Standard Terms of Sale

The “SOL Instruments” company manufactures and markets high quality innovative equipment for scientific research and industrial applications. We aim to meet the needs of our customers and exceed their expectations.

The terms and conditions (“the Conditions”) set forth hereinafter shall govern the sale of Products (“Products”) and the provision of services (“Services”) by SOL instruments Ltd, hereinafter “SOL instruments”.

“Customer” means a company or corporation placing an order for products or services with SOL instruments.

“Contract” means any agreement between SOL instruments and a Customer with respect to sale/purchase of Products or Services, mutually signed in writing.

All SOL instruments Quotations are always without obligations. The quotations are open for acceptance and are valid for a period of 60 days, unless otherwise in writing to the contrary. All prices set forth on the Quotation shall be exclusive of shipping, insurance, taxes, license fees, customs duties and any other related charges.

The order from the Customer shall only become binding upon written confirmation by SOL instruments. The customer is responsible for the accuracy of his order and specifications and for supplying any relevant information within sufficient time to enable SOL instruments to perform the contract for delivery of Products or Services.

All documents, including Contracts and Invoices, are supplied electronically via PDF only.

Orders, placed by Customer can’t be cancelled or rescheduled without SOL instruments prior written consent. SOL instruments is under no obligation to accept such cancellations or rescheduling. SOL instruments reserves the right to make a charge on the Customer to recover the costs and loss of profit incurred by SOL instruments due to such cancellation or rescheduling.

Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind; and (b) in the currency stipulated in order confirmation and in Contract; (c) within (30) thirty days from the Invoice date. SOL instruments reserves the right to require alternative payment terms, including payment in advance (at least 50% deposit).

Payments should be transferred by wire transfer to SOL instruments account in the bank indicated by SOL instruments; payment by check is not acceptable.

In the event that payment by L/C is agreed, an irrevocable LC is arranged for payment in full against shipping documents.

All bank charges are paid by a Customer.

Certificates of Origin can be provided on request, chargeable.

Shipping dates are approximate and are based upon prompt receipt of all necessary information.

Unless contrary is stipulated all prices are quoted FCA Minsk, Belarus according to INCOTERMS 2010.

Shipmen costs shall be prepaid by Customer if requested by SOL instruments. The shipment carrier shall not be deemed an agent of SOL instruments.

The delivery point should be specified in the Order Acknowledgement sheet. SOL instruments shall choose a carrier in the absence of specific instructions from the Customer. If shipment is delayed due to a customer’s fault, in particular, because the customer has failed to give timely and accurate instructions, risk shall pass to the customer upon receipt of written notification that the products are ready for shipment.

Export of products shall be subject to the export regulations applicable in Belarus. SOL instruments shall be responsible for obtaining all necessary authorizations and permits relating to the export of goods.

Customer shall be solely responsible for import of Products, for the procurement of relevant approvals and permits and for payment on any duties in the country of destination.

Risks of loss or damage to the Products as well as the obligations to bear any costs relating thereto, shall pass to a Customer upon SOL instruments making delivery, including partial shipments. Claims for shortfalls in quantity or for incorrect delivery shall be void if made more than 14 days after receipt of products by the Customer.

Any intellectual property rights, including patentable inventions (whether or not applied for), patents, copyrights, trademarks, trade names, trade secrets shall be the exclusive property of SOL instruments. SOL instruments shall exclusively own all rights in and to the products, layouts, know-how, ideas or information discovered and developed by SOL instruments in the course of the performance of these terms of sale.

SOL instruments warrants that standard products are free from defects in material and workmanship and will perform in accordance with the specifications prepared and approved by SOL instruments for a period of 12 months from the date of shipment (Invoice) unless there is any stipulation to the contrary. Confotec® Raman systems, laser elemental analyzers LEA-S500®,lasers and laser systems, any kind of customized spectroscopy systems, including software are warranted for a period of 12 months from the date of activation and acceptance, but no longer than 18 months from the date of shipment.

Products or parts thereof, manufactured by others, are warranted only to the extent of such manufacturer’s warranty to SOL instruments. The non-linear crystals in solid-state lasers, any optical components subjected to laser beam are warranted 90 (ninety) days only. Customer must promptly notify SOL instruments within 14 days from the date of delivery or discovery of any warranty issue within the warranty period.

All returns to SOL instruments should be prior authorized by SOL instruments and freight prepaid by a Customer. The products authorized for return must be packed in accordance with the SOL instruments instructions, the valid RMA number must be clearly displayed on the outside of the package.

All repairs of products within a warranty period are performed at SOL instruments facilities. In case of repair within a warranty period at a Customer’s site, the Customer covers costs of travel and accommodation for SOL instruments engineer.

Upon expiry of the warranty period all repairs and visits of SOL instruments representatives will become chargeable.

The above warranty is only applicable if Customer satisfies the general requirements of the present general conditions of sale and in particular the conditions of payment.

SOL instruments provides optional extended warranty coverage beyond the standard 1 year period at additional cost.

A customer that has been supplied with products via a third party (e.g. distributor, agent or dealer) should in the first instance contact a third party supplier for support. A Customer who has purchased products directly from SOL instruments can access the service team via the following link: sales@solinstruments.com

The SOL instruments obligation under this warranty is limited to providing any and all necessary product repairs upon SOL instruments examination and final determination as to cause or existence of defect and, at its option to repair or replace the products, which prove to be defective during the warranty period.

SOL instruments shall not be liable to a Customer by reason of any delay in performing or any failure to manufacture and deliver (a) due to causes beyond its reasonable control; (b) due to acts of God, explosion, flood, fire; (c) war or threat of war, sabotage, insurrection, civil disturbance or requisition, strikes; (d) import or export regulations; (e) power failure or breakdown in machinery, fuel; (f) due to reasons beyond its reasonable control to obtain necessary raw materials, components; (f) acts of the Customer, delays in transportation.

In the event of any such delay, the date of delivery shall be deferred for a period equal to the time lost by reason of delay.

5.1. Products provided hereunder are not sold or intended for use in any nuclear or military related applications. Customer accepts Products in accordance with the foregoing restriction, agrees to communicate such restriction in writing to any and all subsequent purchasers or users and agrees to defend, indemnify and hold harmless SOL instruments from all claims, losses, liabilities, suits, judgments and damages, including incidental and consequential damages, arising from use of Products in nuclear and military related applications.

5.2. The Contract shall in all respects be construed in accordance with the laws of Belarus excluding, however, any effect on such laws of the 1980 Vienna Convention on Contracts for the International Sale of Goods. All disputes arising out of the Contract shall be subject to the exclusive jurisdiction of the Belarus courts.