These general conditions of sale are an integral part of all Daxer offer Solartec , SL and any sale contract stipulated with the same part . They are valid from February 1 , 2006. The general conditions of sale of any type that contradict these general conditions of sale shall be considered as not implemented and will have no legal value.
2. Budgets and contracts:
Our budgets are not binding. We reserve the right to make changes or technical updates budgeted project or contract without notice to the customer , in any case case of products of similar quality but may not produce detriment of the amount budgeted . All technical documentation will remain intellectual property of the contractor.
In the absence of any other written agreement , prices are net prices. Between the closing of the contract and the execution of the service any increase in market prices will be affected accordingly by extending contract .
The costs of fittings and small items are estimates , any increase in same during the execution of the installation will be duly substantiated and passed on to the customer as a contract extension so indivisible.
4. Deadlines and services:
Delivery times have never compromis unless expressly agreed basis. In the event of amendments agreed in the contract, Daxer Solartec, SL is entitled to set a new deadline. Solartec Daxer, SL is not responsible for delays in delivery except in cases of demonstrable negligence. In these cases, the contractor waives the right to terminate the contract and to assert their rights to compensation for damages. In the event that the delay in the implementation of the provision of service or interruption of this comes caused by the contractor, it shall bear all expenses incurred by the delay or interruption and Daxer Solartec, SL may require compensation for their services.
All masonry, holes, ditches, plaster, paint and condensate drain in fan coils, and special transport and crane, and has come under the responsibility of the contractor unless otherwise specified in the contract.
The contracting party will be responsible for the management of surplus and waste to the service elements.
Any additional documentation required as safety plan, etc., must be requested no later than prior to the contract signing time. The expenses incurred for this purpose, will be charged to the contractor.
Generally, the amount agreed for services and equipment will be paid in three parts unless expressly agreed: A first equivalent to one third of the contract value VAT, to the signature. A second equivalent to one third of the contract value VAT at the beginning of any work specified in the contract payment. A final payment equivalent to one third of the contract value VAT, upon completion of service.
Regardless of the form of payment agreed, exceptional and duly justified way, Daxer Solartec, SL may require an economic advance to ensure the normal pursuit of the contracted work, the contractor may refuse, in which case Solartec Daxer, SL You may reserve the right to terminate the contract without reimbursement of the amounts paid so far. In any case, the termination of the contract by the contractor, shall not entitle to a refund of amounts paid in advance.
Planning the installation is performed under the professional judgment of Daxer Solartec, SL, increased costs incurred by any variation due to requirements of the contractor or construction changes will be passed on to the customer as indivisible contract extension and must be paid for early.
If, for reasons attributable to the contractor, once fully or partially completed installation work, you can not perform the operation of the system, they shall be deemed completed to effect payment settlement, which must be made no later than five days after disclosure by Solartec Daxer, SL. Subsequent work required, shall be considered as a separate technical assistance invoiced and paid separately to the original contract.
The generated management costs of collection borne by the contractor. Solartec Daxer, SL may reject the effects of payment by check or bill of exchange without stating reasons. The reciprocal compensation claims or retention of payments for any reason, by the contractor, is not permitted without an express agreement to do so. Payments with debt liberating effect should be made to one of our accounts or to a person authorized to tax the cobro.El checked business volume must be paid in full to the issuance of the invoice.
The late payment charges generated from interest on the amount owed 5% over the discount rate of the ECB. So it will be to the contractor , all direct and indirect costs generated by this situation. The late payment or non-payment of any of the agreed quantities , gives option to Daxer Solartec , SL to terminate the contract without any right to reimbursement of the amounts paid so far. Warranty claims are effective once the contract avoided by receiving all payments.
6. If the installation of the material is not made by the empresaDaxer Solartec , SL ( distribution contracts ):
Terms of delivery and acceptance, change, retroactive settlement. The contractor must immediately check and accept the goods at the agreed place of receipt, or order the testing and acceptance of it to an authorized person. If the contractor waives checking goods received, expressly or by their silence, the object of the purchase shall be deemed properly delivered and accepted. Dispatch is always carried out on behalf of the Contracting I own risk. Responsibility for Daxer Solartec, SL ends with the delivery of the material to the carrier.
Changing or retrospective settlement of the contract despite due performance by Solartec Daxer, SL, only possible with the consent of the latter. In any case, the contractor must pay the full purchase price restitution of costs (delivery, etc.) or, as the choice of Daxer Solartec, SL, a global price that covers the costs which are expected to at least 15 % of the purchase price. The goods will be returned in good condition and in its original packaging. The exchange of goods that have been delivered at a later period of three months from delivery shall be permitted. Also excluded is changing merchandise is not in stock.
7. Retention of title:
7.1. Solartec Daxer, SL retains ownership of the goods delivered until they have been settled completely all the requirements resulting from the business relationship. In the normal business process, the goods in retention of title may only be sold if the client is not behind on their payments against Daxer Solartec, SL.
7.2. In the case of sale of those goods, are valid the following provisions: – With the closing of the contract, the contractor already cedes Daxer Solartec, SL claims resulting from the sale.- Whenever you are required, the contractor is required Solartec inform Daxer, SL of assignment to the third purchaser and deliver all documents and information necessary to enforce the requirements resulting from the cesión.- If goods that are subject to ownership or transferred to Daxer Solartec requirements are seized, SL should be informed Daxer Solartec, SL of the necessary circumstances to enforce their demands.
8.1. From 1. 1. 2005 Daxer Solartec, SL guarantees for a period of two years from the purchase objects have shortcomings: The warranty performance will be made according to the choice of Daxer Solartec, SL by repair object the purchase or replacement of defective parts. The right of the contractor to make changes to the so-improvement material is granted by mutual agreement. Parts replaced become the property of Daxer Solartec, SL. The assembly and disassembly costs are borne by the contractor. This has the same effect for all warranty agreements. Daxer is under criterion Solartec, SL change a defective merchandise for another right of the same type. In this case, the right is lost to eventual termination. The contractor expressly waives for himself and for his successors to assert any claim for damages caused directly (damage due to deficiencies or consequential damages) or indirectly by deficiencies in the object of purchase as a result of slight or gross negligence and for profit not obtained. The special right of return of a company security provided to a consumer will be limited by common agreement the legal warranty period. Excluded from the warranty is damage caused by improper or negligent use. The guarantee and the rights attached thereto shall be recognized and taken into account only if, after detecting the deficiency, it is reported immediately in writing. An oral or phone part is not enough.
8.2. For fixtures Daxer Solartec, SL guarantees apply each manufacturer is not responsible however for damage caused by mechanical wear and / or changes caused by atmospheric influences. Small changes of color and / or impairments of the surface that do not have any influence on the operation of the item in question will not be collected either by the warranty. The costs of enforcing the manufacturer’s warranty contratante.La borne by the manipulation of the system by the person or company outside Daxer Solartec, SL will result in cancellation of the warranty law. Upon completion and commissioning of the solar system, Solartec Daxer, SL guarantees optimum load antifreeze in the heat transfer fluid in the primary circuit and therefore the total system resistance at low temperatures and freezing phenomena, any failure in this regard should be to fault Daxer Solartec, SL, not the subject of security.
If distribution agreements: It is a condition to enjoy the rights guaranteed Daxer Solartec, SL that assembly has been carried out according to the installation instructions in the appropriate version by a specialized company (manufacturer of heating or installer) with license, Solartec Daxer, SL has obtained the possibility to check in situ deficiencies occur promptly after the occurrence of any fault, you have a confirmation on the proper commissioning and annual inspection and maintenance by a specialized company This license. The performance warranty Solartec Daxer, SL are valid only towards their contractors.
9. Place of performance and jurisdiction:
9.1 . The place of performance for both parties is the headquarters of Daxer Solartec , SL. The competence of the court to consider in setting demands for all disputes arising from this contract will be agreed by the parties to the contract.