SOGA SPA GENERAL TERMS OF SUPPLY

1. OFFERS
Commercial offers are valid for 30 days from the date of submission, after which they will stop being binding for SOGA.

2. ORDERS ACCEPTANCE AND ACKNOWLEDGEMENTS
In order to facilitate the correct input of the orders by SOGA’s side, we suggest to send your purchase orders specifying in the most complete and clear way the requested products configuration (model, rating, shape, panels, accessories, eventual features and special voltages) and the characteristics of the spare parts.
Upon written order acknowledgement issued and sent by SOGA by fax or e-mail to the Customer, orders are considered binding. We also suggest to check the received order confirmation (characteristics of the machine and sales conditions), in aim to communicate eventual discrepancies to our Sales Dept. within 2 days from receipt of the same.

3. PRICES AND DISCOUNTS
The minimum order amount is of 150,00 € net, whether referring to finished products or spare parts.
No rounding off or reductions shall be granted on prices unless previously authorized by SOGA.
Prices do not include VAT.
The discounts applied to the list prices are based upon Customer’s standard sales conditions agreed with SOGA. Special net prices, discounts and extra discounts can be applied only upon previous written authorization by SOGA. SOGA reserves the right to modify or up-date its price lists at any time without prior notice.

4. DELIVERY DATE
Delivery dates as shown in the order confirmation are provided merely as an indication, as eventual delays in the same by SOGA may be due to the following reasons:
1) force majeure such as strikes, fires, power shortage and any other event beyond the company’s control;
2) delays from our suppliers and difficulties in obtaining raw materials;
3) mistakes or delays in instructions and their transmission by the Customer, necessary for the fulfillment of the order;
4) changes made to the order after the order confirmation has been issued;
5) non-fulfilment of payment conditions by Customers or their financial exposure judged no longer acceptable by SOGA.
In case of eventual delay no penalty will be refunded to Customers.
Goods are considered delivered when ready for collection and put at disposal to the Customer, the carrier or shipping agent.

5. PACKAGING
Prices indicated in the price lists include standard packaging, supplied by SOGA, for its products and spare parts, which dimensions and weight have been fixed by SOGA.
All our pallets and crates are fumigated.
Any other kind of packaging other than the standard one will be charged in the invoice.

6. DELIVERY TERMS
Goods are delivered to the Customer according to Incoterms 2000 (International Commercial Terms) agreed between SOGA and the Customer in the commercial offer stage or according to the standard sales conditions reserved to the Customer. Different or specific delivery terms must always be previously agreed or authorized.
Any damages, shortages or rigging of the received materials must be opportunely notified by the receiver directly to the forwarding agent (in case of EXW delivery terms) or directly to SOGA (in case of transport at our charge).
In case of switches or discrepancies between ordered and received models and/or quantities, we ask you to please contact us: • fax +39 0444 499269 sales.soga@sogaenergyteam.com (Soga and Sogaenergies products) • fax +39 0445 446222 sales.sincro@sogaenergyteam.com (Sincro and Agrowatt products).

7. PAYMENT
After the invoice has been issued, payment must be made directly to SOGA according to the payment terms agreed in the invoice.
Under no circumstances payments can be delayed. In the event of payment delay or failure SOGA shall have the right to interrupt the production and/or to stop the delivery of eventual outstanding orders, as well as to charge interest in the region of 5% a year above the official interest rate which is applicable at the time when payment is due.

8. AFTERSALES
SOGA Aftersales Service provides a comprehensive technical advise service.
When requesting assistance under warranty, make sure that the machine identification data is on hand including its serial number and production order as shown on the adhesive label. The list of authorized aftersales assistance centres can be found on the web site: www.sogaenergyteam.com.
Whenever any SOGA machine malfunctions, the Customer is invited to contact our Aftersales by calling +39 0444 747700 (Soga and Sogaenergies products) or +39 0445 450500 (Sincro and Agrowatt products).
If the decision is made to return the product, SOGA aftersales will provide the Customer with an “Authorized Material Return” (RMA) number, that must be included in the delivery documents that accompany material.
Products that have been returned without following the procedure above, will be returned to sender.
Prior to performing repair, an estimation will be provided and authorization must be received from the Customer.

9. SHIPMENT FOR REPAIR
All products to be repaired are shipped at the risk and expense of the Customer regardless of whether warranty coverage will be claimed or not. The Customer must make sure that the machines sent for repair are in good order and clean. We recommend returning the products in adequate packaging that ensures protection against impact.

10. WARRANTY
SOGA guarantees its own products against failures or malfunctions resulting from construction or material defects as follows: alternators and motors are guaranteed for a period of 18 months starting from the invoice date or 12 months starting from the first start up, whichever occurs first; Agrowatt generators are guaranteed for 24 months from the invoice date.
We confirm that warranty is directed only to SOGA Customers to which we respond. SOGA does not grant warranty to those who have not directly purchased the product from the factory, in spite of the possession of it.
Within the above mentioned terms, SOGA commits itself to supply free of charge those spare parts that, according to its judgment or to the one of an authorized representative, appear with manufacturing or material defects or, always to its judgment, to directly or through an authorized center carry out the repairing without undertaking transport costs.
We anyhow exclude forms of responsibility or obligation for other costs, damages and direct or indirect loss caused by total or partial usage or impossible usage of the products.
The repairing or the substitution will not extend or renew the warranty duration.
Warranty will not be granted: whenever break-downs or problems may appear because of lack of experience, usage over the nominal performances, if the product had been modified or should return incomplete, disassembled or with modified nameplate data.

11. LAW AND JURISDICTION
These General Terms of Supply are governed by Italian law. Any dispute will be settled by the courts of the place in which SOGA registered office is located; the territorial competence is exclusively that of the Court of Vicenza.