Terms and conditions
Applicability of the terms and conditions
The following terms and conditions apply to any supply of products and services as well as any future transactions with the customer it relates to. The application of these terms and conditions implies the exclusion of the other terms and conditions. SOLE S.A. shall not be legally bound to the terms and conditions applied in any other document delivered by the customer that adds to or deviates from this agreement. SOLE S.A. reserves the right to modify these terms and conditions unilaterally and without notice.
Validity of orders
Customer orders shall only be binding once SOLE S.A. has confirmed in writing (either by receipt or invoice) or by e-mail, signed or submitted by an authorized representative of SOLE S.A. Any order placed by the customer shall imply that this party knows and accepts the terms and conditions set forth herein.
Execution and delivery of orders
- If the customer has to deliver information or material to SOLE S.A. or fulfill other cooperation duties for the order to be executed, it is essential that SOLE S.A. can rely on the accuracy, completeness and quality of information and the materials provided, and the total fulfillment of the cooperation tasks. If the customer does not comply, or complies inadequately with the above tasks, SOLE S.A. shall be under no obligation to execute. SOLE S.A. reserves any other rights regarding the above.
- The information provided for the delivery of products and services are merely approximate unless SOLE S.A. has explicitly committed in writing. The deadlines for deliveries and services are calculated from the time the order is confirmed, but not before the details or technical issues are resolved. Delivery times do not apply if the customer does not meet its obligations, particularly for the supply of materials, documentation, grounds for exemption or permits that it must submit, as well as any amount to be paid for past or present deliveries or services and money payable.
- The delivery date shall be deemed correct if during the deadline day, or before, the products and/or technical staff have left the facilities of SOLE S.A., or are ready to leave, and the customer has been duly informed. SOLE S.A. is not responsible for the delivery being carried out, or if this is not done in time, if this is due to reasons of force majeure referred to in Article 1,105 of the Civil Code, as well as labor strikes, work stoppages, labor disputes or any other cause outside the control of SOLE S.A. that substantially hinder or make the delivery impossible. In no case may the customer hold SOLE S.A. responsible for damages. SOLE S.A. shall notify the impediment to the customer as well as its end, without undue delay.
- The import, export, or transport of products outside of Spain and the European Union are subject to the laws applicable in Spain, the European Union and the country to which it is being imported, as well as any other relevant jurisdiction if applicable. The customer is solely responsible for obtaining the necessary permits and authorizations. If SOLE S.A. delays delivery or service for a cause exclusively attributable to SOLE S.A., this party shall indemnify the customer for this amount for each week of delay, of 1% of the price of the goods to be delivered or services to be rendered. Such indemnity shall not apply if the delay results from intent or negligence attributable to the customer. The customer shall not be entitled to compensation either in the case of a new product that requires development. If the customer fails to take delivery or negligently violates any other obligation of cooperation with SOLE S.A., SOLE S.A. shall be entitled to claim compensation for damage suffered as a result, including additional expenses or costs that may result from the delay.
Unless otherwise specified in writing, the transportation of goods or the delivery will be done FCA (Incoterms 2020) from SOLE S.A. facilities in Martorell (Barcelona), Spain. If there is a delay in the transportation due to the customer's instructions, or due to fault on the part of the customer, mainly because the customer has not provided appropriate instructions, the risk corresponds to the customer once it has been notified that the goods are ready to be transported. If the delay in the transportation is caused by the customer, and after SEVEN CALENDAR DAYS, SOLE S.A. may decide to perform the transportation or storage of the products. In both cases, the customer assumes both the cost and risk. SOLE S.A. is entitled to a minimum 0.5 percent monthly surcharge on the total price of the order for storage and maintenance. SOLE S.A. reserves the right to charge the customer more for storage if these costs are higher.
All prices are quoted FCA (Incoterms 2020), including those of normal packaging. The customer will be responsible for transportation costs, and these shall be paid separately and with the relevant applicable fees. Prices are subject to change without notice, unless performance is in progress or if specified otherwise in writing and signed by an authorized representative of SOLE S.A. Payments shall be made in advance of receipt of the proforma invoice by bank transfer to the account provided by SOLE S.A.
Shared bank costs: the payer assumes the price of the service of the issuance of the transfer in its entity and the payee the one of the reception in his.
Limitation of Warranty
SOLE S.A. manufactures all its products and renders all its services with adequate protection, in accordance with the warranty conditions of SOLE S.A., and in accordance with relevant regulations and legislation. SOLE S.A. only guarantees that the products and services meet the specifications published by SOLE S.A. at the time of order acceptance. The warranty does not cover defects and/or damage caused by force majeure, external events, tampering, improper storage, misuse, lack of safety procedures, recommended routine maintenance work or normal wear and tear. The warranty does not cover defects or damage caused using replacement parts and/or accessories not approved by SOLE S.A.
Inspection and Acceptance.
The customer must inspect the products upon receipt, notifying SOLE S.A. specifically in writing of any damage, loss, or shortage, within SEVEN DAYS. After this term, the product shall be deemed received in full compliance with full indemnity for SOLE S.A. SOLE S.A. reserves the right to inspect and test the product if the customer notifies the defects. If the customer's notification of the defects is proved to be unjustified, the customer shall be obliged to reimburse all related costs (travel, inspection costs, etc.) to SOLE S.A., and submit the relevant invoices.
After the period of acceptance of the product, SOLE S.A. assumes no responsibility arising therefrom, either to the customer or third parties. If responsibility lies with SOLE S.A. from the warranty, SOLE S.A. may either (i) repair the defective product or (ii) replace it. Upon performing either of the two options, the responsibility of SOLE S.A. shall be extinct for all purposes.
Retention of title.
Regardless of the delivery of the product, this property shall be owned by SOLE S.A. so long as the customer has not paid the full fee, subject to the right of compensation. While this situation persists, the customer may not encumber or dispose of the product.
. SOLE S.A. shall treat the personal data relating to the customer as confidential, in accordance with current legislation. When ordering, the customer shall consent to the storage and forwarding of personal data for the purpose of reviewing credit.
Refusal of orders
. SOLE S.A. reserves the right to refuse an order for products without providing an explicit justification, within 15 calendar days from the date of receipt.
To make a return you have 30 days from the date of the delivery note.
- In case of returns after the deadline (30 days), all cases must be previously consulted with the Orders/Commercial department; in the affirmative case, the expenses that may derive from such an operation and the postage will be paid by the client.
- All returns, regardless of their reason, must always be accompanied by: - Return form. This form is available for download in the Returns folder of the Private Area of the website. It can also be requested from email@example.com - Copy of the invoice or purchase receipt. Always specify the reason for your return or pertinent defect. - Corresponding original packaging. In perfect conditions.
- In cases of returns due to receipt of broken or defective material by the carrier, Solé S.A. must be contacted within 24 hours of receipt of the goods. It will be mandatory to accompany said claim with photos of the damaged packaging and the product. It will also be mandatory to attach the receipt of the delivery note of the transport where it states the defects of the packaging and consequently possible damage. Finally, the purchase receipt must be attached.
- Returns of build-to-order products, such as non-standard engines and assemblies or engines and assemblies with installation kits, cannot be returned. Failure to comply with the above points may result in the non-acceptance of the return. In case of acceptance, a surcharge of 25% of the value of the piece will be applied.
- The SPW propellers are individually calculated under a custom calculation, they cannot be returned.
- Returns of build-to-order products, such as non-standard engines and assemblies or engines and assemblies with installation kits, cannot be returned.
Personal data protection policy.
SOLÉ, S.A. is an Organizaton in which data processing activities of a personal nature take place, which gives it an important responsibility in the design and organization of procedures so that they are aligned with legal compliance in this matter. In the exercise of these responsibilities and in order to establish the general principles that should govern the processing of personal data in the Company, approves the Policy of protection of personal data, which is available on https://www.solediesel.com/en/personal-data-protection-policy
If it is determined that any of the provisions of this Agreement are invalid or unenforceable under applicable law, its effectiveness is limited to that stipulated by law, and therefore the relevant legislative provision applies. In no case may the provision in question be replaced by the customer's terms and conditions, and in no case will entail the invalidity of any other provision of the contract, which shall remain in full force. Amendments, additions and partial deletions of these terms and conditions and/or any contract based on these, as well as any collateral agreement, must be in writing. The contractual relationship is solely subject to Spanish legislation. Both parties expressly waive their own jurisdictions, and subject themselves, for purposes of interpretation and enforcement of these conditions, to the courts of the judicial district of Barcelona (Spain).