Professional T&Cs

ARTICLE 1 – SCOPE OF APPLICATION

In accordance with article L 441-1 of the French Commercial Code, these general terms and conditions of sale constitute the sole basis of the commercial relationship between the parties.

The purpose of these terms and conditions is to define the conditions under which MOTEUR LIVRÉ SAS, a Société par Actions Simplifiée (simplified joint stock company) registered with the STRASBOURG Trade and Companies Register under no. 843 955 972, with a share capital of €5,000.00, Activity Code 4531Z, head office located at 1, rue des Soeurs – 67400 ILLKIRCH – GRAFFENSTADEN, and with the PARIS Trade and Companies Register under no. SIRET 843 955 972 00016, with a share capital of €5. 000,00 €, Code Activité 4531Z, with a secondary establishment located at 10, rue de Penthièvre – 75008 PARIS (“The Supplier”) supplies to professional Buyers (“The Buyers or the Buyer”) who request it, via the Supplier’s website, by direct contact or via a paper medium, the following products

Automotive vehicle engines, new or used, it being specified that the bare automotive engine includes the following components:
a. Components forming the cylinder head: cylinder head and gasket, camshaft, valve lifter, valve (intake and exhaust), valve spring, cylinder head gasket, bearings related to internal components of the cylinder head, rocker rod, rocker cover, camshaft bearing cap, valve guide.
b. Components forming the engine block: crankshaft, connecting rod bearings, connecting rods, pistons and pins, piston rings, engine block (cylinder liners in good condition, not scratched), oil sump (“The Products”).

Parts available for sale and guaranteed subject to further testing by the Buyer:

Parts available for sale and guaranteed subject to further testing by the Purchaser: Injectors (injectors are not tested by MOTOR DELIVERED) ;
Turbo (turbos are only tested for seizure on the shaft and for play or minor play on the shaft; geometry is not tested).
Injection pump (injection pumps are not tested).

It is the Buyer’s responsibility to test the above-mentioned accessories at his own expense. If the Buyer considers any of the above-mentioned accessories to be defective at the time of delivery and before installation on the motor, MOTEUR LIVRÉ undertakes to replace the defective part(s) with a used one.

If the Buyer decides to install a defective part quoted above supplied by MOTEUR LIVRÉ, no expenses of assembly/disassembly nor damage could be claimed to MOTEUR LIVRÉ.

All other parts or accessories not listed above, which are delivered with the motor ordered by the customer, are considered to be left free of charge by the seller to the professional customer to improve the speed of assembly and delivery of the motor, and therefore constitute non-warranted parts.

They apply without restriction or reservation to all sales made by the Supplier to Purchasers of the same category, regardless of any clauses that may appear in the Purchaser’s documents, and in particular its general terms and conditions of purchase.

In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Buyer who requests them, to enable him to place an order with the Supplier.

They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement as referred to in articles L 441-3 et seq. of the French Commercial Code, within the legal deadlines.

All orders for Products imply the Buyer’s acceptance of these General Terms and Conditions of Sale and of the general terms and conditions of use of the Supplier’s website for electronic orders.

The information contained in the Supplier’s catalogs, prospectuses and price lists is given for information only and may be revised at any time. The Supplier is entitled to make any changes it deems necessary.

 

ARTICLE 2 – ORDERS – PRICES

2-1.
Sales shall only be considered final after express written acceptance of the Buyer’s order by the Supplier, who will ensure, in particular, the availability of the requested products.
The order will be formalized according to the following process:

it is the responsibility of the Buyer to connect to the www.moteurlivre.fr website and to proceed as follows:

has. Account creation: at this stage, the Buyer must fill in the personal information requested (surname, first name, date of birth, e-mail address, billing and delivery postal address),

b. By making a request after entering their engine code, the Buyer will obtain a quote if the item is in stock. This quote will mention the details of the item available, such as mileage, displacement, engine code, power and energy. The quote is valid for a period of one month from the date of its establishment; During this period, the order will be validated after sending back the accepted and signed quote accompanied by the payment provided for in Article 3. Beyond this period, the Supplier is no longer obliged but reserves the right either to maintain its initial offer or to submit another proposal. If the item is not in stock, Moteur Livré SAS will let you know by return email and undertakes to make you a proposal, again by email, when it is available again.

c. Acceptance of the quotation entails the Buyer’s agreement to any special clauses on the execution deadlines as well as to these T&Cs.

Orders must be confirmed in writing, by means of an order form duly signed and stamped by the Buyer.
Acceptance of the order is confirmed by e-mail.
The data recorded in the Supplier’s computer system constitutes proof of all transactions concluded with the Buyer.

2-2.
Any modifications requested by the Buyer can only be considered, at the Supplier’s discretion and within the limits of their capabilities, if they are notified in writing at least 15 days before the scheduled delivery date of the ordered Products. This must be followed by the Buyer signing a specific purchase order and an eventual price adjustment.
In the event of cancellation of the order by the Purchaser after its acceptance by the Supplier less than 10 days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than force majeure, a sum corresponding to 2% of the total price excluding VAT of the Services shall be retained by the Supplier and invoiced to the Customer, by way of damages, in compensation for the loss thus suffered.

2-3.
The products are supplied at the Supplier’s rates in effect on the date the order is placed, or, where applicable, in the specific commercial proposal addressed to the Buyer.
These rates are firm and non-revisable during their period of validity, as indicated by the Supplier.
These prices are net and exclusive of taxes (excl. VAT), including packaging and transport.
Special pricing conditions may apply depending on the Buyer’s specific requests, particularly concerning delivery methods, delivery times, or payment terms and conditions.
In such cases, a specific commercial offer will be sent to the Buyer by the Supplier.

 

ARTICLE 3 – TERMS OF PAYMENT

The price is payable in full on the day the order is placed:

by Visa or MasterCard,
by bank transfer,

The Supplier reserves the right to repossess the products sold until full payment has been received from the Buyer.
However, the risk of loss and deterioration shall pass to the Purchaser upon delivery of the products ordered.

 

ARTICLE 4 – DELIVERIES

ARTICLE 4 – DELIVERY
Products purchased by the Purchaser will be delivered within a maximum of 30 days from receipt by the Supplier of the corresponding order form, duly signed and accompanied by payment due in cash.

This period does not constitute a strict deadline, and the Supplier may not be held liable to the Purchaser for any delay in delivery not exceeding 15 days.

In the event of a delay of more than 15 days, the Buyer may request the cancellation of the sale.

The Supplier may not be held liable in the event of delay or suspension of delivery attributable to the Purchaser or in the event of force majeure.

Delivery will be made to the address declared by the Purchaser at the time of the order and via a shipper or carrier, with products travelling at the Purchaser’s risk.

The Purchaser is obliged to check the apparent condition of the Products on delivery. In the absence of reservations expressly made by the Purchaser at the time of delivery, the Products delivered by the Supplier shall be deemed to conform in quantity and quality to the order.

The Purchaser shall have a period of 10 days from the date of delivery and receipt of the products ordered to express such reservations in writing to the Supplier.
No claim will be validly accepted if the Buyer fails to comply with these formalities.

The Supplier shall replace, as soon as possible and at its own expense, any delivered Products whose lack of conformity has been duly proven by the Purchaser.

The Supplier is never responsible for the assembly of the motors delivered.

Once the motor and its accessories have been delivered, the Purchaser must follow the assembly procedure described below, and have them professionally assembled within 8 days of delivery.

It is the Buyer’s responsibility to ensure compliance with the following assembly procedure:

a. before mounting the engine on the vehicle, the Buyer must :

  • Check circuits: water, oil, air, fuel
  • Check the rocker arms and adjust if necessary
  • Check the condition of the camshaft(s)
  • Check the oil pump and its drive and replace defective parts if necessary
  • Turn the engine with a wrench to check if there is no snag point
  • Replace certain accessories with new ones, including: oil, air and fuel filters, spark plugs or glow plugs, timing kit (belt, rollers and water pump) or timing chain and skids, belts (alternator, water pump), products (coolant, oil)
  • Timing the distribution with the manufacturer’s brand equipment provided for this purpose.
  • Check correct timing of pinions on engines with cascade timing.
  • Replace injector seals.
  • Check all gaskets (including cylinder head gaskets) for defects and report them to MOTEUR LIVRÉ within one month of purchase.
  • Check the condition of all parts supplied free of charge by MOTEUR LIVRÉ.

b. After mounting the engine on the motor vehicle, the Buyer shall:

  • Check the operation of the oil pressure and water temperature indicators on the dashboard.
    Tune-up the igniter, carburetor and feed with the manufacturer’s data.
  • Set the injector codes in the injection ECU using a suitable diagnostic tool.
  • Before starting up, run the engine for a few moments with the coil wire disconnected or the injection pump de-energized, in order to prime the oil pump.
  • Any engine assembly requires a reset of the vehicle’s electronic system at the manufacturer’s facility using the official brand equipment.

IT IS FORBIDDEN TO OPEN THE ENGINE (REMOVE THE CYLINDER HEAD) WITHOUT PRIOR AUTHORIZATION DELIVERED BY MOTEUR LIVRÉ COMPANY. OUR MARKINGS MADE WITH PAINT PROVE THAT THE ENGINE IS STILL SEALED OR NOT SEALED IN THE EVENT OF A DISPUTE. THE WARRANTY WILL NOT BE DUE IN CASE OF OPENING THE ENGINE WITHOUT PRIOR WRITTEN AUTHORIZATION DELIVERED BY MOTEUR LIVRÉ COMPANY.

ARTICLE 5 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

5-1. Transfer of Ownership
The transfer of ownership of the Products to the Buyer shall only occur after full payment of the price by the latter, regardless of the delivery date of said Products.

5-2. Transfer of Risks
The transfer of risks of loss and damage to the products to the Buyer shall take place upon delivery and receipt of said products, regardless of the transfer of ownership, and regardless of the date of the order and payment thereof.

The Buyer acknowledges that it is the carrier’s responsibility to make the delivery, with the Supplier deemed to have fulfilled its delivery obligation once the ordered products have been handed over to the carrier who has accepted them without reservation.

The Buyer therefore has no warranty claim against the Supplier in the event of a delivery defect of the ordered Products or any damage occurring during transport or unloading.

 

ARTICLE 6 – SUPPLIER’S LIABILITY – WARRANTY

The products delivered by the Supplier are covered by a contractual warranty of 3 months from the date of delivery, covering non-compliance with the order and any hidden defects due to material, design, or manufacturing faults affecting the delivered products and rendering them unsuitable for use.

The warranty is inseparable from the Product sold by the Supplier. The Product may not be sold or resold if altered, transformed, or modified.

This warranty is limited to the replacement or refund of non-compliant or defective products.

Any warranty is excluded in cases of misuse, negligence, or lack of maintenance by the Buyer, as well as for normal wear and tear of the Product or force majeure.

To assert its rights, the Buyer must, under penalty of forfeiture of any related claim, inform the Supplier in writing of the existence of defects within a maximum of 10 days from their discovery.

The Supplier will replace or repair defective Products or parts under warranty. This warranty does not cover labor costs.

The Seller will acknowledge receipt of the Buyer’s request within 3 days of the complaint.

Within 14 days of the Seller’s agreement for the return following a non-conformity, the Buyer must return the Product(s) or parts in the condition in which they were received (accessories, packaging, instructions, etc.).
From then on, the chronology is as follows:

  • Finding of a non-conformity or defect in the Product: the Buyer has 10 days to
    provide the evidence and report it to the seller, by email
  • Acknowledgement of receipt by the Seller of the complaint within 3 days
  • From the acknowledgement of receipt and the Seller’s agreement: 14 days to return all the equipment.
    After these periods, the Seller will be released from the legal warranty or any warranty
    commercial conclusion.

In the event of a compliant return within the above-mentioned deadlines, the replacement of defective Products or parts will not have the effect of extending the duration of the warranty set out above.

Finally, the warranty cannot be invoked if the Products have been the subject of abnormal use, or have been used in conditions different from those for which they were manufactured.

It also does not apply to the event of deterioration or accident resulting from impact, fall, negligence, lack of supervision or maintenance, or in the event of transformation of the Product.

The Supplier is never responsible for the assembly of the delivered engines, which must be performed by a professional and in accordance with best practices.

In the event of a return of the engine, the transport costs are the responsibility of the customer.

 

ARTICLE 7 – INTELLECTUAL PROPERTY

The Supplier retains all industrial and intellectual property rights related to the Products, photos, and technical documentation, which cannot be disclosed or used without its written permission.

 

ARTICLE 8 – PERSONAL DATA

Personal data collected from Buyers is processed by the Supplier. It is recorded in the Supplier’s customer file and is essential for processing orders. This information and personal data are also retained for security purposes, to comply with legal and regulatory obligations. They will be kept for as long as necessary to fulfill orders and any applicable warranties.

The data controller is the Supplier. Access to personal data will be strictly limited to employees of the data controller who are authorized to process it due to their roles. The collected information may be shared with third parties contracted by the company for the execution of outsourced tasks, without requiring the Buyer’s authorization.

In the context of performing their services, third parties have only limited access to the data and are required to use it in compliance with applicable personal data protection laws. Except for the cases mentioned above, the Supplier is prohibited from selling, renting, transferring, or providing access to the data to third parties without the Buyer’s prior consent, unless required to do so for legitimate reasons.

If the data is to be transferred outside the EU, the Buyer will be informed, and the safeguards implemented to secure the data (e.g., the external provider’s adherence to the “Privacy Shield,” adoption of standard contractual clauses approved by the CNIL, implementation of a code of conduct, obtaining CNIL certification, etc.) will be specified.

In accordance with applicable regulations, the Buyer has the right to access, rectify, erase, and port their data, as well as the right to object to processing on legitimate grounds. These rights can be exercised by contacting the data controller at the following postal or email address: 10, rue de Penthièvre, 75008 PARIS, or [email protected].

In case of a complaint, the Buyer can submit a claim to the Supplier’s Data Protection Officer or to the Commission Nationale de l’Informatique et des Libertés (CNIL).

 

ARTICLE 9 – UNFORESEEABILITY

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided by Article 1195 of the French Civil Code for all transactions involving the Supplier’s Products sold to the Buyer.

The Supplier and the Buyer each waive the provisions of Article 1195 of the French Civil Code and the regime of unforeseen circumstances it provides. They commit to fulfilling their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of the sale, even if performance becomes excessively onerous, and to bear all economic and financial consequences.

 

ARTICLE 10 – EXCEPTION OF NON-PERFORMANCE

The Parties expressly waive the provisions of Articles 1219 and 1220 of the French Civil Code regarding the exception of non-performance.

Therefore, they agree to fully and completely perform these terms even in the event of a breach by either party.

 

ARTICLE 11 – FORCE MAJEURE

The Parties shall not be held responsible if non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined by Article 1218 of the French Civil Code.

 

ARTICLE 12 – TERMINATION OF THE CONTRACT

Termination for force majeure:
Termination by operation of law for force majeure can only occur 14 days after receipt of a formal notice sent by registered letter with acknowledgment of receipt or any other extrajudicial act.

However, this formal notice must indicate the intention to enforce this clause.

 

ARTICLE 13 – DISPUTES

To find a solution to any dispute arising from the performance of this contract, the parties agree to meet within three days of receiving a registered letter with acknowledgment of receipt sent by either party.

The present amicable settlement procedure is a mandatory prerequisite before initiating legal action between the parties. Any legal action taken in violation of this clause will be declared inadmissible.

However, if the parties cannot reach a compromise or solution within eight days, the dispute will then be submitted to the designated jurisdiction.

However, this formal notice must indicate the intention to enforce this clause.

 

ARTICLE 13-1 – JURISDICTION CLAUSE

ALL DISPUTES TO WHICH THIS CONTRACT AND THE AGREEMENTS RESULTING FROM IT MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, RESOLUTION, CONSEQUENCES AND CONSEQUENCES, SHALL BE SUBMITTED TO THE JUDICIAL COURT OF STRASBOURG.

ARTICLE 14 – APPLICABLE LAW – LANGUAGE OF THE CONTRACT

These General Terms and Conditions and any operations arising therefrom are governed by French law.

They are written in French. In the event of translation into one or more other languages, only the French text shall prevail in case of dispute.

 

ARTICLE 15 – BUYER’S ACCEPTANCE

These General Terms and Conditions of Sale are expressly agreed and accepted by the Buyer, who declares and acknowledges full knowledge of them and, as a result, waives any contradictory documents, including their own general terms and conditions of purchase.