GENERAL TERMS AND CONDITIONS OF SALE - KRISTAL PARTS
Version 2.1 · 05/09/2026 · English
PREAMBLE
KRISTAL AERONAUTIQUE is a société à responsabilité limitée with share capital of €10,000, registered with the Montpellier Trade and Companies Register under number 412 462 285, with registered office at 61 rue Frédéric Mistral, 34400 Lunel (France), VAT FR62 412 462 285, represented by its Manager, Mr. Gilles WALLET (hereinafter "KRISTAL").
KRISTAL operates as a distributor of aircraft parts, equipment, and accessories. KRISTAL does not manufacture any part, holds no Part-21G production approval, distributes no products under its own brand, is not a Part-145 maintenance organization, and does not provide airworthiness services.
KRISTAL operates its distribution business under EN 9120 and ISO 9001 certifications.
These General Terms and Conditions of Sale (the "Terms") set out, in compliance in particular with Articles L441-1 et seq. of the French Commercial Code, the respective obligations of KRISTAL and its professional customers ("Customer") in their commercial relationships relating to the sale, exchange, and repair of aircraft parts.
TABLE OF CONTENTS
- Definitions
- Scope of Application
- Acceptance - Precedence
- Customer Account - Credentials
- Catalog - Product Conditions - Certifications
- Quotation Request
- Offer - Validity
- Order - Acceptance
- Modes of Transaction (outright sale, exchange, repair)
- Pricing
- Payment Terms
- Delivery - Incoterms - Risk Transfer
- Receipt - Reservations - Carrier Claims
- AS REMOVED or Non-Certified Parts - Warning
- Commercial Warranty (OEM Passthrough)
- Warranty Claims - RMA Procedure
- Liability - Caps - Exclusions
- Compliance with Export, Sanctions, and Embargoes
- Suspect / Counterfeit Parts
- Reservation of Title
- Force Majeure
- Confidentiality
- Personal Data
- Assignment - Subcontracting
- Modification of the Terms
- Severability
- Governing Law and Jurisdiction
ARTICLE 1 - DEFINITIONS
For the purposes of these Terms:
- "Catalog" means all references offered by KRISTAL, as accessible on its website, quotations, or commercial supports.
- "Release Certificate" means any release-to-service document issued by an authorized organization: EASA Form 1, FAA Form 8130-3, COC MFR (Certificate of Conformity Manufacturer), or any equivalent recognized by the relevant aviation authority.
- "Customer" means any legal entity or natural person acting for professional purposes, having created a Customer Account and placing orders with KRISTAL.
- "Customer Account" means the Customer's personal area on KRISTAL's website, accessed by username and password.
- "Quotation" or "Offer" means the price proposal sent by KRISTAL to the Customer, valid for the stated period.
- "Order" means the Customer's acceptance of a valid Quotation in the forms set out in Article 8.
- "Product Condition" means the declared condition of the Part at the time of sale, as defined in Article 5.
- "Upstream Supplier" means the manufacturer (OEM), authorized distributor, or broker from which KRISTAL acquired the Part.
- "Part" means any product, equipment, accessory, sub-assembly, or aviation consumable sold, exchanged, or repaired through KRISTAL.
- "Terms" means these General Terms and Conditions of Sale.
ARTICLE 2 - SCOPE OF APPLICATION
2.1 These Terms govern all transactions between KRISTAL and the Customer relating to Parts, whether by way of outright sale, core exchange, or repair, to the exclusion of any other operation.
2.2 KRISTAL operating exclusively as a distributor, it acts in the capacity of distributor. It is not a manufacturer, holds no production approval, and is not a Part-145 maintenance organization.
2.3 The Terms apply to professional Customers acting for the needs of their aviation business. They do not apply to consumers within the meaning of the French Consumer Code (Code de la consommation), who are governed by a separate set of B2C General Terms and Conditions of Sale.
2.4 KRISTAL sells worldwide subject to restrictions resulting from applicable export regulations, sanctions, and embargoes (see Article 18).
ARTICLE 3 - ACCEPTANCE - PRECEDENCE
3.1 Any Order implies the Customer's full and unreserved acceptance of these Terms. The Customer acknowledges having read them in advance.
3.2 The Terms prevail over any document issued by the Customer, including the Customer's general purchase conditions or specific terms, save for KRISTAL's express written agreement.
3.3 Any specific terms agreed in writing for a given Order apply in addition to the Terms. In case of conflict, the specific terms prevail solely with respect to the Order concerned. All provisions of the Terms not expressly modified retain full effect.
3.4 KRISTAL's silence on any conditions of the Customer shall in no event amount to acceptance.
ARTICLE 4 - CUSTOMER ACCOUNT - CREDENTIALS
4.1 Any Order requires the prior creation of a Customer Account. Where the Order is placed through a channel other than the website, KRISTAL may create the Customer Account on the Customer's behalf and provide the access credentials.
4.2 Customer Account credentials are strictly personal and confidential. The Customer is solely responsible for their safekeeping and undertakes not to disclose them to any third party.
4.3 KRISTAL shall not be liable for the consequences of any use of the Customer Account by a third party resulting from a fault, negligence, or failure of credential protection attributable to the Customer. Any operation carried out under the Customer's credentials is deemed to have been carried out by the Customer.
4.4 KRISTAL may suspend or close a Customer Account in case of breach of the Terms, default of payment, or compliance grounds (Article 18).
ARTICLE 5 - CATALOG - PRODUCT CONDITIONS - CERTIFICATIONS
5.1 The information appearing in catalogs, brochures, product sheets, and on the website is provided for indicative purposes only. KRISTAL reserves the right to make changes at any time without prior notice.
5.2 Each Part is offered for sale under a Product Condition explicitly declared in the Quotation and Order, from the following list:
- Factory New: brand-new part from the factory, accompanied by a COC MFR or an FAA or EASA release certificate.
- New: brand-new part accompanied by its original release certificate.
- New Surplus: brand-new part without certification, with a manufacturing date that may be old and an OEM warranty that may have expired.
- Serviceable (SV): used part repaired, tested, and certified by an authorized organization, delivered with an FAA or EASA release certificate.
- Overhauled (OH): used part fully overhauled to the manufacturer's specifications, delivered with an FAA or EASA release certificate.
- Repaired (RPR): used part repaired, tested, and certified by an authorized organization, delivered with an FAA or EASA release certificate.
- As Removed (AR): used part as removed from an aircraft, without certification or warranty of operation (see Article 14).
5.3 The type of release certificate, if any, accompanying the Part is specified in the Quotation and on the invoice. KRISTAL forwards to the Customer the original release documents received from its Upstream Supplier, without warranting the intrinsic content thereof.
5.4 Parts are acquired by KRISTAL from three types of Upstream Suppliers: (i) OEMs, (ii) authorized distributors, (iii) brokers. Warranty conditions and technical documentation vary depending on these sources, and the precise terms may be unknown to KRISTAL at the time of sale. The Customer expressly accepts this principle.
5.5 The Customer, in its capacity as professional installer or end-user, is solely responsible for verifying that the delivered reference, its configuration, its Condition, its certificates, and its remaining potential are suitable for the intended use and compliant with applicable aviation regulations. KRISTAL does not act as a technical advisor to the Customer or installer.
ARTICLE 6 - QUOTATION REQUEST
6.1 The Customer may submit a price request to KRISTAL by phone, email, or via the website from its Customer Account. The request specifies the references and quantities desired.
6.2 Quotation requests submitted via the website are automatically recorded in the Customer Account.
6.3 A quotation request constitutes neither an Order nor a reservation of the Part nor any commitment by KRISTAL.
ARTICLE 7 - OFFER - VALIDITY
7.1 KRISTAL responds to quotation requests by issuing an Offer including price, Product Condition, type of release certificate (if any), indicative delivery time, and validity period, or by notifying the absence of availability.
7.2 Prices are stated in euros (EUR), excluding taxes, ex works KRISTAL's warehouses in Lunel (France), unless otherwise stated in the Offer.
7.3 Each Offer is valid until the stated expiration date. KRISTAL reserves the right to modify any Offer at any time prior to its acceptance by the Customer, in particular in the event of upstream price variations, stock-outs, or compliance circumstances (Article 18).
7.4 Any Offer is granted subject to availability of the Part at the time of acceptance. The Part may have been sold to a third party between the issuance of the Offer and its acceptance by the Customer.
ARTICLE 8 - ORDER - ACCEPTANCE
8.1 The Order is constituted by the Customer's express acceptance of the Offer in the following forms:
- Online: selection of the Quotation in the Customer Account, acceptance of the Terms by checkbox, and confirmation;
- By email: express agreement of the Customer on the terms of the Quotation, with or without a purchase order;
- By any other channel expressly accepted by KRISTAL.
8.2 Any Order entails unreserved acceptance of the price, the declared Product Condition, the associated certificates (or their absence), and these Terms.
8.3 KRISTAL sends the Customer, by email, a confirmation of Order to the address provided in the Customer Account. Failing receipt of this confirmation within a reasonable time, the Customer must contact KRISTAL.
8.4 The Order is definitively formed upon written confirmation by KRISTAL. Before such confirmation, KRISTAL reserves the right to refuse or cancel the Order for the following reasons, without engaging its liability:
- Part sold meanwhile;
- Incomplete or refused payment;
- Customer's prior payment defaults;
- Compliance grounds under Article 18;
- Unavailability of a certificate or technical impossibility of delivery.
8.5 All Orders are firm and final and cannot be cancelled by the Customer except with KRISTAL's express written consent.
8.6 Any Order shall be processed only upon receipt and effective acceptance of payment, except by prior written inter-business agreement.
ARTICLE 9 - MODES OF TRANSACTION
KRISTAL carries out three types of transactions, the specific terms of which are set out below:
9.1 Outright sale
Outright sale of a Part. The Customer becomes the owner of the Part subject to the conditions of Article 20 (Reservation of Title).
9.2 Core exchange
9.2.1 In a core exchange sale, the Customer pays the price of the standard exchange and, where applicable, the value of the used part ("core") until effective and conforming return of the core.
9.2.2 The core returned by the Customer must:
- Be of the same P/N and same manufacturer as the Part delivered;
- Be in "end of life" condition ("run out");
- Be accompanied by the "core return" form provided by KRISTAL, duly completed;
- Reach KRISTAL within 15 calendar days of the invoice date.
9.2.3 Any core not returned within this period results in non-reimbursement of its value, which becomes definitively acquired by KRISTAL as full price of the Part delivered.
9.2.4 The returned core is inspected by an FAA/EASA-authorized facility. If the cost of restoration ("OH" or "SV") exceeds that of a standard general overhaul, the difference and any non-systematic parts shall be invoiced in addition to the Customer.
9.3 Repair
9.3.1 KRISTAL may arrange for the repair of a Customer's part by a third-party Part-145 authorized facility of its choice. KRISTAL then acts as principal vis-à-vis the facility, on the Customer's behalf.
9.3.2 The Customer entrusts its part to KRISTAL at the Customer's risk during outbound transport. During repair operations, the part is in the custody of the contractor facility.
9.3.3 The costs of outbound and return transport, expertise, quotation, disassembly, reassembly, certification, and any operation outside the standard scope of repair are borne by the Customer.
9.3.4 The warranty applicable to the repair is that of the executing facility. KRISTAL grants no commercial warranty of its own on the repair beyond the strict transmission of the facility's terms.
9.3.5 KRISTAL selects the facility based on required certifications and technical capabilities. Save for a written request from the Customer identifying a specific facility, KRISTAL incurs no liability for the choice of facility provided that the facility is duly authorized.
ARTICLE 10 - PRICING
10.1 Prices are stated in euros, excluding taxes, ex works KRISTAL's warehouses in Lunel (France), unless otherwise stated in the Offer.
10.2 Prices are exclusive of transport, special packaging, taxes, customs duties, and any charges applicable in the country of destination.
10.3 Any change in tax, customs duties, banking fees, or export regulations occurring after the Offer and before delivery may be passed through to the Customer upon notice.
10.4 Prices take into account any rebates and discounts that may be granted. No early-payment discount is granted, save for express specific terms.
ARTICLE 11 - PAYMENT TERMS
11.1 Payment in cash on Order by default, unless otherwise agreed in writing providing for a payment term. Payment is deemed effective upon actual receipt by KRISTAL of the entirety of the invoice amount, and not the mere remittance of a payment instrument.
11.2 Where a payment term is granted, it may not exceed the legal caps set out in Articles L441-10 et seq. of the French Commercial Code.
11.3 Accepted means of payment:
- Bank transfer (reference: euro zone free of charge; outside euro zone: €25 fee borne by the Customer);
- Credit card VISA and MASTERCARD (reference: euro zone free of charge; outside euro zone or USD: 2.7% fee on total amount borne by the Customer);
- Check payable to "Kristal Aéronautique" at the address of the registered office;
- SEPA INTERENTREPRISES direct debit subject to the prior signature of a mandate. Any banking fees related to a debit rejection are borne by the Customer.
11.4 Late payment penalties: any late payment automatically triggers, from the day following the due date, the application of late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points, without any reminder being necessary.
11.5 Fixed indemnity for collection costs: in application of Articles L441-10 II and D441-5 of the French Commercial Code, any late payment gives rise, automatically, to the payment by the Customer of a fixed indemnity of forty (€40) euros per unpaid invoice. Additional compensation may be claimed upon evidence.
11.6 In case of default in payment, KRISTAL may, without prejudice to any other right, suspend any pending Order, demand immediate payment of any sum due, terminate the sale or end it, or refuse any new Order.
ARTICLE 12 - DELIVERY - INCOTERMS - RISK TRANSFER
12.1 Default Incoterm: EXW Lunel (France), Incoterms® 2020. The Customer bears all risks and costs from the time the Part is made available at KRISTAL's warehouses.
12.2 KRISTAL may, at the Customer's request and expense, arrange transport and packaging. Failing a contrary request, KRISTAL uses a carrier of its choice (TNT/FedEx, DHL, Chronopost, France Express, etc.). In such case, the default applicable Incoterm is DAP - designated place of delivery (Incoterms® 2020), KRISTAL bearing transport and associated insurance, to the exclusion of import duties, taxes, and formalities, which remain the Customer's responsibility.
12.3 The Customer may request the use of its own carrier account. In such case, the Incoterm applicable is EXW Lunel (France); the Customer bears all costs and risks. For the Customer's DHL or UPS account, KRISTAL communicates only the package details (dimensions and weight); the Customer is responsible for arranging pickup and issuing the Air Waybill.
12.4 Specific Incoterm conditions may be agreed for a given Order. They are stated on the Offer and the Order.
12.5 Delivery times: delivery times are indicative. They run from the time of handover of the packages to the carrier. KRISTAL takes all reasonable means to comply. Any delay does not justify cancellation of the Order, refusal of delivery, application of penalties, or engagement of KRISTAL's liability, save for express written agreement to the contrary.
12.6 KRISTAL does not ship Orders containing dangerous goods that do not comply with IATA/ICAO rules, nor packages exceeding the dimensions and weights admissible by the carrier.
ARTICLE 13 - RECEIPT - RESERVATIONS - CARRIER CLAIMS
13.1 The Customer must, upon receipt, verify the apparent condition of the package and the Part, as well as the conformity of the delivery to the Order.
13.2 In the event of damage, shortage, or apparent defect: the Customer must issue against the carrier precise, dated, and substantiated reservations on the delivery slip, in the forms and time periods provided in Article L133-3 of the French Commercial Code, and confirm them to the carrier by registered letter within three (3) days.
13.3 The Customer must notify KRISTAL of any non-receipt of the package within seventy-two (72) hours of the announced shipment date.
13.4 Failing compliance with the time periods and formalities provided in 13.2 and 13.3, the Customer is deemed to have accepted the delivery without reservation.
13.5 Any claim for documentary non-conformity (delivered reference different from ordered reference, Product Condition different from ordered Condition, missing or non-conforming release certificate) must be made in writing to KRISTAL within five (5) business days of delivery.
ARTICLE 14 - AS REMOVED OR NON-CERTIFIED PARTS - WARNING
14.1 Parts sold under AS REMOVED condition, as well as Parts sold under NEW SURPLUS or any other Condition without release certificate, are supplied "as is", without certification or warranty of operation.
14.2 EXPRESS WARNING: an AS REMOVED or non-certified Part may not under any circumstances be installed as is on an aircraft in service. Its return to service requires prior requalification by a Part-145 authorized organization or any equivalent recognized by the relevant aviation authority.
14.3 By placing an Order for an AS REMOVED or non-certified Part, the Customer acknowledges having taken note of its limitations and assumes alone:
- The risk of non-functioning, non-conformity, or non-usability;
- The obligation to carry out any requalification, testing, certification, or expertise required prior to use;
- All consequences, of whatever nature, of non-compliant use.
14.4 KRISTAL grants no warranty on AS REMOVED or non-certified Parts, other than the conformity of the delivered Part to the Condition declared in the Order. No claim may be brought against KRISTAL for non-functioning, wear, remaining potential, or functional non-conformity of such a Part.
ARTICLE 15 - COMMERCIAL WARRANTY (OEM PASSTHROUGH)
15.1 KRISTAL acting as a distributor, its commercial warranty is strictly limited to the passthrough of the Upstream Supplier's warranty ("back-to-back").
15.2 The warranty applicable to each Part is that of the manufacturer (OEM) or the facility that issued the release certificate accompanying the Part. Its conditions, duration, scope, exclusions, and modalities of implementation are exclusively those of the Upstream Supplier identified on the release certificate or accompanying documentation.
15.3 KRISTAL forwards to the Customer, upon delivery, the release documents and documentation received from its Upstream Supplier. OEM warranty conditions may not be known to KRISTAL at the time of sale. The Customer may contact directly the Upstream Supplier identified on the release certificate to obtain the precise terms. KRISTAL endeavors, upon prior written request from the Customer, to forward the OEM conditions available, without commitment as to time or completeness.
15.4 KRISTAL's own commercial warranty beyond the OEM passthrough is strictly limited to the conformity of the delivered Part to the Order, namely:
- Conformity of the delivered reference (P/N) to the ordered reference;
- Conformity of the Product Condition declared;
- Forwarding of the release documents received from the Upstream Supplier.
15.5 KRISTAL's own commercial warranty must be invoked in writing within a period of thirty (30) days from delivery, on pain of forfeiture.
15.6 In the event of acknowledged non-conformity, KRISTAL's liability is, at KRISTAL's sole option, limited to: (i) the take-back and replacement of the non-conforming Part, (ii) the refund of the price paid, or (iii) the issuance of a credit note of equal amount. No other compensation may be claimed on any ground whatsoever.
15.7 Are excluded from any warranty:
- Normal wear, corrosion, aging, and degradation resulting from use;
- Non-compliant use with notices, OEM manuals, or aviation regulations;
- Installation by a non-authorized organization where authorization is required;
- Installation as is of an AS REMOVED or non-certified Part (see Article 14);
- Any modification, repair, or intervention not authorized by KRISTAL or the Upstream Supplier;
- Any defect attributable to a third party, force majeure, or cause unrelated to the Part;
- Any defect affecting a Part outside the scope of approval of the Upstream Supplier or KRISTAL.
15.8 This commercial warranty is distinct from the so-called "legal" warranties applicable in B2C, not covered by these Terms which are addressed exclusively to professional customers.
ARTICLE 16 - WARRANTY CLAIMS - RMA PROCEDURE
16.1 Any warranty claim (whether KRISTAL's commercial warranty or the OEM warranty) must be the subject of a prior Return Material Authorization (RMA) addressed to KRISTAL. Any merchandise returned without RMA shall be returned to the sender at sender's expense.
16.2 The RMA request must be communicated within a period of five (5) business days following the discovery of the defect, and specifies at minimum:
- Invoice or Order number;
- Reference (P/N) and quantity;
- Detailed reason for return;
- Photos or supporting technical documents.
16.3 KRISTAL reserves the right to refuse any return, without having to justify its decision.
16.4 Authorized returns must be received by KRISTAL within a period of five (5) business days following the issuance of the RMA. Return transport, packaging, insurance, and any other costs related to the return are borne by the Customer.
16.5 KRISTAL assesses the merits of the claim, where applicable after expertise by an authorized facility. If the claim falls within the OEM warranty, KRISTAL relays the request to the relevant Upstream Supplier. KRISTAL does not warrant the outcome of the supplier's assessment or any indemnification by such supplier. No obligation of result rests on KRISTAL in respect of forwarding the claim.
16.6 In the event of failure of the Upstream Supplier (insolvency, unjustified refusal of cover), KRISTAL may, without being required to do so, examine a goodwill gesture on a case-by-case basis, without this creating any precedent.
16.7 Where the return concerns a non-defective Part returned at the Customer's convenience, and subject to KRISTAL's express acceptance, the credit allocated is calculated as follows:
- Part not installed, returned with its certificates and original packaging intact: 20% restocking fee + return costs to the original stock;
- Part installed or with security packaging opened: above fees plus the cost of restoration and/or re-certification.
ARTICLE 17 - LIABILITY - CAPS - EXCLUSIONS
17.1 KRISTAL is bound only to a best-efforts obligation in the performance of these Terms, to the exclusion of any obligation of result save for express provision to the contrary.
17.2 KRISTAL's liability is in any event capped, per claim and in total per calendar year, at the amount excluding taxes of the Order concerned, without exceeding an annual cap of five million euros (€5,000,000) for all claims combined.
17.3 The following are expressly excluded from KRISTAL's liability:
- Indirect or consequential damages: loss of profits, loss of revenue, loss of opportunity, loss of customers, loss of data, loss of reputation, loss of image, aircraft grounding costs not covered by KRISTAL's insurance;
- Contractual, financial, or any other penalties imposed on the Customer by its own customers or by a third party;
- Damages resulting from a fault, negligence, or non-compliant use by the Customer or a third party;
- Damages relating to the manufacturer's liability for defective products (Articles 1245 et seq. of the French Civil Code);
- Damages suffered by the Customer due to an AS REMOVED or non-certified Part installed as is (Article 14).
17.4 The above exclusions and limitations do not apply in the event of fraud (dol), gross negligence (faute lourde), or harm to the life or physical integrity of a natural person, and more generally where such limitation would be deemed contrary to public policy.
17.5 No liability may be invoked against KRISTAL for a claim brought more than twelve (12) months after delivery, on pain of forfeiture, save for mandatory legal provision to the contrary.
ARTICLE 18 - COMPLIANCE WITH EXPORT, SANCTIONS, AND EMBARGOES
18.1 The Customer acknowledges and accepts that the Parts sold, exchanged, or repaired may be subject to export and re-export regulations, sanctions, and embargoes, including:
- Regulation (EU) 2021/821 establishing a Union regime for the control of exports of dual-use items;
- Sanctions and embargoes of the European Union, in particular Council Regulation (EU) No. 833/2014 (Russia), Council Regulation (EC) No. 765/2006 (Belarus), and any regulation applicable to Iran, Syria, Sudan, Yemen, North Korea, or any other sanctioned jurisdiction;
- The Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) of the United States for Parts of US origin or containing US components;
- The Office of Foreign Assets Control (OFAC) Regulations;
- Any United Kingdom, Swiss, or other applicable export regulation.
18.2 Customer's representations and warranties: the Customer represents and warrants, with each Order:
- That it is not, and is not acting on behalf of, any person, entity, or authority appearing on the sanctions lists of the United States, the European Union, the United Kingdom, the United Nations, or any other applicable jurisdiction;
- That it is not located, and the end-user is not located, in an embargoed or sanctioned country, including in particular Russia, Belarus, Iran, North Korea, Syria, Sudan, Yemen, Cuba, Venezuela (military use), China (military use), Crimea, and occupied territories;
- That it will not re-export or transfer the Part to such a country or person, directly or indirectly;
- That it will not use the Part for the development, production, manufacture, deployment, or stockpiling of nuclear, chemical, biological, or missile weapons;
- That it will not use the Part for military or defense use linked to the military activities of the People's Republic of China, Venezuela, Russia, or any other jurisdiction subject to sectoral restrictions.
18.3 The Customer shall communicate, upon KRISTAL's request, an end-use statement identifying the final destination, the end-user, and the intended use of the Part.
18.4 KRISTAL reserves the unilateral and discretionary right to refuse, suspend, slow down, or cancel any Order whose performance would be susceptible, even indirectly, to violate any export regulation, embargo, or sanction. Such termination is automatic, without formality, without indemnity due to the Customer. Any payment made by the Customer is, in such case, refunded net of the payment fees incurred.
18.5 The Customer indemnifies KRISTAL against any action, conviction, or sanction resulting from a false declaration, concealment, diversion of destination, or breach by itself or any person acting on its behalf of the undertakings of this Article.
ARTICLE 19 - SUSPECT / COUNTERFEIT PARTS
19.1 KRISTAL implements the requirements of EN 9120 and ISO 9001, as well as the recommendations of EASA AMC 20-8 and FAA AC 21-29, with respect to the prevention and detection of suspect or counterfeit parts ("Suspect Unapproved Parts").
19.2 The Customer must, in case of doubt about the authenticity or traceability of a delivered Part, suspend any use and notify KRISTAL without delay. KRISTAL then conducts the necessary verifications with the Upstream Supplier concerned.
19.3 If the Part is confirmed to be suspect or counterfeit, KRISTAL takes it back, replaces it, or refunds it, under the conditions of Article 15.6, and where applicable reports to the relevant authorities.
19.4 The Customer undertakes not to put back into circulation any Part it acquired from KRISTAL that is found to be suspect.
ARTICLE 20 - RESERVATION OF TITLE
20.1 In accordance with Articles 2367 of the French Civil Code and L624-16 of the French Commercial Code, KRISTAL retains title to the Part sold until full and effective payment of the price in principal and accessories.
20.2 Default of payment at maturity may entitle KRISTAL to claim back the Part, without prejudice to any other rights.
20.3 The Customer bears the risks of loss or damage to the Part as from delivery in accordance with the applicable Incoterms (Article 12), notwithstanding the retention of title by KRISTAL.
20.4 The Customer undertakes to inform KRISTAL without delay of any measure likely to affect its right of ownership: seizure, requisition, confiscation, pledge, judicial measure, opening of insolvency proceedings.
20.5 This reservation of title clause is enforceable against third parties in the conditions of Articles L624-16 et seq. of the French Commercial Code.
ARTICLE 21 - FORCE MAJEURE
21.1 KRISTAL's liability cannot be invoked in the event of force majeure within the meaning of Article 1218 of the French Civil Code, namely the occurrence of an event beyond its control, which could not reasonably have been foreseen at the conclusion of the Order, and the effects of which cannot be avoided by appropriate measures.
21.2 Without limitation, the following are deemed to constitute cases of force majeure: war, armed conflict, act of terrorism, riot, insurrection, rebellion, blockade, border closure, embargo, public authority measure, strike (internal or external), pandemic or epidemic, natural disaster, fire, flood, storm, lightning, energy outage, telecommunications or IT network outage or interruption, unavailability of an essential supplier, cyberattack.
21.3 The occurrence of a force majeure event automatically suspends the performance of the affected obligations as long as it lasts. If the suspension exceeds sixty (60) consecutive days, KRISTAL may terminate the Order without indemnity.
21.4 The Customer's financial obligations remain due notwithstanding the occurrence of a force majeure event affecting KRISTAL's obligations, until effective regularization.
ARTICLE 22 - CONFIDENTIALITY
22.1 Each Party undertakes to keep strictly confidential all technical, commercial, financial, or industrial information communicated by the other in the framework of the commercial relationship, to use it only for the performance of Orders, and not to disclose it to any third party without prior written consent.
22.2 This confidentiality obligation continues for the duration of the commercial relationship and for three (3) years after its end, save for information that has fallen into the public domain without breach by the Party bound to secrecy.
ARTICLE 23 - PERSONAL DATA
23.1 KRISTAL processes personal data collected in the framework of Orders as data controller, in compliance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act of January 6, 1978, as amended.
23.2 The precise modalities of processing (purposes, legal bases, recipients, retention periods, transfers outside the EU, rights of data subjects, modalities of exercise of rights) are described in the KRISTAL Privacy Policy available on the website and accessible at any time to the Customer.
23.3 For any request relating to its data, the Customer may submit its request to the address mentioned in the Privacy Policy.
ARTICLE 24 - ASSIGNMENT - SUBCONTRACTING
24.1 The Customer may not assign, transfer, or have these Terms or any Order taken over without KRISTAL's prior written consent.
24.2 KRISTAL may freely subcontract all or part of the performance of these Terms (in particular repair operations by a third-party Part-145 facility) without affecting the validity of the Terms.
ARTICLE 25 - MODIFICATION OF THE TERMS
25.1 KRISTAL reserves the right to modify the Terms at any time. Modifications are published on the website www.kristal.aero and applicable to Orders subsequent to their publication.
25.2 It is the Customer's responsibility to verify the version of the Terms in force at each Order. The version applicable to an Order is the one in force on the date of acceptance of the Offer by the Customer.
ARTICLE 26 - SEVERABILITY - NO WAIVER - ENTIRETY
26.1 The nullity or unenforceability of a clause in these Terms does not affect the validity of the other clauses, which remain fully applicable.
26.2 The fact that KRISTAL does not avail itself of a breach by the Customer of any of its obligations shall not be construed as a waiver of the right to do so subsequently.
26.3 These Terms, together with the accepted Offer and any written specific terms, constitute the entire agreement between the Parties and prevail over any prior exchange or agreement on the same subject.
ARTICLE 27 - GOVERNING LAW - JURISDICTION
27.1 These Terms and any Order are governed by French law, to the exclusion of its conflict of laws rules and to the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.
27.2 Any dispute relating to the formation, performance, interpretation, or termination of the Terms or any Order, that cannot be resolved amicably, is subject to the exclusive jurisdiction of the Commercial Court of Montpellier (Tribunal de commerce de Montpellier), including in case of multiple defendants or third-party proceedings.
27.3 This jurisdiction clause is expressly accepted by the Customer in its capacity as professional.
ACCEPTANCE
By placing an Order, the Customer acknowledges having read these Terms (Version 1.0 of May 8, 2026), having understood them, and adheres to them without reservation.
KRISTAL AERONAUTIQUE - société à responsabilité limitée with share capital of €10,000 - RCS Montpellier 412 462 285 - VAT FR62 412 462 285 - 61 rue Frédéric Mistral, 34400 Lunel, France - Tel. +33 4 67 71 52 63 - contact@kristal.aero - www.kristal.aero