Terms and conditions
These terms shall apply to all contracts concluded with the firm of SunWare Solartechnik GmbH & Co KG unless other terms have been expressly agreed in writing with the purchaser. Any of the vendor’s terms of delivery and payment which deviate from these conditions shall only be binding on the firm of SunWare Solartechnik GmbH & Co KG if they have been recognised expressly or in writing.
All offers in catalogues, brochures, press advertisements and other advertising media are always subject to alteration without notice. Orders and contracts shall only be deemed to be accepted if acknowledged by the firm of SunWare Solartechnik GmbH & Co KG in writing. Any agreements deviating from the order acknowledgement by SunWare Solartechnik GmbH & Co KG shall require written confirmation. Oral subsidiary agreements shall not be effective. Delivery times stated in order acknowledgements shall only be binding if expressly identified as binding delivery dates. Circumstances which render the manufacture or delivery of sold goods impossible or extremely difficult and all cases of force majeure, official measures, equipment failure, labour disputes at the suppliers to the firm of SunWare Solartechnik GmbH & Co KG shall exempt SunWare Solartechnik GmbH & Co KG from its obligation to deliver for the duration of the hindrance or its repercussions. The firm of SunWare Solartechnik GmbH & Co KG shall not be obliged to subsequently deliver the quantities apportioned to this period. Circumstances of the kind described above shall entitle the firm of SunWare Solartechnik GmbH & Co KG to withdraw from the contract without any obligation to provide compensation. If the purchaser/customer fails to fulfil his duty to co-operate, either in part or entirely, a delivery time guaranteed with binding force shall be extended appropriately, at least by the extent of time the purchaser failed to fulfil his duty to co-operate. Moreover, if the customer does not fulfil his obligation to co-operate or co-operates insufficiently, he shall have to bear the extra costs and losses arising as a result. The same shall apply to material he provides which is defective, incorrect or arrives too late.
Part deliveries shall be permissible. The customer may not derive any rights with respect to the other partial quantities out of the delay of part deliveries. Defective part deliveries shall not entitle the customer to refuse the other part deliveries or to withdraw from the contract .
If an inspection acceptance has been expressly agreed, the customer shall do this inspection at his own expense. If no complaint is made after the inspection acceptance or if the customer neglects to carry out the inspection, the goods shall be deemed to have been supplied in conformance to the contract as soon as they leave the stocks of SunWare Solartechnik GmbH & Co KG or of the manufacturer or the warehouse of an importer or intermediary.
The risk of loss, destruction or deterioration of ordered goods shall pass to the customer once the customer has received notification of readiness for dispatch, at the latest however when the goods are dispatched to him. This shall also apply if the firm of SunWare Solartechnik GmbH & Co KG carries out or organises the transport.
Unless express guaranteed, dimensions and weights stated in the offers and order acknowledgements shall be deemed to be approximate.
The customer must send notification of any defects by registered post immediately, at the latest within one week of the arrival of the goods at the place of destination. Notification of concealed defects must be sent by registered post immediately after discovery. The same shall apply to incorrect deliveries. The firm of SunWare Solartechnik GmbH & Co KG reserves the right to check or to have the notified defect checked on the premises. The goods which are the subject of the complaint must be kept available by the customer for this purpose. If the customer does not give the firm of SunWare Solartechnik GmbH & Co KG the possibility of checking the defect complained about, he shall lose his claims under guarantee. Transport damage claims must be raised by the customer with the transporter directly in his own name. When defects have been proven, the firm of SunWare Solartechnik GmbH & Co KG may at its own discretion eliminate the defect free of charge or provide a replacement free of charge against the return of the goods which are the subject of the complaint or credit the customer with the equivalent value. More extensive claims under guarantee shall be excluded. price deductions shall not be admissible. The firm of SunWare Solartechnik GmbH & Co KG shall not assume any liability for the suitability of the delivered goods for the purpose envisaged by the purchaser. It also refuses to compensate for any damage which is claimed to have arisen in connection with the processing of delivered goods. If the firm of SunWare Solartechnik GmbH & Co KG unjustifiably refuses or defaults in the elimination of the defect or the supply of a replacement, the customer may set a reasonable extension of time and after the fruitless expiration of this period he may demand exclusively the annulment of the sale or a reduction of purchase price.
Any further claims shall be excluded. Claims under guarantee may no longer be asserted after a period of six months from the day of the delivery. The date of the dispatch by the firm of the SunWare Solartechnik GmbH & Co KG or one of its agents shall be deemed to be the point of time of the delivery.
As a rule, the goods are dispatched C.O.D. Invoices must be paid within 30 days without deduction. A precondition for expressly agreed discounts is that all former debts have been discharged. If the period allowed for payment is exceeded, interest amounting to 3 % above the German Federal Bank’s rate for advances against securities will be charged from the expiry date to the date of payment without prejudice to the assertion of further default claims. If the customer is in default of a payment or if he has stopped payment or if there are other facts which are tantamount to a suspension of payment, the firm of SunWare Solartechnik GmbH & Co KG shall be entitled, under reserve of its other rights, to demand advance payments or the provision of securities. It may at any time withdraw entirely or in part from all contracts concluded with the customer or demand compensation on account of non-fulfilment. If the financial circumstances of the customer deteriorate or if there is a change in his legal circumstances, the firm of SunWare Solartechnik GmbH & Co KG may demand the provision of securities or - if these are refused –withdraw from the contract.
The delivered goods shall continue to be the property of the firm of SunWare Solartechnik GmbH & Co KG until the purchase price is paid in full and until all past or future goods deliveries within the business connection including all secondary claims have been paid (where payment is made by cheque or bill of exchange until the cheque or the bill of exchange has been honoured). Until then, the customer shall not be entitled to pledge the goods to a third party or to assign them as security. In so far as the customer processes or transforms them, the firm of SunWare Solartechnik GmbH & Co KG shall be deemed to be the manufacturer in the sense of 950 BGB (German Civil Code) and shall acquire ownership of the intermediary or final products. In this case, the customer shall be deemed to be the safekeeper only. He shall be entitled to realise the commodity or the product produced from it in the course of his business. He shall herewith assign as security to the firm of SunWare Solartechnik GmbH & Co KG all pertinent claims against a third party arising from reselling or other legal ground, namely to the extent that the goods have been processed. As long as the customer fulfils his payment obligations to the firm of SunWare Solartechnik GmbH & Co KG, he shall be authorised to inform the third parties, who must be named to SunWare Solartechnik GmbH & Co KG on demand, of the passage and to give instructions. The customer must inform the firm of SunWare Solartechnik GmbH & Co KG immediately of any access by a third party to the reserved delivered goods or to assigned claims. The proprietary right of the firm of SunWare Solartechnik GmbH & Co KG shall also apply with respect to the forwarder to whom the goods are handed over on leaving the premises of SunWare Solartechnik GmbH & Co KG or of the customer. The reserved goods must be handled carefully and insured against fire and water damage. In cases of damage any insurance claims arising must be assigned to the firm of SunWare Solartechnik GmbH & Co KG. If the security which exists in the form of the reservation of title exceeds by 25% the claim for which is security is to be provided, the firm of SunWare Solartechnik GmbH & Co KG shall release fully paid deliveries at its discretion. The reserved goods belonging to the firm of SunWare Solartechnik GmbH & Co KG must be stored and marked separately by the customer.
Place of performance for the customer’s payment obligation and the delivery obligation of the firm of SunWare Solartechnik GmbH & Co KG is Duisburg. Jurisdiction for enforcement proceedings is Duisburg. The law of the Federal Republic of Germany shall apply exclusively to all legal relations between the customer and the firm of SunWare Solartechnik GmbH & Co KG to the exclusion of the standard laws on the conclusion of international purchase contracts on movables.
The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr/. We are not participating in a dispute settlement procedure before a consumer sacking agency.