Business terms & conditions

1. Scope and purpose

These General Terms and Conditions of Sale to Professionals ("Business T&Cs") govern the entire contractual relationship between the company TRANSPORTS TMD, a French SAS with share capital of €15,000, registered with the Salon-de-Provence Trade and Companies Register under number 819 965 674, whose registered office is at La Feuillane - Lot 78 - ZA de la Feuillane, 13270 Fos-sur-Mer (France), operating the website atlantiqbox.com under the trade name «Atlantiq Box» (hereinafter the "Seller" or "Atlantiq Box") and any legal entity or natural person acting in a professional capacity (hereinafter the "Business Customer", "Buyer" or "Customer").

They apply to any order of standard shipping containers, special containers, modified containers, bungalows, mobile homes, accessories and associated services (transport, modifications, installation, maintenance) placed via atlantiqbox.com, by signed quotation, by purchase order, or by any other written means.

In accordance with article L441-1 of the French Commercial Code, these Business T&Cs constitute the sole framework of commercial negotiation between Atlantiq Box and its Business Customers.

2. Hierarchy of contractual documents

The documents forming the contract between the Parties take precedence in the following descending order of priority:

1. the specific quotation or purchase order signed by both Parties;
2. the negotiated specific conditions (annexed to the quotation);
3. these Business T&Cs;
4. the product datasheet;
5. correspondence exchanged before signature.

In the event of contradiction, the higher-ranked document prevails over lower-ranked documents, save express stipulation to the contrary.

3. Identification and qualification of the Business Customer

3.1 Professional status

The Business Customer must provide the following information when creating an account or placing an order:

• company name and legal form;
• SIREN, SIRET or European equivalent (KvK for the Netherlands, HRB for Germany, etc.);
• EU VAT number;
• EORI number for import/export operations;
• registered office address and delivery address.

3.2 VIES validation

The EU VAT number provided is systematically checked via the European Commission’s VIES (VAT Information Exchange System) service. An invalid VAT number leads to invoicing inclusive of VAT in place of the reverse-charge regime.

3.3 Solvency

The Seller reserves the right to request solvency guarantees (recent Kbis extract, balance sheet, banking attestation) before validating any order in excess of €25,000 net.

4. Products and services

Atlantiq Box markets to its Business Customers:

• new and used standard shipping containers (valid CSC);
• special containers (reefer, flat rack, open top, tank);
• containers modified to specification (office, sanitary, workshop, housing);
• bungalows and mobile homes (EN 1647);
• genuine accessories and spare parts;
• transport services (DAP/DDP), workshop modifications and on-site installation.

Technical specifications are detailed on the product page, in the quotation and, where applicable, in approved CAD plans.

5. Quotation, order and contract formation

5.1 Quotation

Any purchase of containers, bungalows or mobile homes is subject to a written and itemised quotation, valid for 14 calendar days unless otherwise stated. The quotation specifies technical features, quantities, net unit prices and total, transport costs, expected lead time and payment terms.

5.2 Order

The order is firm and final upon signature of the quotation (handwritten or electronic signature compliant with the eIDAS Regulation EU 910/2014) or upon receipt of a purchase order accompanied by the stipulated deposit.

5.3 Order amendment

Any change request from the Customer after signature of the quotation is subject to the Seller’s written agreement and may result in a price addendum and a revised lead time. No amendment is performed without the Seller’s written confirmation.

5.4 Cancellation

Cancellation of an order after signature entitles the Seller to retain the deposit paid as fixed compensation for costs already incurred. For bespoke orders for which production has been launched, cancellation entails payment of the full price.

6. Pricing and invoicing

6.1 Net prices

Prices on atlantiqbox.com for business areas and in quotations are expressed net of taxes, in EUR by default, GBP or CHF on request.

6.2 VAT regime by country of delivery

6.3 Payment schedule and terms

Unless otherwise agreed in the quotation, payment is made according to the following schedule:

• Containers in depot stock: 30% deposit at order, 70% balance before dispatch;
• Bespoke modified containers and bungalows / mobile homes: 30% at order, 30% at production launch, 40% before dispatch;
• Accessories and spare parts: 100% at order.

For account customers (after solvency assessment), payment terms of 30 days end of month may be granted by the Seller, within the limits provided for in article L441-10 of the French Commercial Code.

6.4 Late-payment penalties

In accordance with article L441-10 of the French Commercial Code and the LME law of 4 August 2008, any payment delay automatically entails, without need of reminder:

• application of late-payment penalties at a rate equal to the ECB rate plus 10 percentage points;
• payment of a fixed indemnity for recovery costs of €40 (decree no. 2012-1115). Additional compensation may be claimed on supporting documents if recovery costs incurred exceed this amount.

Failure to pay on the due date also triggers the loss of the term for all other invoices and the immediate suspension of any ongoing order.

6.5 Retention of title

In accordance with article L624-16 of the French Commercial Code, the Seller retains ownership of the goods delivered until full payment of the price by the Customer. The transfer of risk (loss, deterioration), however, occurs upon delivery.

7. Delivery and incoterms

7.1 Applicable Incoterms 2020

The standard Incoterms offered are:

• EXW (Ex Works): collection by the Customer at the indicated depot;
• DAP (Delivered At Place): delivery to the Customer’s address, excluding customs duties and destination VAT for shipments outside the EU;
• DDP (Delivered Duty Paid): delivery all-inclusive.

Other Incoterms (FCA, CIP, CPT) may be negotiated on a case-by-case basis and recorded in the quotation.

7.2 Delivery times

Lead times are given for guidance only and run from receipt of the deposit (or full payment for accessories). No late-payment penalty is owed in case of delay without fault attributable to the Seller, in particular in case of force majeure (article 1218 of the French Civil Code) or fault of the Customer (delay in providing information, plans, depot supplies, etc.).

7.3 Conditions of access to the delivery site

The Customer warrants that the delivery site is accessible to container-carrier trucks (payload, gauge, manoeuvres). Any additional cost related to inability to access (offloading with a crane, shuttle, waiting time) is invoiced to the Customer based on the rate schedule in force.

8. Receipt and conformity

On delivery, the Customer must check the goods and raise circumstantial reservations on the delivery note in the presence of the carrier. Any apparent non-conformity or damage must be reported to Atlantiq Box in writing (email with photographs) within 3 business days of delivery, failing which the claim is time-barred.

For hidden defects, the Customer benefits from the legal period set by article 1648 of the French Civil Code.

9. Commercial warranties

Beyond the legal warranty against hidden defects (Civil Code art. 1641 et seq.), Atlantiq Box grants commercial warranties depending on the product family:

• New One Trip standard containers: 12 months on structural defects (corrosion, watertightness), extendable depending on manufacturer;
• New modified containers: 5 years on modifications carried out by our workshop (insulation, electricity, plumbing, joinery); 12 months on structure;
• New bungalows: 24 months parts and labour;
• EN 1647 mobile homes: manufacturer warranty (typically 24 months) + Atlantiq Box after-sales support;
• New accessories: 12 to 24 months depending on reference;
• Used products: no commercial warranty, unless otherwise stated in the quotation.

Warranty claims follow the procedure described on our Warranty page. The Customer bears the cost of returning the goods, unless the non-conformity is established.

10. Limitation of liability

Atlantiq Box’s contractual liability is strictly limited to the net amount of the disputed order. Atlantiq Box cannot under any circumstances be held liable for indirect, intangible or consequential damages, in particular:

• loss of business, loss of revenue, loss of margin;
• loss of production, business interruption;
• damage to image or reputation;
• loss of data, loss of opportunity;
• third-party claims.

This limitation does not apply in case of gross negligence, wilful misconduct, personal injury, or where the law excludes such limitation.

11. Force majeure

In accordance with article 1218 of the French Civil Code, neither Party may be held liable for a failure to perform its obligations resulting from a force majeure event, namely any event beyond its reasonable control, which could not reasonably be foreseen at the conclusion of the contract and the effects of which cannot be avoided by appropriate measures.

The following are considered force majeure cases in particular: natural disasters, pandemics, armed conflicts, acts of terrorism, general strikes, systemic raw-material shortages, closure of major ports, international sanctions making performance illegal or impossible.

If the force majeure situation lasts more than 60 days, either Party may terminate the contract automatically, without indemnity or damages, by registered letter with acknowledgement of receipt.

12. Confidentiality

The Parties undertake to keep strictly confidential all technical, commercial, financial or strategic information exchanged in the course of their contractual relationship, and not to disclose it to third parties without prior written authorisation. This undertaking continues for the entire duration of the contract and for 5 years after its termination.

13. Intellectual property

Plans, drawings, technical studies, photographs, logos and any other element protected by intellectual-property rights remain the exclusive property of their author (Atlantiq Box or its subcontractors). No assignment, licence or authorisation of use is granted to the Customer beyond use strictly necessary for performance of the contract.

14. Assignment and subcontracting

The Customer may not assign the contract or its obligations to a third party without prior written agreement of Atlantiq Box. Atlantiq Box may freely subcontract all or part of the performance of the contract to providers of its choice, remaining liable for the proper performance of the subcontracted services.

15. Personal data

Personal data collected in connection with the performance of the contract is processed in accordance with the GDPR (EU 2016/679). For more information, see our privacy policy.

16. Governing law and competent jurisdiction

These Business T&Cs are governed by French law, to the exclusion of the Vienna Convention on the international sale of goods (CISG).

Any dispute relating to the formation, interpretation, performance or termination of the contract falls within the exclusive jurisdiction of the Commercial Court of Atlantiq Box’s registered office, notwithstanding plurality of defendants or third-party warranty proceedings, including for protective measures, summary proceedings or by petition, and regardless of the Business Customer’s domicile.

17. Amendments to the Business T&Cs

Atlantiq Box reserves the right to amend these Business T&Cs at any time. The T&Cs applicable to an order are those in force on the date of signature of the quotation or purchase order. Account customers are informed of any substantive change by email, with reasonable notice.