or according to the contract, placed by the "Customer" with Muller Automotive SAS - RCS Nantes - SIREN 910 431 378 (hereinafter referred to as "Muller Automotive"). The Customer and Muller Automotive are hereinafter referred to as "the Parties".
1.2 These GCP are attached to the Quotation, Order Acknowledgement (AOR), Invoice and to the service contract and/or intervention report, the receipt and/or signature of which implies the Customer's unreserved acceptance of these GCP.
- Services - Contracts
2.1 The services are maintenance, and/or servicing, calibration, repair, performed at the request of the Customer and/or for which a service contract has been signed by the Customer.
2.2 Within the framework of these services, Muller Automotive will only intervene in Metropolitan France, Corsica and Monaco. The services for equipment sold in the French overseas departments and territories and abroad shall be performed by the local distributor/importer and Muller Automotive shall therefore not be held responsible for them, as Muller Automotive's business relationship with the distributor/importer cannot be considered as a subcontracting relationship.
2.3 These GPCS are supplemented for technical control maintenance contracts by special conditions for service contracts (see DOC-C-26). Muller Automotive holds the following approvals: 22 07 851 006 1 and its renewal decisions for the periodic verification of gas analysers and 22 07 852 007 1 and its renewal decisions for the verification of opacimeters.
2.4 When the replacement of a spare part or accessory proves necessary, Muller Automotive shall freely opt for the repair or the replacement of this part by a material of equivalent quality.
2.5 The opening hours of the service office are 8:30 a.m. to 12:30 p.m. and 2:00 p.m. to 5:30 p.m. from Monday to Friday, except on public holidays.
2.6 Any technical intervention or downtime of the equipment does not change the initial duration of the service contract and does not entitle to the loan of a replacement equipment.
2.7 To be guaranteed, the services must be validated on the day of the intervention by the Customer's signature on the Technical Intervention Report ("TIR").
2.8. The warranty on spare parts is 6 months excluding consumables such as lamps, fuses, filters, cords, oil, batteries, cables, plotters, ink cartridges etc...)
2.9 Excluded from the contracts are all interventions made necessary by a cause external to the equipment (power supply, water damage, lightning, falling material, etc.) as well as use that does not comply with the instructions for use, or a material change resulting from a regulatory change or a change in the environment in which the equipment is installed, or any act of vandalism or malicious damage and any failure to maintain and use the equipment normally.
- Duration - Termination Contracts
3.1 The contract is concluded for a minimum period of one year. It will be tacitly renewed for successive one-year periods.
3.2 The contract may be terminated by either party within two (2) months prior to its expiration date, by registered letter with acknowledgment of receipt (LRAR). Failing this, the contract will be tacitly renewed under the above-mentioned conditions.
3.3 Termination of the contract, for any reason whatsoever, does not entitle the Customer to a refund of the fixed fee paid.
3.4 With the exception of termination at the end of the contract period as provided for in article 6.2, any termination of the contract, for any other reason whatsoever, will result in the mandatory payment of a processing fee of 180 euros HT and if necessary the payment of the totality of the balance of the current contract.
- Obligations of the Customer
The Customer undertakes, at his own expense, to:
4.1 Source and use materials in accordance with the manufacturer's and/or Muller Automotive's instructions and specifications.
4.2 Allow free access of Muller Automotive's representatives to the equipment during the agreed hours of intervention and ensure that each intervention can be carried out in compliance with the standards and regulations in force, in particular as regards health and safety.
4.3 To ensure the presence of at least one of the Customer's employees on the intervention site during the performance of Muller Automotive's services.
4.4 Prior to Muller Automotive's intervention, Muller Automotive shall put in place the means necessary for the performance of the service and in particular access to the energy and information networks, the supply of electric current, air, etc.
4.5 Do not use or cause to be used the equipment that is mobilized for the performance. A Technical Inspection must be closed in order to perform the Annual Inspection.
4.6 Not to allow a third party or a technical service other than that commissioned by Muller Automotive to carry out or have carried out any work of any kind on the equipment contractually maintained by Muller Automotive. Any external technical intervention causes the Customer to lose the benefit of its guarantee and could render the operations linked to the service contract inoperative.
4.7 Be insured and possess a valid Civil Liability.
- Responsibilities of Muller Automotive
5.1 Muller Automotive undertakes to carry out its interventions with all reasonable care and diligence possible in the state of the art, under an obligation of means.
5.2 Muller Automotive shall not be liable for any loss of time or inconvenience caused in the performance of its services. Muller Automotive shall in no case be liable for any damage resulting from a fault, negligence or omission on the part of the Customer and in particular the failure of the Customer to comply with the standards and regulations in force or with the instructions and recommendations relating to the use of the equipment given by its manufacturer or by Muller Automotive, as well as for damage resulting from interventions carried out by any third party or intervener not commissioned by Muller Automotive
- Offers - Quotes - Catalogues
6.1 Les offres commerciales et les devis ont une durée de validité d’un (1) mois à compter de leur date d’émission et ne sont pas contractuels.e
6.2 Descriptions of any kind (weights, dimensions, engravings of equipment, etc.), photos and diagrams appearing in Muller Automotive's catalogs, paper or internet, are not contractual.
7.1 The purchase of equipment from Muller Automotive shall be the subject of an order form on the Customer's letterhead, dated and signed by him. The order form includes all the Equipment, parts and accessories ordered (product reference and quantity), the unit price excluding VAT and including VAT, the delivery address and any particular manufacturing specifications specific to the Customer.
7.2 Muller Automotive shall only be bound to the Customer insofar as the Customer's order has been expressly accepted by Muller Automotive and is the subject of an Order Acknowledgement (AAR).
7.3 The order must be placed and sent to Muller Automotive by mail or e-mail to adv@Mullerautomotive.fr
7.4 In case this order is subject to a deposit, it will only be taken into account by Muller Automotive on the day of receipt of the said deposit. Any delay in the payment of this deposit may lead to a delay in delivery at the Customer's risk for which Muller Automotive shall not be held responsible.
7.5 Any modification, partial or total cancellation of the Customer's order may only take place within a maximum period of 8 (eight) days from the date of receipt by Muller Automotive of the initial order form, except in the event of a better agreement between the Parties and an extension of the delivery time. Muller Automotive reserves the right to charge the Customer for the materials supplied, labour costs and any expenses incurred by Muller Automotive in the preparation and/or execution of the cancelled or modified order.
- Warranty - Claim
All complaints will be handled according to our PRO-A-03 procedure, complaints can be sent by post or email to the following address qualite@Mullerautomotive.fr
8.1 All warranty claims must be accompanied by the Customer's proof of purchase and installation invoice.
8.2 All new Equipment is guaranteed for between twelve (12) and twenty-four (24) months from the date of its installation, depending on the range and brand of Equipment.
8.3 All Equipment delivered shall be examined by the Customer to ensure that it conforms to the order.
8.4 In the event of a complaint relating to an apparent defect or non-conformity of the Equipment delivered, the Customer must inform Muller Automotive within eight (8) days of delivery at the latest at the following address qualite@Mullerautomotive.fr
8.5 It will be up to the Customer to provide any justification as to the reality of the defects or anomalies noted. He shall give Muller Automotive every facility to proceed to the ascertainment of such defects and to remedy them. He shall refrain from intervening himself or having a third party intervene for this purpose, under penalty of losing the benefit of the guarantee. Unless better agreed by the Parties, any dispute which has not been formulated as stipulated above shall be ineffective and the Customer shall forfeit any right to claim against Muller Automotive. Partial non-conformity of the delivery will not in any case motivate a total or partial cancellation of the order or the return of the equipment.
8.6 In the event that the Equipment delivered proves to be defective for reasons not attributable to the Customer, and where it appears that these defects could not reasonably have been detected during the above-mentioned examinations, the Customer shall inform Muller Automotive without delay of its claims in this respect. Muller Automotive's liability due to an apparent or hidden defect of an equipment shall be limited to the exchange or repair of the parts or materials recognized as non-conforming or defective by Muller Automotive's technical services during the warranty period.
8.7 Exceptionally and if the circumstances justify it, Muller Automotive may take back an item of equipment, after examining the file and after prior written agreement on its part. In the case of new equipment, the trade-in value will be equal to the invoiced price, less a fixed amount of 20% (corresponding to the file and trade-in costs, and to the costs of handling, refurbishment of the product, restocking, incurred by Muller Automotive). Consumables will not be taken back under any circumstances. The aforementioned exceptional recovery will lead to the creation of a credit note in favor of the Customer. The cost of labour and travel outside the French overseas departments and territories shall be borne by the Muller Automotive distributor or dealer in the case of an indirect purchase or by Muller Automotive in the case of a direct purchase.
8. 8 No warranty shall be owed by Muller Automotive if the equipment sold is modified by the Customer in any way whatsoever, without prior written consent of Muller Automotive, or even if it is repaired or maintained by persons not previously approved by Muller Automotive if the equipment sold is used in an abnormal manner or under abnormal conditions with reference to the catalog and/or the instructions for use supplied by Muller Automotive or by the manufacturer if the non-conformity results from normal wear and tear of the equipment or from negligence or a lack of maintenance or storage on the part of the Customer, if the non-conformity results from a faulty installation not carried out by Muller Automotive or if the non-conformity is the consequence of a case of force majeure or of any other event beyond the control of Muller Automotive
8.9 Muller Automotive shall in no event be liable for any direct or indirect, incidental or consequential damages, such as loss of margin, operating loss, cost of substitute products, nor for any claims received by the Customer from its own customers or sub-buyers. Any bailiff's report or any non-adversarial procedure establishing a defect in the equipment shall not be binding on Muller Automotive.
- Deliveries - Transfer of risks - Transport
9.1 Upon receipt of the Equipment, it is the Customer's responsibility to make any useful reservations or appeals to the carrier, as Muller Automotive shall not be liable in any way for the transport and its consequences.
9.2 Acceptance of the equipment without reservation made to the carrier on delivery prohibits the Customer from making any subsequent claim against Muller Automotive.
9.3 Unless expressly stipulated, the deadlines are given by Muller Automotive as an indication. Delays can in no case give rise either to the payment of damages of any kind whatsoever, in particular for operating loss, or to withholding of all or part of the price, or to the cancellation of the order in progress.
9.4 In general, the delivery of the Equipment can only take place if the Customer is up to date with all its obligations, in particular payment obligations towards Muller Automotive.
- Prices - Terms of payment
10.1 Sales are processed at the rate in effect on the day of the order.
10.2 Prices are quoted exclusive of tax. Any tax, fee, shipping cost, duty or other service to be paid in application of the French regulations or those of an importing country or a country of transit are to be paid by the Customer.
10.3 The cost of transportation shall be borne by the Customer.
10.4 Muller Automotive's prices excluding taxes do not take into account the price of installation and commissioning of the equipment, which shall be the subject of separate estimates at the Customer's request. In case of installation requiring preliminary works, in particular civil engineering works, these shall be carried out under the Customer's responsibility in accordance with the plans provided by Muller Automotive. The customer is also responsible for carrying out the tests, which are compulsory in particular for lifting cranes. The costs of the works, in particular civil engineering, energy supply, as well as the costs inherent to the above-mentioned tests, remain the responsibility of the Customer. The tests can be performed by one of the service providers approved by Muller Automotive. On the other hand, if the Customer decides to have the work done by a person other than Muller Automotive, the latter declines all responsibility.
10.5 Any preferential rate, discount, rebate or any other advantage granted by Muller Automotive to the Customer shall only be exceptional and one-off and shall not constitute a permanent advantage for the Customer.
10.6 The payment of an order shall be made within 30 days net, by check, LCR or bank transfer according to the agreed terms and conditions stipulated on the order form, the Muller Automotive acknowledgement of receipt and/or the invoice. If requested, a first deposit of 30% of the total price including VAT shall be payable by the Customer on the day the order form is sent to Muller Automotive. The balance shall be payable, unless otherwise agreed, at the latest upon receipt of the delivery.
10.7 Contracts and services are payable net 30 days after signing the Contract or on the date of the Technical Intervention Report ("TIR"). Contracts are renewed and rebilled at the end of the term by tacit agreement in accordance with the legal conditions in force. Services are billed by the half-hour.
10.8 Contracts will be reviewed annually according to a review formula: new price = Po X (ICM/ICMo) [Po = price year n-1; ICM = Mechanical/Electrical Industry Cost Index of year n; ICMo = index of year n-1]
10.9 Each additional intervention outside the scope of the contract will be invoiced on the basis of the hourly rates applied by Muller Automotive.
- Delay - Failure to pay
11.1 Late or non-payment shall result in the unilateral suspension of the contractual obligations of Muller Automotive.
11.2 In the event of late payment, any sum due will automatically generate interest at the applicable legal rate, increased by ten (10%) percent
11.3 Failure to pay an amount due by the Customer, will result, in addition to interest on arrears, (i) the immediate payment of all of Muller Automotive's claims, (ii) as a penalty clause, an increase of fifteen (15%) percent of the sum not paid on the due date, (iii) a minimum flat-rate compensation of 50 euros (excluding VAT) for administrative costs and the entirety of the collection costs on proof and (iiii) the re-invoicing of the bank charges incurred.
11.4 In the event that payment on the due date is still not made, after sending a letter of formal notice which has remained unsuccessful for eight (8) days, Muller Automotive reserves the right to continue to charge reminder and collection fees, and may automatically and without formality suspend or cancel the orders in progress without prejudice to the recovery of the sums owed to it, including their increases and compensation. The suspension or termination shall apply not only to the order in question, but may also, at Muller Automotive's discretion, apply to all previous unpaid orders, whether delivered or in progress. Termination of the sales contract will result in the automatic suspension of any maintenance contract with Muller Automotive.
11.5 Partial payments shall be credited with priority to penalties for delay, interest and older claims.
- Retention of title clause
12.1 Muller Automotive conservera la propriété des Equipements jusqu’à paiement effectif par le Client de l’intégralité du prix en principal et accessoires.
12.2 Until the price has been paid in full, the Customer undertakes not to grant any security interest in the Equipment, not to transform it, not to transfer it by way of guarantee, not to mix it with other equipment of the same nature from other suppliers. In the absence of individualization, Muller Automotive may demand reimbursement.
12.3 The above provisions do not prevent the transfer of risks to the Customer upon delivery of the Equipment.
12.4 In the event of seizure (protective or allocation) or any other alienation of the Equipment by a third party, while Muller Automotive has not been fully paid off from the sale price, the Customer shall imperatively inform Muller Automotive without delay in order to enable it to oppose such seizure or alienation and to preserve its rights.
12.5 In the event that Muller Automotive grants a Customer a deferral of the due date, by way of derogation from the terms of payment provided for in these terms and conditions, such deferral shall extend the effects of the present retention of title clause by the same amount.
- Force majeure
13.1 Muller Automotive shall be exempt from any obligation in the event of force majeure, an external event beyond its control and not resulting from its fault or negligence, in particular fire, a state of declared or undeclared war, strikes, floods, natural, climatic or health disasters, vandalism and terrorism.
13.2 The contractual deadlines remain unchanged. Each of the parties however will be able to terminate by right the contract which binds them by registered letter with acknowledgement of receipt in the event of persistence of the disorder higher than three (3) months except particular agreement.
- General provisions
14.1 Unless better agreed by the Parties, in case of discrepancy or contradiction between the present general terms and conditions and the contractual documents signed between Muller Automotive and the Customer, the present general terms and conditions shall prevail over the other contractual documents.
14.2 The Customer may not assign or transfer, in whole or in part, the contract, whether in return for payment or free of charge. It is nominative to the company and non-transferable.
14.3 Muller Automotive reserves the right to subcontract all or part of the performance of the contract to any third party of its choice.
14.4 Si une ou plusieurs stipulations aux présentes sont tenues pour non valides ou déclarées comme telles en application d’une loi, d’un règlement ou à la suite d’une décision de justice ayant l’autorité de la chose jugée au fond et en dernier ressort ou de toute autre réglementation, les autres stipulations garderont toute leur force et leur portée.
- Loi applicable - Clause attributive de compétence
15.1 These General Terms and Conditions of Sale and Services, as well as the Contract itself, are subject to French law.
15.2 The Courts of Nantes are competent for any dispute relating to the service contract and these general conditions of any kind.