Terms and Conditions
1. CONTRACTUAL PARTIES
1.1 In this contract, Sun Container GmbH is referred to as the "Seller," the customer as the "Buyer," and both collectively as the "Parties."
2. GENERAL SCOPE OF APPLICATION
2.1 This contract governs the rights and obligations of the Parties regarding the sale, payment, transport, delivery, and installation of container products.
2.2 The subject of the contract is modular, configurable, and transportable living containers designed for various purposes, both indoors and outdoors.
3. CONTRACT CONFIRMATION AND PAYMENT
3.1 The contract becomes effective when the Seller's offer is confirmed in writing by the Parties, and a deposit of 60% of the purchase price is paid.
3.2 The remaining 30% of the purchase price is due before shipping, and the final 10% is to be paid prior to delivery.
3.3 In the event of the Buyer's payment default, a penalty fee of 9% will be charged without prior notice.
3.4 The daily penalty fee is calculated by dividing this percentage by 365.
4. TRANSPORT AND DELIVERY OF PRODUCTS
4.1 The products will be delivered by the Seller to the Buyer's address (DDP).
4.2 The Seller is obligated to deliver the products intact, complete, and in accordance with the specifications stated in the contract.
4.3 The Seller is liable for damages or losses incurred during transport until the products are accepted.
4.4 The Seller bears responsibility and costs for transportation and insurance until delivery.
4.5 The delivery location must be accessible for large trucks. The Buyer is required to provide a forklift or crane necessary for unloading.
4.6 If the Buyer fails to provide the required equipment and personnel for unloading in time, causing the truck to wait longer than 15 minutes, or if delivery cannot take place due to other breaches of the contract, the Seller will charge additional fees.
4.7 If the Buyer does not accept the products on time or delays for any reason, the Buyer shall bear the costs for interim storage, additional transport, etc.
4.8 The Buyer agrees to settle the Seller's additional costs within 10 business days.
5. INSTALLATION
5.1 The installation of the containers will be carried out by the Buyer. Upon the Buyer's request and subject to the availability of the Seller's assembly teams, installation can be carried out by the Seller for an additional fee.
5.2 The Buyer is responsible for obtaining official permits and ensuring compliance with local building regulations required for the installation and use of the products and accessories.
5.3 Verification of whether the installation complies with local building regulations and usage requirements lies with the Buyer.
5.4 It is the Buyer's sole responsibility to determine whether the delivered products and accessories are suitable for their intended purpose.
5.5 The Buyer is responsible for preparing a foundation that complies with local regulations. Issues arising from an unsuitable foundation are not the responsibility of the Seller.
5.6 The Buyer must comply with applicable legal provisions, environmental protection, and safety standards during the installation and use of the products.
5.7 Proper assembly and use of the containers are the responsibility of the Buyer.
5.8 The proper installation of connections such as electricity, water, and sewage during or after the installation of the containers is the responsibility of the Buyer, who must also consider potential environmental impacts.
6. TRANSFER OF OWNERSHIP
6.1 Ownership of the products is transferred to the Buyer once all payments have been made.
6.2 Prior to the transfer of ownership, the Buyer shall neither pledge nor use the products as collateral.
7. WARRANTY
7.1 The warranty period for the products is 2 years.
7.2 Damages and defects resulting from improper installation or use are excluded from the warranty.
7.3 Issues caused by exceeding the maximum capacity of electrical devices are not covered under warranty.
7.4 Damages and defects caused by improper interventions or repairs by third parties are not covered under the warranty.
7.5 Visible defects must be reported to the Seller in writing within 3 (three) business days, and latent defects within 10 (ten) days.
7.6 The Buyer is liable for damages that may occur during the assembly of disassembled containers.
8. ORDER CANCELLATION
8.1 Written cancellation requests sent to the Seller's email address are subject to the following conditions:
8.1.1 For cancellations prior to the start of production, the deposit will be fully refunded within 10 business days of the date of the written cancellation request.
8.1.2 For cancellations after the start of production, a cancellation fee of 30% of the order value will be retained. The remaining amount will be refunded within 15 business days.
8.1.3 Cancellations are no longer possible once production is completed and the products are ready for shipment.
8.2 All cancellation requests must be made in writing and confirmed in writing by the Seller.
9. TERM AND TERMINATION OF THE CONTRACT
9.1 The contract enters into force upon written confirmation of the order by the Parties and ends upon the fulfillment of the Seller's product and warranty obligations.
9.2 If the Buyer fails to fulfill their obligations under this contract, the Seller may terminate the contract without prior notice. In such cases, the Buyer is not entitled to claim damages.
10. CONFIDENTIALITY
10.1 All technical or business data, reports, etc., exchanged between the Parties, as well as trade secrets in accordance with the GDPR (General Data Protection Regulation) or other confidential information, may not be disclosed in whole or in part to third parties without the Seller's written consent.
10.2 The Seller has the right to use photos of completed projects for advertising purposes.
11. FORCE MAJEURE
11.1 The Seller is not liable for non-performance of its obligations in the event of unforeseeable events such as natural disasters, strikes, pandemics, etc.
12. NOTIFICATIONS
12.1 Notifications sent to the addresses specified in the contract are considered delivered on the same day.
12.2 Address changes must be communicated within 7 days, failing which the non-reporting party is liable.
13. DISPUTE RESOLUTION
13.1 All disputes arising from or related to this contract shall be resolved amicably.
13.2 If such efforts fail, disputes shall be exclusively decided by the courts of Düsseldorf under German law.
14. FINAL PROVISIONS
14.1 The invalidity or unenforceability of individual provisions of this contract does not affect the validity of the remaining provisions.
14.2 The Parties agree to replace the invalid provision with one that most closely reflects the economic purpose of the original.
14.3 Amendments and additions to this contract must be made in writing and signed by both Parties.
14.4 This contract constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements concerning its subject matter.
14.5 Clause headings are for convenience only and do not affect the interpretation of the contract.