General Terms & Conditions Sun Master Energiesysteme GmbH

1. General

Unless otherwise agreed or determined and confirmed by us in writing, the terms of sale and supply listed below apply to all orders executed by Sun Master Energiesysteme. By placing an order, the customer expressly declares himself in agreement with these. We do not acknowledge any purchasing or other contract terms of the customer.

2. Quotation and conclusion of contract

Our prices as per the applicable price lists and our quotations and estimates are not binding. The contract will only come into being on receipt of a Sun Master order confirmation. Subject to changes to products as a result of technical developments. All technical documentation remains our intellectual property. Contracts and any amendments thereto must be made in writing.

3. Prices

All prices are net ex works, excluding transport containers (e.g. pallets) and exclusive of VAT. They are based on the current costs for materials, energy and wages. If the period between order placement and execution is greater than two months, or if there is a framework contract for ongoing supplies and prices change during this period, we shall be entitled to increase prices accordingly at the time of delivery. Any additional costs arising because materials supplied by the customer were not of a suitable condition will be invoiced separately. The customer will be notified that additional costs will arise prior to the goods being processed. In the event of proven substantial increases in the price of raw materials, Sun Master reserves the right to charge supplements temporarily.

4. Lead times and dates

Unless explicitly agreed as a fixed date, lead times are never binding. In the event of an agreed change to the contract, we shall be entitled to redefine the delivery date. No claim of any type, especially claims for compensation, will be accepted. In the event of a delay in execution caused by the customer, the latter must bear any additional costs incurred by the delay.

5. Payments

Unless otherwise agreed, all payments are payable to one of the accounts shown on the invoice, free of charges and without deduction. In the event of late payment, we reserve the right to charge late-payment interest of 10% p.a. In the event of default, the customer is obliged to pay the reminder charges and the costs for any intervention by lawyers. In principle the customer is not permitted to offset counter-claims or withhold payments unless we have expressly acknowledged a counter-claim or the right to withhold payment. In exceptional cases, we reserve the right only to deliver goods against advance payment or cash on delivery. In principle, Sun Master's outstanding amounts receivable from the customer must not be ceded to third parties without the consent of Sun Master. The customer must, on request, notify Sun Master of the ceded amount receivable along with its debtor and provide all the necessary information and documents required to collect the amount owed, and to notify the third-party debtor of the cession.

6. Transportation and acceptance

In principle FCA in accordance with the Incoterms 2010 is applicable. The customer must check the goods on receipt within three days and notify us in writing of any defects. In the event of a return, our original delivery note number and the reason for return must be noted on the consignment note or in the shipping papers.

7. Reservation of ownership

The supplied goods remain our property until payment in full of the purchase price.

8. Warranty (For legal issues only the German “Gewährleistung” meaning is valid)

The warranty period is seven years for collectors ten years for collectors and two years for other components, all from invoice date. The Sun Master collectors comply with the general requirements in accordance with EN12975-1. Any warranty claims shall be invalidated unless they are enforced by a court within this period. The presence of a defect must always be demonstrated by the customer and notified in writing. Minor colour deviations and/or impairments to the surface/glass which do not affect the functioning of the collector are not deemed to be defects and must be accepted by the customer. In principle, glass breakage is not covered by warranty. The quality of the glass complies with the European standards in accordance with EN752-5. We do not accept liability for damage by mechanical stress and/or changes caused by the influence of the weather. Complaints about mechanical damage to collectors must always be raised prior to installation. If the products have already been installed, the following requirements must be met for warranty claims to be enforced: Installation of the supplied collectors by a licensed specialist in accordance with our installation instructions. This must be demonstrated by documentary evidence (installation report, commissioning report). We will inspect the defect on site or photos will be sent to us to enable us to check the defect. With drinking water collectors, it must be demonstrated within the warranty period that the additional protection system (external current anode or magnesium anode) has worked. The licensed specialist must perform an inspection every one to two years depending on the water flow rate and quality. The invoice to the private customer is deemed to be proof. The warranty will be handled, at our discretion, by repairing the product, replacing defective parts, exchanging the product or reducing the price. We only bear the collector material costs.

9. Compensation and liability

We accept no liability for harm of any type – except personal injury – including harm arising from fulfilment or non-fulfilment of the contract, omissions and defects unless such harm is due to our gross negligence or intent. No claims for compensation over and above this will be accepted. Product liability claims remain unaffected.

10. Place of performance and jurisdiction

The place of performance for delivery and payment is the domicile of our company. The contracting parties agree that any legal disputes shall be subject to the jurisdiction of the competent court in Wels. Austrian law shall be the applicable law and the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.