6. Demanding the return of the Goods does not also represent withdrawal; we are entitled to merely demand the return of the Goods and remain party to the contract. General Terms and Conditions S 35 000 kontejnery, 900 zaměstnanci a 17 pobočkami po celém světě se společnost ELA Container v Německu vyvinula do jednoho z vedoucích poskytovatelů vysoce kvalitních a flexibilních prostorových modulů. (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. 10. However, the Client has no right of withdrawal if the defect is negligible. We are entitled to visit and perform a technical inspection of the Rented Property at any time or have this carried out by a third party. The introduction of the CP software was prompted by the company’s development. Společnost ELA Container je specialista pro prostory a budovy z kontejnerů – v každé požadované velikosti, individuálně vybavené, k nájmu nebo ke koupi. Nákupní kontejner. Calorifiers with extractable heat exchangers for sanitary hot water. Sale and/or Delivery – Transactions with Entrepreneurs In particular, we can terminate the rental agreement for cause if - the Client defaults on payment of an amount equivalent to at least two fee payments enforcement measures are implemented against the Client - the Client becomes insolvent or over-indebted or is facing imminent insolvency in the sense of section 17 ff. (5) Any legally relevant explanations and declarations by the Client with regard to the contract (e.g. More than 45 years of experience. :+49 5932 5060 Fax: +49 (0)5932 506-10 E-Mail: info@ela-container.nl Managing partners: Tim Albers, Dipl.-Kfm. The duties of the Client described in paragraph 2 also apply with regard to the assigned receivables. ELA Container Offshore produces stand-alone offshore containers for rent and sale to be used on rigs, transformer platforms and on all kind of seagoing vessels, pontoons and barges. You shall also be entitled to offset against our claims if you report defects or file counterclaims under the same purchase contract. 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). 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). Alle Größen realisierbar Mehr erfahren. ELA Container Offshore has already gained diverse experience in the Offshore-Wind and Offshore Oil & Gas Industry. All sizes can be realized More info. standard of care in one’s own affairs; immaterial breach of duty), we can only be held liable in cases of ordinary negligence (3) The purchase price is payable immediately within seven days of the invoice date and of the delivery and acceptance of the Goods. Rent a mobile container workshop: 30 or 45 m² with workbench. Collection/delivery, transfer of risk, official permits If the service is unavailable even within the new delivery deadline, we shall be entitled to withdraw from the Agreement either fully or in part; we shall refund any consideration provided by the Client immediately. Any other use of the Rented Property requires our consent in writing or text format. Schnelle Lieferung Mehr erfahren. Golden yellow, RAL 1004. With regard to traders, this does not affect our entitlement to default interest at the commercial rate (section 353 of the HGB). (2) In particular, these GTC apply to contracts concerning the sale and/or delivery of goods (the ‘Goods’), as well as the assembly and/or installation thereof. Applicable law and place of jurisdiction (5) If the Client continues to use the Rented Property after the end of the rental or if we are unable to collect the Rented Property due to culpability on the part of the Client, we shall be entitled to compensation equal to the rent and other incurred costs for the period of use or the duration of the circumstances preventing collection by us. Aktiv an 15 Standorten in ganz Europa. setting a deadline, reporting a defect, withdrawal, demanding a price reduction or termination) must be made in writing – that is, in written or text format (e.g. During supplementary performance, you are not entitled to lower the purchase price or withdraw from the contract. 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. While the Client is in default, interest shall be charged on the purchase price at the applicable statutory default interest rate. ELA Container provides school containers during renovation work. 4. (2) Unless agreed otherwise in writing on a case-by-case basis, the minimum rental period is 30 days. (10) If supplementary performance fails or if a reasonable deadline for supplementary performance that has to be set by the Client expires fruitlessly or is unnecessary under the statutory regulations, the Client can withdraw from the purchase contract or demand a reduction in the purchase price. 8. If the Client fails to pay the outstanding purchase price, we may only exercise these rights if we have fruitlessly set the Client a reasonable payment deadline already or if the setting of such a deadline is not necessary under the statutory regulations. (2) Our liability for defects is primarily based on the agreement made concerning the characteristics of the Goods. A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. Please enable cookies in your browser settings. (6) If a third party should seize the Rented Property, exercise any other rights or take possession of the Rented Property, the Client is obliged to notify us immediately in writing, at the very least, notify the third party in writing of our status as the owner in advance and send us the notification within three days. Delivery and performance time (1) Our delivery deadlines or times are exclusively non-binding information unless they have been expressly agreed as binding between us and you. Über 45 Jahre Erfahrung. Rent mobile sanitary containers, fully equipped with basic first-aid equipment. (2) However, if the Good is a building or a thing (e.g. seizure). 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. has put the delivered system into operation) and, in this case, six working days have passed since the delivery or installation - the Client refrains from accepting the Goods within this period of time for a reason other than a defect reported to us which rendered the use of the Goods impossible or impeded it significantly. 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. In cases of defective delivery, this does not affect the opposing rights of the Client, especially under sentence 2 of section 7(6) of these GTC. (2) The Client placing an order for the Goods shall count as a binding contractual offer. by issuing an order confirmation) or by delivering and/or assembling/installing the Rented Property for the Client. The same applies if the Client is an entrepreneur in the sense of section 14 of the BGB. (3) We can declare acceptance either in writing (e.g. 7. We are entitled to provide evidence of more extensive damage, and our statutory rights (especially to the reimbursement of additional expenditure, reasonable compensation and termination) remain unaffected; however, the fixed compensation is to be counted towards further pecuniary claims. Kompaktní prodejní kontejner pro každý účel- okamžitě připravený k použití. You shall only be entitled to offset against our claims if your claims have been recognised by final judgement, if we have recognised them or if they are undisputed. Additionally, in this case, we are entitled to revoke the authority of the Client to continue selling or processing the Goods subject to retention of title. 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. Pebble grey, RAL 7032. Retention of title If the Rented Property is purchased by the Client during or after the rental, the Rented Property shall remain our property until the outstanding purchase price is paid in full, including all accounts receivable in close connection with the purchase price. Otherwise, the same applies to the created result as to the Goods delivered subject to retention of title. (4) The claims of the Client relating to defects require the Client to have fulfilled its statutory duties to inspect the Goods and report defects (sections 377 and 381 of the HGB). (2) The risk of accidental destruction or degradation of the Goods shall transfer to the Client when the Client receives the Goods at the latest. The Client may provide evidence that we have suffered significantly less damage than the above lump sum or no damage at all. (2) Four weeks after the expiry of a non-binding delivery deadline or a nonbinding delivery date, you can call on us in writing to deliver within a reasonable period of time. (6) Both parties are entitled to terminate the rental agreement with immediate effect for cause if the other party commits such a serious breach of its contractual obligations that it becomes unreasonable for the other party to continue the rental relationship. Otherwise, we can demand the reimbursement of the costs incurred by the unfounded request for remediation of a defect (especially the costs of transport and inspection) by the Client unless the non-existence of the defect could not have been discerned by the Client. (2) If the Client is an entrepreneur in the sense of the German Commercial Code (HGB), a corporate body under public law or a special fund under public law, the place of exclusive jurisdiction – even internationally – for all disputes arising directly or indirectly from the contractual relationship is our registered office in 49733 Haren, Germany. 3-metre wide container with extra space and potential savings of up to 25%. (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. (4) Individual agreements concluded with the Client on a case-by-case basis (including collateral agreements, supplements and amendments) always have priority over these GTC. Kvalitní univerzální kontejner T-ACH. storage costs). Unless stated otherwise in the order, we are entitled to accept this contractual offer within 14 days of receiving it. Planning advantages of 3-metre containers, Educational institutions and day-care centres, Educational institutions and daycare centres. (1) The Client is obliged to return the Rented Property, including any and all accessories, in a good, clean and well-swept condition. This does not affect our right to refuse supplementary performance under the statutory provisions. to manage a modern parking facility. (5) 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 may provide evidence that we have suffered significantly less damage than the above lump sum or no damage at all. 12. Term of the rental relationship and termination (1) The rental shall start on the agreed date; otherwise, if the Rented Property is delivered at a later date than the agreed start of the rental due to circumstances for which we were responsible, the rental shall start when the Rented Property is actually delivered. (4) We are entitled to carry out partial deliveries and perform partial services at all times, provided that it is reasonable for you. ELA Container Offshore | Offshore modules for rent and sale If the Client fails to duly inspect the Goods and/or report a defect, we cannot be held liable for the defect that was not reported, not reported punctually or not duly reported in accordance with the statutory provisions. We are entitled to provide evidence of more extensive damage and our statutory rights (especially to the reimbursement of additional expenditure, reasonable compensation and termination) remain unaffected; however, the fixed compensation is to be counted towards further pecuniary claims. ELA Container Offshore GmbH was founded in 2014 and has been offering containerised accommodation solutions … Prices and conditions of payment You must have JavaScript enabled to use this form. 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. promotional statements) to which the Client has made no reference to us as being decisive factors in its purchase. 5. DE EN CH PL NL BE RU CZ FR Contact Hotline +49 5932 506-0 Home Celosvětově na místě: Společnost ELA Container si cení zákazníků a možnosti být s nimi v osobním kontaktu. Container 40' box. 9. If we are to deliver a replacement, the Client must return the defective item to us in accordance with the statutory regulations. storage costs). Sale and Delivery – Transactions with Consumers Claims based on recourse of the entrepreneur are excluded if the defective Goods have been processed by the Client or another entrepreneur (e.g. Where acceptance has been agreed, it shall be authoritative with regard to the transfer of risk. (1) At the request and expense of the Client, we shall deliver or send the Rented Property to a location specified by the Client. If the Client defaults in acceptance, this shall also count as a transfer of the Rented Property to the Client. Furthermore, we can be held liable under the statutory provisions for other damage based on an intentional or grossly negligent breach of contract or deceitfulness by us, our legal representatives or our vicarious agents. Dispute resolution for consumers They do not apply if we maliciously conceal a defect or guarantee the characteristics of the Goods, or to claims of the Client under the German Product Liability Act (ProdHaftG). 11. 1. (1) Our offers are non-binding and without obligation. 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. This does not affect our liability under section 3 above. (3) You can only file claims for compensation due to a defect if the supplementary performance fails. In this regard, we shall charge a fixed rate of compensation of €10 per container per calendar day, beginning with the delivery deadline or – if there is no delivery deadline – upon issuance of the notice that the Goods are ready to be shipped. Rent or buy container rooms with ease. by issuing an order confirmation) or by delivering and/or assembling/installing the Goods for the Client. (2) The Client shall bear the costs of delivery. 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. Komplettservice Mehr erfahren. The term of the rental shall be extended by the time required for the cleaning or repair work. Heat Pump Water Heaters. The 72 m² space contains consultation rooms, a wine bar and an information area with the model of the new houses. By receiving the Rented Property without raising an objection, the Client recognises that the Rented Property is operational and free from defects. 5. Are data transferred to or collected by third parties? Kostenfreie Planung Mehr erfahren. If we fail to meet the subsequent deadline, you shall be entitled to withdraw from the purchase contract. If we culpably fail to meet a delivery deadline or date that has been expressly agreed as binding or if we otherwise default, you must set us a reasonable subsequent deadline for us to perform our service. For a sale by delivery, however, the risk of accidental destruction or degradation of the Goods, as well as the risk of default, shall transfer to the carrier, freight forwarder or other party/establishment engaged to carry out delivery once the Goods are shipped. 10. (3) The limitations of liability set out in paragraph 2 also apply to breaches of duty by and/or for the benefit of persons for whose culpability we must take responsibility in accordance with the statutory regulations. module rooms on a regular basis, usually in order to bridge construction or conver-sion phases. Any deviating, conflicting or supplementary general terms and conditions of the Client shall only be a contractual component if we expressly consent to their applicability. (3) These limitation periods of purchasing law also apply to contractual and non-contractual claims of the Client to compensation which are based on a defect in the Goods unless the application of the standard statutory limitation period (sections 195 and 199 of the BGB) would result in a shorter limitation period on a case-by-case basis. (1) Upon delivery, the Client is obliged to inspect the Rented Property to ensure that it is operational and free from defects and to report any defects immediately. 11. General Terms and Conditions The Client shall bear the costs of delivery as well as any customs, fees, taxes and other public duties. Pebble grey, RAL 7032. PESO. As the Client, you may only exercise a right of retention if your counterclaim is based on the same purchase contract. (5) If the delivered item is defective, we can initially choose to provide supplementary performance by remedying the defect (subsequent improvement) or to deliver a non-defective item (delivery of a replacement). Return of the Rented Property 2, of the BGB). (2) Unless agreed otherwise, you must pay the outstanding purchase price in full within 30 days of receiving our invoice. of the German Insolvency Statute (InsO) - the Client uses the Rented Property in a technically damaging or other significantly noncontractual manner despite having received a warning from us - the Client transfers the Rented Property to third parties without authorisation or moves it to a location that had not been agreed contractually. Brochures Data sheets ELA news Certificates IT support. 7. Last amended: 18.09.2019 Leasing and Delivery – Transactions with Entrepreneurs (3) The Client is obliged to duly insure the Rented Property against destruction, damage, loss and theft. (4) In accordance with the statutory provisions, we can be held liable for injuries to life, limb or health resulting from a culpable breach of duty by us, our legal representatives or our vicarious agents. 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. ELA … (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. (2) Each instalment of rent is payable in advance by the third day of the month. Defects for which the Client is responsible shall be repaired at the expense of the Client. (5) If the Rented Property is combined with land or another building or facility, it shall only be for a temporary purpose in accordance with section 95 of the BGB. 3. (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. Prices and payment We are not obliged and generally not prepared to participate in a dispute resolution procedure before an arbitration committee.
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