General Terms and Conditions of Sale Suntrans New Energy
Article 1 – General Provisions
1.1 These general terms and conditions of sale apply to all agreements between the seller Suntrans New Energy BV and the buyer, unless explicitly agreed otherwise in a written agreement.
1.2 By accepting the quote, the buyer automatically agrees to these general terms and conditions of sale mentioned therein. Acceptance can be proven by a signed quote, or by confirmation via email, WhatsApp, etc.
1.3 The price quoted by Suntrans not only includes the price of the goods, parts, or services but also costs such as administration and packaging costs, and if applicable, is to be increased by VAT or other levies due.
Article 2 – Payments
2.1 When placing an order, the buyer is obliged to pay a deposit of 30% of the total order amount within 10 days, unless agreed otherwise. The production of the ordered goods will only start after this deposit has been paid.
2.2 If the deposit is not paid on time, Suntrans New Energy has the right to dissolve the agreement extrajudicially within 14 days to the detriment of the buyer and to notify him accordingly. By law, a compensation of 10% of the deposit amount is due, with a minimum of €250.00.
2.3 The remaining 70% of the invoice amount is to be paid within 14 days after the invitation to do so by Suntrans New Energy and in any case before the delivery of the ordered goods.
2.4 In case of late payment, by law and without further notice of default, a compensation of 10% (minimum: €500.00), as well as an interest of 10% (minimum: €500.00) applies to the amount due, unless the Law on Payment Arrears in Commercial Transactions of 02.08.2002 would entitle a higher interest, in which case it applies.
2.5 Should raw material prices or any other prices that impact the ordered goods increase by 10% or more, Suntrans New Energy has the right to pass these increases on to the customer. Suntrans New Energy may prove this price increase and its impact on the price of the final product by all legal means. This provision also applies to government levies unforeseen at the time of ordering.
2.6 The ownership of the goods transfers only at the moment of delivery and on the condition that the price has been fully paid.
Article 3 – Delivery
3.1 Suntrans New Energy informs the buyer in good faith and as promptly as possible about the applicable delivery times. The delivery times stated are endeavored in good faith but are in principle indicative. Usually, it is 6 to 8 weeks. They only start after the receipt of the requested deposit upon delivery and are extended accordingly due to payment delay. Suntrans New Energy reserves the right to prove reasons for delivery delay occurring between the order and payment.
3.2 The seller cannot be held responsible for delays due to force majeure during shipment, including but not limited to: extreme weather conditions, strikes, natural disasters, war or unrest, pandemics, customs checks, unforeseen problems with (external) suppliers, etc.
3.3 In case of a delay in delivery attributable to Suntrans New Energy, after a notice to cure, it owes a lump sum compensation of 10% of the outstanding balance, as well as an interest of 10% per year delay from the notice to cure.
3.4 Once the goods have left the manufacturer, cancellation of the order is no longer possible.
3.5 Any invoice protests or comments on the delivery must reach Suntrans no later than 14 days after.
Article 4 – Return Policy
4.1 The buyer has the right to submit a request for return within 2 weeks after receiving the goods. After this period, the right to return expires. A lump sum compensation of 15% of the value of the order then applies. This option only applies to stock goods and not to goods specially made to the customer’s specifications.
4.2 The costs of returning the goods are borne by the buyer, unless explicitly agreed otherwise.
Article 5 – Quality Standards
5.1 Manufacturing according to approved samples or technical drawings.
Article 6 – Shipping Information
6.1 Goods shipped from Xiamen Port, China to Rotterdam Port, Netherlands by sea. Both transit and part shipments are allowed.
Article 7 – Validity of the Purchase Agreement
7.1 Effective from the date of full signature by all parties involved or by confirmation via email.
Article 8 – Tolerance Clause
8.1 A variation of +/- 5% weight is acceptable.
Article 9 – Final Provisions
9.1 Amendments to these general terms and conditions of sale are only effective after written confirmation by the seller. The amendment can be proven by a signed quote, or by confirmation via email, WhatsApp, etc.
9.2 In case of dispute, the Belgian courts are competent and Belgian law applies. Mol is designated as the place of performance for the execution of commitments. For disputes outside of Belgium, reference is made to the Mainland-Hong Kong Joint Mediation Center or The Hong Kong International Arbitration Centre.