Terms and conditions of sale.
These General Terms and Conditions of Sale (hereinafter referred to as the " GTCS ") apply to all new, used and reconditioned spare parts (including engines) for agricultural, civil engineering, materials handling and marine machinery and vehicles, as well as to agricultural, civil engineering, materials handling and marine machinery and vehicles (hereinafter referred to as the "Products ") marketed by ALBERTO MOTORS, a société par actions simplifiée (simplified joint stock company) with variable capital of 36.051.70 euros, registered in the Clermont-Ferrand Trade and Companies Register under number 818 995 888, having its registered office at 16 B Rue Jacqueline Auriol - 63170 AUBIERE (hereinafter referred to as " the Company "), to natural persons or legal entities acting within the scope of their professional activities (hereinafter referred to as the " Customer( s)").
Placing an order implies the customer's full and unreserved acceptance of the GCS, to the exclusion of any other document issued by the customer.
No particular condition emanating from the Customer may, without the Company's formal, prior and written acceptance, prevail over the GCS. In the absence of the Company's express prior written acceptance, any condition to the contrary on the part of the Customer shall be unenforceable against the Company.
The Company reserves the right to modify and update, without prior notice, the present GTC. The terms and conditions applicable will be those in force at the time the order is placed.
The General Terms and Conditions can be consulted on the www.albertoexport.fr website or requested from the Company.
To be taken into account, all requests for quotations must be made in writing, in one of the following forms:
The request for a quotation must include all the information required to draw up a quotation, including but not limited to the make and model of the machine or vehicle to which the engine is to be fitted, the registration plate, the main characteristics, the quantity of Product(s), the delivery address, the engine plate and, depending on the type of Product, any other additional information.
The Customer may be asked to complete this information at the Company's request.
The quotation is drawn up by the Company on the basis of the information and references provided by the Customer, or those requested in addition. It is valid for the period indicated on the quotation (or, failing this, for twenty-four hours), and includes a description of the Product(s) and the corresponding price.
The order will become firm and definitive for the Company only after receipt by the Company of full payment for the order or, if expressly agreed in advance and in writing by the Company, of a deposit or a signed proforma. On the other hand, the Customer, acting as a professional, has no right of withdrawal.
Orders that have become firm and definitive cannot be cancelled or modified without the express prior written agreement of the Company.
In this case, modifications to the order may give rise to a new offer of Product and/or price and/or delivery time.
However, no modification of an order, in whole or in part, will be accepted without the prior written agreement of the Company.
Product delivery times are given as an indication only. In the absence of any indication on the quotation, the Company undertakes to use its best efforts to deliver the Products within six (6) months of receipt of the signed quotation. The Company undertakes to use its best endeavors to meet delivery deadlines, but these deadlines may depend on suppliers and their carriers.
Exceeding the delivery time for Products may not give rise to the payment of damages by the Company, nor to the withholding or cancellation of orders in progress.
In any event, the Company cannot be held responsible for delays caused by force majeure as defined in article 9, by the actions of third parties and/or the Customer, in particular by the late or erroneous provision of information.
Any order modification accepted by the Company will give rise to a consequent change in lead times.
The Company will inform the Customer as soon as possible of any delay.
In any event, Products can only be delivered on time if the Customer is up to date with its obligations towards the Company (in particular payment, etc.), whatever the cause, including for previous and/or concomitant and/or subsequent orders.
The Product(s) and any accessories travel at the Customer's risk, notwithstanding the retention of title clause.
Upon receipt, the Customer must check the conformity of the Products and the absence of any apparent defect. It should be noted that it is the Customer's responsibility to check the compatibility of the Product with his machine or vehicle, the Company basing its decision solely on the engine plate, model and serial number.
A Product will be considered compliant if it is equivalent in terms of quality and performance, regardless of brand.
Used and reconditioned Products are not accompanied by their accessories (in particular, but not exclusively, used and reconditioned engines are delivered without alternators and starters).
In the event of loss or damage, the customer must take any action against the carrier in accordance with the provisions of article L. 133-6 of the French Commercial Code. Any claim for damage or partial loss must be made by extrajudicial document or by registered letter to the carrier within three (3) days, not including public holidays. If necessary, he must mention any reservations on the receipt issued by the carrier and keep a copy of it. Visible damage must be photographed in the presence of the carrier.
A copy of the reservations must be sent to the Company without delay and within 48 hours at the latest. Failing this, no claim will be possible.
In the event of the discovery of hidden defects, the Customer must make any claim in writing within fifteen (15) calendar days of the discovery of the defect, failing which no claim will be admissible.
Please note that there is no warranty for hidden defects for Products sold second-hand.
The Company will not accept the return of a Product (and any accessories) without prior written authorization. In any event, the Company reserves the right to remove the Product.
Any Product (and any accessories) returned without the Company's prior written consent will remain at the Customer's disposal and will not give rise to any credit note or replacement.
Once the Company has agreed to collect the Product (and any accessories), the Customer must make an appointment with the Company to collect the defective Product(s) within eight (8) working days from the Company. Failing this, the Customer will not be entitled to any credit note or replacement.
Any removal of the Product (and any accessories) will be at the Customer's expense, and will be systematically invoiced to cover the cost of expert appraisal and inspection.
Upon receipt of the Products (and any accessories) presenting a defect and the subject of the Customer's complaint, the Company will proceed to check and note any non-conformity and/or hidden defects.
In the event of lack of conformity and/or latent defects reported under the conditions defined herein and recognized by the Company, the Company's liability is limited to the repair or replacement (including by an equivalent Product in terms of quality and performance), at the Company's discretion, of the Product recognized as defective, to the exclusion of any compensation, costs, damages and interest.
Modifications or replacements of the Products (and any accessories) shall not have the effect of extending the duration of the action period.
Refunds will only be made after the goods have been collected and inspected by the Company's technical department. If the goods have been altered or damaged by the customer, the latter will not be entitled to a refund.
Ancillary services such as transport, insurance or guarantees will not be reimbursed.
Alberto applies a standard warranty depending on the condition of your engine. The warranty period is 12 months for a new engine, 3 months for a used engine or 6 months for a reconditioned engine.
The operating warranty covers engine wear parts. During the period of validity, in the event of breakdown or malfunction, it allows for the exchange of defective parts or their reimbursement, the exchange of the motor or the reimbursement of the motor's purchase price, after expertise in our workshops.
The operating warranty provides protection for engine parts to the exclusion of any other direct or indirect costs, such as labor, travel, etc. The warranty does not cover compensation, damages or consequential costs resulting from the immobilization of the vehicle.
Alberto offers an adaptability warranty, valid for one month from the date of delivery of the motor. It covers exceptional adaptations made when the motor is installed in the machine. Adaptations are considered exceptional when they do not concern the parts listed below:
Alternator, starter, wiring harness, ECM/ECU, exhaust manifold, intake manifold, fan, oil sump, dipstick, oil filter holder*, rocker arm cover, flywheel, flywheel cover, turbo**.
*If this adaptation concerns a Perkins engine, please contact us for validation. Otherwise, the warranty will no longer apply.
**If this adaptation concerns a new or reconditioned motor, please contact us.
The adaptability warranty applies when the mandatory machine information (make, model, year, machine plate) and engine information (make, model, engine plate) have been supplied in full. If one or more items of information are missing, the warranty does not apply. However, you can subscribe to our in-depth compatibility study.
The adaptability warranty offers protection for so-called exceptional adaptations, to the exclusion of any action carried out without the prior agreement of our experts. The guarantee does not cover compensation, damages or consequential costs resulting from the immobilization of the vehicle.
In general, the Company's warranties (for non-conformity, defects in materials and, where applicable, the commercial warranty) are excluded in the following cases:
Warranty period exceeded: when the request is made outside the warranty period.
Failure to install in accordance with Alberto instructions: when the installation and commissioning instructions in the booklet supplied with the motor are not followed. Some parts of the motor require the agreement of an Alberto technician before handling.
Non-compliance with manufacturer's assembly instructions: when the vehicle manufacturer's assembly instructions are not followed, or when equipment accessories other than those recommended are used.
In the event of repairs carried out without prior agreement: in the event of repairs carried out without the agreement of a technician during the warranty period.
Abnormal use of the motor: in the event of abnormal or abusive use of the motor, i.e. different from the use expected of a similar product.
In the event of negligence or poor maintenance: in the event of negligence or poor maintenance of the motor, or in the event of an accident occurring after delivery. Maintenance must comply with the manufacturer's standards, particularly with regard to the method of lubrication and the lubricants to be used.
In the event of force majeure: in the event of natural disasters, exceptional climatic events, unforeseeable situations that are beyond the control of individuals and are by nature unavoidable.
Prices are quoted in euros, net, without discount, including in the case of advance payment, excluding VAT and shipping costs.
These prices are set according to the rates offered by suppliers. The Company may, depending on the case, be able to present one or more price offers.
Prices are only guaranteed for the duration of the quotation.
Invoicing is based on the tariff in force at the time of delivery.
The VAT rate applicable to the price before tax is that in force on the day the invoice is issued.
As stated in article 5.3, all costs and charges of any kind whatsoever relating to transport (including, but not limited to, any customs and insurance charges) are to be borne by the Customer.
Unless otherwise agreed between the parties, all charges related to the execution of the payment (e.g. bank transfer) shall be borne by the Customer.
As a matter of principle, payments are made in cash. In the absence of payment, no order can be validated. By derogation and subject to sufficient guarantees, a deposit equivalent to 30% of the total amount of the order may be required to validate the order, and the balance must be paid within thirty (30) days of the date of issue of the invoice.
The Company reserves the right to request additional bank guarantees.
In the event of difficulty in payment for a previous order, the Company reserves the right to refuse any further order and to request payment in advance and in cash for any subsequent order.
No discount is granted for early payment.
Under no circumstances may payments due to the Company be suspended, reduced or offset in any way without the Company's written consent.
Any payment made to the Company is deducted from the sums due, whatever the cause, starting with those due the earliest.
In the event of late payment, any Customer shall owe the Company :
In addition, if there is reason to claim, the Company may claim Products of the same nature and quality in the hands of the Customer or any person holding them on the Customer's behalf.
Similarly, the Company may claim the price or part of the price of the Products which has not been paid, settled in value or compensated between the Company and the Customer at the date of the judgment opening the safeguard, recovery or liquidation proceedings.
The Company shall not be liable and shall not be deemed to have breached its obligations if such breach is due to an event of force majeure.
Force majeure is any unforeseeable, irresistible event beyond the control of one or both of the Parties, including weather conditions, riots, fire, water damage of any kind, accidents, industrial action resulting in the occupation of premises, governmental, regulatory or legislative decisions or any other restrictions, natural disasters, interruption of communications, energy shortages or any other cause beyond the control of one of the Parties.
The total and cumulative liability of the Company in connection with the execution of the order and/or the contract entered into in application of the GCS shall in no event exceed the total amount of the price paid by the Customer for the order(s) in dispute, and in any event the amount paid by the Customer over the last twelve months, whichever is the lesser.
The Company may not be held liable in the event of force majeure or due to the fault of the Customer, in particular but not exclusively :
In addition, the Customer is fully aware that certain Products are sold second-hand and are therefore sold at the Customer's risk.
The Customer must take all necessary precautions to protect the health and safety of any person working on the Product and/or in its vicinity.
The Company may only be held liable for a duly proven fault.
In any event, the Company shall only be liable for direct damages, to the exclusion of any indirect or consequential damages such as, but not limited to, loss of sales, loss of customers, loss of image, loss of organization.
All financial, commercial or technical information, know-how, reports or other information of any kind relating directly or indirectly to the business of the parties which may be communicated by one of them to the other for the purposes of the performance of the present contract or of which they may become aware on this occasion, as well as the personal data of employees, employees and persons involved in the performance of the present contract will, both during the course of the present contract and after its termination, be held in strict confidence by each of the parties, who will further refrain from disclosing them in any manner or for any reason whatsoever, and from using them for any purpose other than that provided for herein.
The parties undertake to take all necessary measures to ensure that the obligations arising from the present provision are respected by all servants, employees and agents.
However, the Customer or the Company shall not be held liable for any disclosure if the elements disclosed are in the public domain or if the Customer or the Company has knowledge of them or has obtained them from third parties by legitimate means.
Personal data is protected by the French Data Protection Act no. 78-17 of January 6, 1978, amended by Act no. 2004-801 of August 6, 2004 on the protection of individuals with regard to the processing of personal data; article L. 226-13 of the French Criminal Code; and Directive 95/46/EC of the European Parliament and of the Council of October 24, 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
We rely on the definition given in the General Data Protection Regulation (GDPR): "any information relating to an identified or identifiable natural person; an 'identifiable natural person' is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity."
We receive personal information about you when you contact us directly or visit the Alberto website (www.alberto-motors.fr) to request a quote for a product or service or to ask a general question. When using the Site, the following data may be collected: the URL of the links by which the user has accessed the Site, the user's access provider, the user's Internet Protocol (IP) address.
In the course of the performance of this Contract, the Company will be required to collect personal data from the customer's employees: First and last name, e-mail address, telephone number, company name, billing address, delivery address, details of Alberto products you are interested in, machine(s) and use, comment.
This data is processed by the Company, which is responsible for processing it, and will be collected for the sole purpose of managing and monitoring contracts, as well as providing proof of its obligations. The processing is necessary for the execution of the contract concluded with the customer, and the customer is responsible for informing his employees.
Data is collected in a customer file, which is protected by a code. The user provides this information voluntarily. The data is stored on our company's servers and is not transferred outside the European Union. No automated decisions are made on the basis of data collected in this way. This data is transmitted exclusively to those who need to know it, i.e. any subcontractors, accountants or consultants.
The Alberto company uses your personal information for :
To identify who you are when you contact us.
To provide you with the products or services you have requested and to find products that may be of interest to you.
To contact you about your products, to answer your technical or general questions, or to handle warranty claims or product safety communications.
To improve our products or services and to conduct customer surveys.
To send you marketing information about products or services.
To invite you to events that may be of interest to you.
This data is kept for a reasonable period necessary for the proper administration and execution of orders and for the duration of the legal prescription applicable to the present contract.
In accordance with the French Data Protection Act of January 6, 1978, the user has the following rights:
Right of access: you may request access to your personal information and other details about how your personal information is handled by Alberto.
Right to object: you have the right to object to the processing of your personal data for direct marketing purposes.
Right of rectification: you may request the rectification of any incorrect personal data held about you.
Right to be forgotten: you can ask for your personal data to be deleted.
You have the right, at any time, to withdraw your consent to receive communications from Alberto. To do so, the user simply needs to contact ALBERTO EXPORT at the following address: contact@albertoexport.com and include the following in the subject line: Modification of personal data.
Each person is also entitled to lodge a complaint with the CNIL. Failure to provide this information may result in the impossibility of fulfilling orders, which are the subject of these GTC. No personal information of the user of the Site is published, exchanged, transferred or sold to third parties.
In accordance with the provisions of the law of August 6, 2004, the Site is declared to the CNIL under the following number: n°1792802.
The Customer authorizes the Company to mention the Customer's name in its internal and external communications and also to mention the Customer's name together with its logo on a list of references which it may distribute to prospective customers and also on its website www.albertoexport.com.
Any notification made in application of the contract shall be sent by registered letter with acknowledgement of receipt and/or extrajudicial document to the registered office (for legal entities) or domicile (for natural persons) of each of the Parties. Notifications will be deemed to have been made on the date of the postmark.
In the event that any clause of the GTCS should be null and void or inapplicable by virtue of a law or regulation or following an enforceable decision by a competent court or authority, the Parties expressly agree that the order or contract taken in application of the GTCS shall not be affected by the nullity of the aforementioned clause.
The Company's failure at any time to require strict performance by the Customer of any provision or condition of the GTCS shall not be deemed to constitute a definitive waiver of such provision or condition. Consequently, the Company may at any time require strict and full performance by the Customer of the provisions and conditions of the GCS.
In the event of translation of the present document, the French version shall prevail.
The present General Terms and Conditions are subject to French law in its material provisions, to the exclusion of any other applicable international convention, including the Vienna Convention on the International Sale of Goods of April 11, 1980.
Any legal action relating to these GCS or to the validity, conclusion, interpretation, performance or termination of a contract arising therefrom shall be brought before the Commercial Court of the place of the Company's registered office.
Terms and conditions updated 07/26/2022
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