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General sale conditions

1.- General terms. These general sale conditions are an integral part of that offered by SOLARIS, ENERGÍA SOLAR S.A. Valid from January 2008, variations in these conditions will only be valid if they are negotiated in writing and by mutual agreement between SOLARIS and the buyer, on reception of the merchandise, the general sale conditions are considered to be accepted.

2.- Offers. Our offers have a binding nature, as long as they fall within the current public sale price list.

3.- Prices. In the absence of any other agreement in writing, the prices are ex warehouse, including packaging costs, but not including VAT. The prices are given as public sale prices in our pertinent and current price list, and a discount previously agreed with the customer will be applied by Solaris on those prices.

4.- Payment conditions. The payment conditions are established with our customer and are always defined on the pertinent invoice.

If the agreed payment deadline is not met, SOLARIS reserves the right to charge the interest that has resulted from late payment in accordance with the Measures against Late Payment Law 15/2010 of 5 July, as well as any other items concerned.

5.- Delivery deadlines. The delivery deadlines are only approximate, unless a set date has been expressly agreed. It is not considered failure to meet the deadline if the merchandise leaves our premises on the date set.

6.- Reservation of ownership. All material supplied is done as a deposit until full payment of the appropriate invoice has been made. The buyer will be responsible for the products thus deposited.

7.- Guarantees. SOLARIS guarantees, to the buyer, the solar collectors against any manufacturing defects in their components, under normal operating and service conditions, for a period of 5 years from the invoice date.

The other materials on the price list are guaranteed against any manufacturing defects in their components, under normal operating and service conditions, for a period of 2 years from the invoice date.

This guarantee will be considered void if the merchandise has not been used, installed and maintained according to the conditions specified in the collector’s instruction manual or in case of repair or manipulation by third parties unconnected to SOLARIS. SOLARIS does not take responsibility for damages caused by mechanical wear or changes caused by atmospheric conditions. Slight changes in colour or of the surface that do not have any effect on the device’s operation will not be covered by the guarantee.

The guarantee covers replacement of defective material and the shipment of replacement merchandise. SOLARIS’ obligation towards the buyer is limited to replacing or repairing the elements considered defective through our service or personnel. SOLARIS does not take responsibility for any damages caused due to the facility’s failure to operate or any accident that may be caused by people or goods unconnected to the facility and its use, or in cases of force majeure.

This guarantee covers the demands stated in the ministerial order of 9 April 1981 from the Ministry of Industry and Energy, published in the BOE of 25/4/1981.

8.- Data protection. In compliance with Organic Law 15/1999, on the Protection of Personal Data, you are informed that personal data that may be contained in any documents resulting from this business relationship are incorporated and stored in an automated file, for which SOLARIS is responsible with the purpose of managing the supply of and invoicing for products and services requested, and sending samples and offers that may interest you. The holder of the data undertakes to notify you in writing regarding any change that occurs in the data supplied. You may exercise your right to access, rectify, cancel and oppose by writing to the company address in the terms set out in Organic Law 15/1999. If these documents have to include personal data referring to individuals other than the signatories, you should inform them of that contained in this provision before they are included.

9.- Jurisdiction. The parties submit to the jurisdiction of the Spanish courts of El Ejido (Almeria), expressly renouncing their own jurisdiction.