General Purchasing Terms and Conditions SunwayTech

These general purchasing conditions apply to the agreements between Beer and Doorn B.V. (trading as SunwayTech, KvK: 96074116, VAT: NL867458641B01, located in Zevenhuizen and Amersfoort) and its business customers and suppliers.

1. General

• These Terms apply to all offers, orders and agreements relating to the supply of products by or to SunwayTech.
• Deviations from these terms and conditions are valid only if agreed in writing.
• General terms and conditions of third parties are expressly rejected unless otherwise agreed in writing.

2. Formation of agreement

• An agreement is formed upon written confirmation of an order by SunwayTech.
• Quotes from suppliers are binding for a minimum duration of 30 days, unless otherwise agreed.

3. Returning

• Products may be returned within 14 calendar days of delivery.
• The product may be opened, but must be undamaged and in its original, neat packaging (case or box).
• Damaged or used products will not be accepted for return.
• Upon approval of the return, the purchase price will be refunded within 14 days.

4. Prices and payment

• All prices do not include VAT unless otherwise stated.
• Payment shall be made within 14 days of invoice date, unless otherwise agreed in writing.
• Incomplete or incorrect invoices may be returned, resulting in suspension of payment.

5. Delivery

• Delivery shall be according to the agreed Incoterms, standard ex warehouse (Ex Works).
• Delivery times are binding unless otherwise agreed in writing.
• In case of late delivery, SunwayTech reserves the right to claim damages and/or terminate the contract.

6. Inspection and quality control

• SunwayTech reserves the right to inspect or have inspected goods or manufacturing processes.
• If goods do not meet the agreed specifications, SunwayTech reserves the right to refuse the goods and recover any costs from the supplier.

7. Ownership and risk

• Ownership of goods shall pass to SunwayTech upon delivery unless otherwise agreed in writing.
• Until then, the goods are entirely at the supplier’s risk.

8. Warranty

• Supplier warrants that the products meet the agreed specifications and are suitable for the intended use.
• Any defects will be repaired or replaced at the supplier’s expense.

9. Liability

• Supplier shall be fully liable for damages resulting from the provision of defective or nonconforming goods or services.
• SunwayTech shall only be liable for direct damages and never for consequential damages, loss of profits or business interruption.
• The Supplier shall indemnify SunwayTech against third party claims related to the delivered products or services.

10. Insurance

• Supplier shall have valid liability insurance and, if applicable, CAR insurance that includes SunwayTech as a co-insured.

11. Secrecy

• Both parties are obliged to maintain strict confidentiality of all confidential information obtained in the context of the cooperation.

12. Intellectual property

• All intellectual property rights relating to designs, drawings, diagrams or other documents provided by SunwayTech shall remain vested in SunwayTech.
• Supplier guarantees that delivered goods do not infringe third party rights.

13. Termination

• SunwayTech has the right to terminate an agreement immediately in case of default, bankruptcy, suspension of payments or force majeure.
• In the event of termination, outstanding obligations should be handled properly.

14. Force majeure

• Force majeure shall mean any circumstance beyond the control of the parties as a result of which performance cannot reasonably be required.
• In the event of force majeure on the part of a party, performance shall be suspended without liability for damages.

15. Other provisions

• If any provision of these terms and conditions is found to be invalid, the remaining provisions shall remain in full force and effect.
• SunwayTech reserves the right to change these terms and conditions. The most recent version is always applicable.

16. Applicable law and disputes.

• All agreements are governed exclusively by Dutch law.
• Disputes shall be submitted exclusively to the competent court in the district in which SunwayTech is located.

Contact information
Bear and Thorn B.V.
Trading as SunwayTech
✉ info@beerendoorn.nl
🌐 www.sunwaytech.nl
📍 Zevenhuizen / Amersfoort