Terms and conditions of sales
These general terms and conditions of sales (hereinafter the “ Terms and Conditions ”) are applied to all purchases made by an internet user/natural person (hereinafter the “BUYER”) on the web site www.speedmax.biz (hereinafter the “WEB SITE”) to Ermax, SAS registered at the “Registre du Commerce et des Sociétés de Marseille” with the number RCS 316 475 599. Ermax has its head office located at 1074 avenue des Carrières, ZA de la Plaine du Caire III, 13830 Roquefort la Bédoule, France, phone : (33) (0) 442736791, fax: (33) (0) 442735882, email: email@example.com (hereinafter the “SELLER”).
Any order on the website implies the complete support without reserve of the CUSTOMER on the present general conditions.
Article 1. DEFINITION
As used in these Terms and Conditions, the following terms have the following meanings:
« CLIENT »: means the contractual counterpart of the SELLER, who assures corresponding to the quality of the consumer as defined by French law and jurisprudence. As such, the CLIENT is expressly provided to act outside any regular or commercial activity.
« DELIVERY »: means the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated when ordering.
« PRODUCTS »: means the whole range of products available on the WEB SITE. The mentioned label of motorbikes and scooters manufacturers are indicated exclusively as a reference to Ermax accessories.
« TERRITORY »: means the whole world, except some countries unserved (countries list available at the time of the CLIENT’s account registration). Among others, Speedmax does not deliver Germany.
Article 2. MATTER
These Terms and Conditions govern the sale by the SELLER to his CLIENTS of the products offered for sale on the WEB SITE.
The CLIENT is clearly informed and acknowledges that the WEB SITE is intended for consumers and that professionals must contact the SELLER’s commercial section to benefit from separate contractual conditions.
Article 3. ACCEPTANCE OF TERMS AND CONDITIONS
The CLIENT agrees to read carefully and accept the Terms and conditions before making the payment of the PRODUCTS ordered on the WEB SITE.
These Terms and Conditions are available at the bottom of each page on the WEB SITE via a link, and must be consulted before ordering. The CLIENT is requested to carefully read, download, print the Terms and Conditions and keep a copy.
The SELLER advises the CLIENT to read the Terms and Conditions before each new order, the last version of these Terms and Conditions being applicable to any new PRODUCTs order.
By clicking on the first button to place the order, and then on the second button to confirm the said order, the CLIENT acknowledges having read, understood and accepted the Terms and Conditions without limitation nor conditions.
Article 4. OPEN AN ACCOUNT – PURCHASES OF PRODUCTS ON THE WEB SITE
The CLIENT must be at least 18 years old to purchase a PRODUCT and have the legal capacity, or if he’s a minor, to be able to justify his legal representatives’ agreement.
The CLIENT will be required to provide information for identifying him by filling out the form available on the WEB SITE. Mark (*) indicates required fields that must be filled for the CLIENT’s order to be processed by the SELLER. The CLIENT can check the status of his order on the WEB SITE. If it is necessary, DELIVERIES can be tracked using online tools given by some carriers. The CLIENT can also contact the SELLER’s commercial section by email at any time at the address firstname.lastname@example.org, to be informed on the status of his order.
Information given by the CLIENT to the SELLER when ordering must be complete, accurate and current. The SELLER reserves the right to ask the CLIENT to validate his identity, eligibility and provided information by any appropriate means.
Article 5. ORDERS
Article 5.1. Characteristic of goods
The SELLER endeavors to show as clearly as possible the main characteristics of the PRODUCTS (on information sheets available on the WEB SITE) and mandatory information the CLIENT must receive under applicable law (in these Terms and Conditions).
The CLIENT agrees to read this information carefully before placing an order on the WEB SITE.
The SELLER reserves the right to modify the PRODUCTS available on the WEB SITE, including constraints related to his suppliers.
Unless otherwise stated, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.
Article 5.2. Order process
Orders of PRODUCTS are placed directly on the WEB SITE. To place an order, the CLIENT must follow the steps explained below (please note that steps may slightly vary according to the CLIENT start page).
5.2.1. PRODUCT select and purchase options
The CLIENT must select the PRODUCT(s) of his choice by clicking the concerned PRODUCT(s) and choosing desired characteristics and quantities. The PRODUCT is placed in the CLIENT’s cart after having been selected. The CLIENT can add as many PRODUCTS as he wants to his cart.
Beware of vehicle registration documents that do not always reflect the exact manufacturing year of the motorcycle or scooter. It’s necessary for you to choose the items corresponding to the manufacturing year of the vehicle. The model year of the vehicle is confirmed with the serial number of the vehicle.
After having selected and placed the PRODUCTS in the cart, the CLIENT must click on the cart and check that the content of its order is correct (quantities, characteristics and references of the PRODUCTS ordered). If not already done, the CLIENT will then be asked to identify or to register.
As soon as the content of the cart is validated by the CLIENT and this one is identified/registered, an automatically completed online form summarizing prices and, where appropriated, shipping costs will appear.
The CLIENT must review and validate its delivery and billing addresses, then choose its delivery method. Shipping costs will be updated according to these choices.
The CLIENT can then carry out the payment of the PRODUCTS by following instructions on the WEB SITE.
Orders must include all needed information to process the order in the best conditions.
5.2.3. Acknowledgement of receipt
Once all steps above have been completed, a page will appear on the WEB SITE to acknowledge receipt of the CLIENT’s order. A copy of the confirmation page of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct.
The SELLER will not send order confirmation by post or fax.
During the order process, the CLIENT shall enter needed information for billing (sign (*) indicates required fields that must be filled so that the SELLER can proceed with CLIENT’s order).
The CLIENT must clearly indicate all the information relating to the DELIVERY, especially the exact DELIVERY address, including a possible access code to the DELIVERY address.
The CLIENT shall then specify the chosen payment method.
Neither the order form set online by the CLIENT, nor the acknowledgement of the order emailed by the SELLER to the CLIENT represent an invoice. Whatever the way of payment, the CLIENT will receive the original invoice at the DELIVERY of the PRODUCTS, with the parcel.
5.3. Date of order
The date of the order is the date on which the SELLER acknowledges receipt online of the order.
Period shown on the WEB SITE starts from this date.
The CLIENT will find on the WEB SITE prices in euros (€) for all PRODUCTS.
For DELIVERIES in the European Union, prices include the French valued added tax (VAT), at the rate in force on the day of the order. Any modification of the applicable rate may have an impact on the price of the PRODUCTS from the date of entry in force of the new rate.
For DELIVERIES out of the European Union and exported to DROM-COM, the prices that are indicated exclude tax, and PRODUCTS are invoiced VAT excluded. The CLIENT will have to pay supplement customs and taxes according to the destination, calculated by customs service. Carriers may too bill fixed processing fee for the administrative treatment of these customs operations.
Prices are valid, except major error. The applicable price is the one shown on the WEB SITE at the date on which the CLIENT places its order. SELLER’s supplier prices may change. Prices shown on the WEB SITE are consequently subjected to change too. They can also be modified for special offers or sales.
Shipping costs are calculated according to the CLIENT’s DELIVERY address and the chosen carrier. They are added to the PRODUCTS price while the order process.
5.5. Availability of PRODUCTS
The SELLER applies a “just-in-time inventory management” according to the concerned PRODUCT. Moreover, a few PRODUCTS concerning old vehicles or personalized are only “custom-made”. Therefore, they are not available at the time of the order.
Anyway, in case of unavailability at the time of the order, the SELLER shall promptly inform the CLIENT by email about the unavailability of the PRODUCT. The CLIENT may ask an alternative PRODUCT of similar quality and price, if manufacturing is not yet started.
Orders with remaining PRODUCTS will be shipped once. For split shipments, the CLIENT will have to inform the SELLER by email to email@example.com, and pay additional shipping costs.
If the CLIENT decides to cancel his order of unavailable PRODUCTS and if manufacturing is not yet started, he will be reimbursed of all sums paid for unavailable PRODUCTS, without any undue delay and no later than thirty (30) days of the payment.
Article 6. RIGHT OF WITHDRAWAL
The modalities for the exercise of the right of withdrawal are provided in the “right of withdrawal” in Annex 1 of these Terms and Conditions and accessible at the bottom of each page on the WEB SITE in “information on returns” (via a hyperlink).
Article 7. PAYMENT
7.1. Methods of payment
The CLIENT pay his PRODUCTS online on the WEB SITE following the methods proposed by the SELLER.
The CLIENT provides the SELLER with an implied warranty that he has the requisite authorization to use the chosen method of payment.
The SELLER shall take the necessary precautions to keep your data transmitted online always safe and private as part of the online payment on the WEB SITE.
In this respect, it’s noted that all information relating of the payment provided on the WEB SITE is transferred to the bank of the WEB SITE and it’s not treated on the WEB SITE.
7.2. Date of payment
Payments are made by credit card or Paypal account, at one time. The CLIENT account is debited as soon as the PRODUCT order is passed on the WEB SITE.
7.3. Delay or refusal of payment
In case the bank refuses to debit card or the other payment methods proposed, the CLIENT shall contact the client service of the SELLER to pay the order by other suitable means of payment.
In the event that for any reason (opposition, rejection or another) the transmission of money owed by the CLIENT is impossible, the order will be canceled and the sale automatically terminated.
Article 8. PROOF AND ARCHIVING
Any contract with the CLIENT that corresponds to an order exceeding a limit of 120 euros inclusive of tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer code.
The SELLER agrees to archive this information in order to ensure follow-up of transactions and to provide a copy of the contract upon request of the CLIENT.
In case of dispute, the SELLER will have the opportunity to prove the reliability of his electronic tracking system and that he ensures transaction integrity.
Article 9. OWNERSHIP TRANSFER
The SELLER remains owner of the PRODUCTS until the complete and effective payment by the CLIENT.
The aforementioned provisions do not prevent the transfer to the CLIENT (at receipt time by him or by a third party indicated by him other than the carrier) of risks of loss or deterioration of the PRODUCTS subject to the right of ownership, and the risks of damage they can cause.
Article 10. DELIVERY
The arrangements for PRODUCTS DELIVERY are provided in the “Policy of delivery” specified in Annex 2 of these Terms and Conditions and available at the bottom of each page of the WEB SITE via hyperlink.
Article 11. PACKAGING
PRODUCTS will be packaged in accordance with current transport standards, to ensure the maximum level of protection for PRODUCTS during DELIVERY. CLIENTS undertake to respect the same standards when they send PRODUCTS back in conditions given in Annex 1 – Policy of withdrawal.
Article 12. WARRANTIES
12.1. Conformity guarantee
The SELLER shall deliver PRODUCTS conform to specifications, that is to say suitable for the use expected of similar goods and matching the description given on the WEB SITE. This compliance implies that the PRODUCT has the qualities that a purchaser might legitimately expect in view of public statements made by the SELLER, including advertisement and labelling. The conformity defect has to be existent at the time of the purchase.
Action resulting from defects in conformity lapses after two (2) years from the date of DELIVERY of the PRODUCT.
In case of a conformity defect, the CLIENT may ask his PRODUCT to be repaired or replaced. However, if the cost of the CLIENT’s choice is clearly excessive and disproportionate compared to the other option, given the price of the PRODUCT or the significance of the defect, the SELLER may reimburse without following the CLIENT’s choice.
In the event a replacement or a repair is impossible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the PRODUCT returned by the CLIENT to the following address: 1074 avenue des Carrières, ZA de la Plaine du Caire III, 13830 Roquefort la Bédoule, France.
12.2. Hidden defects guarantee
The SELLER is bound to a warranty on account of the latent defects of the PRODUCT sold which render it unfit for the use for which it is intended, or that decrease this use to the point the CLIENT would not have bought it, or given a lesser price for it, had he known of them.
This guarantee allows the CLIENT that can prove the existence of a latent defect to choose a refund the price of the PRODUCT if returned or the reimbursement of portion of its price if the PRODUCT is not returned. The latent defect has to be existent at the time of the purchase.
In the event a replacement or a repair is impossible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the PRODUCT returned by the CLIENT to the following address: 1074 avenue des Carrières, ZA de la Plaine du Caire III, 13830 Roquefort la Bédoule, France.
The action resulting from latent defects must be brought by the CLIENT within a period of two (2) years following the reception of the PRODUCT.
12.3. Contractual manufacturer’s guarantee
- Ermax PRODUCTS are guaranteed for one year. Our guarantees only cover Ermax items.
- Ermax accessories are foreseen for original equipments. They will not be guaranteed if they are used in others conditions.
- Due to vehicles made tolerances, beyond our control, some Ermax PRODUCTS might need adjustings to fit.
- Care to excessive clampings which may damage or break our plastic accessories and aluminium screws.
- The parts’ mounting is not guaranteed (excessive tightening of screws, modifications that must be made on the bike but not worked…).
- Items damaged by corrosive liquids are not guaranteed (battery or brake fluid, gas …).
- The CLIENT has to make himself acquainted with all the characteristics of the PRODUCTS, including their use and installation, and implement appropriate procedures to ensure the best use of goods. A user guide is supplied with Ermax PRODUCTS (you can download it on each product sheet on this web site).
12.3.2. Ermax’s ABS painted parts
Painted and varnished parts are not guaranteed against high pressure steam washes or aggressive cleaning products which can damage them and unstuck the varnish. Moreover, according to the technical data of our painting suppliers, we advise the CLIENTS to wait one month to obtain a complete polymerization of varnish.
12.3.3. Ermax’s screens, nose screens and windshields in PMMA (plexiglass, perspex®)
- Screens damaged by an inadequat washing are not guaranteed (abrasive, corrosive … products, solvent, thinner, benzine …). Wash immediately brake or battery fluid which may flow on accessories.
- In order to increase the longevity of your chromed fixings, it is advised to polish them off with an anticorrosion product as WD40® after each washing or exposition at humid atmosphere (rain …).
Article 13. RESPONSIBILITY
The SELLER cannot be held responsible in the event of total or partial non-performance or inadequate performance of contractual obligations attributable to the CLIENT, especially when entering the order.
We remind that a number of registration cards do not reflect the exact model year of motorcycle, and we caution you against the mistakes of the year (there can be a difference of 2 years between the registration year and the output one).
The SELLER cannot be held responsible, or considered as having breached the present Conditions, for any delays or non-performance, when the cause of that delay or failure to execute is liable to an Act of God, a case of absolute necessity or a fortuitous occurrence as defined by the jurisprudence of French courts.
It’s also clarified that the SELLER does not control web sites directly or indirectly related to the WEB SITE. Consequently, it assumes no responsibility for information published on. Links to third-party web sites are provided as a service for information purposes only and does not guaranteed the accuracy or completeness of any of the information provided.
Article 14. PERSONAL DATA
The SELLER gathers personal data about his CLIENTS on the WEB SITE, including through cookies. CLIENTS can disable cookies by following instructions provided by their internet browser.
Data collected by the SELLER are used to process orders on the WEB SITE, manage CLIENT’s account, analyze orders and, if the CLIENT chooses to do so, send him mail for commercial prospection, newsletters, promotional offers and/or information about special sales, unless the CLIENT does any more wish such communications from the SELLER.
CLIENT data will be kept confidential by the SELLER, in accordance with his declaration to “Commission Nationale Informatique et Libertés” (CNIL), for the purposes of the contract, its execution, and in accordance with law.
CLIENTS are allowed to delete their registration at any time through their on-line account or by clicking on the hyperlink provided at the bottom of each promotion offer received by e-mail.
Data can be communicated, in whole or in part, to the SELLER’s service providers that occur the ordering processing. The SELLER may transfer his CLIENTS’ name and data to his trading partners for commercial purposes, provided they have previously consented at their registration on the WEB SITE.
The SELLER may also ask his CLIENTS if they wish to receive commercial offers from his partners.
In accordance with law n°78-17 of January 1978 with regard to civil liberties, and the electronic storage and retrieval, the CLIENT has a right of access, correction, opposition (for legitimate reasons) and deletion concerning his collected personal data. He may exercise this right inline sending an email to: firstname.lastname@example.org, or by writing at the following address: 1074 avenue des Carrières, ZA de la Plaine III, 13830 Roquefort la Bédoule, France.
It is mentioned that the CLIENT shall show proof of his identity, either by scanning an ID, or by sending a photocopy of his ID to the SELLER.
Article 15. COMPLAINTS
The SELLER shall provide a “toll-free telephone service” to+33-(0)442733081 to the CLIENT.
Any written CLIENT’s claims must be sent to the following address: 1074 avenue des Carrières, ZA de la plaine III, 13830 Roquefort la Bédoule, France, or e-mail to: email@example.com.
Article 16. INTELLECTUAL PROPERTY
All of the visual and sound elements of the WEB SITE, including the underlying technology used, are protected by copyright, trademarks or patents.
All these elements are the exclusive property of the SELLER. Anyone who publishes a web site and want to create a direct hypertext link to the WEB SITE must request SELLER’s permission in writing.
Under no circumstances, this SELLER’s authorization will be granted permanently. This link must be deleted at the request of the SELLER. Hypertext links to the WEB SITE that use techniques such as framing or the insertion of hypertext links (in-line linking) are strictly forbidden.
Article 17. VALIDITY OF TERMS AND CONDITIONS
Any modification on the applicable legislation or regulation, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions does not in any way affect the validity and compliance of the present Terms and Conditions. In no case such change or decision does not authorize CLIENTS to ignore the present Terms and Conditions.
All conditions not specifically addressed herein shall be governed in accordance with the trade to individuals, for companies which headquarters are located in France.
Article 18. TERMS AND CONDITIONS MODIFICATIONS
These Terms and Conditions are applied to all purchases made online on the WEB SITE, as long as the WEB SITE is online.
Terms and Conditions are precisely dated and may be amended and updated at any time by the SELLER. Applicable Terms and Conditions are those in effect at the time of the order.
Amendments made to the Terms and Conditions will not be applied to PRODUCTS previously purchased.
Article 19. LAW AND JURISDICTION
These Terms and Conditions and relations between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, the commercial court of Marseille (France) will be only qualified.
Nevertheless, prior to bringing any case before the arbitral tribunal or national court, negotiations will be chosen in a spirit of loyalty and in good faith to reach an amicable agreement upon the occurrence of disputes relating to this contract, including on its validity.
The party that wants to implement the negotiating process will have to inform the other party by registered letter with an acknowledgement of receipt mentioning the elements of the conflict. If, after the expiry of one 15 (fifteen) days period, the parties could not agree, disputes shall be governed by the competent jurisdiction above-mentioned.
Throughout the negotiation process until its conclusion, parties undertake not to exercise any legal action against one another and for the purpose of the negotiation. As an exception, parties are permitted to bring an action before the competent court or to ask for an issuance of an order on request. A possible action before a summary trial judge or the initiation of a process on request does not mean that parties waive the clause of an amicable settlement, unless expressly provided otherwise.
Principle of right of withdrawal
The CLIENT has the right to return the PRODUCT to the SELLER, within 14 (fourteen) calendar days within the receipt of the merchandise.
The withdrawal period expires within 14 (fourteen) calendar days after the date the CLIENT physically takes possession of his PRODUCT.
If the CLIENT’s order includes several PRODUCTS, and if these PRODUCTS are delivered separately, the withdrawal period expires within 14 (fourteen) calendar days after the date the CLIENT physically takes possession of the last PRODUCT.
Notification of the right of withdrawal
The CLIENT must notify his decision to exercise his right of withdrawal from this contract by sending our retraction form to : Ermax, 1074 avenue des Carrières, ZA de la Plaine du Caire III, 13830 Roquefort la Bédoule, France or firstname.lastname@example.org.
Form to download, by clicking on the following link: Form
The CLIENT will return the item within 14 (fourteen) calendar days after having notified his decision to withdraw from this contract, to the following address: Ermax, 1074 avenue des Carrières, ZA de la Plaine du Caire III, 13830 Roquefort la Bédoule, France.
This deadline is met if the CLIENT returns the item before the end of the 14 (fourteen) days period.
The CLIENT will cover the direct costs for returning goods.
State of the returned item
The PRODUCT must be returned according to the SELLER’s instructions:
- The PRODUCT must be returned with all supplied accessories.
- The PRODUCT must be new and in perfect condition to be handed in stock and sold: there must be no mounting trace or scratch. Beware of screens, nose screens and windshields which can be micro-scratched in unsuitable packaging.
Accessories gone up on the motorbike will not be any more considered as new and will be neither retaken nor exchanged.
PRODUCTS are packaged in accordance with current transport standards, to ensure the maximum level of protection for PRODUCTS while the DELIVERY. CLIENT has to respect the same standards when he send back PRODUCTS to the SELLER. As such, CLIENT is encouraged to send back the PRODUCT in its original packaging.
Effects of the withdrawal
In case of withdrawal of the CLIENT, the SELLER agrees to reimburse the price of the PRODUCT(S), without excessive delay and, in any case, at the latest fourteen (14) days after the day the SELLER receives the returned goods.
The SELLER may refuse the reimbursement of the PRODUCT if this one is not returned according to the above-mentioned instructions. If the CLIENT wants then to recover its PRODUCT, he will have to pay transport charges and taxes generated by the re-DELIVERY.
A few PRODUCTS are not retaken or refunded. The CLIENT cannot exercise his right of withdrawal in the following cases:
- Screens, nose screens and windshields customized with silkscreen printing.
- Screens, nose screens and windshields different than clear, light smoked, light grey, light black, dark black and satin black.
- Products concerning vehicles of more than 10 years. We remind that a number of registration cards do not reflect the exact model year of motorcycle, and we caution you against the mistakes of the year (there can be a difference of 2 years between the registration year and the output one).
- Products made according to CLIENT’s specifications or clearly personalized.
POLICY OF DELIVERY
Listed PRODUCTS can be shipped on the TERRITORY only.
Orders with a delivery address located outside this TERRITORY cannot be placed.
The PRODUCTS are shipped to the delivery address(es) provided by the CLIENT during the order process.
PRODUCTS are shipped within 3 days of receiving your payment, if they are in stock. PRODUCTS concerning old vehicles, made-to-order and/or personalized may require a supplementary manufacturing delay. Speedmax carries out sendings from Monday to Friday, except public holidays. A link will be provided as soon as possible to track online delivery of your parcel (provided that the email address in the registration form is correct).
Orders with remaining PRODUCTS will be shipped once. For split shipments, CLIENT will have to inform the SELLER by email to email@example.com, and pay additional shipping costs.
Shipping charges include packaging, handling and shipping fee. Your parcel will be dispatched at your own risk: therefore you must check the goods conditions at DELIVERY, and express reservations with the carrier if necessary. PRODUCTS are packaged in accordance with current transport standards, and special care is taken to protect fragile goods.
According to your country, customs charges and taxes may be to pay at DELIVERY. The carrier will claim them to deliver your parcel. They are not included in shipping costs.
Deliveries in Europe by DPD
Delivery time to neighboring countries to France is 1 to 3 working days, 4 to 6 for far countries. Orders from countries members of European Union are charged inclusive of tax, at the applicable rate in France (20%).
DPD delivers at home or work, within a time slot definite with them. Your mobile phone number is essential.
Deliveries in countries out of Europe by Fedex and DPD
Delivery time is 1 to 15 working days depending on the consignee country and delivery service you chose (express or economy). Goods are charged duty free. In addition to the shipping fee paid to Speedmax when ordering, you will have to pay customs and taxes applicable in your country. These fees will be charged by the carrier.
If your country is not served by Speedmax WEB SITE, you can find a distributor of Ermax range of PRODUCTS on www.ermax.fr web site, or email us to find another delivery solution: firstname.lastname@example.org.
Shipping costs are calculated upon the mode and the place of delivery. They are then indicated after having chosen your delivery address and the carrier and the order process. The CLIENT will pay the amount of these costs in addition to the price of purchased PRODUCTS.
The CLIENT is informed of the date of DELIVERY by the track online link of the carrier.
It is stated that DELIVERIES will occur within thirty (30) days maximum. Otherwise, the CLIENT can notice the SELLER to deliver the good within a reasonable time and in the event of non-delivery by the time, he is entitled to rescind the agreement. Without undue delay from the day of receipt of the notice of termination, the SELLER will refund the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs.
The SELLER is liable until the DELIVERY of the PRODUCT to the CLIENT. But the PRODUCT travels at the risks of the recipient. Therefore, the CLIENT has to give notification to the carrier of damages or partial loss recognized at the time of the DELIVERY.
Roquefort la Bédoule, 19/07/04