These general terms and conditions are an integral part of all contracts concluded with our company. We cannot, without prior written agreement, take into consideration the general or special conditions to which our customers or suppliers may refer in their documents. The conclusion of the contract therefore implies that the customer accepts without reservation both our general and special conditions, which take precedence over any contrary general or special conditions. Any point that is not regulated by our own general terms and conditions shall be settled by reference to common law. In case of doubt, the present conditions shall be interpreted without exception in our favour, all of them to be interpreted strictly.
All offers from our company are without obligation. They are valid for a period of three weeks from the date of issue.
Orders will only be final in the absence of a written counter-order from us within ten days of signature.
Our company’s obligations are only ever of means.
Complaints, in order to be accepted, must be sent by registered mail to our company’s headquarters within eight days of the goods being sent.
Delivery times are given as an indication only. In the event of delay, whatever the cause, the customer shall not be entitled to claim any compensation whatsoever, nor to cancel or fulfil the order and/or contract.
All our supplies travel at the customer’s expense and risk. They can only be determined after the order has been confirmed and packed. Shipments are only registered or insured if requested in writing at the time of ordering. We cannot be held responsible for delays caused by the post office, the railways or other intermediaries. The delivery dates are only indicative and the delay can in no case be a reason for breach of contract and is not a reason for the reimbursement of damages.
Any special instructions from the client to specify the manner of performance of our obligations or to rectify previous instructions must be made in writing and at least five working days before the start of the performance operations. We shall not be liable for any verbal or late instructions that are not followed by the desired effects of the client.
The price fixed in the offer or on the order form may be adapted by us in the event of circumstances beyond our control, such as an increase in salaries, the price of materials, telephone costs, postage, transport, taxes, duties, etc.
The payment of the parts or the commissioned work is fixed as follows: cash payment on order
Prices include VAT
Invoices are payable in cash, net, at 26110 Nyons, France. This method of payment is in no way changed by payment by accepted bills of exchange, any novation being excluded in any event. Failure to pay a bill of exchange or failure to comply with the terms of payment shall result in the immediate payment of any other amount invoiced, without prior notice.
Unless another method of payment has been agreed by Michel Rouet / Racing Bull, amounts not paid within 15 days of the due date shall be increased, without prior notice, by a fixed indemnity of 15%, with a minimum of 100 Euros, as well as default interest of 1.5% per month on all unpaid amounts, with interest running from the date of the invoice. We shall retain the goods in full until payment has been made. In the event that payment is not made in full, either by the buyer or by his bank, the contract shall be appropriately divided. In this case, the buyer must inform us immediately of the location of the order in order to reallocate the goods to us.
The buyer must not alter the goods, place them in another package or use a brand other than that of the seller.
Article 15 : HOMOLOGATION
Some of the parts we sell, such as locking axles, body parts, camshafts, piston kits, carburettors, exhausts and other parts, are intended to enhance the performance of the vehicle for the sole purpose of competition use. As a result, these parts are likely to modify the characteristics of the vehicle with regard to its homologation and therefore make it unsuitable for road use. By express agreement between the parties, Michel Rouet /Racing-Bull cannot be held responsible, on any occasion or in any way whatsoever, for such a modification, or for the use of the modified vehicle with the aim or effect of rendering it non-compliant with the administrative rules that are normally applicable to it.
Article 16 :TRAVAUX
In the event that Michel Rouet / Racing-Bull is required to carry out or have carried out maintenance, repair, modification or other work on parts entrusted to it by the client, it declines all responsibility for any prejudice and damage that may subsequently be caused by the said parts and which are not the result of its actions, but of those of the client or a third party (failure to comply with the assembly instructions, assembly and reassembly work carried out by an unqualified person, etc).
All disputes fall under the jurisdiction of the Court of 26200 Montélimar, France.