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.

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.

Prices

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.

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.

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.

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.

Returns

To make a return you have 14 days from the date of the delivery note.

• In case of returns after the deadline (14 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 orders@solediesel.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 custom products and/or items made to customer specifications, such as non-standard engines and units or engines and units with installation kits, among others, cannot be accepted, as stated in Article 103 of the General Law for the Defense of Consumers and Users. This article outlines exceptions to the right of withdrawal, specifically, point C indicates that "goods made to the consumer's specifications or personalized" are exempt from being 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.