General Conditions of Sale and Guarantee of SolarToday Ibérica.
- General Provision – Scope of Application.
- Price and commercial conditions.
- Property and Risk.
- Handling and storage.
- Force Majeure.
- Special conditions.
1. General Provision – Scope of Application
- Any order by the client and its consequent distribution of products will be regulated by the provisions of these General Conditions of Sale and Guarantee.
- Placing an order by the customer implies acceptance without reservation of these conditions of sale and Guarantee.
- Any other different purchase conditions and guarantees must have the express written acceptance of them by SolarToday, and always in accordance with the regulations in force at all times in terms of payment terms.
- The delivery will be understood to be made at the time of loading the materials in our warehouse on the truck for transport, by signing the corresponding delivery note by the carrier. The risk of loss and / or damage is transmitted to the Client from that moment, except in the case that the transport has been contracted by SolarToday, having the effects previously described upon delivery of the merchandise. In the case of international orders, the delivery conditions will be governed by INCOTERMS 2010.
- All materials supplied by SolarToday must be reviewed and examined by the Customer at the time of delivery described in the previous section.
In the event of any incident occurring in the delivery of the goods, the appropriate procedure will be followed, as indicated below:
- Visible damage. In order to execute the transport insurance, it is necessary that the person who receives the material leaves reflected, in writing, on the delivery note or acceptance signature device, PDA of the transporter, the apparent damages, and notifying the transporter.
- Hidden damage must be notified to SolarToday within a period of no more than 48 hours from the date of receipt of the material.
- In no case will returns of products that present appearance and conditions not suitable for sale be accepted.
- The delivery times provided are merely indicative in nature and any delays over these times do not entitle the Customer to cancel the order, refuse the merchandise or claim damages.
- In the event of resolution or suspension of the commercial relationship without the delivery of all the Products object of the commercial relationship having been completed, the client must pay all the expenses incurred until the date of resolution or suspension, the price for the Products delivered and taxes according to current regulations
- SolarToday’s liability for the materials supplied that are proven to be defective is limited solely and exclusively to the replacement of the material that is effectively proven to be in poor condition. In this sense, SolarToday will replace the material as long as this circumstance is proven.
- In no case will the provisions of the preceding paragraph be applied if the client is not up to date with SolarToday’s payment, expressly waiving in such case to claim any replacement of defective material. The Client expressly and irrevocably waives to claim from SolarToday other damages that, for any other concept, consequential damages or loss of profits, may be caused as a result of the supply of defective material.
- Returns corresponding to delivery notes not accepted with the stamp and signature of the Client will not be accepted upon receipt.
- SolarToday will not accept returns on products supplied after 15 days from the delivery date.
- Any return request must be sent to SolarToday in writing within the indicated period and must contain, at least, the following information:
- Delivery note or purchase invoice number.
- Product reference number.
- Number of units whose return is requested.
- Reasons for requesting the return.
- SolarToday may, at its option:
- Inspect the supplies that are the object of said request in the place where the Client has them stored, for which purpose the Client must facilitate access and provide all the necessary collaboration in order to proceed with said inspection.
- Request that the supplied materials be sent to you for inspection.
- Once the Customer’s request for return has been accepted, SolarToday will proceed, in the shortest possible time, to replace the products. The Customer will not have the right for this reason to terminate the contract or to return the part of the supplies that is not defective.
- The expenses derived from the transport and that are caused as a consequence of the return of merchandise will be in any case on the customer’s behalf, unless the return is caused by a defect in the merchandise that is recognized by the SolarToday quality department.
- Everything referring to manufacturing defects or malfunctions will be subject to the warranty of the Products granted by the manufacturer.
- SolarToday will review the specific case and the Products to be returned, to authorize or not such return and apply the following assessments:
- Depreciation between 10% and 15% if the return occurs after 60 days immediately after the sale and it is Products of usual sale available in inventory.
- If the sale was made in packages of units, returns of individual units will not be accepted
- The prices are understood for materials located in our warehouses. Therefore, the costs of transporting the materials to the place of delivery are not included, unless expressly included in the offer or on the delivery note itself.
- The merchandise may be invoiced from the moment of dispatch under the conditions and deadlines agreed upon when placing the order and reflected in the invoice.
- The invoices issued to the client will be in accordance with the terms, terms and conditions established and agreed, in the offer, order or the delivery note.
The price does not include taxes, shipping, waste management fees and packaging, which will be paid by the Client.
- Payment of the invoices issued will be made as agreed between the parties, and in the absence of agreement by bank transfer to the SolarToday account.
- The delay in payment by the Client, will imply, regardless of the legal actions to which it gives rise, that the Client must pay the amount due plus the interest corresponding to the days of delay, calculated at the legal interest of the money plus up to 7 points (700 basis points) and all the expenses originated by said breach. Likewise, SolarToday may, in its sole discretion:
- immediately suspend pending shipments until advance payment is made.
- or terminate the contract, business relationship and any previously granted extension.
- In both cases, SolarToday may additionally claim damages and losses from the Client. The bank charges generated by the return of receipts or bills will be charged by invoice.
- The Client will be solely responsible for the damages that said non-delivery due to non-payment causes him or third parties.
- Samples in deposit: After the agreed test period has elapsed, they will be invoiced, if their return does not occur before. Said return will not be appropriate and, therefore, may be rejected, if it is found that the Products that are the object of the return have suffered deterioration or impairment of their function. In any case, after the aforementioned period has elapsed, without the Products having been returned, they must be paid by the Customer.
- SolarToday will maintain the domain and ownership of the Products supplied until the customer has reliably satisfied the full payment of their price. It will be the customer’s responsibility to transfer these general conditions to third parties involved.
- Any risk of loss, deterioration and / or damage to the material, once it is delivered or made available, will be borne by the customer.
It will be the responsibility of the Client to carry out a correct handling and storage of the material from the reception and / or download of the same. All the information in this regard is available to the Customer in the technical sheet of each product.
SolarToday makes a transfer of the specific warranty conditions of the manufacturers of the distributed products.
However, the minimum period is set by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
This point will be applicable, as long as the products have been properly handled, stored and installed and the payment is up to date.
None of the Parties will be responsible for the breach of the obligations contracted when such breach has been produced due to Force Majeure in accordance with the provisions of article 1.105 of the Civil Code, including, but not limited to: acts of civil authorities or military, declared and undeclared war, civil unrest, insurrection or riots, sabotage, fires, inclement weather, earthquakes, floods, strikes, lockouts or other labor problems or embargoes. In the event that these circumstances are extended for a period greater than 3 months, both Parties have the right of termination.
Modifications to these general conditions of sale will only be valid if they are agreed upon by mutual agreement and in writing.
In case of discrepancy, the conditions to which the Parties would be subject must be expressly established. Any cancellation or inapplication provided for in the order can only be accepted if it has been the object of agreement or agreement in writing by SolarToday.
– The invalidity of any of these General Conditions of Sale and Guarantee, including the additional ones subsequently agreed upon, will not have effect on the rest of those established, which will continue to be valid.