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. Aktiv an 15 Standorten in ganz Europa. We reserve the right to file claims for more extensive damage due to default. (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. If processing, mixing or combining with third-party goods results in the continued existence of their ownership rights, we shall obtain proportionate joint ownership based on the invoice values of the processed, mixed or combined goods. Object of the Agreement, Rented Property (1) These General Terms and Conditions (GTC) apply to all of our business relationships with our customers (‘Clients’) if they are entrepreneurs (in the sense of section 14 of the German Civil Code (BGB)), corporate bodies under public law or special funds under public law. (9) In urgent cases (e.g. 6. (2) If contamination or damage for which the Client is responsible is identified when the Rented Property is returned or if the Rented Property is deemed to be in need of maintenance, the Client is obliged to bear the resulting costs. The duties of the Client described in paragraph 2 also apply with regard to the assigned receivables. This does not affect any overriding statutory regulations, especially those concerning exclusive responsibilities. ELA Container gatekeeper offices assist the work of parking attendants: they’re compact, air-conditioned and kitted out with everything that’s needed . 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). a) for damage resulting from injury to life, limb or health, The Client shall bear the costs of delivery as well as any customs, fees, taxes and other public duties. 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. (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). 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. Golden yellow, RAL 1004. (2) The Client is obliged to treat the Rented Property with care and perform maintenance of which it is made aware. Retention of title Please enable cookies in your browser settings. 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. If the Client is leasing multiple containers which have been joined together to form a facility, the notice period for termination is two weeks. The Client undertakes to make reasonable advance payments towards these costs. 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. 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. (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. Unless we were originally obliged to carry out the installation, supplementary performance shall not entail the disassembly of the defective item or re-installation. The Client is obliged to obtain any official permits required to build and/or operate the Rented Property. 1. Liesel Albers-Bentlage Günter Albers, Betriebswirt (HWF) Last amended: 18.09.2019 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. If no such agreement exists, the notice period for termination is three days. 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. 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. With regard to traders, this does not affect our entitlement to default interest at the commercial rate (section 353 of the HGB). All sizes can be realized More info. 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. (1) These General Terms and Conditions (GTC) apply to all of our business relationships with our lessees (‘Clients’) if they are entrepreneurs (in the sense of section 14 of the German Civil Code (BGB)), corporate bodies under public law or special funds under public law. by issuing an order confirmation) or by delivering and/or assembling/installing the Rented Property for the Client. In the event of delivery, we are entitled to choose the method of shipment (especially the carrier and dispatch route) at our own discretion. 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. 26740-26850 kg. These containers are similar concerning the structure and the main outfitting but can be equipped for differently for following purposes: office, dining room, locker room, 2 … 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. (2) The Client placing an order for the Rented Property shall count as a binding contractual offer. Your browser seems to have cookies disabled. Interne. storage costs). 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). Container 40' box. 2, of the BGB). (2) Unless agreed otherwise in writing on a case-by-case basis, the minimum rental period is 30 days. Other liability By receiving the Rented Property without raising an objection, the Client recognises that the Rented Property is operational and free from defects. 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. The Client may provide evidence that we have suffered significantly less damage than the above lump sum or no damage at all. (3) For incomplete months, billing shall be based on the qualifying date, taking the day on which the rental ended into full account. (4) Until its authority is revoked in accordance with item (c) below, the Client is entitled to resell and/or process the Goods subject to retention of title as part of the normal course of business. Are data transferred to or collected by third parties? Alle Größen realisierbar Mehr erfahren. A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. Download. Everything stored securely: Rent or buy new and used storage and workshop containers. (1) Our prices only include delivery and shipping costs if a separate agreement about this has been concluded with you. Brochures Data sheets ELA news Certificates IT support. (3) The purchase price is payable immediately within seven days of the invoice date and of the delivery and acceptance of the Goods. 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. 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. to manage a modern parking facility. without your consent, to third parties. The Rented Property may not be moved to another place of use, especially abroad. (1) Delivery shall be made ex stock; this is also the place of fulfilment for the service and any supplementary performance. The Client may provide evidence that we have suffered significantly less damage than the above lump sum or no damage at all. In all cases, construction materials and other Goods intended for installation or other processing must be inspected directly prior to processing. If the delivery or sending of the Goods has not been agreed, we shall assume that the Client will collect the Goods. Otherwise, the same applies to the created result as to the Goods delivered subject to retention of title. Other liability drawings, plans, calculations or references to DIN standards), other product descriptions or documents – including in electronic formats – to 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. 1. Multifuel Energy Cylinders. 9. 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. (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. (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. the ordinarily negligent breach of a duty which must be fulfilled in order to permit the due execution of the contract and on the fulfilment of which you normally can rely), our liability shall be limited to the typical foreseeable damage as at the conclusion of the contract. If we attempt to carry out subsequent improvement twice to no avail, it shall be deemed a failure. ELA … (3) Our GTC apply on an exclusive basis. (3) If we are to collect the Rented Property from the Client, we shall do so in coordination with the Client. 11. 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. Return of the Rented Property (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. Über 45 Jahre Erfahrung. (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. Pebble grey, RAL 7032. SITA Airport IT GmbH also recently made . We reserve the right to file claims for more extensive damage due to default. (2) Any and all defects arising during the term of rental must be reported to us immediately. This does not affect any other special statutory provisions concerning limitation (especially section 438(1), no. /service. The same applies if the Client is an entrepreneur in the sense of section 14 of the BGB. The Client is not entitled to demand a reduction in rent with regard to the latter. Rent or buy mobile fully equipped sanitary areas, shower containers or WC containers. 8. (8) If a defect actually exists, we shall bear or reimburse the necessary costs of the inspection and supplementary performance, especially the costs of transport, infrastructure, labour and materials, as well as any disassembly and installation costs, in accordance with the statutory regulations. In any case, however, a reminder is required from the Client. ELA Container is a dynamic enterprise that is expanding and incorporating new companies all the time. The same applies if you have claims to compensation instead of performance. (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. Free planning More info. This does not affect any overriding statutory regulations, especially those concerning exclusive responsibilities. 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 same applies if the Client is an entrepreneur in the sense of section 14 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. 8. Domestic Hot Water Accumulation Tanks. In the case of a sale by delivery, the Client shall bear the costs of transportation ex stock and the costs of any Goods in transit insurance desired by the Client. ELA Container – Container services for container rental, container hire or container storage for all industries. (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). Nákupní kontejner. (b) The Client hereby assigns us all receivables from third parties resulting from the reselling of the Goods or resulting, or in the amount of any percentage of joint ownership we have in line with the paragraph above, as collateral. Aktiv an 12 Standorten in ganz Europa. (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. ELA Container GmbH has designed modular multi-purpose containers for general offshore use. Applicability and contractual bases 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. (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. 1. 650 Mitarbeiter. /service. seizure). The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. You must have JavaScript enabled to use this form. Mustergrundrisse, Maße und Preise für Container – Stöbern Sie in den Kategorien! If acceptance has been agreed, the limitation period shall commence upon acceptance. (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. storage costs). Otherwise, the statutory requirements and legal consequences shall apply. Rent a mobile container workshop: 30 or 45 m² with workbench. (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. (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. 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. ELA Container is thereby supporting the sales activities of our customer until next year,” explains ELA Area Sales Manager Oliver Kölblin. The Client must notify us immediately – in advance, if possible – of any such independent action. Collection/delivery, transfer of risk, official permits use of ELA’s handy room solutions. If supplementary performance fails, you shall be entitled, at your discretion, to demand a reduction in the purchase price or withdraw from the 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. As the Client, you may only exercise a right of retention if your counterclaim is based on the same purchase contract. The rental relationship may not be duly terminated before it starts. 1, section 438(3) or sections 444 or 445b of the BGB). (4) The Rented Property must be set up at a location agreed between us and the Client. Über 45 Jahre Erfahrung. The European Commission provides an online dispute resolution platform which you can find at http://ec.europa.eu/consumers/odr/. Mobile Container-Werkstatt mieten: 30 oder 45 m² optional mit Werkbank. 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. We shall make the Rented Property available for collection at this date and time. If any of these events should occur, the Client must notify us without undue delay. (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, sale transactions are subject to our General Terms and Conditions of Sales to Entrepreneurs. ELA Container specialises in container-based rooms and buildings to rent or buy in any chosen size and with custom fittings. The same applies if insolvency proceedings are initiated in connection with the assets of the Client. Applicability and format In this case, the following provisions apply: Between 2004 and 2010, the specialist in mobile housing grew from around 180 employees to a headcount of 300. by letter, email or fax). Esterne. 12. In particular, this applies to permits required to set up the Rented Property on public roads, paths and open spaces. (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. Applicable law and place of jurisdiction (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. 5. (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. Double Walled Tank in Tanks. Sale and Delivery – Transactions with Consumers 3, of the BGB, the general limitation period for claims due to material defects and defects of title is one year as at delivery. Inertial tanks. This does not affect any forms or any other evidence required by law, especially in cases 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. promotional statements) to which the Client has made no reference to us as being decisive factors in its purchase. Limitation period (2) Each instalment of rent is payable in advance by the third day of the month. In den Kategorien oben und auf der linken Seite finden Sie eine Auswahl an Beispielen mit Preis für Bürocontainer zu kaufen, Wohncontainer und Bürocontainergebäude. 4. 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. 6. The term of the rental shall be extended by the time required for the cleaning or repair work. (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. Unless stated otherwise in the order, we are entitled to accept this contractual offer within 14 days of receiving it. 5. (4) The notice of termination must be sent to us at least in text format or by email: info@ela-container.uk. (5) Any legally relevant explanations and declarations by the Client with regard to the contract (e.g. Subject to the statutory limitations of liability (e.g. (1) The Client undertakes to only use the Rented Property for the contractually agreed purpose. (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. 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. Any other use of the Rented Property requires our consent in writing or text format. (4) At its own expense, the Client shall obtain all official permits required to operate and/or procure the containers.
Stellungnahme Dienstliche Beurteilung Muster, Gigabyte Aorus X570 Master Bios, Asus A53s öffnen, Asus Rog Strix R9 390 8gb, Inselstaat Der Usa,
Add Comment