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Dear Sirs,

In case of any discrepancy in consignment please fill in the attached complaint form. Please send us the form by fax or - in case of article return - attach it to your return consignment. It will help us to speed up the process of settling your claim and will be valuable information for us.

Reclamation Protocol

Kind Regards,

Spare Parts Department

I. The delivery dates

1. The system organised by SOLARIS and referring to supplying of spare parts ensures:

• Supplying of spare parts necessary for proper vehicle operation for the period of at least 15 years from the bus receipt date
  
• Supplying of spare parts which are in standard turnover for guarantee repairs within 24 - 48 hours from the date of order submission to cover emergency orders. 
    

  Germany	24h
  France	24h
  Italy	24-48h
  Austria	24h
  Switzerland	24h
  Scandinavian countries	24-48h
  Lithuania, Latvia, Estonia	24h
  Slovakia, Czech Republik	24h

• Supplying of spare parts which are in standard turnover within 2 - 4 days from the date of order submission to cover emergency orders.
  
  

  Germany	2 days
  France	4 days
  Italy	4 days
  Austria	2 days
  Switzerland	4 days
  Scandinavian countries	4 days
  Lithuania, Latvia, Estonia	3 days
  Slovakia, Czech Republik	2 days

• Supplying of spare parts which are in a standard turnover within 2 - 10 days from the date of order submission to cover planned orders provided an order covers individual units /pieces.
  
  

  Germany	2-3 days
  France	7-10 days
  Italy	4 days
  Austria	2-3 days
  Switzerland	4 days
  Scandinavian countries	7-10 days
  Lithuania, Latvia, Estonia	3 days
  Slovakia, Czech Republik	2 days

• Supplying of spare parts which are not in a standard turnover within a period not exceeding 50 days from the date of order submission; A list of such parts constitutes a separate appendix to contract. This appendix shall include:
  
  

  1. Complete units and sub - units assembled in a bus	Engine, gear box, axles, complete air conditioning, complete door
  2. Specific constructional components	Framework components, floors, piping, inner railings,
  3. Wheels and tires
  4. Specific electric components	Harnesses, destination boards and their controls, components of monitoring system
  5. Additional equipment	Blinds
  6. Plastic components	Components of the driver‘s cabin: front sill, console protection/housing, cabin‘s door,
  7. Other	Drive shaft, door controls, passenger seats and their components, driver‘s seat and its components
  8. Parts not listed in the spare parts catalogue - through Documentation Department
  9. Elements ordered on “special client‘s request”.

2. In special cases, on a written request made by Solaris and upon client‘s consent, the delivery date can be extended up to 45 days.

3. The date of order submission is a calendar day which is a working day in an ordering party‘s country if an order is made in a written form (fax, e-mail, order made on www.magbus.pl website) and sent till 12 o‘clock the same day to SOLARIS or to the authorised SOLARIS partner distributing spare parts and to the attention of SOLARIS.

4. Delivery dates of spare parts do not include not-working days in the countries of ordering party and supplier.

II. Paid deliveries

1. Making an order means that a client accepts the terms of purchase, in particular the price and the delivery date and that a client realises any additional costs which he shall bear to complete an order.

2. The Buyer can terminate a Contract within seven days from submitting an Order. In such case the Buyer shall pay the amount due on the account of this part of contact which has already been completed or on the account of a contract being under way at the moment of receipt by the Seller a written statement on contract termination. Furthermore, the Seller may require to repair the damage which occurred as a result of Contract termination by the Buyer.

3. The goods shall be purchased by the Buyer in accordance with current prices valid at the moment of making an order. The Buyer shall make the payment due in line with any additional payments in the form, amount and on the date specified in the invoice.

4. In case of deferred payment date the Seller may require the Buyer to secure and guarantee the payment, in particular in the form of:

• Promissory note (own bill of exchange) in blanco along with a bill statement;
  
• Advanced payment
  
• Guarantee;
  
• Bank or insurance guarantee which shall secure the payment on the account of price of sold product and costs of product delivery.

5. Cash payment is always practised at the first three Buyer‘s purchases as well as in cases when the Buyer has some payments overdue and the Seller agrees to make a transaction.

6. The payment date is the moment when the whole amount due shall be at Seller‘s disposal, in particular when the whole amount due is transferred on Seller‘s bank account (the actual payment of due amount ).

7. If the Buyer delays with the payment for Product, the Seller may accrue interests in the statutory amount and may require that the Buyer should return the Product which has not been paid.

8. If the Buyer delays with the payment for Product sold under the Contract, other Buyer‘s payments due to the Seller (including payments due according to other contracts) shall become immediately mature. Furthermore, in such case the Seller may at his discretion: 

•  stop the delivery of the Goods which have not been delivered to the Buyer yet, also if the responsibility of product delivery results from other contract than the contract whose payment terms were violated; or:
  
• Terminate other contract entered into with the Buyer without maintaining the additional date; or
  
• Require that the damage resulted from overdue payment shall be repaired

9. Subject to effective legal regulations, the Seller shall bear no responsibility for damage made to the Buyer as a result of the fact that the Seller exercised any of his rights under §8 above.

III. Complaints and returns of new goods

1. If the Buyer obtains a written consent from the Seller he can return the goods which have been delivered by the Seller and which belong to him excluding situations covered by the Guarantee. The Seller may give such a consent if the goods have not been used and are packed in original package and the information about the return occurs within 3 working days from the delivery date. 

2. If the Seller agrees on goods return, the Seller shall bear no costs on this account, in particular transport costs shall be on the Buyer‘s expense.

3. The Seller shall check and control the returned goods and he can decide if:

• He pays back the Buyer the value of returned goods,

• He rejects to accept the returned goods,

• He replaces the returned goods with other goods. 

4. In case of paying back the goods value which is stipulated in § 3 item 1 above, the value to be paid back shall amount to the value of the purchased goods decreased of the costs related to check, improvement and administrative activities made by the Seller. 

5. This provision is not applicable if the delivered goods are not in accordance with the Contact. In such case the rules of goods return shall be agreed individually between the Seller and the Buyer. In particular the Seller may:

• Deliver the goods in accordance with the Contract on a newly designated date
  
• Cover the return costs (transport) of wrong goods from the Buyer

6. Upon goods receipt the Buyer shall perform qualitative and quantitative control of the delivery  Complaints due to defective goods whose damage result from transport and is visible while transferring the goods to the Buyer shall not be considered if such damage is not reported to a forwarder with a note made in a bill of lading.  Complaints on account of defective product delivery whose damage result from transport or a delivery which is inconsistent with the contract shall be made within 3 working days from the confirmation date of goods receipt on a bill of lading.