Conditions of Sales

GENERAL TERMS AND CONDITIONS OF SALE

Applicable as of May 10, 2024. The purpose of these general terms and conditions of sale is to define the rights and obligations governing each sales contract entered into between ARCTIC LEOPARD EUROPE and its CUSTOMERS for the distribution of ARCTIC LEOPARD brand electric motorcycles ("PRODUCTS"). It is expressly stated that all obligations set forth herein are essential, and that without them, ARCTIC LEOPARD would not have entered into the contract. It is also stated that no conflicting clause may be accepted without the express acceptance of ARCTIC LEOPARD. ARCTIC LEOPARD reserves the right to modify or replace these general terms and conditions of sale by providing 30 days' written notice to the CUSTOMER.

ARTICLE 1.

1.1 ORDERS

ARCTIC LEOPARD supplies the PRODUCTS to the CUSTOMER for resale within the European Economic Area (EEA). An order is not considered accepted until it has been confirmed by ARCTIC LEOPARD.

1.2 Any cancellation or modification of an order must be sent to ARCTIC LEOPARD in writing three business days before the desired delivery is dispatched, otherwise it will be inadmissible. After this deadline, the sale will be complete.

1.3 Requests for cancellation or modification of orders will only be accepted before dispatch, by registered letter to the following address: ARCTIC LEOPARD EUROPE, Calle Olmedo, 29639 Benalmadena, Spain. Any order in the process of being delivered, already dispatched, by sea transport, or by air freight, cannot be canceled under any circumstances.

1.4 The CUSTOMER must be able to demonstrate, in the reasonable judgment of ARCTIC LEOPARD, a level of financial solvency allowing for the regular supply of PRODUCTS. The CUSTOMER undertakes to respond favorably to any reasonable request for financial information from ARCTIC LEOPARD.

ARTICLE 2. DELIVERY TIME

2.1. ARCTIC LEOPARD will make every effort to deliver the PRODUCTS under the conditions agreed upon by both parties, unless otherwise agreed by the CUSTOMER. However, if non-fulfillment of the order, as accepted in accordance with Article 1.1, is due to an event beyond the reasonable control of ARCTIC LEOPARD, the CUSTOMER authorizes ARCTIC LEOPARD to postpone delivery or to deliver only partially.

2.2. Delivery dates are given for informational purposes only and are not guaranteed. ARCTIC LEOPARD will endeavor to comply with the indicated delivery time, without this being considered a substantial element of the sales contract. Consequently, any delays will not entitle the CUSTOMER to refuse delivery of the PRODUCTS or to claim damages. All orders invoiced and delivered to the carrier, in the customer's country, may not be refused.

ARTICLE 3. DELIVERY

3.1 The shipping or delivery dates provided are for informational purposes only and correspond to ARCTIC LEOPARD's best estimate of shipping and delivery times.

3.2  Any other request for delivery terms made by the CUSTOMER is at the discretion of ARCTIC LEOPARD and, in any event, at the DISTRIBUTOR's expense.

3.3 ARCTIC LEOPARD shall not be liable under any circumstances for late delivery.

3.4 Any damage or shortage during delivery must be: • immediately notified in writing on the delivery receipt presented by the carrier, stating clear, precise, and complete reservations, and • confirmed to the carrier by registered mail with acknowledgment of receipt, with a copy to ARCTIC LEOPARD, within 48 hours of receipt. ARCTIC LEOPARD and its carriers decline all liability if the CUSTOMER fails to meet these conditions and will not accept any claims from the CUSTOMER for missing or defective packages that have not been notified in the manner and within the timeframes specified above. Claims from the DISTRIBUTOR made in the manner and within the timeframes specified above, and accepted by ARCTIC LEOPARD, will allow for the repair, replacement, or issuance of a credit note for the PRODUCTS concerned. ARCTIC LEOPARD disclaims all liability for any direct or indirect, consequential damages or losses.

3.5 No PRODUCT returns will be accepted by ARCTIC LEOPARD without its prior written consent. In the absence of such consent, return shipping costs will be borne by the DISTRIBUTOR. ARCTIC LEOPARD also reserves the right to establish a specific procedure for managing PRODUCT returns on a case-by-case basis, including the right to invoice the CUSTOMER for costs incurred by its returns or by refusals of delivery.

3.6 ADDITIONAL COSTS  

If additional costs apply upon arrival of the products in the destination country, these will be borne by the customer.

3.7 APPLICABLE LAW / JURISDICTION

The parties agree that this contract is governed by Spanish law and falls under the exclusive jurisdiction of the Courts of Malaga, Spain.