Dealer / distributor:
© Ecocorp Solar 2023
Ecocorp Solar SL Standard Contract Terms and Conditions of Sale
(Registered in Spain, BIC # B06858203. Calle Vente Vacío, El Real, 04628, Antas, Almería)
1. Definitions and Interpretations
1.1 “the Company” shall mean Ecocorp Solar SL.
1.2 “the Goods” shall mean the products or services sold and supplied by the Company.
1.3 “the Buyer” shall mean the purchaser of the Goods from the Company.
1.4 “Quotation” means the written estimate from the Company for the supply of the Goods.
1.5 “the Contract” shall start only on receipt of the required 50% advance payment in cleared funds.
1.6 “we” or “us” means Ecocorp Solar SL; “you” means the named purchaser of the Goods; “our” and “your” shall be construed accordingly and “contract” means any order we accept.
2. Application of Terms
2.1 These terms apply to all sales of goods by us to the exclusion of all other terms (and any you may purport to apply) unless expressly agreed in writing in advance by one of our directors.
2.2 Each order or acceptance of a quotation for goods by you shall be deemed to be an offer by you to buy goods subject to these terms.
2.3 We shall be entitled to withdraw any quotation at any time (whether already accepted by you, or not).
2.4 You acknowledge that you have not relied on any statement or representation made or given on our behalf. Any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose and any plan or measurement given by us is given for guidance only (based on your information) and without liability on our part. You must satisfy yourself that all goods and/or services ordered are correct.
2.5 Any typographical error or clerical omission in any sales literature, quotation, price list or other document issued by us may be corrected without liability on our part.
3. Description of Goods
3.1 The quantity and description of the goods are set out in our Factura.
3.2 All samples, drawings, descriptive matter, specifications, and advertising are issued or published for the sole purpose of giving an approximate idea of the described goods. They shall not form part of the contract, and this is not a sale by sample. Each order shall be considered a separate order and we are unable to guarantee that further orders for the same goods will match the previous order.
3.3 Where fine or special tolerances are required in the goods supplied beyond those generally accepted in the building trade, no liability shall attach to us unless such tolerances are notified in writing to us at the time of order and we have acknowledged in writing that we are prepared to accept such order.
4. Delivery of Goods
4.1 Unless otherwise agreed by us, in writing, delivery of the goods shall occur when you take possession of the goods when the goods are ready for unloading at the delivery site.
4.2 Any dates and times we specify for delivery of the goods are an estimate. We shall not be liable to you if we do not deliver on or at any date or time.
4.3 On rare occasions circumstances may necessitate that we deliver the goods by separate instalments.
4.4 Any goods queries must be made, in writing, within 5 working days of the delivery date to site else the goods shall be deemed to have been delivered in accordance with the contract.
5. Risk and Ownership of Goods
5.1 The goods are at your risk from the time of delivery or deemed delivery.
5.2 Ownership of the goods shall not pass to you until we have received payment in full.
5.3 Until ownership of the goods has passed to you, you hold the goods on a fiduciary basis.
5.4 You grant us an irrevocable licence at any reasonable time to enter any premises to recover the goods.
6. Provision of Services
6.1 The price quoted for any services assumes that:
a) the site is ready, safe, and suitable for the services to commence at the agreed time,
b) the services are to be carried out within our normal working hours,
c) suitable site access is always available; and
If any of these assumptions proves incorrect, we shall be entitled to vary the price for any extra costs incurred.
6.2 You are responsible for insuring the goods after installation and shall notify your insurers.
7. Consents and Permissions
7.1 Under Spanish Government law residential solar PV installations generally benefit from "Permitted Development Rights" therefore will not usually require planning permissions.
7.2 Owners of properties on Urbanisations must always discuss and agree permission with their Community.
7.3 By entering this contract you are warranting that you are the owner of the property or have the express permission of the owner and that you have all necessary local permissions and consents in place prior to the commencement of the Works.
7.4 We are not responsible for any costs, charges, or losses that you may incur due to failure to obtain any required consents, permissions, or insurances.
8. Price and Additional Charges
8.1 Unless we otherwise agree in writing, the price payable for the goods shall be the contract price.
8.2 The price for the goods and/or services shall be inclusive of IVA, payable by you at the prevailing rate.
9.1 On order an advance payment of 50% shall be required, the remaining 50% balance is payable on delivery.
9.2 In the event of any late payment by the Buyer the Company shall be entitled to charge interest on the amount outstanding at the rate of 0.35% per week (or part week) until the contract is paid in full.
9.3 Title in the goods shall not pass to the Buyer until the Company receives payment in full.
10.1 If any goods or services are defective due to workmanship or material, we shall (at our option) repair or replace such goods (or the defective part) or rectify the service provided that:
a) you give us written notice of the defect,
b) we are given a reasonable opportunity after receiving notice to examine the defect,
c) you do not make any further use of such goods after giving such notice,
d) the defect is not due to wilful damage, negligence (other than ours), fair wear and tear, alteration, or repair of such goods without our prior written consent or incorrect storage, application, movement, installation, commissioning, use or maintenance of the goods (other than by us); and
e) the defect is not due to any act or omission of you, your agents, or contractors.
10.2 Our entire liability for defective goods and services is set out in 10.1 and we shall not be responsible for making good post any remediation that we agree and subsequently undertake.
10.3 On request, we will provide information about any manufacturer’s guarantee offered and available to you in respect of the goods, but we are not legally responsible for any obligation under manufacturer’s guarantees.
10.4 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price.
10.5 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect, or consequential, or any other indirect losses whatsoever and howsoever caused.
10.6 Nothing in these terms excludes or limits our liability for:
a) death or personal injury caused by our negligence,
b) fraud or fraudulent misrepresentation; and
c) any other matter which it would be illegal for us to exclude.
11. Warranty and Emergency Callout
11.1 In addition to any statutory rights The Company warrants the Goods against defects in design, material, and workmanship under normal use for which the Goods have been designed for a period of five years from delivery provided that The Company undertook the installation and provided also that approved servicing has been properly carried out at the specified intervals and that such equipment remains in this original location and configuration. During the warranty period, The Company will at its discretion repair or replace defective components or assemblies.
11.2 This warranty is not transferable without prior consent in writing and signed by a Director of the Company.
11.3 This warranty does not include:
a) any equipment and materials or ancillaries not supplied by The Company,
b) The Company equipment that has been altered or modified without the Company’s prior approval,
c) damage or loss of function sustained during periods of wind speeds with gusts exceeding 88 km/h,
d) repairs performed other than by The Company authorised personnel or agents,
e) any accidental loss or damage or any loss or damage caused or contributed by any Acts of God; and
f) incidental or consequential loss or damage including but not limited to any loss of profit or revenue and/or the cost of supplying alternative energy.
11.4 The Company offers an emergency callout service. All emergency callouts will be invoiced, with the fee levied dependent on whether the site visit is during office hours, out of office hours, over a weekend or during periods when our staff are on holiday (annual vacation or public holiday). Please, before requesting an emergency callout give careful consideration as to whether you have a solar issue or is it electricity related? Not being qualified we recognise this is not easy, particularly as you quite correctly view the solar system and your household electrical system to be interrelated. Checking that you have power is the first step. First, determine if any of the breakers on your consumer unit have ´tripped´? If so, these need to be reset. You must also check that you have electrical power at the electric meter (indicated by a solid red light). In our experience most callouts prove to be electrical and often not to have been an emergency, so the costs were avoidable.
12. Cancellations and Returns
12.1 We may, at our discretion, accept or reject the cancellation of any contract. Any such cancellation shall be on such terms as we specify and, if appropriate we shall charge you a cancellation fee.
12.2 We shall be entitled to cancel or suspend a contract if you fail to pay us any sum due pursuant to the contract or fail to observe or perform any of your contractual obligations.
13. Health and Safety
13.1 Certain goods supplied by us could, if incorrectly used, give rise to risks to health and safety. You undertake that you will ensure compliance with any instructions you request be made available from us or the manufacturer or our supplier and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of any person handling, using, or disposing of them.
14.1 You will be responsible for the disposal of any environmental waste arising from the goods at the end of their serviceable life and will comply with all applicable laws, regulations and waste management licences relating to such waste, including the appropriate disposal by you of any goods. You will indemnify us against all costs, claims, liabilities, and expenses arising from any breach by you of this provision.
15. Force Majeure
15.1 We may defer the date of delivery, cancel the contract, or reduce the volume of the goods (without liability to you) if we are unable to deliver due to any cause beyond our reasonable control (including the acts or omissions of our suppliers and subcontractors).
16.1 Any notices given pursuant to or in relation to the contract shall be in writing and addressed to the party concerned at its principal place of business or last known address and delivered by recorded delivery that requires a receipt of delivery. Any notice shall be deemed delivered two days after the delivery has been signed for.
16.2 Any provision of the contract found to be invalid or unenforceable shall, to such extent, be deemed severable and the remaining provisions of the contract shall continue in full force and effect.
16.3 Failure or delay by us in enforcing any contract term shall not be construed as a waiver of any of our rights under the contract.
16.4 You shall not be entitled to assign or subcontract any of your rights or obligations under the contract.
16.5 Any dispute or claim arising in connection with the contract shall be governed by Spanish law and the parties submit to the exclusive jurisdiction of the Spanish courts.