SunwayTech General Terms of Sale.
These general terms and conditions of sale apply to all offers, quotations, deliveries and agreements between Beer en Doorn B.V., trading as SunwayTech (KvK: 96074116, VAT: NL867458641B01), located in Zevenhuizen and Amersfoort, hereinafter referred to as: “Supplier”, and its business customers.
1.1 These terms and conditions apply to all agreements between the Supplier and buyers, unless otherwise agreed in writing.
1.2 General terms and conditions of the buyer are expressly rejected, unless accepted in writing by the Supplier.
1.3 If any provision of these terms and conditions is null and void or annulled, the other provisions shall remain in full force and effect.
2.1 All Supplier’s quotations and offers are without obligation, unless expressly stated otherwise.
2.2 An agreement shall be concluded upon written confirmation of the order by the Supplier or as soon as the Supplier commences performance thereof.
2.3 Price quotations may be subject to typographical or technical errors.
3.1 All prices are exclusive of VAT and transport costs, unless explicitly stated otherwise.
3.2 Payment shall be made prior to delivery, unless credit has been agreed in writing.
3.3 If a customer has received credit, a payment term of 30 days applies. If the customer exceeds this term twice, the credit granted shall lapse permanently.
3.4 For orders above €100,000, different payment arrangements may be agreed.
3.5 In the event of non-payment, the Supplier reserves the right to take collection measures and pass on costs.
3.6 The Customer shall not be entitled to suspend or set off payments.
4.1 Delivery shall be made in accordance with the agreed Incoterms (standard: DAP within the EU), unless agreed otherwise in writing.
4.2 The Supplier shall take care of transport, unless agreed otherwise in writing.
4.3 Delivery times are indicative and not final. Exceeding the delivery time shall not entitle the customer to compensation or dissolution.
4.4 The risk of loss or damage shall pass to the customer upon delivery.
5.1 All goods delivered remain the Supplier’s property until full payment has been received.
5.2 The Customer is obliged to handle the goods delivered with care as long as they are the Supplier’s property.
5.3 The Customer is not entitled to sell, pledge or in any other way encumber goods subject to retention of title.
6.1 Supplier provides manufacturer’s warranty on the products, with handling through the service team in Zevenhuizen.
6.2 Warranty conditions depend on the type of product and are provided per product.
6.3 Warranty lapses in case of improper use or installation contrary to specifications.
6.4 Supplier guarantees that the products comply with CE marking and other applicable European regulations.
7.1 The Customer may return products within 14 days if they are unused and the original packaging is intact.
7.2 The packaging may be opened, but may not be damaged.
7.3 Return costs shall be borne by the Customer, unless otherwise agreed in writing. Returns may also be made on location.
7.4 The Customer must ensure correct packaging when returning goods to prevent transport damage.
8.1 From the moment of delivery, the Buyer is fully liable for the use, transport and installation of the products.
8.2 The Supplier is not liable for indirect damage such as consequential damage, loss of profit or business interruption.
8.3 Any liability of the Supplier is limited to the invoice amount of the delivered products.
8.4 The Buyer indemnifies the Supplier against claims by third parties in connection with goods delivered by the Supplier.
8.5 The Supplier is not responsible for damage caused by installation or use of products by third parties.
9.1 All intellectual property rights to products, designs, documentation or manuals supplied by the Supplier shall remain vested in the Supplier or its suppliers.
9.2 The Customer is not permitted to reproduce or disclose any material without the Supplier’s written permission.
10.1 In the event of force majeure, the Supplier shall be entitled to suspend or dissolve the performance of the agreement without being liable for any compensation.
10.2 Force majeure shall include war, pandemics, natural disasters, transport problems, government measures, strikes and delayed delivery by suppliers.
11.1 Buyer agrees to comply with all applicable export laws and regulations.
11.2 Goods may not be resold or exported to countries subject to trade prohibitions without Supplier’s written consent.
12.1 Both parties are obliged to maintain strict confidentiality of all confidential information they obtain in the context of the cooperation.
12.2 This obligation remains in force even after termination of the agreement.
13.1 The Supplier has the right to terminate an agreement with immediate effect in the event of breach of contract, bankruptcy, suspension of payments or force majeure.
13.2 In the event of termination, outstanding obligations must be properly handled.
13.3 The Customer has no right to compensation in the event of termination by the Supplier in accordance with these terms and conditions.
14.1 All agreements between the Supplier and the Buyer shall be governed exclusively by Dutch law.
14.2 Disputes shall be submitted exclusively to the competent court in the district where the Supplier is located.
14.3 The application of the Vienna Sales Convention (CISG) is expressly excluded.
Contact information:
Bear and Thorn B.V.
Trading as SunwayTech
✉ info@beerendoorn.nl
🌐 www.sunwaytech.nl
📍 Zevenhuizen / Amersfoort