Terms and conditions of sale

01

Scope

These terms govern every service carried out by Naël Riou, trading as Waynholl: engine rebuilding and reconstruction, machining, grinding, cylinder-head reconditioning, metrology, technical study, reverse engineering, preparation and development.

They apply to private customers and to businesses alike. Accepting a quotation constitutes unreserved acceptance of these terms, which prevail over the customer’s own purchasing conditions unless otherwise agreed in writing.

02

Quotation and order

No work is started without an accepted written quotation. The quotation is free when it can be based on the information supplied by the customer. Where a preliminary diagnosis is needed — stripping down, measurement, crack testing — its cost is stated before the work is done and remains payable even if the resulting quotation is not taken up.

The quotation is valid for thirty days. It describes the operations planned, the parts to be supplied and the tolerances aimed for. An operation not mentioned is not included.

Older mechanical work holds surprises: if stripping down reveals a fault invisible until then — a crack, a dimension beyond limits, a badly executed earlier repair — the work is suspended and a supplementary quotation is submitted. Nothing is committed without your agreement.

03

Prices and payment

Prices are stated in euros and are net of tax: VAT not applicable, article 293 B of the French general tax code. No VAT can therefore be reclaimed on the invoices issued.

Unless the quotation states otherwise, a deposit of 30 % is payable on ordering, with the balance on completion of the work and before collection. Payment is made by bank transfer or in cash within the legal limit.

Any sum unpaid when due bears interest at the applicable statutory rate, with no prior formal notice. For a business customer, the fixed recovery indemnity of €40 provided for by article L. 441-10 of the French commercial code is added.

04

Lead times

The lead time stated in the quotation runs from receipt of all the necessary items — parts, engine, technical documents — and payment of the deposit.

That lead time is indicative. A delay in sourcing rare parts, the discovery of a hidden fault or an event of force majeure may push it back; you are informed, with the reason and a new date. A reasonable overrun gives no right to compensation or to cancellation.

05

Parts and supplies

Parts may be supplied by the workshop or by the customer. Where the customer supplies them, the workshop checks them before assembly but guarantees neither their quality, nor their conformity, nor their durability. A part judged unfit for assembly is reported and not fitted.

Original parts that have been replaced are kept available to you for thirty days after invoicing, then recycled, unless a written request for their return is made before the work begins.

Drawings, dimensional records and study documents produced by the workshop remain its intellectual property. They are given to you for your own use and may not be passed to a third party, nor serve as the basis for remanufacture by another supplier, without written agreement.

06

Collection and storage

Parts and engines are collected from the workshop by appointment, once the balance has been paid. Shipping is possible at the customer’s cost and risk; packing is invoiced at cost. Any reservations must be raised with the carrier on delivery.

Beyond thirty days after notice that the work is complete, storage charges may be applied, subject to prior notice. The workshop is not an insurer of the goods entrusted to it: it takes reasonable care of them, without covering damage that falls to the owner’s own insurance.

07

Right of withdrawal

A consumer customer entering into a contract at a distance or away from business premises has fourteen days to withdraw, without reason or penalty, under article L. 221-18 of the French consumer code. The request may be sent by a simple email.

If you expressly ask for the work to start before the end of that period, and it is fully performed, the right of withdrawal can no longer be exercised (article L. 221-28, 1°). Where performance is partial, only the work actually done and the parts already committed are payable.

This right does not apply to services carried out to measure according to your specifications — a part remanufactured from an original, machining to a particular dimension — nor to business customers.

08

Warranties

A consumer customer benefits as of right from the statutory guarantee of conformity (articles L. 217-3 et seq. of the French consumer code) and from the guarantee against hidden defects (articles 1641 et seq. of the French civil code). Those guarantees apply independently of any commercial warranty.

The workshop further warrants its machining and assembly work against any defect in execution attributable to it. That warranty covers redoing the work concerned; it does not cover parts supplied by the customer, nor indirect consequences.

Excluded from every warranty: failure to follow the running-in and maintenance instructions supplied with the engine, the use of unsuitable fuels or lubricants, overheating, a cooling or lubrication failure outside the work carried out, intervention by a third party on the assembly delivered, and competition use where the quotation did not provide for it.

09

Liability

The workshop is bound by a duty of care, not of result, on study, development and set-up work: it applies its know-how and its machines without guaranteeing a figure for power, torque or lap time, unless an explicit written undertaking is given in the quotation.

Save for gross negligence or wilful misconduct, the workshop’s liability is limited to the amount invoiced for the service. It does not extend to indirect losses — the vehicle being off the road, loss of business, a missed event. It is for the customer to check that the assembly complies with the technical regulations of their discipline before any competition entry.

10

Complaints, mediation and governing law

Any complaint must be sent in writing to ask [at] waynholl.com, with a description of the fault observed and, if possible, photographs. We look first for a direct technical solution: it is almost always the quickest.

Consumer mediator: CM2C
Waynholl’s designated consumer mediation body is the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C).
Postal address: 49 rue de Ponthieu, 75008 Paris, France.
Website: www.cm2c.net.
To submit a dispute: submission procedures and online application, by post to the address above or by email to declarer-un-litige@cm2c.net.

Under articles L. 612-1 and L. 616-1 of the French Consumer Code, consumer customers may use CM2C free of charge to seek an amicable resolution of a dispute relating to a Waynholl service, after first making a written complaint to the workshop that remains unresolved. The application must be submitted within one year of that written complaint, subject to the admissibility conditions in article L. 612-2, including that the same dispute has not been examined and is not being examined by another mediator or a court. Mediation is optional and does not prevent the consumer from bringing the matter before the competent court.

These terms are governed by French law. Failing an amicable resolution, the dispute falls to the courts having jurisdiction under the general law; for a business customer, jurisdiction is given to the court of the district in which the workshop is established.