Terms of service

Sunny Day Energy

GENERAL TERMS
Sunny Day Energy S.R.L. supplies exclusively to corporate/commercial customers. Legal entities are not supplied. Vis-à-vis corporate customers, the version of our General Terms and Conditions (GTC) current at the time of the conclusion of the contract shall apply, which can be accessed on our homepage (www.sunnydayenergy.de). The customer's terms and conditions or amendments or supplements to our GTC require our express consent—in writing vis-à-vis corporate customers—to be valid. Our GTC shall also apply to future transactions with the customer, even if this is not expressly agreed.

PRICES / PAYMENT

Our offers are subject to change and non-binding.
Commitments, assurances, and guarantees on our part or agreements deviating from these GTC in connection with the conclusion of the contract shall only become binding vis-à-vis corporate customers upon our written confirmation.
All product prices are understood to be net prices excluding VAT and are stated in Euros.
The costs of shipping shall be borne by the customer, unless something to the contrary is expressly stated in the contract.
Any modification of the order by the supplier must be accepted in writing by Sunny Day Energy. Every order accepted by the supplier, together with the Sunny Day Energy GTC, becomes a legally binding contract.
From a net goods value of 500 Euros, we generally only deliver against advance payment (payment before delivery), unless something else has been expressly agreed in writing.
The entitlement to a discount deduction requires an express agreement.

TRANSPORT / DELIVERY

Deadlines and dates shall be postponed in the event of force majeure, strikes, unpredictable delays by our suppliers for which we are not responsible, or other comparable events beyond our sphere of influence, for the duration of the respective event.
Unless clearly stated otherwise in the product description, all offered products are ready for immediate dispatch (delivery time: 5-30 days after receipt of payment).
For all types of shipment, the risk passes to the customer upon delivery to the customer or to the collector/freight forwarder.
We are entitled to make partial deliveries to a reasonable extent.
The customer/collector is solely responsible for securing the load of collected goods.
Upon collection, the delivered goods must be checked by the customer/collector for quantity as well as equipment/accessories at the time of acceptance. Subsequent complaints will not be recognized.

WARRANTY

The warranty is governed by the statutory provisions.
Vis-à-vis entrepreneurs, the warranty period for delivered items is 12 months.
As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the freight forwarder of any complaints as soon as possible. Failure to do so will, of course, have no effect on your statutory warranty claims.
If the customer's claims of defects are unjustified, the customer is obliged to reimburse us for expenses incurred for determining the absence of defects or for troubleshooting.
The corporate customer must always prove that the defect was already present at the time of handover.
To remedy defects, the customer must make the system or equipment accessible to us without culpable delay and give us the opportunity to conduct an assessment by ourselves or by experts appointed by us.
Defects in the delivered item that the corporate customer has discovered or should have discovered by inspection in the ordinary course of business after delivery must be reported to us in writing immediately, at the latest within three days after handover. Hidden defects must also be reported within this reasonable period from discovery.
Any use or processing of the defective subject of performance, through which further damage threatens or a determination of the cause is made more difficult or prevented, must be stopped by the customer immediately, unless this is unreasonable.
If a notice of defects is not raised in due time, the goods shall be deemed approved.

If claims of defects by the customer are unjustified, he is obliged to reimburse us for expenses incurred for determining the absence of defects or troubleshooting.
Any use or processing of the defective delivery item, through which further damage threatens or a remediation of the cause is made more difficult or prevented, must be stopped by the customer immediately, unless this is unreasonable.

 
LIABILITY

Liability for personal injury or property damage to privately used items under the Product Liability Act.
Any liability of Sunny Day Energy for damage that did not occur to the delivered item itself is excluded, unless one of the following cases applies:

intentional breach of duty
grossly negligent breach of duty by the legal representatives and vicarious agents of Sunny Day Energy
culpable injury to life, body, or health
fraudulent concealment of defects or guarantee for their absence
culpable breach of essential contractual obligations. In this case, liability for gross negligence of non-managerial employees of Sunny Day Energy and for slight negligence is limited to the contract-typical, reasonably foreseeable damage.
Our liability is excluded for damages resulting from improper handling or storage, overstraining, failure to follow operating and installation instructions, faulty assembly, commissioning, maintenance, servicing by the customer or third parties not authorized by us, or natural wear and tear, provided that this event was causal for the damage. Likewise, liability is excluded for the omission of necessary maintenance, unless we have contractually assumed the duty to maintain.

RETENTION OF TITLE

The goods delivered, assembled, or otherwise handed over by us remain our property until full payment has been made.
Resale is only permitted if we have been notified of this in good time beforehand, stating the name and address of the buyer, and we agree to the sale.
Until the full payment of the consideration or purchase price, the client must note this assignment in his books and on his invoices and point this out to his debtors. Upon request, he must provide the contractor with all documents and information required to assert the assigned claims and entitlements.

RETURN OF GOODS

Goods will only be taken back by agreement.
Only goods in new, perfect condition will be accepted; in particular, damaged products or those with signs of processing, storage, or use will not be accepted.
Upon return, the delivery note and/or invoice for the goods must be enclosed. Only then can a credit note for the return of goods be issued.
The place of return and return conditions will be specified in writing depending on the agreement.
Any claims of the customer due to material or legal defects remain unaffected by the strictly foregoing provisions on the return of goods (Section 9).

CONFIDENTIAL INFORMATION

The contracting party will treat all information received or to which he has access in connection with the contract from or on behalf of Sunny Day Energy as confidential and will only pass it on to such persons for whom Sunny Day Energy has previously given written consent. The contracting party will use this information only if it is necessary to fulfill its obligations under the contract. Upon termination of the contract, the contracting party will either return or destroy this information at the choice of Sunny Day Energy. The contracting party will not disclose or publish any information regarding the contract to other natural or legal persons, including but not limited to the press or an official body, without the prior written consent of Sunny Day Energy, unless this is required by law (and then—to the extent permitted by law—after prior written notification to Sunny Day Energy).
All drawings, documents, specifications, models, and other materials specially created by the contracting parties in connection with the products or services shall become the property of Sunny Day Energy and will be handed over as part of the contractual consideration either upon completion, termination/discontinuation of the services, or delivery of the products required in the contract after termination of the contract. The contracting parties hereby transfer to Sunny Day Energy all rights they have in all such drawings, models, specifications, documents, and materials.

FINAL PROVISIONS

Should individual parts of these GTC be invalid, the validity of the remaining parts shall not be affected thereby.
Unless otherwise agreed in writing by the parties, the contract is subject to German law. All disputes arising out of or in connection with the contract shall be subject to the exclusive jurisdiction of the German courts. The provisions of the United Nations Convention on Contracts for the International Sale of Goods as well as conflict-of-law rules that would require the application of a different choice of law are excluded. Should disputes arise between BMI and the supplier in connection with the contract, the parties will immediately attempt in good faith to settle these within 4 calendar weeks through negotiations. If the parties cannot negotiate a satisfactory solution, the parties agree that the competent courts in the jurisdiction where the customer has its registered office shall have exclusive jurisdiction.
The customer must immediately notify us in writing of changes to his name, the company, his address, his legal form, or other relevant information.
Supplements and amendments to the contractual agreements made, including these GTC, require the written form to be effective, unless a more extensive form is required by law. Transmission of the original by fax or digital copy (email) as well as exchange of letters preserves the form, § 127 para. 2 BGB (German Civil Code).

As of April 20, 2024