Otherwise, the statutory requirements and legal consequences shall apply. (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. 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. ELA service. (4) We are entitled to carry out partial deliveries and perform partial services at all times, provided that it is reasonable for you. drawings, plans, calculations or references to DIN standards), other product descriptions or documents – including in electronic formats – to Rights in cases of default and defects; liability Liesel Albers-Bentlage Günter Albers, Betriebswirt (HWF) (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. (1) The Client is obliged to return the Rented Property, including any and all accessories, in a good, clean and well-swept condition. (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). (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. (3) Whether or not we are in default on delivery shall be determined by the statutory provisions. 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. (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. The European Commission provides an online dispute resolution platform which you can find at http://ec.europa.eu/consumers/odr/. Dispute resolution for consumers (3) The Client is obliged to duly insure the Rented Property against destruction, damage, loss and theft. The 72 m² space contains consultation rooms, a wine bar and an information area with the model of the new houses. a) for damage resulting from injury to life, limb or health, 10. (3) Beyond claims to reductions in rent due to defects recognised by us, and unless provided for otherwise below, the Client is not entitled to claim compensation. 8. 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. However, even as part of an ongoing business relationship, we are entitled to only carry out a delivery, either fully or in part, in exchange for payment in advance at any time. MISURE. 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. 2. If we are to deliver a replacement, the Client must return the defective item to us in accordance with the statutory regulations. 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. At the request of the Client, we shall release the collateral in so far as the value of the collateral is always more than 10 per cent higher than that of the accounts receivable. (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. 1. The specifics are described in the privacy policy on our website www.ela-container.com. Interne. Return of the Rented Property (1) We reserve ownership of the sold Goods until the full payment of all current and future accounts receivable arising from the purchase agreement and an ongoing business relationship (secured claims). We shall make the Rented Property available for collection at this date and time. Data protection construction material) that has been used for a building in accordance with the normal way it is used and has resulted in the defectiveness of the building, the statutory limitation period shall be five years as at delivery (section 438(1), no. Applicability and format ELA Container is a dynamic enterprise that is expanding and incorporating new companies all the time. We reserve the right to file claims for more extensive damage due to default. Hydronic. Where acceptance is to take place, the Goods shall be deemed accepted when - the delivery and installation – if we are also obliged to carry out installation – are complete - we have notified the Client thereof and made reference to this deemed acceptance clause - 12 working days have passed since the delivery or installation or the Client has started to use the Goods (e.g. (2) If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (non-availability of the service), we shall notify the Client without undue delay and communicate the new expected delivery deadline. Sale and Delivery – Transactions with Consumers /service. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. (3) We can declare acceptance either in writing (e.g. More than 45 years of experience. “More and more municipalities are looking to cover their spatial require-ments in a modern, flexible and economic fashion,” Wolf explains. module rooms on a regular basis, usually in order to bridge construction or conver-sion phases. By developing a system of standardized modules based on DNV 2.7-1 … Or for other companies in the sector Containers, manufacturing, repair, sale & … 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. Retention of title 4. However, the Client has no right of withdrawal if the defect is negligible. 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). 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). In this context, we reserve the right to provide evidence that we have suffered more extensive damage. 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. 650 Mitarbeiter. (9) In urgent cases (e.g. Premium container. Object of the Agreement, Rented Property Brochures Data sheets ELA news Certificates IT support. Prices and payment Subject to the statutory limitations of liability (e.g. (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. 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. Offsetting and right of retention which we retain the property and intellectual property rights. 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. If the delivery or sending of the Goods has not been agreed, we shall assume that the Client will collect the Goods. If the Client defaults in acceptance, this shall also count as a transfer of the Rented Property to the Client. The Client shall bear any customs, fees, taxes and other public duties. 4. (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. (2) However, if the Good is a building or a thing (e.g. Multifuel Energy Cylinders. /service. Fast delivery More info. 11. (3) Images or drawings contained in our brochures, advertisements and other offer documents are only approximately definitive unless we have expressly designated the information contained therein as binding. ELA Container Offshore GmbH is part of a family owned and operated group of businesses with over 950 employees and operating a fleet in excess of 40,000 container modules. The same applies if you have claims to compensation instead of performance. 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. Otherwise, the same applies to the created result as to the Goods delivered subject to retention of title. Aktiv an 15 Standorten in ganz Europa. (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. Über 45 Jahre Erfahrung. (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). if operational safety is at risk or in order to avoid disproportionate damage), the Client is entitled to remedy the defect itself and demand that we reimburse the costs that were objectively necessary. (3) For incomplete months, billing shall be based on the qualifying date, taking the day on which the rental ended into full account. (2) The Client is obliged to treat the Rented Property with care and perform maintenance of which it is made aware. 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) If we are to collect the Rented Property from the Client, we shall do so in coordination with the Client. (1) Our prices only include delivery and shipping costs if a separate agreement about this has been concluded with you. (8) The Client shall bear the costs of transporting and loading the Rented Property and for maintaining and operating the Rented Property during the term of rental. Applicable law and place of jurisdiction This does not affect any forms or any other evidence required by law, especially in cases of doubt as to the identity of the party making the declaration. In this sense, the service can be considered unavailable if, in particular, we are not punctually supplied by our supplier, we have concluded a congruent covering transaction, neither we nor our supplier is culpable or we are not obliged to procure the Goods in the specific case in question. Double Walled Tank in Tanks. Any other use of the Rented Property requires our consent in writing or text format. without your consent, to third parties. Last amended: 18.09.2019 (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. ELA Container Offshore GmbH produces stand-alone offshore containers for sale and rent to be used on rigs, transformer platforms and all kind of seagoing vessels, pontoons and barges. As the Client, you may only exercise a right of retention if your counterclaim is based on the same purchase contract. 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. A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. Buffer Tanks. 5. (5) If damage caused by default or a defect is based on an ordinarily negligent breach of a material contractual duty (i.e. If supplementary performance fails, you shall be entitled, at your discretion, to demand a reduction in the purchase price or withdraw from the contract. (2) Each instalment of rent is payable in advance by the third day of the month. Applicability and format Rent mobile sanitary containers, fully equipped with basic first-aid equipment. by issuing an order confirmation) or by delivering and/or assembling/installing the Goods for the Client. (5) Any legally relevant explanations and declarations by the Client with regard to the contract (e.g. Are data transferred to or collected by third parties? If damage occurs because the quality or durability guaranteed by us is lacking, yet the damage does not occur directly to the items delivered by us, we can only be held liable if the risk of such damage is clearly encompassed by our guarantee or quality and durability. You must have JavaScript enabled to use this form. ELA Container provides school containers during renovation work. (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, especially the UN Convention on Contracts for the International Sale of Goods. storage costs). (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. Mobile Container-Werkstatt mieten: 30 oder 45 m² optional mit Werkbank. (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. (3) Our GTC apply on an exclusive basis. 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. You shall also be entitled to offset against our claims if you report defects or file counterclaims under the same purchase contract. (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) 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 must notify us immediately – in advance, if possible – of any such independent action. (2) Any and all defects arising during the term of rental must be reported to us immediately. This does not affect any forms or any other evidence required by law, especially in cases During supplementary performance, you are not entitled to lower the purchase price or withdraw from the contract. For delivery, we are entitled to choose the method of shipment (especially the carrier and dispatch route) at our own discretion. Otherwise, the statutory regulations concerning service contracts also apply to any agreed acceptance. Please enable cookies in your browser settings. of doubt as to the identity of the party making the declaration. Prices and conditions of payment If acceptance has been agreed, the limitation period shall commence upon acceptance. The Client shall bear the costs of delivery as well as any customs, fees, taxes and other public duties. Free planning More info. (1) We shall be obliged to provide supplementary performance if the delivered item does not have the characteristics agreed between us and you, if it is not suitable for the use required under our contract or use in general or if it does not have the characteristics you were able to expect from our public statements. Where acceptance has been agreed, it shall be authoritative with regard to the transfer of risk. (2) The risk of accidental destruction or degradation of the Rented Property shall transfer to the Client when the Client receives the Rented Property at the latest. Everything stored securely: Rent or buy new and used storage and workshop containers. However, the Client is entitled to withhold a reasonable portion of the purchase price relative to the defect. ELA Container Offshore | Offshore modules for rent and sale Mustergrundrisse, Maße und Preise für Container – Stöbern Sie in den Kategorien! (2) The Client shall bear the costs of delivery. (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. Conclusion of contract Our contract is subject to the law of the Federal Republic of Germany. (2) Until all secured receivables have been paid in full, the Goods subject to retention of title may not be pledged or provided as collateral to third parties. This does not apply if we are entitled to refuse supplementary performance under the statutory regulations. This shall apply even if we have sent the Client catalogues, technical documentation (e.g. (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. (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. 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. (4) At its own expense, the Client shall obtain all official permits required to operate and/or procure the containers. We shall make the Goods available for collection at this date and time. 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. The Client does not have a free right of termination (especially under sections 648 and 650 of the BGB). PESO. Schnelle Lieferung Mehr erfahren. Retention of title 3-metre wide container with extra space and potential savings of up to 25%. 26740-26850 kg. 1, section 438(3) or sections 444 or 445b of the BGB). DE EN CH PL NL BE RU CZ FR Contact Hotline +49 5932 506-0 Home by letter, email or fax). Rent a mobile container workshop: 30 or 45 m² with workbench. (7) The Client shall provide any necessary supply and disposal connections. _________________________. If any of these events should occur, the Client must notify us without undue delay. Delivery deadline and default (5) Any legally relevant explanations and declarations by the Client with regard to the contract (e.g. We hereby accept the assignment. The specifics are described in the privacy policy on our website www.ela-container.com. Kontejner ELA T-ACH odpovídá vysokým standardům kvality: … ELA Container gatekeeper offices assist the work of parking attendants: they’re compact, air-conditioned and kitted out with everything that’s needed . The Client may provide evidence that we have suffered significantly less damage than the above lump sum or no damage at all. (1) The delivery deadline shall be agreed individually or specified by us when we accept the order.