Article 1 – Definitions
Sunrise Energy : Sunrise Energy, located at Las bayas , Chamber of Commerce number X5413984Z.
Client: the person with whom Sunrise Energy has entered into an agreement.
Parties: Sunrise Energy and Customer together.
Consumer: a Customer who is also an individual acting as a private person.
Article 2 – Applicability
These terms and conditions apply to all quotations, offers, work, orders, agreements and supplies of services or products by or on behalf of Sunrise Energy.
Sunrise Energy and the Client can deviate from these terms only if agreed in writing.
Sunrise Energy and the Client expressly exclude the applicability of the general terms and conditions of the Client or others.
Article 3 – Offers and tenders
Offers and quotations from Sunrise Energy are without obligation unless expressly stated otherwise therein.
An offer or quotation is valid for a maximum of 2 weeks, unless a different period is stated in the offer or quotation.
If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation shall lapse.
Offers and quotations do not apply to repeat orders unless Sunrise Energy and the Client agree in writing.
Article 4 – Acceptance
Upon acceptance of a non-binding quotation or offer, Sunrise Energy may still withdraw the quotation or offer within 3 days of receipt of the acceptance, without the Client being entitled to any rights.
Verbal acceptance by the Client only binds Sunrise Energy after the Client has confirmed it in writing or electronically.
Article 5 – Payments and payment term
Sunrise Energy may require a deposit of up to 50% of the agreed amount when entering into the agreement.
The Customer must have made a subsequent payment within 7 days of delivery.
The payment terms used by Sunrise Energy are strict payment terms. This means that if the Client has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without Sunrise Energy having to send a reminder or declare the Client in default.
Sunrise Energy may make a delivery subject to immediate payment or require security for the total amount of the services or products.
Article 6 – Consequences of late payment
If the Client fails to pay within the agreed term, Sunrise Energy may charge the statutory interest per month for non-commercial transactions and the statutory interest per month for commercial transactions from the day the Client is in default, with part of a month counting for a whole month.
If the Customer is in default, he must also pay extrajudicial collection costs and any damages to Sunrise Energy.
Collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
If the Client fails to pay on time, Sunrise Energy may suspend its obligations until the Client has paid.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Client, Sunrise Energy’s claims against the Client are immediately due and payable.
If the Client refuses to cooperate with Sunrise Energy’s performance of the agreement , the Client must still pay the agreed price.
Article 7 – Delivery
Delivery will take place while stocks last.
Delivery will take place at Sunrise Energy, unless otherwise agreed.
Delivery of products ordered online takes place at the address specified by the Customer.
If the Client fails to pay the agreed amounts or fails to pay them on time, Sunrise Energy may suspend its obligations until the Client pays.
Late payment constitutes creditor default, which means that the Client cannot hold a late delivery against Sunrise Energy.
Article 8 – Delivery time
Sunrise Energy’s delivery times are indicative. If delivery is later, the Client cannot derive any rights from it unless otherwise agreed in writing.
The delivery period commences when the offer to Sunrise Energy signed by the Client for agreement has been confirmed in writing or electronically by Sunrise Energy to the Client.
The Client will not be compensated and may not rescind the agreement if Sunrise Energy delivers later than agreed. However, the Client may rescind the agreement if agreed in writing or if Sunrise Energy cannot deliver within 14 days, after being reminded in writing or the Client and Sunrise Energy have agreed otherwise.
Article 9 – Warranty
1. Warranty duration: We offer a 15-year warranty on our solar panels and 2 years on the installation. The warranty period starts from the date of installation.
2. Scope of the guarantee: This guarantee covers manufacturing defects and deficiencies in installation. If a defect occurs within the warranty period, we will repair the defect free of charge or replace the product.
3. Exclusions: The warranty does not cover damage caused by improper use, negligence, external factors (such as natural disasters), or modifications to the system not carried out by us.
4. Claims: To make a warranty claim, the customer must contact our customer service department and provide proof of purchase and installation.
5. Maintenance: Regular maintenance can contribute to the life of the solar panels. It is the customer’s responsibility to follow these maintenance requirements.
Article 10 – Intellectual property
Sunrise Energy retains all intellectual property rights in all designs, drawings, writings, carriers containing data or other information, quotations, images, sketches, models and models, unless otherwise agreed.
The Client may not show, make available or otherwise use the intellectual property rights in paragraph 1 to others without Sunrise Energy’s prior written consent.
Article 11 – Complaints
The Client must examine a product or service provided by Sunrise Energy for any defects as soon as possible.
If a product delivered or service rendered does not meet that which the Client could reasonably expect, the Client must notify Sunrise Energy within 1 month of ascertaining the defect.
A consumer must notify Sunrise Energy no later than 2 months after discovering the default.
In doing so, the Customer shall provide as detailed a description of the shortcoming as possible so that Sunrise Energy can respond appropriately.
The Client must prove that the complaint relates to an agreement between the Client and Sunrise Energy .
Where a complaint is about work in progress, the Client cannot demand that Sunrise Energy start performing work other than that agreed.
Article 12 – Notice of default
The Customer must give any notice of default in writing to Sunrise Energy .
The Client is responsible for ensuring that his notice of default actually reaches Sunrise Energy on time.
Article 13 – Customer liability
Where Sunrise Energy enters into an agreement with more than one Customer, each is jointly and severally liable for complying with the terms of that agreement.
Article 14 – Liability of Sunrise Energy
Sunrise Energy will only be liable for damage suffered by the Client if such damage was caused by intent or deliberate recklessness.
Where Sunrise Energy is liable for damages, this applies only to direct damages related to the performance of an underlying agreement.
Sunrise Energy will not be liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
Where Sunrise Energy is liable, such liability will be limited to the amount paid out by any (professional) liability insurance taken out. If no insurance is taken out or no amount of damages is paid, liability is limited to the (part of the) invoice amount to which the liability relates.
All illustrations, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension.
Article 15 – Expiry period
Any right of the Client to compensation from Sunrise Energy lapses 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Article 16 – Dissolution
The Client may rescind the agreement if Sunrise Energy imputably fails to perform its obligations, unless such failure does not justify rescission due to its special nature or minor importance.
If fulfilment of the obligations by Sunrise Energy is still possible, rescission cannot take place until Sunrise Energy is in default.
Sunrise Energy may rescind the agreement with the Customer if the Customer fails to perform his obligations under the agreement in full or in time, or if Sunrise Energy becomes aware of circumstances that give it good reason to believe that the Customer will not perform his obligations.
Article 17 – Force majeure
In addition to Section 6:75 of the Dutch Civil Code, a default of Sunrise Energy by the Client cannot be imputed to Sunrise Energy where there is force majeure.
The force majeure situation in paragraph 1 also includes, inter alia:
– a state of emergency such as civil war or natural disaster
– default or force majeure of suppliers, deliverers or others
– power, electricity, internet, computer or telecom failures
– computer viruses
– strikes
– government measures
– transport problems
– adverse weather conditions
– work stoppages
If a force majeure situation occurs that prevents Sunrise Energy from fulfilling 1 or more obligations to the Client, those obligations will be suspended until Sunrise Energy can fulfil them.
From the time a force majeure situation has lasted for at least 30 calendar days, both the Client and Sunrise Energy may cancel the agreement in writing in whole or in part.
Sunrise Energy does not have to pay any compensation to the Client in a force majeure situation, even if Sunrise Energy benefits from this.
Article 18 – Modification of the agreement
If it is necessary for performance to amend a concluded agreement, the Customer and Sunrise Energy may amend the agreement.
Article 19 – Modification of general terms and conditions
Sunrise Energy may amend these terms and conditions.
Changes of minor importance may always be made by Sunrise Energy.
Substantial changes will be discussed with the Client in advance whenever possible.
A consumer may terminate the underlying contract in the event of a substantial change to the general terms and conditions.
Article 20 – Transfer of rights
The Client cannot assign any rights under an agreement with Sunrise Energy to others without the written consent of Sunrise Energy .
This provision counts as a clause with effect under property law as in Article 3:83(2) of the Civil Code.
Article 21 – Consequences of nullity or voidability
Should 1 or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Sunrise Energy had in mind when drafting the terms and conditions on that point.
Revised on 22-10-2024.
