Professional T&Cs
ARTICLE 1 – SCOPE OF APPLICATION
These general terms and conditions of sale constitute, in accordance with Article L 441-1 of the French Commercial Code, the sole foundation of the commercial relationship between the parties.
The purpose of these terms is to define the conditions under which MOTEUR LIVRÉ SAS, a 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, having its registered office at 91, route des Romains – 67200 STRASBOURG, and registered with the Paris Trade and Companies Register under SIRET No. 843 955 972 00016, with a share capital of €5,000.00, Activity Code 4531Z, at its secondary establishment located at 10, rue de Penthièvre – 75008 PARIS (“the Supplier”), provides to professional Buyers (“the Buyers” or “the Buyer”), upon request made via the Supplier’s website, direct contact, or paper-based support, the following products:
automotive engines, new or used, it being specified that a bare automotive engine includes the following components:
a. Parts forming the cylinder head: cylinder head and gasket, camshaft, valve lifter, valve (intake and exhaust), valve spring, head gasket, bearings related to internal cylinder head components, pushrod, rocker cover, camshaft bearing cap, valve guide,
b. Parts 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 pan (“the Products”).
Parts available for sale and covered by warranty subject to additional testing by the Buyer:
Injectors (not tested by MOTEUR LIVRÉ);
Turbochargers (only tested for free rotation of the shaft and the absence or minor presence of shaft play; the variable geometry is not tested);
Injection pumps (not tested).
It is the Buyer’s responsibility to test the above-mentioned accessories at their own expense. If the Buyer finds one of the above-mentioned accessories defective upon delivery and before installing it on the engine, MOTEUR LIVRÉ agrees to replace the defective part(s) with other used parts.
If the Buyer decides to install a defective part supplied by MOTEUR LIVRÉ, no assembly/disassembly costs or damages may be claimed from MOTEUR LIVRÉ.
All other parts or accessories not listed above and delivered with the engine ordered by the Buyer are considered to be provided free of charge by the Seller to the professional Buyer in order to facilitate faster assembly and delivery of the engine; therefore, such parts are not covered by any warranty.
These conditions apply without restriction or reservation to all sales concluded by the Supplier with Buyers of the same category, regardless of any clauses appearing in the Buyer’s documents, including their general purchasing conditions.
In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Buyer who requests them, enabling them to place an order with the Supplier.
They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement referred to in Articles L 441-3 et seq. of the French Commercial Code, within the legal deadlines.
Any order of Products implies the Buyer’s acceptance of these General Terms and Conditions of Sale and, for online orders, of the Supplier’s website terms of use.
The information contained in the Supplier’s catalogues, brochures, and price lists is provided for information purposes only and may be revised at any time. The Supplier reserves the right to make any modifications deemed necessary.
ARTICLE 2 – ORDERS – PRICING
2-1. Sales are only considered final after express written acceptance of the Buyer’s order by the Supplier, who will first verify the availability of the requested products.
The ordering process is as follows:
The Buyer must connect to www.moteurlivre.fr and proceed as follows:
a. Account creation: at this stage, the Buyer must provide the requested personal information (name, surname, date of birth, email address, billing and delivery postal addresses),
b. By submitting a request after entering the engine code, the Buyer will receive a quote if the item is in stock. The quote will specify item details such as mileage, displacement, engine code, power, and fuel type. The quote is valid for one month from its issue date; during this period, the order will be validated after the signed and accepted quote is returned, accompanied by the payment provided for in Article 3. After this period, the Supplier is no longer bound but reserves the right either to maintain the original offer or to submit a new proposal. If the item is not in stock, MOTEUR LIVRÉ SAS will inform the Buyer by email and commit to sending a new proposal once it becomes available.
c. Acceptance of the quote constitutes the Buyer’s agreement to any specific terms regarding execution deadlines and to these General Terms and Conditions of Sale.
Orders must be confirmed in writing, via a duly signed order form bearing the Buyer’s stamp.
Order processing and acceptance will be confirmed by email.
Data recorded in the Supplier’s IT system constitutes proof of all transactions with the Buyer.
2-2. Any modifications requested by the Buyer can only be considered, within the Supplier’s possibilities and at its sole discretion, if notified in writing at least 15 days before the scheduled delivery date of the ordered Products, after signature by the Buyer of a specific order form and possible price adjustment.
In the event of order cancellation by the Buyer after acceptance by the Supplier, less than 10 days before the scheduled delivery date, for any reason other than force majeure, an amount equal to 2% of the total pre-tax price will be due to the Supplier as damages to compensate for the loss incurred.
2-3. The products are supplied at the Supplier’s prices in effect on the date of order placement or, if applicable, as specified in the Supplier’s specific commercial offer to the Buyer. These prices are firm and non-revisable during their validity period as stated by the Supplier.
Prices are net and exclusive of VAT, including packaging and transport.
Special pricing conditions may apply depending on the Buyer’s specific requests regarding delivery methods or terms of payment. In such cases, a special commercial offer will be provided to the Buyer.
ARTICLE 3 – PAYMENT TERMS
The price is payable in full on the day of order placement, by one of the following methods only:
by Visa or MasterCard bank card,
by bank transfer,
The Supplier retains ownership of the sold products until full payment of the price by the Buyer, allowing it to reclaim possession of said products.
However, the risk of loss or damage is transferred to the Buyer upon delivery of the ordered products.
ARTICLE 4 – DELIVERY
Products purchased by the Buyer will be delivered within a maximum of 30 days from receipt by the Supplier of the duly signed order form and full payment.
This period is not binding, and the Supplier shall not be held liable to the Buyer for any delivery delay not exceeding 15 days.
In the event of a delay exceeding 15 days, the Buyer may request termination of the sale.
The Supplier’s liability shall in no case be engaged in the event of a delay or suspension of delivery attributable to the Buyer or due to force majeure.
Delivery will be made to the address provided by the Buyer at the time of ordering via a carrier or transporter, with products travelling at the Buyer’s risk.
The Buyer must check the apparent condition of the products upon delivery. In the absence of express reservations made at delivery, the Products delivered by the Supplier shall be deemed to conform in quantity and quality to the order.
The Buyer will have 10 days from delivery and receipt of the ordered products to make such reservations in writing to the Supplier.
No claim will be accepted if these formalities are not respected.
The Supplier will replace, as soon as possible and at its own expense, any delivered Products whose non-conformity has been duly proven by the Buyer.
The Supplier is never responsible for the installation of delivered engines.
Once the engine and accessories have been delivered, the Buyer must comply with the assembly procedure described below, have it installed by a professional, all within 8 days of delivery.
The Buyer must ensure compliance with the following installation procedure:
a. Before installing the engine in the vehicle, the Buyer must:
- Check the circuits: water, oil, air, fuel
- Check and adjust rocker arms if necessary
- Inspect camshaft condition by removing the valve cover (without dismantling the cylinder head)
- Check the oil pump and drive mechanism, replacing defective parts if necessary
- Manually rotate the engine with a wrench to ensure there are no tight spots
- Replace certain accessories with new ones, including oil, air, and fuel filters; spark or glow plugs; timing kit (belt, pulleys, and water pump) or chain and tensioners; belts (alternator, water pump); fluids (coolant, oil)
- Time the engine using the manufacturer’s specified equipment
- Check proper gear timing for engines with gear-driven distribution
- Replace injector, crankshaft, oil pan, and engine casing seals with new ones (use specific silicone sealant). The warranty does not cover seals; they must be replaced with new ones
- Check all other gaskets (including head gasket) and report any issues to MOTEUR LIVRÉ within one month of engine purchase
- Check the condition of parts provided free of charge by MOTEUR LIVRÉ (non-warranted parts)
- Special procedure for Audi, Mercedes, Volkswagen, Jeep V6/V8, BMW R6, and Mercedes 2.2L CDI engines: before startup, fill the engine with oil and manually rotate it clockwise until oil is visible at the turbocharger oil inlet. Any intervention not listed above voids the warranty.
b. After installing the engine in the vehicle, the Buyer must:
- Check oil pressure and water temperature indicators on the dashboard
- Tune the distributor, carburetor, and ignition timing according to manufacturer data
- Enter injector codes into the ECU using appropriate diagnostic tools
- Before starting, crank the engine briefly with the coil wire disconnected or injection pump disabled to prime the oil pump
- Every engine installation requires an electronic reset at the manufacturer’s facility using official diagnostic tools
- Used products are covered by a 3-month commercial warranty from the delivery date.
IT IS FORBIDDEN TO OPEN THE ENGINE (REMOVE THE CYLINDER HEAD) WITHOUT PRIOR AUTHORIZATION FROM MOTEUR LIVRÉ SAS. PAINT MARKINGS ALLOW VERIFICATION OF OPENING IN CASE OF DISPUTE. THE WARRANTY WILL BE VOID IF THE ENGINE IS OPENED WITHOUT PRIOR WRITTEN AUTHORIZATION.
ARTICLE 5 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK
5-1. Transfer of ownership
Ownership of the Products shall only be transferred to the Buyer after full payment of the price, regardless of the delivery date of said Products.
5-2. Transfer of risk
Risk of loss and deterioration of the products passes to the Buyer upon delivery and receipt, regardless of ownership transfer, order date, or payment date.
The Buyer acknowledges that delivery is the responsibility of the carrier, and the Supplier is deemed to have fulfilled its delivery obligation once the ordered products have been handed over to the carrier, accepted without reservation.
The Buyer therefore has no warranty claim against the Supplier in the event of non-delivery or damage during transport or unloading.
ARTICLE 6 – SUPPLIER LIABILITY – WARRANTY
Products delivered by the Supplier are covered by a 3-month contractual warranty from the delivery date, covering non-conformity with the order and hidden defects resulting from material, design, or manufacturing faults rendering the products unfit for use.
The warranty is inseparable from the Product sold by the Supplier. The Product may not be resold, altered, transformed, or modified.
This warranty is limited to replacement or refund of non-conforming or defective products.
The warranty is excluded in cases of misuse, negligence, or lack of maintenance by the Buyer, as well as normal wear and tear or force majeure.
To exercise warranty rights, the Buyer must notify the Supplier in writing of the defect within 10 days of its discovery, failing which all related claims are forfeited.
The Supplier will replace or repair defective Products or parts under warranty. Labor costs are not covered.
The Supplier will acknowledge receipt of the Buyer’s claim within 3 days.
Within 14 days of the Supplier’s agreement to a return due to non-conformity, the Buyer must return the Products or parts in their original condition (accessories, packaging, instructions, etc.).
- Defect or non-conformity detected: the Buyer has 10 days to provide evidence and notify the Supplier by email
- Supplier acknowledgment within 3 days
- After acknowledgment and agreement: 14 days to return the materials.
After these periods, the Supplier will be released from any legal or commercial warranty obligations.
If the return is compliant and within the specified timeframe, the replacement of defective Products or parts will not extend the original warranty period.
The warranty does not apply if the Products have been used abnormally or under conditions other than those intended.
It also does not apply in cases of damage caused by impact, fall, negligence, lack of supervision or maintenance, or if the Product has been altered.
The Supplier is never responsible for the installation of delivered engines; installation must be performed by a professional in accordance with best practices.
In case of engine return, transport costs are borne by the client.
ARTICLE 7 – INTELLECTUAL PROPERTY
The Supplier retains all industrial and intellectual property rights relating to the Products, photographs, and technical documentation, which may not be disclosed or used without written authorization.
ARTICLE 8 – PERSONAL DATA
Personal data collected from Buyers is processed by the Supplier and stored in its Client database, necessary for order processing. This data is also retained for security reasons to comply with legal obligations and will be kept as long as necessary for order execution and applicable warranties.
The data controller is the Supplier. Access to personal data is strictly limited to employees authorized to process it as part of their duties. Data may be shared with third parties contractually bound to the Supplier for subcontracted tasks, without Buyer authorization.
Third parties have limited access to the data and must use it in compliance with applicable data protection laws. Outside these cases, the Supplier will not sell, rent, or transfer data to third parties without the Buyer’s prior consent, except for legitimate legal reasons.
If data is transferred outside the EU, the Buyer will be informed and provided with details on the protective measures taken (e.g. adherence to the “Privacy Shield,” adoption of standard contractual clauses approved by CNIL, or certification).
In accordance with applicable regulations, the Buyer has the right to access, rectify, delete, and port their data, as well as to object to processing for legitimate reasons, by contacting the data controller at 10, rue de Penthièvre, 75008 PARIS or via email at moteurlivre@gmail.com.
In case of a complaint, the Buyer may contact the Supplier’s data protection officer or the CNIL (Commission Nationale de l’Informatique et des Libertés).
ARTICLE 9 – UNFORESEEABILITY
These General Terms of Sale expressly exclude the application of the legal doctrine of unforeseeability provided for in Article 1195 of the French Civil Code to all sales of Products by the Supplier to the Buyer.
The Supplier and Buyer both waive reliance on Article 1195 and agree to perform their contractual obligations even if the contractual balance is disrupted by unforeseeable circumstances, bearing all resulting economic and financial consequences.
ARTICLE 10 – NON-PERFORMANCE EXCEPTION
The Parties expressly waive the provisions of Articles 1219 and 1220 of the French Civil Code on the exception of non-performance.
They therefore undertake to fully perform their obligations even in the event of a breach by either party.
ARTICLE 11 – FORCE MAJEURE
The Parties shall not be held liable if failure or delay in the performance of any of their obligations results from an event of force majeure as defined in Article 1218 of the French Civil Code.
ARTICLE 12 – CONTRACT TERMINATION
Termination due to force majeure:
Termination by operation of law due to force majeure may only occur 14 days after receipt of a formal notice sent by registered letter with acknowledgment of receipt or by any other legal means.
However, the notice must expressly state the intent to invoke this clause.
ARTICLE 13 – DISPUTES
In order to find an amicable solution to any dispute arising from the execution of this contract, the parties agree to meet within three days from receipt of a registered letter with acknowledgment of receipt sent by either party.
This amicable settlement procedure constitutes a mandatory prerequisite before any legal action between the parties. Any legal action brought in violation of this clause shall be deemed inadmissible.
However, if after a period of eight days the parties fail to reach an agreement or compromise, the dispute shall then be submitted to the court of competent jurisdiction designated below.
Nevertheless, such notice must expressly state the intention to invoke this clause.
ARTICLE 13-1 – JURISDICTION
ALL DISPUTES TO WHICH THIS CONTRACT AND ANY AGREEMENTS ARISING THEREFROM MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES, OR AFTERMATH, SHALL BE SUBMITTED TO THE JUDICIAL COURT OF STRASBOURG.
ARTICLE 14 – APPLICABLE LAW – CONTRACT LANGUAGE
These General Terms and Conditions of Sale and the resulting operations are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 15 – BUYER’S ACCEPTANCE
These General Terms and Conditions of Sale are expressly approved and accepted by the Buyer, who declares and acknowledges having full knowledge thereof, and therefore waives the right to invoke any contradictory document, including their own general terms and conditions of purchase.