OPPOSABILITY:
These general conditions are stipulated primarily, in relations between the Adventure Company and its independent dealers and direct customers, and in the alternative, the so-called general conditions of sale are applicable to the relationship between vis-à-vis dealers their clients.
preamble:
The customer declares to have read these terms and conditions below and accept them as part of the contract.
Paramotors (Class 1 microlight) they are taking off on foot, car or two-seater, or take off on wheels (trucks) or two-seater car, are all made:
-Of a paraglider wing adapted to the total weight of the flying ULM,
-A powertrain (GMP), worn on the back in the case of takeoff foot or fixed in the case of trucks, or removable in the case of carriage for GMP adaptation worn on the back,
-Of a harness (or two saddles tandem) in the case of walk-off,
-A pilot and passenger seat in the case of take-off wheel,
-From a number of elements called "security"
ULM various elements are interconnected by these security features, which main purpose than ever the pilot and (or) the passenger can not dissociate from the carrier, wing, in any configuration either during the flight.
These elements they are metal (stainless steel, aluminum or other metal) fabric (webbing, pulls, rope) or other presentations (two-seat spacers nylon), have been tested in relation to the max weight wheel , a coefficient of 3.5 increased even with a safety factor of 1.5 in form: total weight X 5.25 = wheel maximum strength security features, for 3 seconds to these extreme loads, without breaks . (Decree of 23 September 1988, amended May 15, 2001 and March 4, 2004).
All tie and security elements of Adventure paramotor, whether to walk off or wheeled, single-seater or two-seater, and without this list is not exhaustive:
-harnais or harnesses and four attachment points, snap hooks, links, quick links, whatever the model (automatic or screw)
-écarteurs two-seater off on foot and snap hooks, quick links, or links, aluminum parts and nylon wheel passenger and fixings hooks, links or quick links, shoe buckles and "roll bar"
-arceaux stainless -or any other matériau- of cars or trucks seaters including fasteners and safety of these hoops, pulls fabric, straps and automatic quick snap or screw
-and more generally any security system linking the driver (and) or passenger paragliding is imperative to install the user-captain, who will control the presence, status and possible wear during his pre-flight.
Paramotor, microlight aircraft taken as single seater or two-seater, and whatever the type of takeoff is shipped from the factory, whether new or used following a submission for review, repair or maintenance, with all its security elements disassembled, reassembly is strictly and unreservedly to the single full charge and vigilance of the user-captain.
REMINDER OF THE REGULATION:
Paramotor is an ultralight. In France, its use requires obtaining microlight pilot's license, paramotor class. It consists of a flexible wing (paraglider), a wheel or a seat (depending on whether a foot or wheels off camera) suitable and a whole engine.
Implementation and starting a paramotor must follow a specific procedure (see user manual). If the engine gives it an operating autonomy, it is only to stay within its flight envelope and a favorable aerology.
This is not an air transportation or sports gear or record or a speed aircraft or acrobatics.
Only uses that can be reasonably expected are:
- Exploring the third dimension;
- Activities such as aerial boardwalk, observation or aerial photography.
Although this is the easiest to learn and aircraft to fly, it involves the third dimension and should be considered as a separate aircraft. It requires knowledge of its management and its flight envelope but also a good knowledge of current mechanical (especially if the user by itself ensures maintenance) and a very good knowledge of meteorology and aerology .
Any other form of requested paramotor flying activity, or theft or use the ground without the pilot and his assistants have the knowledge set out above, would not provide the safety which users may legitimately expect and could causing injury to the driver and third parties or damage to their property, or put their lives in danger.
TERMS OF SALES
1 - APPLICATION
The following clauses apply to the contract, save as otherwise expressly subject to a written agreement between the parties.
The designation of the aircraft complies with the technical file deposited with the Ministry of Transport (by aircraft means: a complete and indivisible whole paragliding harness + + + engine Adventure paragliding or motorized trolley).
Any order implies full and unconditional acceptance to these terms.
2 - VALIDITY OF ORDERS
Orders are at the registered office of the Company, or from the distributeur.Elles are valid only after acceptance of the order by the buyer, accompanied by his advance, and are subject to these Terms of Sale.
The order will be implemented upon receipt of the deposit contract.
3 - DELIVERY
Aircraft and / or parts are delivered or made available disassembled and folded. This issue is subject to the full payment of the corresponding invoices.
The delivery date is the one on the order only when it is confirmed in writing by the manufacturer. The manufacturer is released from the holding of delivery for all fortuitous cases, force majeure or changes imposed by regulators.
Will not be considered any postponement delay in delivery due to any new request of the buyer may delay delivery of the aircraft.
4 - EXPEDITION
Packaging and shipping are in all cases be borne by the buyer, made by Adventure care, except in the case of the removal of goods by the customer on the premises of the manufacturer. The goods travel at the risk of the purchaser. The recipient must check the goods upon receipt and to make any complaint to the carrier with a copy by registered mail with AR to the Adventure address. No claim will be admissible beyond eight days after the delivery date.
5 - TRANSFER OF RISKS AND LEGAL CUSTODY OF AIRCRAFT AND / OR PARTS
The transfer of risk of liability and legal custody of the machine and spare parts will be transferred to the buyer immediately on removal, or after a period of 15 days following the notice of availability notified electronically.
6 - CHANGES
The manufacturer reserves the right to make changes without notice, any changes it deems appropriate to aircraft and / or parts to improve or strengthen the security, reliability or imposed by regulatory authorities or competent .
The impact of changes on deadlines and specifications may result in cancellation of the order, except in cases provided for in Article 11 "Cancellation and Termination".
7 - PRICE
Prices are ex works, inclusive of all French taxes, excluding all other expenses.
Net tax prices refer, in case of change of fiscal or quasi-fiscal regulations, customs duty, revaluation or devaluation.
In all cases, transport costs will be added to all products ordered by the final customers on the Adventure online sales site.
8 - PAYMENT
The price stipulated in the order form will be adjusted as follows: - 30% deposit with the order;
- Balance in the supply of the aircraft and / or component parts of the manufacturer.
The controls for end customers, in particular the internet, are payable 100% in cash with order including shipping costs.
9 - GUARANTEE
9.1. The auxiliary drive for glider manufactured by Adventure benefits from the legal guarantee of conformity (Article L211-1 to L212-1 of the Consumer Code) and of the legal guarantee against hidden defects (art 1641 to 1649 of the Civil Code).
9.2. These guarantees are effective on the date of delivery by Adventure Adventure or a dealer.
9.3. The guarantees apply only in the context of operation of the aircraft according to the instructions in the "manual" and technical document setting the mounting and operating conditions of the aircraft delivered to the purchaser (see "preamble").
9.4. Non-compliance with provisions of the Civil Aviation Code and the related texts, resulting in an accident or incident, exempt the manufacturer from any vis-à-vis the operator guarantee offense. Normal wear renewable elements not subject to any guarantee.
9.5. Any changes to the aircraft and / or component parts by the purchaser will result in forfeiture of the guarantee of Adventure since it has not been approved in advance in writing by Adventure. The warranty covering the engine and its accessories shall be exercised under the conditions and limits established by the engine manufacturer.
9.6. listed above obligations constitute the limit of guarantees provided by Adventure.
9.7. The guarantees will be automatically suspended for non payment of invoices from the seller after formal notice remained without effect within fifteen days of the submission of a letter, malice characterized by the purchaser or his agents, if intervention of foreign hands in the Adventure company or when adding parts or unsuitable or not in accordance with the technical specifications propellers.
Warranty exclusions: those specified in the maintenance manual (including motor clamps, starters, batteries) and / or when adding or use of parts not being original Adventure (including the propellers ).
Cover is provided by the company after expertise elements or suspected faulty parts.
10 - RESPONSIBILITY
10.1. The Adventure paramotor and accessories being sold disassembled and assembly being done by the buyer, Adventure will in no event be held liable in case of improper installation of the device and, in particular, the setting of the propeller .
10.2. The purchaser of a new machine or the customer who gets a machine or part of it after SAV, says without reservation having read the "User Manual" and especially to the warning about the obligations of the edge user-commander solely responsible for the fitting or refitting of the aircraft.
10.3. Adventure SA is engaged in the event of a manufacturing defect parts or sub-assemblies manufactured by itself.
10.4. Adventure SA is responsible for the technical file corresponding characteristics of each machine filed with the administration but not responsible for the assembly of engines with paragliders Adventure / wings not corresponding to technical issues, or the reverse.
11 - CANCELLATION CANCELLATION
11.1. The manufacturer may cancel any order when a reason unrelated to his will substantially alter the conditions of manufacture or the manufacturing costs of the aircraft so that the time or the price would exceed the requirements in this agreement .
11.2. If not full payment of the aircraft and / or parts fifteen days after notice by registered letter, Adventure reserves - single - the ability to see of law the annulment of the sale by notifying the resolution to the buyer.
12 - RESERVATION CLAUSE
By express agreement, goods and aircraft remain the property of Adventure to the last day of full payment, this according to the terms of Law No. 80-335 of 05.12.80.
However the purchaser shall be solely responsible for the loss or deterioration of the goods, once the delivery made.
13 - LAW AND ARBITRATION
This contract is governed by French law.
Any dispute or litigation relating to this contract in relations between Adventure and its customers, will be the jurisdiction of the courts of the jurisdiction of the city of Paris.
Any dispute or litigation relating to this contract in the relationship between the retailer and its customers, will be the jurisdiction of the Courts of which depends on its headquarters.
Adventure SAS
36 Rue des Osiers – 78310 Coignières – France