Provider and person responsible for content (under the terms of §5 TMG and §55 RStV):
Commercial register number: HRB 31154
Court of jurisdiction: Amtsgericht Bremen [Bremen District Court]
Turnover tax ID number: DE 273782253
Carl G. Berninghausen
Christian von Olshausen
Legal information and exclusions of liability.
We are pleased that you have chosen to visit our website. Please bear the following legal information and exclusions of liability in mind while using our web pages:
The content included on the sunfire GmbH website may be replaced, amended or removed without prior notice. We explicitly reserve the right to temporarily or permanently withdraw the website. All offers included on the website are non-binding and subject to alteration.
All sunfire GmbH web pages are subject to statutory copyright law. This applies to their structure, any information, data, text, images and audio material they include and components necessary to their functionality. Provided they keep to the scope of the intended function of the web pages, the user is entitled to make personal use of the content published. The publication of the web pages does not grant the user any rights to the content and programs included therein. The duplication or use of the web pages or sections thereof in other electronic or printed media without the explicit consent of sunfire GmbH is prohibited.
3. TRADEMARK LAW
All brand and product names which are named on the sunfire GmbH website and may be protected by third party rights are subject to both corresponding trademark law and the rights of ownership held by the registered owner without restriction. The simple mention of trademarked names on the sunfire GmbH website does not indicate that they are not protected by third-party rights!
4. PICTURE CREDITS
All rights to the images published on this website are owned by sunfire GmbH except the following:
© (from top): iStockphoto/Mimadeo; iStockphoto/mediaphotos; iStockphoto/sarkophoto; shutterstock/ASchindl; iStockphoto/MACIEJ NOSKOWSKI; shutterstock/Monkey Business Images
© Page Residential (from top): iStockphoto/mediaphotos; Vaillant Deutschland GmbH & Co. KG (3x); fotolia/contrastwerkstatt
© Page Off-Grid (from top): iStockphoto/sarkophoto; fotolia/contrastwerkstatt
© Page Commercial (from top): shutterstock/ASchindl; fotolia/contrastwerkstatt
© Page Hydrogen (from top): iStockphoto/MACIEJ NOSKOWSKI; fotolia/contrastwerkstatt
© Page Fuel (from top): shutterstock/nexus 7; iStockphoto/MACIEJ NOSKOWSKI
Products & Technology; Company:
© Contact (last element on all pages except page „Contact“): fotolia/contrastwerkstatt
© Header Page Partner: shutterstock/Monkey Business Images
© Page Contact (from top): fotolia/contrastwerkstatt; shutterstock/Monkey Business Images
5. DATA PROTECTION
Where the sunfire GmbH website gives users the option to enter data of a personal or business-related nature (email addresses, names, postal addresses), that information is disclosed to us by the user on an explicitly voluntary basis. We only gather, process and use personal user data where required within the framework of the delivery of the respective service. Please refer to our data protection page for more information.
6. EXCLUSION OF LIABILITY (INFORMATION)
sunfire GmbH accepts no liability for the topicality, accuracy, completeness or quality of the information published on its website. Such information should therefore not be used as a basis for legally relevant or cost-related decisions without confirmation of its validity. In individual cases you may contact us directly in order to verify the validity of the information in question.
7. EXCLUSION OF LIABILITY (REFERENCES AND LINKS)
sunfire GmbH accepts no responsibility for the content of hyperlinks included on its website. We have no influence on the content of linked pages, and despite the careful monitoring thereof are therefore unable to assume liability for the accuracy, legality, completeness and availability of third-party content. The content of linked pages is the sole responsibility of the provider thereof. The provider of the linked page has sole liability for illegal, incorrect or incomplete content and damage caused as a result of the use of third-party information. Please inform us if you encounter dubious information on a page accessed via a hyperlink included on the sunfire GmbH website.
8. USAGE OF CONTACT DATA
It is prohibited for third parties to use and/or pass on contact data such as postal addresses, telephone/fax/mobile telephone numbers or email addresses published on the sunfire GmbH website for the sending of information which has not been explicitly requested. sunfire GmbH explicitly reserves the right to take legal action against any “address gatherers” or senders of unsolicited advertising who violate this ban.
9. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If you suspect that an intellectual property right held by you or your organization is being violated by the sunfire GmbH website, please inform us without delay in order that prompt remedial action can be taken. Please note that the time-consuming use of a solicitor to issue a warning at the expense of the service provider is not commensurate to the actual or suspected intention.
10. SEVERABILITY CLAUSE
All other clauses will remain unaffected if these conditions are found to include a loophole or an individual clause within them loses its validity. The invalid clause will be replaced by a valid clause which best corresponds with the actual intention of the original clause. The same applies in the case of a loophole.
sunfire GmbH takes the protection of your personal data seriously. Special emphasis is therefore placed on observing your privacy during the processing of personal data. Personal data is handled in accordance with the German Federal Data Protection Act (BDSG); the operators of the sunfire GmbH website undertake to handle personal data with discretion. This data protection statement does not cover linked pages operated by third-party providers.
1. PERSONAL DATA
Personal data is seen as information which could be used to identify the individual it relates to. It includes details such as the user’s real name, postal address, email address and telephone number. It does not include information which is not directly linked to the user’s real identity, for example favourite websites or the number of people who use a site.
It is possible as a basic principle for users to use the sunfire GmbH website without disclosing their identity.
We endeavour to make the use of available website functions dependent on as little personal data as possible. Users who wish to enter into contact with us need only provide their name and email address. Users wishing to receive information by post need to provide at least their name and postal address.
2. SERVER-BASED DATA
Each visit to the sunfire GmbH website sees related user data (e.g. IP address, date, time, pages viewed) stored on our server. No personal data analysis is carried out. The right to carry out statistical analyses of anonymized data sets is reserved.
The usage of personal data for the purposes of technical website management and client administration is restricted to the extent actually required. Personal data is only stored if provided voluntarily.
3. PASSING ON OF PERSONAL DATA
Persons under the age of 18 should not communicate any personal data to us without the consent of their parents or guardians. We neither request personal data from minors, collect such data nor pass such data on to third parties.
6. LINKS TO OTHER WEBSITES
The sunfire GmbH website includes links to other websites. We have no influence on the adherence of the operators of those websites to data protection regulations.
7. QUESTIONS AND COMMENTS
Please send us an email if you have any questions, suggestions or comments on the subject of data protection.
The following General Conditions of Sale and Delivery regulate the current and future business relationships between Sunfire
GmbH (“Seller”) and the Buyer and shall be a part of the contract of purchase. Changes and additions must be made in writing.
Conflicting or deviating conditions of purchase or other reservations made by the Buyer shall not be effective unless the Seller
has expressly accepted them in writing for a particular order.
II. OFFERS, ORDERS, ASSIGNMENT
1. The Seller's offers shall not be binding with respect to price, quantity, delivery time or availability.
2. The Buyer's orders shall become binding to the Seller upon receipt by the Buyer of the Seller's written or computer-printed
acknowledgement (including invoice or delivery note).
3. Assignments by the Buyer with respect to rights granted in purchase or delivery contracts with the Seller shall be not effective
until the Seller's prior written consent.
1. The prices invoiced shall be the Seller's prices effective at the time of delivery, plus statutory VAT.
2. Should the Seller, in the interval between conclusion of the contract and delivery, effect a general price increase, the Buyer
shall have the right to withdraw from the contract within two weeks of having been informed thereof, unless the price increase is
exclusively due to an increase in freight rates. The right of withdrawal shall not apply to long-term supply contracts (contracts for
the performance of a continuing
IV. TERMS OF PAYMENT, PAYMENT TRANSACTIONS, DELAYED PAYMENT
1. The handing in of bills of exchange shall be subject to the Seller`s prior consent and shall not constitute payment. The
maturity of bills shall not exceed 30 days from the invoice date. Discount expenses, bill charges, bill tax and similar expenses
incurred as of thirty days after the due date of the invoice shall be for
the Buyer’s account.
2. The Buyer shall examine the Seller's invoice within 10 days after receipt. The Seller's invoice is considered to have been
accepted by the Buyer if the latter does not object within the allotted period of time.
3. The statutory rules for default in payment apply. Should Buyer exceed the term of payment, the Seller shall have the right to
charge interest at a rate of eight per cent above the basis interest rate. The Seller reserves the right to prove and claim a higher
damage caused by delay.
4. When the Seller has reason to doubt the Buyer's solvency or credit worthiness, and the Buyer is not prepared to effect
advance cash payment or provide the Seller with security as requested, the Seller shall have the right to cancel that portion of
the contract which he has not yet performed.
5. Deposits and advance payments shall be made plus VAT, if required.
6. Payment shall not be deemed to have been effected until the amount has been finally cleared into one of the Seller’s
7. The Seller reserves the right to use payments for the settlement of the invoices which have been outstanding longest, plus
any interest on arrears and costs accrued thereon, in the following order: costs, interest, principal claim.
8. The Buyer shall not have the right to withhold payments. Counterclaims may only be offset if they are uncontested or have
become res judicata.
1. The Seller shall make every effort to effect delivery as early as possible. There shall be no fixed periods for delivery.
2. Should, notwithstanding the proceeding sentence, a fixed period for delivery have been agreed, and should the Seller default
with the supply, the Buyer shall grant the Seller a reasonable respite, normally of four weeks.
3. Delivery shall be subject to punctual delivery of the appropriate goods by the
Seller’s own suppliers.
3. The day of delivery shall be the day on which the Products leave the Seller’s plant or warehouse or, if the
day cannot be ascertained, the day on which they are put at the Buyer’s disposal.
VI. FORCE MAJEURE, IMPEDIMENTS TO PERFORMANCE
Force majeure of any kind, in particular, unforeseeable production, traffic or shipping disturbances, fire damage, floods,
unforeseeable shortages of labour, utilities or raw materials and supplies, strikes, lockouts, acts of authorities or any other
hindrances beyond the control of the party obliged to fulfil the contract that diminish, delay or prevent production, shipment,
acceptance or use of the Products, or make their use
unreasonable, shall relieve the party from the obligation to supply or accept delivery, as the case may be, as long as and to the
extent that the hindrance prevails. If as a result of the hindrance, supply and/or acceptance are delayed by more than eight
weeks, either party shall have the right to cancel the contract. Should the Seller's suppliers fail to supply him in whole or supply
him only in part, the Seller shall not be
under obligation to purchase from other sources. In such cases the Seller shall have the right to distribute the available Products
among his customers while at the same time taking into account his own requirements.
VII. SHIPMENT, PASSING OF RISK
1. The Seller reserves the right to choose the route and the mode of transport. Any additional costs resulting from special
shipping requests made by the Buyer shall be borne by the Buyer. Unless prepaid freight has been agreed, the Buyer shall also
bear any increases in freight rates which become effective after the contract has been concluded, any additional costs resulting
from re-routing a consignment, storage expenses, etc.
2. The Buyer accepts the risk of destruction, loss or damage upon dispatch of the Products or, if they are collected by the Buyer,
at the time they are placed at the Buyer's disposal.
3. Products not accepted by the Buyer will be warehoused at the Buyer's expense and risk.
VIII. RETENTION OF TITLE
1. Title to the delivered Products shall not pass to the Buyer until he has fulfilled all obligations arising from his business
connection with the Seller, which shall include settling accessory claims and claims for damages and honouring cheques and
bills. Title to the Products shall also remain with the Seller if the Seller’s claims have been included in a current account and the
balance of this account has been struck and
2. If the Buyer defaults on his obligations to the Seller, the Seller shall have the right, without granting a respite and without
cancelling the contract, to demand the return of the Products to which the Seller retains title.
3. If Products to which the Seller retains title are processed into new products, the Buyer shall be deemed to be effecting such
processing on behalf of the Seller without thereby acquiring any claims against the Seller. The Seller's title shall thus extend to
the products resulting from processing. If Products to which title is retained by the Seller are processed together with, mixed with
or attached to products to which title is
retained by third parties, the Seller shall acquire co-ownership of the resulting products in the ratio of the invoice value of
Products owned by him to the invoice value of the products owned by those third parties. If the Products are combined or mixed
with principal substances of the Buyer, the Buyer, by accepting these
conditions, surrenders his title to the new item to the Seller.
4. The Buyer shall be under the obligation to provide, on behalf of the Seller, adequate storage of the Products to which the
Seller retains title, to service and repair them at his expense against loss and damage up to an extent which may reasonably be
expected of a prudent businessman. By accepting these
Conditions the Buyer assigns in advance to the Seller any claims which may accrue to him under the insurance policies.
5. As long as the Buyer duly meets his obligations to the Seller, he shall have the right in the normal course of business to do as
he wishes with the Products to which the Seller retains title. This shall not apply, however, if he and his customers have
concluded an agreement on purchase price claims according to
which the Buyer may not transfer his claims to third parties. The Buyer shall not have the right to pawn, transfer by way of
security or otherwise encumber the Products to which the Seller retains title. When reselling the Products,
the Buyer shall make the passing of the title subject to full payment of the Products by his customers.
6. By accepting these Conditions, the Buyer assigns in advance to the Seller any claims which may arise from a resale of the
Products to which the Seller retains title, together with any incidental rights and security interest,
including bills of exchange and cheques, so as to provide the Seller with security for all claims he has on the Buyer as a result of
the business transaction. If Products to which the Seller retains title are sold together with other products at a single price, the
assignment shall be limited to the portion of the invoiced value which covers the
Products to which the Seller retains title. If the Buyer sells products of which the Seller has co-ownership pursuant to Paragraph
VIII, Clause 3, the assignment shall be limited to the portion of the invoice value which corresponds to the Seller's co-ownership.
As long as the Buyer duly meets his obligations to the Seller, he may collect claims from a resale himself. He shall not have the
right to assign or pledge such claims as security.
7. If the Seller believes his claims to be at risk, the Buyer shall, at the Seller's request, inform his customers of the assignment of
his claims to the Seller and supply the Seller with all necessary information and documents. Any acts of third parties aimed at
seizing the Products to which the Seller retains title or the forfeited claims assigned to him shall be brought to the Seller's
attention by the Buyer immediately.
8. If the value of the security provided to the Seller exceeds the value of the claims to be safeguarded by more than 20 per cent,
the Seller shall, at the Buyer's request, bring the excess coverage down to 20 per cent by releasing security of his own choice.
1. No claims for compensation may be lodged by the Buyer including those of a non-contractual nature for any minor negligent
breach of duty by the Seller, his executive staff or other agents, unless such breach concerns a duty that is crucial for the object
of the contract.
2. The Seller shall only be liable for indirect damage or damage which could not be foreseen at the time of conclusion
of the contract if such damage is due to a gross fault on the part of the Seller or one of his managerial staff.
3. The above limitations shall not apply to damages resulting from death, injury or damage to health. However, this
shall not affect the applicability of compelling statutory liability regulations such as, for example, liability for the
assumption of a guarantee or product liability law.
X. NOTIFICATION OF DEFECTS
1. Notification of defects shall only be recognized if filed in writing within two weeks of receipt of the Products together with
supporting evidence, samples and packing slips, stating the invoice number and date, and the markings of the packaging.
2. The Seller must be notified of hidden defects immediately upon discovery, but not later than five months after receipt of the
Products. This shall not affect the statutory periods of limitation. The responsibility to prove that a defect is a hidden defect shall
rest with the Buyer.
3. Delivered Products forming the basis of a complaint shall not be returned to the Seller except with the Seller's
XI. BUYER’S RIGHTS IN THE EVENT OF DEFECTS
1. The Buyer is aware that the Products can concern in a development phase. As a result, neither the suitability for a certain use
is required nor can a normal suitability be determined. Therefore, the agreed quality of the Products in the contract shall be
exclusively authoritative with the determination of the absence of defects. The Buyer cannot derive any defect claims from the
fact that the Products are in a development phase.
2. Warranty claims made by the Buyer shall only entitle the Buyer to be supplied with a replacement. If the replacement
provided by the Seller is also defective, the Buyer may reduce the purchase price or cancel the contract. Claims for damages as
defined in section IX. shall remain unaffected from the above. Claims made by the
Buyer due to expenses incurred as a result of reworking, in particular transport, travel, labor and material costs, shall be
excluded where such expenses have been increased by the fact that the item was subsequently transported to a location other
than the premises of the party placing the order, unless the Products were supplied
to this location in line with their intended use.
3. Any guarantee agreement must be made in writing. A statement of guarantee shall only be effective if it describes the content
of the guarantee and the duration and physical scope of guarantee protection in sufficient detail.
XII. PERIODS OF LIMITATION
In cases that fall under § 438, paragraph 1, no. 3 German Civil Code (BGB), warranty claims shall expire with effect from one
year from the beginning of the statutory period of limitation. Compelling regulations governing the statutory period of limitation or
the question of liability, such as, for example, liability for the assumption of a
guarantee, liability for willful intent and gross negligence, for death, physical injury or damage to health, for the violation of
essential contractual obligations, in accordance with the product liability law and the provisions relating to the sale of consumer
goods shall remain unaffected.
XIII. PROPERTIES OF PRODUCTS, TECHNICAL SUPPORT, USE AND PROCESSING
1. The properties of the Products shall as general rule only include the properties as stated in the Products descriptions,
specifications and labelling of the Seller. Public statements, claims or advertising shall not be classed as information on the
properties of the item for sale.
2. Technical advice provided by the Seller verbally, in writing or by way of trials is given in good faith but without warranty, and
this shall also apply where proprietary rights of third parties are involved. The Seller's technical advice shall not release the
Buyer from the obligation to test the Products supplied by the Seller as to their
suitability for the intended process and uses. The application, use and processing of the Products are beyond the Seller's
control and therefore entirely the Buyer's responsibility.
1. The Buyer shall not have the right to refer to the Seller’s Products when offering or supplying substitute products
or, in price lists or similar business communications, to use the word "substitute" in conjunction with the Seller’s –
protected or unprotected – Products designations or list these designations together with any designations for
2. When using the Seller’s Products for manufacturing purposes or when processing them into new products, the Buyer shall not
have the right, without the Seller’s prior consent, to use the Seller’s Products designations, especially his trademarks, on the
resulting products or on the packaging therefore or in any relevant printed matter
of advertising literature, particularly by mentioning the Seller’s Products as components of his own products. The supply of
Products under a trademark shall not be deemed agreement to the use of this trademark for the Products manufactured
XV. APPLICABLE LAW, INTERPRETATION OF TERMS OF TRADE, PLACE OF PERFORMANCE AND JURISDICTION, INVALIDITY OF
1. German law shall apply. Application of the Uniform Law on the International Sale of Goods and the Uniform Law on
the Formation of Contracts for the International Sale of Goods - both dated July 17, 1973 – and of the UNAgreement on the
Sale of Goods of April 11, 1980 shall be excluded.
2. Customary terms of trade for the delivery of the Products shall be interpreted in accordance with the INCOTERMS current at
3. Even if it has been agreed that the Seller pays the customs and import duties in the country of destination, any increases in
such duties which become effective between the date of the order acknowledgement and delivery of the Products shall be borne
by the Buyer. All other charges, taxes and costs connected with the purchase contract shall also be borne by the Buyer.
4. Should any clause in these General Conditions of Sale and Delivery be or become invalid, this shall not affect the validity of
the remaining clauses or remaining parts of the clause concerned. The parties shall replace any invalid arrangement by an
effective one which conforms as far as possible to the economic purpose of the invalid clause.
5. Place of performance for each delivery shall be the Seller's dispatch department. Place of performance for payment shall be
6. Place of jurisdiction for both parties shall be Dresden. The Seller shall furthermore have the right to sue the Buyer at the
Buyer's general place of jurisdiction.