TERMS & CONDITIONS
Table of Contents
1. Interpretation
2. Offers, Costs and Pricing
3. Orders
4. Payment
5. Force Majeure
6. Transport
7. Warranty
8. Return Merchandise Authorisation (RMA)
9. Cancellation/Termination
10. Risk and Title
11. Data Protection
12. Limitation of Liability
13. Severability
14. Governing Law
1. Interpretation
1.1 In these terms and conditions:
“Solatek” means Solatek Ltd (10748401);
“Customer” means the persons or entity purchasing from Solatek;
“Client” means the persons or entity using services provided by Solatek;
“Order” means an agreement with Solatek whether it be goods or services;
“Data Controller” has the same meaning as set out in the Data Protection Act 1998 and the General Data Protection Regulation;
“Data Processer” has the same meaning as set out in the Data Protection Act 1998 and the General Data Protection Regulation;
“Specifications” means the technical specifications and descriptions of the Goods including design and physical composition;
“Legislation” means all legislation, laws, and regulations applicable to the Goods and/or Services;
“ITAD” means Information Technology Asset Disposal;
“RMA” means Return Merchandise Authorisation;
“RTB” means Return to Base;
“Date of Delivery” means the date on which the goods in questions were delivered to the customer; verifiable by courier;
“Assets” means the assets to belonging to the Client;
“Goods” means the goods to be supplied by Solatek to the Customer;
“Services” means the services to be provided by Solatek to the Client;
“Facility” means the location where Solatek holds and/or treats Goods;
“Party” means Solatek and/or the Customer and/or the Client (as appropriate) and “Parties” shall mean both/all;
“VAT” means value added tax;
“Statement of Work” means the contractual agreement between Solatek and the Client that details the services to be provided by Solatek;
“Force Majeure” means an event that is beyond the control of the Parties, and which prevents compliance to these terms and conditions;
“Working Day” means a day other than Saturday or Sunday but shall exclude all United Kingdom Bank Holidays and Public Holidays;
“As Per Order” means the terms agreed between Solatek and the Customer/Client documented on an Invoice and/or Statement of Work.
1.2 These terms and conditions apply within and outside of England and Wales, irrespective of the residence or domicile of the Parties to any Order/agreement(s) and irrespective of the place where the Order/agreement(s) is formed or should have been enforced.
1.3 In these terms and conditions, unless the context explicitly otherwise requires:
1.3.1 the word ‘including’ shall be understood as meaning ‘including without limitation.’
1.3.2 words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine;
1.3.3 the headings to the clauses are for information only and do not affect the interpretation of this document.
1.4 If either Party inspects or could have inspected these terms and conditions in a language other than English, and there is a difference of opinion about the interpretation of the text, the English version shall prevail above the foreign language version unless Solatek renounces this explicitly in writing.
2. Offers, Costs and Pricing
2.1 All offers, estimates and quotations from Solatek are entirely without obligation.
2.2 All statements provided by Solatek in images, websites, publications, multimedia, folders, attachments, documentation or in any other way must be regarded as approximation and provided without obligation.
2.3 All stock listings and email content created by Solatek provide an indication to the Goods on which Orders may be placed, however no Order from the Customer shall be binding upon Solatek unless it is confirmed by Solatek.
2.4 Solatek shall not be held liable for typographical errors on any invoices, company forms, written correspondence or on our website however Solatek shall make every effort to ensure all information is correct.
2.5 Unless otherwise agreed in writing, Solatek shall set a price or rate in GBP (Pounds Sterling).
2.5.1 Solatek may provide an exchange rate or currency conversion on offers or in correspondence; this is intended for informational purposes only and is provided without obligation.
2.6 All amounts stated are exclusive of VAT which shall be charged at the prevailing rate upon invoice.
2.6.1 Those Goods that are sold under separate VAT schemes will be stated accordingly and reflected upon invoice.
2.7 Solatek retains the right to charge for collection and/or shipping costs.
2.8 The prices stated are based on various factors including, but not limited to exchange rates, taxes, charges, shipping, etc. prevailing at that time.
3. Orders
3.1 All Orders determined with Solatek shall only become binding for Solatek after explicit written confirmation by Solatek or because Solatek has commenced performance of the Order.
3.2 Any alterations or additions to Orders shall only become binding for Solatek as far as they have been accepted by Solatek and confirmed in writing.
3.3 Only a Director of Solatek and any person explicitly authorised by a Director of Solatek for that purpose can conclude Orders on behalf of Solatek.
3.4 Unless agreed explicitly otherwise in writing, Solatek has the right at all times to arrange for part or all of the Order to be undertaken by third parties. In this case, these terms and conditions shall also work in favor of these third parties if necessary, on the condition that Solatek authorises them. This does not create any obligations whatsoever to Solatek.
3.5 Solatek is free to choose whom it shall engage to supply and/or provide Goods and/or Services to the Customer/Client. Unless agreed otherwise explicitly in writing, it is also free to choose to replace this person or persons and/or third party as it sees fit.
3.6 In the event that Solatek supplies Goods to the Customer as part of the Order and these Goods are the subject of licences granted to Solatek by third parties the Customer shall be subject to all of the provisions of those licences and shall indemnify Solatek against all consequences from the use of those Goods that is in conflict with the provisions of those licences.
4. Payment
4.1 Upon agreement of an Order by both Parties, Solatek will issue an invoice for the full amount payable.
4.2 All payment must be made in GBP (Pounds Sterling) unless otherwise agreed in writing by Solatek.
4.2.1 The amount payable may additionally be displayed in other currencies; this is for informational purposes only.
4.3 Solatek reserves the right to withhold Goods until the invoice has been paid in full.
4.4 All Goods remaining the property of Solatek until the invoice is paid in full.
5. Force Majeure
5.1 Solatek will not be in breach of these terms and conditions or liable to the Customer/Client in any manner whatsoever for failure or delay in performing its obligations due to Force Majeure.
5.2 If either party is unable to adhere to its obligations under these terms and conditions due to Force Majeure, then it will give the other Party notice within ten working days of becoming aware of the Force Majeure.
5.3 Neither Party will be entitled to payment from the other Party in respect of additional costs incurred due to the Force Majeure.
6. Transport
6.1 Solatek shall determine the method and means of transport of Goods unless explicitly otherwise agreed in writing.
6.2 Upon receipt of the Goods the Customer must satisfy itself with the condition of the Goods.
6.2.1 By signing for the goods without lodging a protest against the proof of receipt, issued by Solatek/the carrier, the other party declares that it has received the Goods in good condition.
6.2.2 If the Customer takes receipt of the Goods but fails to sign the proof of receipt issued by Solatek/the carrier, the Customer declares that the Goods have been received in good condition.
6.2.3 Any damage or shortages must be explicitly reported in writing to Solatek within 48-hours of taking receipt of the Goods.
6.3 Solatek shall aim to keep to estimated transportation timescales wherever possible; if delays are incurred the Customer shall be notified as soon as possible.
6.3.1 Solatek assumes no liability, nor does it create any obligations to Solatek if transportation is delayed or postponed.
7. Warranty
7.1 Unless explicitly otherwise agreed in writing, Solatek provides warranty for the Goods it supplies.
7.1.1 Goods may also hold previous guarantees or warranties from manufacturers or other entities; this is not, in any way whatsoever, associated with Solatek nor should it be confused with any warranty offered by Solatek.
7.1.2 Warranty offered by Solatek extends only to the original Customer.
7.2 Solatek offer a fourteen-day (calendar days) RTB warranty on all Goods, unless explicitly otherwise agreed in writing, valid from the initial Date of Delivery.
7.2.1 Solatek may also offer extended warranty periods for an additional fee, this is at the sole discretion of Solatek; in this case the length of the warranty period will be clearly shown on the invoice.
7.3 Warranty provided by Solatek shall cover all hardware functionality and cosmetic condition of the Goods.
7.3.1 Solatek shall, from time to time, supply Goods that are not at a full working capacity and/or have missing and/or defective parts; this will be made explicitly clear by Solatek to the Customer and a summary shown on an invoice.
7.3.1.1 Warranty claims will be considered invalid and returns immediately rejected if the Goods are As Per Order.
7.3.1.2 Warranty provided by Solatek shall not cover faults or malfunctions pertaining to software.
7.3.1.3 Warranty provided by Solatek shall not cover incompatibility with other devices due to hardware and/or software, whether they be Goods supplied by Solatek or otherwise.
7.3.2 During the warranty period, Solatek will repair or replace any defective parts to restore the product to its full working capacity.
7.3.3 Should the repair or replacement fail to restore full functionality, it is at the discretion of Solatek that a credit note be raised for the full or partial value.
7.4 Shipping costs are not covered under warranty. The Customer is responsible for covering all costs associated with returning the Goods.
7.5 Claims made by the Customer regarding battery life will be rejected if the battery holds for thirtyminutes or more when the device is in use.
7.6 Solatek retain the right to reject any return and/or void any warranty if there are indications of misuse and/or abuse or if anyone other than a Solatek technician attempts to service the Goods without prior explicit written consent from Solatek. This also includes any tampering or alteration of the Goods without prior explicit written consent from Solatek.
7.7 Solatek will not warrant any faults/issues/damages arising from an act of God (lightning, flooding, etc.), electrical spikes or surges, or problems arising out of hardware, software or additional devices added to complement any of the Goods from Solatek.
7.8 Solatek makes no other warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or conformity to any representation or description.
8. Return Merchandise Authorisation (RMA)
8.1 Return Merchandise Authorisation (hereinafter referred to as: “RMA”) means the written permission from Solatek to the Customer for Goods to be returned by the Customer.
8.2 In order for Goods to be returned to Solatek from the Customer, the Customer must complete and submit a ‘Return Merchandise Authorisation’ form (hereinafter referred to as: “RMA form”) to Solatek.
8.3 RMA forms that are incomplete and/or unreadable shall not be accepted by Solatek and Solatek shall not in any way whatsoever be held liable for this by and/or on behalf of the Customer.
8.4 It is at the discretion of Solatek that an RMA will be approved to the Customer.
8.5 When considering an RMA from the Customer, Solatek may request supporting evidence; failure to produce evidence may result in rejection of the RMA request.
8.6 If the Customer wishes to return Goods in relation to Goods supplied As Per Order due to an incorrect order and suchlike then this can only take place after the explicit approval of Solatek and only by means of an RMA form and under the applicability of the RMA process.
8.7 Strictly only Goods approved for return by Solatek may be returned.
8.8 Returns will be rejected;
i. if the Goods are not returned in the same condition as which they were when dispatched by Solatek;
ii. if the Goods are not packaged safely or if the method of packaging results or could have resulted in damage to the Goods;
iii. if the Customer does not fully complete the Return Merchandise Authorisation form and include a physical copy of this with the returned Goods.
iv. the Goods are of the Specifications As Per Order.
8.9 If AC adapters/chargers were included in the original order, they must also be returned. A £20 per AC adapter/charger penalty will be applied to any credit note(s) raised if they are not included with the return.
9. Cancellation / Termination
9.1 If the Customer/Client fails to comply with its obligations with regard to one, multiple or all Goods and/or Services supplied and/or provided by Solatek, work undertaken and/or for any other reason, Solatek has the right to suspend all or some of its obligations towards the Customer/Client and/or to cancel/terminate the underlying agreement in full or in part without Solatek being held liable in any way whatsoever by the other Parties.
9.2 Solatek also has the right stated in 9.1 in the event the following situations arise with regard to the other party; committing of punishable acts that affect the business relationship with Solatek as well as the good name and reputation of Solatek, bankruptcy, suspension of payments, liquidation of legal form / business activities, seizure or, in the opinion of Solatek, the threat of one or more of these situations. All claims by Solatek against the Customer/Client shall in that case become immediately due and payable without the need for any breach notice and/or default notice being required.
9.3 If the Customer/Client wishes to terminate/cancel the Order/agreement(s) it has concluded with Solatek then Solatek shall have the right to demand compliance with the concluded Order/agreement(s) or, at the discretion of Solatek, the other party must pay cancellation/termination costs of at least 20% of the financial value of the agreement. Solatek also has this right for the situations stated in 9.1.
9.4 In all of the cases referred to in Article 9, Solatek also has the right to recover from the other party all losses suffered or to be suffered by Solatek and/or on its behalf in any way and/or in any form whatsoever.
9.5 In all of the cases referred to in Article 9 Solatek cannot be held liable in any way whatsoever by and/or on behalf of the other party for any direct or indirect consequences experienced as a result of any actions of Solatek pursuant to this Article.
10. Risk and Title
10.1 When engaging in Services with the Client;
10.1.1 Solatek will bear the risk of loss or damage to the Assets during transportation and whilst the Assets are located at the Facility.
10.1.2 The Client will bear the risk of loss or damage to the Assets while the Assets remain at the Client’s facilities or are being transported by the Client and/or the Client instructs a thirdparty to transport the Assets.
10.1.3 The Client hereby warrants that it holds full title to the Assets and that no third party has any interest in the Assets.
10.1.4 Title to the Assets will transfer to Solatek upon delivery.
10.2 When supplying Goods to the Customer;
10.2.1 Solatek will bear the risk of loss or damage to the Goods during transportation and whilst the Goods are located at the Facility.
10.2.2 The Customer will bear the risk of loss or damage to the Goods while the Goods remain at the Customers’ facilities or are being transported by the Customer and/or the Customer instructs a third-party to transport the Goods.
10.2.3 Title to the Goods will transfer to the Customer upon full payment of the invoice relating to the Goods in question.
11. Data Protection
11.1 All Parties will be individually responsible for compliance with all relevant legislation relating to the storage and handling of data.
11.2 The Client, as Data Controller has agreed for Solatek to be it Data Processor and confirms that the Processing is conducted under the Statement of Work whilst also abiding to these terms and conditions.
11.3 Solatek has produced a separate Privacy Policy to explain the collection, use, storage, and security of data. This can be provided upon request to Solatek or found online at www.solatek.co.uk.
12. Limitation of Liability
12.1 Solatek shall not be held liable for any loss, either direct or indirect, that is the result of failure of Goods and/or Services provided by and/or on behalf of Solatek unless this is the result of an intentional act or gross negligence.
12.2 Insofar as the other Parties or a third party engaged by the other Parties is involved in the execution of a transaction between Solatek and the other Parties on the basis of co-work and/or the provision of assistance, Solatek shall not in any form whatsoever be held liable for any damage caused on the part of the other Parties and/or the third party that it engages; nor shall Solatek be liable towards the other Parties’ ultimate client.
12.3 If for any reason Solatek is held liable for compensation, the compensation owed shall always be limited to the original invoice amount (excluding VAT) in relation to the supplied goods.
12.4 A claim under these terms and conditions shall not suspend the other Parties’ payment obligation to Solatek.
13. Severability
13.1 If any of the provisions of these terms and conditions become invalid or unenforceable for any reason by virtue of applicable law the remaining provisions shall continue in full force and effect and Solatek will undertake to use all reasonable endeavours to replace any legally invalid or unenforceable provision with a provision which will promise to the Parties (as far as practicable) the same results as were intended or contemplated by the original provision.
14. Governing Law
14.1 These terms and conditions and any non-contractual obligations arising out of or in connection with these terms and conditions shall be governed by and shall be interpreted in accordance with the laws of England and Wales.
