If supplementary performance fails, you shall be entitled, at your discretion, to demand a reduction in the purchase price or withdraw from the contract. (3) If the Client commits a breach of contract, especially by failing to pay the outstanding purchase price, we shall be entitled to withdraw from the contract and/or demand the return of the Goods subject to retention of title in accordance with the statutory regulations. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. Kompaktní prodejní kontejner pro každý účel- okamžitě připravený k použití. due to the impossibility or unreasonable nature of performance and/or supplementary performance). The Client is obliged to obtain any official permits required to build and/or operate the Rented Property. Kontejner ELA T-ACH odpovídá vysokým standardům kvality: … Celosvětově na místě: Společnost ELA Container si cení zákazníků a možnosti být s nimi v osobním kontaktu. drawings, plans, calculations or references to DIN standards), other product descriptions or documents – including in electronic formats – to which we retain the property and intellectual property rights. (c) The Client is still entitled to collect the receivables, as are we. Last amended: 18.09.2019 We reserve the right to file claims for more extensive damage due to default. In the case of contracts for the manufacture of specific items (custom-made products), we can withdraw immediately; this does not affect the statutory regulations concerning the unnecessity of setting a deadline. Heat Pump Water Heaters. (3) The Client is obliged to duly insure the Rented Property against destruction, damage, loss and theft. Applicable law and place of jurisdiction Hydronic. The same applies if the Client is an entrepreneur in the sense of section 14 of the BGB. In cases of delayed payment, we are entitled to charge default interest equal to the applicable statutory default interest rate from the maturity of the payment until our receipt of the payment unless the Client is able to provide evidence that we have not suffered that amount of damage. (7) The Client must give us the necessary time and opportunity for the supplementary performance; in particular, the Client must provide us with the allegedly defective Goods for the purposes of an inspection. (5) Any legally relevant explanations and declarations by the Client with regard to the contract (e.g. Esterne. ELA Container is the European specialist for mobile room solutions in container … We shall make the Rented Property available for collection at this date and time. Pebble grey, RAL 7032. 650 Mitarbeiter. This shall apply even if we have sent the Client catalogues, technical documentation (e.g. If the Client is leasing multiple containers which have been joined together to form a facility, the notice period for termination is two weeks. (6) We are entitled to make the supplementary performance contingent on the payment of the outstanding purchase price by the Client. The Client may provide evidence that we have suffered significantly less damage than the above lump sum or no damage at all. 2. At the request and expense of the Client, we shall deliver or send the Goods to another location specified by the Client (sale by delivery). (1) Delivery shall be made ex stock; this is also the place of fulfilment for the service and any supplementary performance. Data protection (11) Even in the case of a defect, the Client is only entitled to compensation and the reimbursement of wasted expenses in accordance with section 8; its claims are otherwise excluded. (2) Our liability for defects is primarily based on the agreement made concerning the characteristics of the Goods. (2) With regard to fault-based liability, we shall only be liable to pay damages in cases of intent or gross negligence, regardless of the legal grounds. (4) We are entitled to carry out partial deliveries and perform partial services at all times, provided that it is reasonable for you. (2) Any and all defects arising during the term of rental must be reported to us immediately. The Client does not have a free right of termination (especially under sections 648 and 650 of the BGB). Unless agreed otherwise, the version of these GTC that was valid when the Client placed the order and that was most recently sent to the Client in text format applies as a framework agreement, including to similar future contracts, without us having to refer to them again in every individual case. With 40,000 containers, 950 employees and 18 sites around the world, ELA Container has become a leading provider of quality, flexible room modules in Germany. Společnost ELA Container je specialista pro prostory a budovy z kontejnerů – v každé požadované velikosti, individuálně vybavené, k nájmu nebo ke koupi. 5. (3) If the Client should default in declaring acceptance or fail to cooperate, or if our delivery should be delayed for reasons for which the Client is responsible, we shall be entitled to demand compensation for the resulting damage and additional expenditure (e.g. (3) The limitations of section 5 below notwithstanding, we shall be liable towards you under the statutory provisions if the contract is a sale to be performed at a fixed point in time or if you are entitled, due to default on delivery for which we are responsible, to cite your discontinued interest in the execution of the contract. However, in any case, we are also entitled to file a lawsuit at the place of fulfilment of the delivery obligation in line with these GTC or an individual agreement which takes precedence or at the place of general jurisdiction of the Client. standard of care in one’s own affairs; immaterial breach of duty), we can only be held liable in cases of ordinary negligence a) for damage resulting from injury to life, limb or health, b) for damage resulting from the breach of a material contractual duty (a duty which must be fulfilled in order to permit the due performance of the Agreement and on adherence to which the contractual partner normally can and does rely); in this case, however, our liability shall be limited to paying compensation for the typical foreseeable damage. Therefore, the statutory provisions shall apply even without such a clarification, in so far as they are not directly modified or expressly excluded by these GTC. In particular, we cannot be held liable for lost earnings or other financial losses suffered by the Client due to defects in the Rented Property. Full service More info. During supplementary performance, you are not entitled to lower the purchase price or withdraw from the contract. (2) The Client placing an order for the Rented Property shall count as a binding contractual offer. 12. Brochures Data sheets ELA news Certificates IT support. (1) Our prices only include delivery and shipping costs if a separate agreement about this has been concluded with you. Applicability and format A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. Defects for which the Client is responsible shall be repaired at the expense of the Client. A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. More than 45 years of experience. The Client has been made aware that, as part of the business relationship, the data concerning the contractual relationship shall be stored on data media and processed under the provisions of the German Federal Data Protection Act (BDSG). Mustergrundrisse, Maße und Preise für Container – Stöbern Sie in den Kategorien! The specifics are described in the privacy policy on our website www.ela-container.com. Multifuel Energy Cylinders. 7. (3) We can declare acceptance either in writing (e.g. (2) In particular, these GTC apply to contracts concerning the leasing and delivery of goods, primarily containers along with accessories and equipment (the ‘Rented Property’), as well as the assembly and/or installation thereof. Liesel Albers-Bentlage Günter Albers, Betriebswirt (HWF) The Client shall bear all costs of recovery and all costs of exercising our rights in this regard. This does not affect any other special statutory provisions concerning limitation (especially section 438(1), no. (2) All agreements made between you and us in connection with the purchase contract are based, in particular, on these Terms and Conditions, our written order confirmation and our declaration of acceptance. (12) Any delivery of used items which has been agreed with the Client on a case-by-case basis shall be made to the exclusion of any and all guarantees for material defects. Double Walled Tank in Tanks. If the delivery or sending of the Goods has not been agreed, we shall assume that the Client will collect the Goods. Unless we were originally obliged to carry out the installation, supplementary performance shall not entail the disassembly of the defective item or re-installation. due to the filing of a petition for opening of insolvency proceedings), we shall be entitled, under the statutory regulations, to refuse performance and, potentially after setting a deadline, withdraw from the contract (section 321 of the BGB). However, the Client has no right of withdrawal if the defect is negligible. 11. (a) The retention of title encompasses the results created through the processing, mixing or combination of our Goods at their full value, in which regard we shall count as the manufacturer. Nákupní kontejner. By developing a system of standardized modules based on DNV 2.7-1 … (4) At its own expense, the Client shall obtain all official permits required to operate and/or procure the containers. For delivery, we are entitled to choose the method of shipment (especially the carrier and dispatch route) at our own discretion. Object of the Agreement, Rented Property 6. Planning advantages of 3-metre containers, Educational institutions and day-care centres, Educational institutions and daycare centres. However, the Client is entitled to withhold a reasonable portion of the purchase price relative to the defect. We hereby accept the assignment. (4) The Client shall only be entitled to offset or refuse performance in so far as its claim is undisputed or has been recognised by final judgement. The Client shall bear the costs of delivery as well as any customs, fees, taxes and other public duties. Otherwise, the same applies to the created result as to the Goods delivered subject to retention of title. Sale and Delivery – Transactions with Consumers Premium container. (1) The delivery deadline shall be agreed individually or specified by us when we accept the order. While the Client is in default, interest shall be charged on the purchase price at the applicable statutory default interest rate. Where acceptance has been agreed, it shall be authoritative with regard to the transfer of risk. Applicability and format The Client must notify us in writing immediately if a petition is filed for the opening of insolvency proceedings or in the case of a third-party attachment to the Goods belonging to us (e.g. Consent shall always be required, for example, even if we carry out deliveries to the Client without reservation despite being aware of the GTC of the Client. (6) If, after the conclusion of the contract, it becomes evident that our claim to the purchase price is jeopardised by insufficient solvency on the part of the Client (e.g. 3. Rent a mobile container workshop: 30 or 45 m² with workbench. (1) At the request and expense of the Client, we shall deliver or send the Rented Property to a location specified by the Client. /service. We are not obliged and generally not prepared to participate in a dispute resolution procedure before an arbitration committee. (3) Whether or not we are in default on delivery shall be determined by the statutory provisions. Applicable law and place of jurisdiction (1) These GTC and the contractual relationship between us and the Client are subject to the law of the Federal Republic of Germany, excluding international uniform law. by issuing an order confirmation) or by delivering and/or assembling/installing the Rented Property for the Client. (6) References to the applicability of statutory provisions are only to be interpreted as clarifications. If the Client is an entrepreneur, the Rented Property shall also remain our property until all of our other claims to rent and other claims resulting from the business relationship with the Client have been satisfied in full. In the case of collection, we shall notify the Client of the date and time of collection, provided that no collection date has been agreed. Our contract is subject to the law of the Federal Republic of Germany. In this case, the following provisions apply: 1. module rooms on a regular basis, usually in order to bridge construction or conver-sion phases. Data protection The Client has been made aware that, as part of the business relationship, the data concerning the contractual relationship shall be stored on data media and processed under the provisions of the German Federal Data Protection Act (BDSG). (4) The notice of termination must be sent to us at least in text format or by email: info@ela-container.uk. (1) Unless provided for otherwise in these GTC, including the following provisions, in the event of a breach of contractual and non-contractual duties, we shall be liable under the statutory provisions. Applicability and contractual bases (3) We can declare acceptance either in writing (e.g. (3) If you should default on payment, we shall be entitled to charge interest at a rate of 5% above the base interest rate of the European Central Bank from that point onwards. However, claims of the Client to compensation under sentences 1 and 2(a) of section 8(2) of these GTC and under the German Product Liability Act (ProdHaftG) shall only become time-barred after the statutory limitation periods. ELA … 5. In all cases, construction materials and other Goods intended for installation or other processing must be inspected directly prior to processing.
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