1. General information
Company data
Company name: SunBeam369 s.r.o.
Headquarters and mailing address: 945 01 Komárno, Jokaihó 14., Slovakia
EU tax number: SK2122169115
1.1 The following general terms and conditions of our company, SunBeam369 s.r.o. and our business partners, and applies to all business relationships established within them, and to all deliveries, work/performance and offers.
1.2 SunBeam369 s.r.o. all your deliveries, work and offers are carried out exclusively on the basis of these General Terms and Conditions. These terms and conditions of SunBeam369 s.r.o. with the company’s contractual partners (whom we refer to hereafter as “Customers”) SunBeam369 s.r.o. are part of all contracts for deliveries and works offered by Regarding these, we conclude an agreement with the Customer when the first assignment/order is issued, and they will be valid for all assignments and orders in the future, even if there is no explicit reference to their validity once again.
1.3 The General Terms and Conditions have exclusive validity; Potentially different terms and conditions of the buyer are excluded if they are valid in writing by SunBeam369 s.r.o. does not expressly confirm in writing. This is also valid in the event that the delivery is carried out without reservation, given the possible different conditions of the Buyer.
2. Offer, price offer, subject of the contract
2.1 All oral and written offers are always created as non-binding and non-binding offers, if they are not explicitly marked as binding or contain a certain deadline for acceptance. A signed quote sent back to us is considered the first offer to conclude a contract.
2.2 Orders and commissions only become legally binding if they are accepted with a written order confirmation within a suitable deadline, or if they are carried out in accordance with the agreement with the Buyer’s consent (=Conclusion of the Contract).
2.3 Regarding the nature, scope and time of deliveries or works/performances – including these General Terms and Conditions – the written order confirmation is authoritative. The order confirmation is sent to SunBeam369 s.r.o. and its customer in relation to the subject of the contract, includes and describes in its entirety all agreements. SunBeam369 s.r.o. verbal promises made before entering into a contract are not legally binding, and verbal agreements are replaced by the order confirmation, if they do not expressly state that they continue to exist with binding force.
2.4 The validity of additions or amendments to the concluded agreements, including these General Terms and Conditions, requires a written form. In order to preserve the written form, it is sufficient to send by fax or e-mail, if the sending is done with a read confirmation.
2.5 SunBeam369 s.r.o. information provided by SunBeam369 s.r.o. regarding the date of delivery or the subject of performance/work (e.g. dimensions, tolerances, technical data), as well as those provided by SunBeam369 s.r.o. its representation and description (e.g. drawings, pictures, figures) are only approximately authoritative, if their use for the purpose specified in the contract does not presuppose an exact agreement. These are not guaranteed quality characteristics, but descriptions or markings of delivery or work/performance. Deviations that are customary in the trade – based on legal regulations or representing technical/technical repairs – as well as the replacement or replacement of individual structural elements with equivalent parts are permitted, as long as they do not affect or impair the usability for the purpose specified in the contract.
2.6 Guaranteed features or guarantees regarding durability or quality must be recorded separately in writing.
3. Prices
3.1 If nothing else is stated in the order confirmation, the prices are in Euros and include delivery from the site or warehouse (with so-called factory parity), plus packaging, freight, customs fees, insurance, installation, additional costs and sales tax valid on the day of delivery; which items are shown separately on the invoice.
3.2 SunBeam369 s.r.o. is entitled to charge a surcharge of EUR 15.00 as a flat rate for additional expenses up to a net order value of EUR 500.00.
3.3 SunBeam369 s.r.o. is entitled to charge a surcharge of EUR 5.00 as a flat-rate handling and picking fee for orders up to a net value of EUR 100.00. A surcharge of EUR 15.00 is charged for orders over EUR 100.00. In the case of “direct deliveries”, no surcharge shall be charged.
3.4 If the agreed prices of SunBeam369 s.r.o. are based on list prices and delivery takes place only after two (2) months after the conclusion of the contract, then at the time of delivery
3.5 Force majeure and other, SunBeam369 s.r.o. events beyond its control (e.g. exchange rate changes, war, epidemics), such as price changes at the supplier, entitle SunBeam369 s.r.o. to subsequently adjust the already established prices.
4. Payment terms
4.1 If no other written agreement is recorded, payment in advance is valid.
4.2 We do not consider bills of exchange and checks as payment, but can only be credited upon receipt. We accept bills of exchange, checks and securities with all rights reserved, and we do not guarantee timely presentation. Discounting and ancillary costs are charged to the business partner.
4.3 Despite the opposite definition of the performance/work by the Buyer, the payments will be calculated first for the previous debts, and first for the costs, interest, and finally for the main claim.
4.4 Settlement of the Buyer’s counterclaims or withholding of payment due to such claims or demands is only permitted if the Buyer’s counterclaim has been legally established and is not disputed.
4.5 With regard to timely payment, the date of receipt at SunBeam369 s.r.o. is authoritative. In the event of late payment by the customer – without prejudice to further claims – we charge late payment interest at the rate of 8%; in case of delay, this does not affect the enforcement of additional damages.
4.6 SunBeam369 s.r.o. is entitled to complete or carry out the remaining deliveries or services/works only in case of advance payment or provision of security, if circumstances become known to him after the conclusion of the contract that are capable of significantly reducing the Customer’s creditworthiness, and which SunBeam369 s.r.o. the payment of its open claims arising from any contractual legal relationship (including those claims arising from other individual assignments for which the same framework contract is valid) is at risk.
5. Delivery, delivery time
5.1 Delivery takes place at the factory rate.
5.2 The specified delivery times may change, unless a specific time has been agreed upon. The delivery dates are at the earliest when the order is sent to SunBeam369 s.r.o. they start on the day of confirmation by, but not before final clarification of all technical delivery details and financial requirements.
5.3 If the delivery time fixed in writing is significantly exceeded, the Buyer must first set an appropriate additional deadline to SunBeam369 s.r.o. for him. If the delivery does not take place by the end of the additional period, the Buyer – in addition to the exclusion of other rights – is entitled to withdraw from the contract with a written statement.
5.4 If only a part of the delivery is affected, the right of withdrawal applies to this part, unless the delivered delivery is no longer of interest to the Buyer. If SunBeam369 s.r.o. is delayed due to his own fault, the Buyer is only entitled to a claim for compensation if the delay is based on intent or gross negligence.
5.5 If the delay in delivery or fulfillment occurs due to force majeure or events that make delivery significantly more difficult or impossible (such as subsequent material procurement difficulties, breakdowns, strikes, exclusion of workers, staff shortages , lack of means of transport, official regulations, etc.), even if they apply to the supplier or its sub-suppliers (subcontractors), SunBeam369 s.r.o. can postpone the delivery or the performance/work by a reasonable starting period calculated from the duration of the obstruction, or can completely or partially withdraw from the contract due to the part that has not yet been performed.
5.6 If the obstruction persists for more than three (3) months, the Buyer – after setting the appropriate deadline – is entitled to withdraw from the contract with regard to the part that has not yet been fulfilled, and – in addition to the exclusion of other rights – is entitled to request repayment of any advances paid.
5.7 In the case of partial delivery, the Buyer may withdraw from the entire contract only if the performance of the remaining part of the contract does not mean an objective benefit to him.
5.8 If the Buyer does not take over the goods/products in part or in whole within ten days from the confirmed delivery deadline, or in the case of delivery on demand – including partial quantities – does not collect it within ten days from the confirmed date of availability, SunBeam369 s.r.o. is entitled to add the Customer’s order to the next available quantity as it wishes, i.e. after setting a suitable deadline and its unsuccessful expiration, it can dispose of the subject of the delivery and complete the delivery for the Customer with a suitable, extended deadline, or store the products, and for each week that the order/ you can request a storage fee of 0.5% of the value of the order, or you can cancel (cancel) the order/order in whole or in part after setting a suitable deadline and its unsuccessful expiration, and a cancellation fee of 10% of the value of the canceled order/order you can request payment of a fee. Validation and verification of additional storage costs still exist.
5.9 Products that are not kept in stock or extraordinary (individual) orders can only be returned after consultation with the supplier of the product and the supplier’s approval, basically only for the sake of fairness by accounting for the handling fee charged by the supplier (at least 25%) plus shipping costs.
5.10 SunBeam369 s.r.o. starting from the second postponement of a confirmed delivery date attributable to the Buyer, is entitled to enforce a handling fee of EUR 50.00 against the Buyer at all times. If the postponement of a delivery date due to the Customer’s fault leads to a postponement of at least 28 calendar days, SunBeam369 s.r.o. is entitled to 5.8. use one of the options specified in point.
6. Place of performance, dispatch/delivery, packaging, transfer of risk/danger, acceptance
6.1 Unless otherwise specified, the place of performance for all obligations arising from the contractual relationship is Komárno. If the assembly and installation are also SunBeam369 s.r.o. task, the place of performance is the place where assembly and installation must be carried out.
6.2 Type of dispatch/delivery and packaging SunBeam369 s.r.o. falls within the scope of consideration according to obligation.
6.3 The risk is transferred at the latest when the subject of the shipment is handed over to the forwarder, carrier, or other third party entrusted with the dispatch or delivery (in which the date of the beginning of the loading process is decisive). This also applies in the case of partial delivery or SunBeam369 s.r.o. also undertook other works and services (e.g. delivery or assembly and installation works). If the delivery or handover is delayed due to an event caused by the Buyer’s fault, the risk is transferred to the Buyer on the day on which the goods subject to delivery were ready for delivery and SunBeam369 s.r.o. He marked it as a buyer.
6.4 The shipment was delivered by SunBeam369 s.r.o. it insures against theft, breakage, transport, fire and water damage, as well as other insurable risks and dangers only at the express request and expense of the Buyer.
6.5 If a handover must be carried out, the object of the sale is deemed to have been received if
– the delivery and – if the assembly, installation is also SunBeam369 s.r.o. task – assembly, installation completed,
– SunBeam369 s.r.o. communicated this to the Buyer – with a reference to the assumed acceptance – in accordance with this point 6.5, and called the Buyer to accept,
– twelve (12) working days have passed since the delivery or assembly or installation, or the principal/customer has started using the object of sale (e.g. put the equipment into operation) and in this case six (6) working days have passed since the delivery or assembly or installation passed and
– Buyer takes delivery within this period – a person who makes the use of the object of sale impossible or significantly impairs it, SunBeam369 s.r.o. for a reason other than the error indicated to him – he ignored it.
7. Warranty claims, limitation of liability and inspection obligation
7.1 The delivered items must be inspected by the customer or a third party named by the customer immediately upon handover, and any complaints must be immediately noted on the delivery note. Even minor damage to the packaging or the goods must be noted in writing on the delivery note as follows: “Received goods damaged”! This is the only way to determine and deal with damages in a timely and legal manner. The actual damage must then be submitted to SunBeam369 s.r.o. within four (4) days, together with appropriate photographic documentation and an accurate description. Neither the shipping company nor the transport insurance company will accept complaints that are later than 4 days. SunBeam369 s.r.o. upon request, the products that are the subject of delivery must be delivered free of charge v
7.2 In the event that the shortage of supplies is reported on time and on good grounds, the Customer’s claim is limited to the repair, during which SunBeam369 s.r.o. according to your choice, you can deliver a faultless, complete product as a replacement, or you can correct the error or deficiency at the place of installation or at the delivery plant. If, as a reported error, the subsequent performance fails twice, the business partner may reduce or withdraw from the contract.
7.3 If 7.1. if the defect is not reported within the four-day deadline, claims for compensation due to the defect will also become time-barred. In addition, the buyer loses the right to be mistaken about the faultlessness of the faultless product.
7.4 These warranty claims do not apply if, on the delivered products, the Customer or third party SunBeam369 s.r.o. carry out repairs, modifications or restoration work without its express approval, the subsequent repair work is made difficult by the Customer or a third party, commissioning SunBeam369 s.r.o. it happens despite your instructions, or if the error or deficiency can be traced back to incorrect, irregular or careless handling, or to natural wear and tear. In all cases, the Buyer shall bear the additional costs incurred due to modifications and changes to eliminate defects and deficiencies. In the event that the object of delivery is not located in Europe, SunBeam369 s.r.o. does not bear or reimburse any shipping costs.
7.5 SunBeam369 s.r.o. for branded products, the warranty/warranty period is twenty-four (24) from the date of delivery, or – if handover is required, from the date of handover – twelve (12) months for all other products.
7.6 In individual cases, the delivery of used objects and products based on the agreement concluded with the Buyer is carried out with the exclusion of any kind of guarantee regarding the lack of supplies.
8. Liability for damages due to errors
8.1 SunBeam369 s.r.o. its liability for damages based on any legal basis – especially arising from impossibility, delay, faulty, incomplete or incorrect delivery, breach of contract, breach of obligations during contractual negotiations and unauthorized actions – if it is a fault, is limited according to the provisions of this clause 8, and Damages resulting from a fault according to point 7.3 are also limited.
8.2 SunBeam369 s.r.o. is liable only in the event of intent and gross negligence on the part of its bodies, legal representatives, employees or other collaborators assisting in performance.
8.3 If SunBeam369 s.r.o. is liable for damages on the basis of clause 8.2, the liability is limited to the damages caused by SunBeam369 s.r.o. considered as a possible consequence of the breach of contract at the time of the conclusion of the contract, or which SunBeam369 s.r.o. should have taken into account in the case of applying usual care expected in business life.
In addition, indirect damages and consequential damages arising as a result of defects and deficiencies in the products that are the subject of delivery can only be compensated to the extent that such damages can typically be expected with the intended use of the delivered product.
8.4 The above disclaimers and limitations apply to SunBeam369 s.r.o. they are valid to the same extent for the benefit of its bodies, legal representatives, employees or other staff assisting in performance.
8.5 If SunBeam369 s.r.o. provides technical, technical information or engages in consulting activities, and all of this information and consulting is not part of the contractual tasks to be performed by it, it is provided free of charge and with the exclusion of any kind of liability.
8.6 8.6 The limitations contained in this clause 8 do not apply to the liability of SunBeam369 s.r.o. in the event of damage to the guaranteed properties, life, body or health, or based on the product liability law.
9. Retention of Title
9.1 Until all claims arising from the business relationship with the Customer are fulfilled, all delivered products are subject to retention of title (product subject to retention of title). The product, as well as the product subject to retention of title that replaces it according to this clause, will be referred to as the product subject to retention of title.
9.2 The customer retains the product subject to retention of title free of charge to SunBeam369 s.r.o. for him. You undertake to store the product subject to the retention of title separately and to inform you of the location upon request.
9.3 The buyer may sell the product subject to the retention of title in regular business/commercial circulation (see points 9.4 and 9.5) and process it, as long as it is not in arrears or during bankruptcy proceedings, or no application for the initiation of bankruptcy proceedings against its assets has been submitted. Pledge or security transfer of ownership.
9.4 If the Buyer processes a product subject to the retention of title, it is recorded in the agreement that the processing is carried out in the name and on behalf of SunBeam369 s.r.o., as the manufacturer, and the Buyer directly acquires the ownership of the newly produced product, or – if the processing is carried out from the materials of several owners, or the processed product value is higher than that of the product subject to the retention of ownership rights – the newly produced product acquires joint ownership (fractional/partial ownership) in proportion to the value of the product subject to the retention of ownership rights. In the event that such acquisition of ownership does not take place on the part of the Buyer, the Buyer transfers his future ownership of the newly manufactured product or – his share of ownership in the aforementioned ratio – to SunBeam369 s.r.o. as security. In the event that the product subject to retention of title is connected with other products to form a complete unit, or is inseparably mixed and the other product must be considered the main object, the Buyer – if the main object is his, his share of ownership of the unified object is Transfers it to SunBeam369 s.r.o. in the proportion fixed in sentence 1.
9.5 Resale is only permitted if SunBeam369 s.r.o. was notified in time, specifying the customer’s name or company and exact (business) address. The Buyer transfers its claims against the buyer/acquiring party arising from resale or other legal grounds to SunBeam369 s.r.o. as security. We are authorized to notify the Debtor of this assignment at any time. The same applies to other claims that replace the product subject to the retention of title or that arise in relation to the product subject to the retention of title, such as for insurance claims, or in the event of loss or destruction/destruction, for claims arising due to unauthorized acts. The buyer receives a revocable authorization to recover and collect the receivables in his own name. SunBeam369 s.r.o. you can only revoke this collection/recovery authorization in the event of a sale.
9.6 In the event of access to a product subject to third-party retention of title, especially by pledging, the Customer is obliged to draw the attention of SunBeam369 s.r.o. ownership and must immediately notify SunBeam369 s.r.o. If the third party is unable to reimburse SunBeam369 s.r.o. for the out-of-court and judicial costs incurred in connection with this. for them, the Buyer is responsible for them.
9.7 SunBeam369 s.r.o. approves the products subject to the retention of title, as well as the objects or claims that replace them, upon request, according to its choice, if the value exceeds the value of the secured claim by more than 50%.
9.8 In the event of the Buyer’s breach of contract behavior – especially late payment – the company may take back the products subject to the retention of title at the Buyer’s expense, or, where appropriate, request the transfer of the Buyer’s claims or claims against a third party. The return, as well as the pledging of the product subject to retention of title by the company, does not include withdrawal from the contract.
10. Conditions for returning the product/products
10.1 The return of products is an exceptional case, which SunBeam369 s.r.o. a voluntary favor on his part. We only take back products that
which SunBeam369 s.r.o. delivered and invoiced and
in their original packaging, and they are in perfect and resalable condition, as well
regarding the return of which SunBeam369 s.r.o. provided written consent.
10.2 Refunds are excluded if
the net value of the product/products does not reach the amount of EUR 100 or/and
the product(s) was not purchased by the Customer directly from SunBeam369 s.r.o. or/and
the delivery time of the product/products was three (3) months earlier or earlier and/or
non-salable products (e.g. parts or products not included in the official product list of SunBeam369 s.r.o., made to measure or expressly for the Customer, which have undergone technical modifications in the meantime) and/or
the given product has been clearly marked as non-returnable.
The return is also excluded in the event that the processing described in point 10.3 of these General Terms and Conditions process is not followed.
10.3 If a Customer wishes to return a product, SunBeam369 s.r.o. must first provide the article number, the ordered quantity, the delivery note and the invoice number. You must inquire in writing about the possibilities of returning the product to the department that handles orders. SunBeam369 s.r.o. after that, you will examine the possibilities of return and then give your consent to the return of the product in writing, or upon the return of the product
The non-wage-exempt, or SunBeam369 s.r.o. we will not accept products sent without your prior consent and will return them to you at the cost and risk of the Buyer. The same also applies in the event that the necessary information required in points 10.1 and 10.2 is found to be incorrect, incorrect and/or incomplete after the product has been received by SunBeam369 s.r.o.
10.4 SunBeam369 s.r.o. all returns are recorded in a credit note. During this process, returned products will be reimbursed after deducting a handling fee of 25% from the product’s net value. The credit will be settled in the next invoice issued to the Customer. In principle, the credited amount will not be paid out.
10.5 Only complaints relating to current (objective) credits and the previous month can be accepted.
10.6 The cancellation of legally binding orders and orders is exclusively the responsibility of SunBeam369 s.r.o. is done out of courtesy and only SunBeam369 s.r.o. permitted with prior consent. In case of cancellation, a cancellation fee will be charged as follows:
4 weeks before the delivery date in an amount equal to the amount of the reservation,
from the 4th week in an amount equal to 20% of the value of the goods,
2 weeks before the delivery date in an amount equal to 30% of the value of the goods,
in the case of returning the delivered goods, 50% of the value of the goods.
In the case of individual orders (customized production, goods not included in the permanent offer), where Energy3000 orders the products specifically for you, the possibility of cancellation is excluded.
Force majeure
11.1. Force majeure and other, SunBeam369 s.r.o. events beyond its control, so in particular SunBeam369 s.r.o. late delivery of one of its suppliers, as well as strikes, lockouts, border closures and other circumstances that SunBeam369 s.r.o. make delivery significantly difficult or impossible for him, entitle SunBeam369 s.r.o. to cancel the still open delivery obligations or extend the delivery deadline by the duration of the obstacle.
11. Final Provisions
11.1 The place of payment and performance is Komárno, and the competent court – if legally permitted – is the Eisentsadt Bíróság.
11.2 The law of the Slovak Republic applies.
11.3 If these terms and conditions or one or more provisions of a provision are invalid or become invalid within the framework of other agreements, this does not affect the validity or scope of the other provisions or agreements. Therefore, with regard to this effective provision, the current legal regulations apply. The same applies accordingly in case of possible regulatory gaps.