Terms and conditions of sale and use

1. Scope

These general terms apply to any request for a quotation, order, sale, delivery or service made via Sunrak, a brand operated by CGGK.

Sunrak addresses both professional customers (installers, design offices, car-park operators, farms, local authorities) and private customers. Where the customer acts as a consumer, mandatory consumer-protection rules of the customer's country of habitual residence remain applicable and prevail.

2. Products

Sunrak markets custom metal mounting structures for solar panels: solar carports (1, 2, 3+ cars), photovoltaic car-park canopies, roof mountings by cover type, fixed and tracker ground-mount structures, balcony and flat-roof supports, and associated accessories (anodised 6063-T5 aluminium, Z275 galvanised steel, A2/A4 stainless-steel fasteners).

Visuals, drawings, photographs and dimensions shown on the site are provided for information. Only the accepted quotation, invoice, order confirmation, Eurocode calculation report and approved dimensioned drawings have legal value.

3. Quotation, engineering study and contract formation

Any quotation-based sale presupposes the disclosure of accurate information: intended use, dimensions, postcode (for Eurocode 1 snow and wind zones), roof type where applicable, accessibility, site constraints, chosen solar modules, desired lead-time, administrative requirements.

The quotation is prepared on the basis of the information provided and includes the engineering study from our design office (Eurocode 1 wind and snow calculation report adapted to the destination country, assembly drawings, foundation plan, bill of materials, assembly manual).

Unless a different duration is indicated, a quotation is valid for 30 days from issue.

The contract is formed when the quotation is accepted by the customer by signature, written acknowledgement, email of agreement or payment of the deposit.

4. Prices

Prices are stated in euros, excluding or including VAT depending on the customer's status. Shipping, customs, handling, storage, insurance, administrative formalities, installation, concrete foundation works or options may be invoiced in addition where not expressly included.

5. Payment: 50 % deposit to launch production, balance before shipment — custom products 100 % at order

General rule: save express provision to the contrary, every order entails payment of a deposit of 50 % of the total amount (VAT included or excluded as applicable) upon validation of the quotation. This deposit triggers the launch of production.

The balance is due before shipment of the goods. No shipment is released until the balance has been received by Sunrak. Handover of final documents (as-built drawings, signed assembly manual), where applicable, also takes place at this stage.

Custom products: structures manufactured entirely to the customer's specifications — out-of-standard dimensions, specific anchoring, custom RAL finish, particular geometry, integration of a charging-station base, canopies with dedicated engineering — are subject to full payment of 100 % at order, upon validation of the quotation. This rule reflects the impossibility of reselling a structure designed for your dimensions and specifications. The custom nature is expressly stated on the quotation and accepted by the customer upon signature.

Unless otherwise agreed in writing, payment is made by bank transfer. Any late payment automatically triggers, without prior notice, interest at the ECB refinancing rate plus 10 percentage points for professional customers, together with a flat-rate recovery indemnity of EUR 40 per unpaid invoice (Articles L 441-10 and D 441-5 of the French Commercial Code).

6. Retention of title

Goods remain the property of Sunrak until full payment of the price (Article 2367 of the French Civil Code). Until full payment, the customer may not resell, transform, install in an irreversible way, pledge or grant any security over the goods without Sunrak's written consent.

Transfer of risk follows the delivery terms set in the quotation (Incoterms). For EXW sales or delivery via a carrier chosen by the customer, the risks are transferred upon handover to the carrier.

7. Delivery, inspection and bailiff record

Lead-times are communicated in good faith. Standard lead-time: 4 to 8 weeks between deposit and delivery within the EU, up to 12 weeks for large-span car-park canopies or complex builds.

The customer must be present or represented on the day of delivery, must arrange suitable access for HGVs, the unloading means required (crane, forklift for large volumes) and any necessary authorisations.

Sunrak may instruct a bailiff to record the delivery, the state of packaging, access conditions, handover operations and any reservations. The customer accepts that such a record may be used as evidence in the event of a dispute.

In particular, for any order exceeding €4,000 excl. VAT, Sunrak instructs one or more duly empowered representatives (a bailiff or an agent appointed by CGGK) who attend in person to record delivery at the customer's site. The customer undertakes to grant them free access on the agreed day and accepts that their report shall be authoritative as to the conformity, condition and effective handover of the structures.

The customer must inspect the goods on receipt and raise precise, complete and reasoned reservations on the delivery note or by any immediate evidential means (dated photographs, video, immediate email). Generic reservations such as "subject to unpacking" are insufficient.

Between professionals, any apparent defect not noted on delivery is deemed accepted. Any non-apparent defect must be notified in writing with photographs and supporting evidence within 72 hours of delivery or discovery of the defect.

8. Delays beyond Sunrak's control

Sunrak shall not be liable for delays or temporary impossibility of performance arising from events beyond its control, including: supplier delay, component shortage, disrupted transport, strike, port blockage, customs, administrative inspection, weather event, accident, force majeure, public-health crisis, conflict, carrier failure, erroneous or missing information from the customer.

In such situations, lead-times are automatically extended. No delay shall justify automatic cancellation, refusal to pay the balance, penalties, deduction or compensation for loss of solar production, loss of feed-in tariff or subsidy, loss of business, loss of profit or indirect loss, save in the case of proven gross negligence by Sunrak.

Force majeure is understood within the meaning of Article 1218 of the French Civil Code.

9. Installation, assembly and customer obligations

Unless otherwise expressly agreed in writing, products are sold without installation services. The assembly manual provided is designed for an experienced private customer or local tradesperson.

The customer is responsible for the ground, site preparation, administrative authorisations (planning permission, listed-area constraints), declarations, soil adaptation, buried networks, site safety and accessibility.

The customer is solely responsible for the electrical connection of the PV modules (qualified electrician) and for any electrical certification scheme that applies locally.

10. Planning, subsidies and administrative compliance

The customer remains solely responsible for verifying planning rules, authorisations, listed-area constraints, local design codes and co-ownership rules.

Information regarding subsidies, feed-in tariffs or tax credits is provided for guidance only. Sunrak does not guarantee the granting of any subsidy, its amount, payment lead-time or longevity.

11. Warranty

Sunrak structures benefit from:

• a 20-year structural warranty against corrosion, deformation and mechanical integrity, subject to compliant assembly;
• a 1-year manufacturing defects warranty from delivery;
• applicable consumer law warranties where the customer acts as a consumer.

The warranty does not cover damage arising from poor installation, non-compliant assembly, unsuitable use, lack of maintenance, modification of the product, exceptional weather event exceeding the characteristic Eurocode 1 loads, unsuitable ground, impact, vandalism or use other than that declared.

12. Custom products and right of withdrawal

Structures manufactured to the customer's specifications, personalised or adapted to particular dimensions cannot be returned or cancelled after validation, save with Sunrak's written agreement.

For consumers, the right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised (Article L 221-28 3° of the French Consumer Code; equivalent provisions in other Member States). Almost all Sunrak structures fall within this exception since they are dimensioned for the customer's exact site (Eurocode zone, dimensions, anchoring).

13. Cancellation of an order

Any cancellation after validation requires Sunrak's written agreement. If manufacturing, sourcing, supplier reservation or transport has already been initiated, the deposit (or 100 % for custom items) remains acquired by Sunrak as a minimum cost cover.

14. Export, VAT and formalities outside France

For deliveries or use outside France, the customer remains responsible for import formalities, local taxes, customs, administrative authorisations, local approvals (DIN EN in Germany, BS EN in the UK, CTE in Spain, NTC in Italy).

Invoicing is in euros. For customers with a valid intra-community VAT number, the reverse charge may apply. The 1980 Vienna Convention on the international sale of goods is excluded to the extent legally possible.

15. Limitation of liability

Between professionals, Sunrak's liability is limited to direct, personal, certain and proven damages, capped at the amount actually paid by the customer for the order at stake. Indirect damages, loss of business, loss of solar production, loss of margin, loss of chance, loss of subsidies, third-party penalties or consequences of a delay beyond Sunrak's control are excluded.

This limitation shall not apply in case of proven gross negligence, wilful misconduct or liability that cannot be limited by law.

16. Use of the website

The user undertakes to use the site fairly, not to disrupt its operation and not to scrape its content.

17. Intellectual property

The contents of the site are protected. The Sunrak® trademark is registered. The drawings, calculation reports, bills of materials and manuals provided with each order remain the intellectual property of Sunrak. The customer obtains a right of personal use but not of resale or reproduction.

18. Personal data

Personal data is processed in accordance with the privacy policy.

19. Mediation, governing law and jurisdiction

These terms are governed by French law, save mandatory rules to the contrary. In case of dispute, the parties shall first seek an amicable solution.

Where the customer acts as a consumer, they may refer to a consumer mediator free of charge after prior written complaint to Sunrak.

Failing amicable resolution, competent courts are determined under the applicable rules. For professional customers, and where the law so permits, exclusive jurisdiction is attributed to the Commercial Court of Toulouse.

20. Acceptance

Accepting a quotation, signing it, sending an email of agreement, paying a deposit, formalising an order or using the website implies acceptance of these general terms.