Pebble grey, RAL 7032. (4) The Client can only withdraw from or terminate this Agreement due to a breach of duty – unless it is a defect – if we are responsible for the breach. Conclusion of contract (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. Consult contact data, management and financial key figures for Ela Container Belgium (BE 0634.596.368) from Temse (9140). (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. Defects for which the Client is responsible shall be repaired at the expense of the Client. (4) This does not affect the rights of the Client under section 7 of these GTC or our statutory rights, especially if our obligation to perform is excluded (e.g. Kieselgrau, RAL 7032. 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. Sale and/or Delivery – Transactions with Entrepreneurs ELA Container Offshore GmbH was established in 2014 as a response to the special needs of the offshore industry. standard of care in one’s own affairs; immaterial breach of duty), we can only be held liable in cases of ordinary negligence Celosvětově na místě: Společnost ELA Container si cení zákazníků a možnosti být s nimi v osobním kontaktu. 6. If the Client is leasing multiple containers which have been joined together to form a facility, the notice period for termination is two weeks. Rent or buy mobile fully equipped sanitary areas, shower containers or WC containers. If no such agreement exists, the notice period for termination is three days. 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. 7. (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. The European Commission provides an online dispute resolution platform which you can find at http://ec.europa.eu/consumers/odr/. (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. 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. 11. 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. 1. If this is the case, however, we can demand that the Client disclose the assigned claims and debtors to us, provide all necessary information for collecting the accounts receivable, provide the relevant documents and inform the debtors (third parties) of the assignment. 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. 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. If the delivery or sending of the Goods has not been agreed, we shall assume that the Client will collect the Goods. Any other use of the Rented Property requires our consent in writing or text format. In this context, we reserve the right to provide evidence that we have suffered more extensive damage. 2, of the BGB). 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). (2) The Client shall bear the costs of delivery. (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. 3, of the BGB, the general limitation period for claims due to material defects and defects of title is one year as at delivery. (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. The Client is obliged to obtain any official permits required to build and/or operate the Rented Property. (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. (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. Unless stated otherwise in the order, we are entitled to accept this contractual offer within 14 days of receiving it. (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). ELA service. In particular, this applies to permits required to set up the Rented Property on public roads, paths and open spaces. 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. (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. (1) At the request and expense of the Client, we shall deliver or send the Rented Property to a location specified by the Client. This shall apply even if we have sent the Client catalogues, technical documentation (e.g. Otherwise, the statutory regulations concerning service contracts also apply to any agreed acceptance. (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. /service. (4) The Rented Property must be set up at a location agreed between us and the Client. (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. 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. 5. (d) If the realisable value of the collateral exceeds our claims by more than 10 per cent, we shall release collateral at our discretion at the request of the Client. Collection/delivery, transfer of risk, official permits ELA Container Offshore | Offshore modules for rent and sale Mustergrundrisse, Maße und Preise für Container – Stöbern Sie in den Kategorien! Full service 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 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. Last amended: 18.09.2019 The delivered Goods shall remain our property until the payment of all receivables under this Agreement. Komplettservice Mehr erfahren. ELA Container specialises in container-based rooms and buildings to rent or buy in any chosen size and with custom fittings. Applicability and format The Rented Property shall not become part of a plot of land, building or facility and must be separated again upon the termination of the rental agreement. 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. 9. storage costs). 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. 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. 3-metre wide container with extra space and potential savings of up to 25%. Dispute resolution for consumers by issuing an order confirmation) or by delivering and/or assembling/installing the Goods for the Client. A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. 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. 8. More than 45 years of experience. 1, section 438(3) or sections 444 or 445b of the BGB). of doubt as to the identity of the party making the declaration. In this case, the following provisions apply: The 72 m² space contains consultation rooms, a wine bar and an information area with the model of the new houses. ELA Container provides school containers during renovation work. (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. (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. 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. The Client is not entitled to demand a reduction in rent with regard to the latter. In den Kategorien oben und auf der linken Seite finden Sie eine Auswahl an Beispielen mit Preis für Bürocontainer zu kaufen, Wohncontainer und Bürocontainergebäude. Claims based on recourse of the entrepreneur are excluded if the defective Goods have been processed by the Client or another entrepreneur (e.g. 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) Our liability for defects is primarily based on the agreement made concerning the characteristics of the Goods. 1. (5) If damage caused by default or a defect is based on an ordinarily negligent breach of a material contractual duty (i.e. (3) Our GTC apply on an exclusive basis. 2. seizure). MISURE. We reserve the right to file claims for more extensive damage due to default. setting a deadline, reporting a defect, withdrawal or demanding a price reduction) must be made in writing – that is, in writing or text format (e.g. Golden yellow, RAL 1004. 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. 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. 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. (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. 11. This does not affect our liability under section 3 above. Applicability and format (5) Any legally relevant explanations and declarations by the Client with regard to the contract (e.g. The Client does not have a free right of termination (especially under sections 648 and 650 of the BGB). 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). Unless we issue an invoice for the actual transport costs accrued, a fixed rate of €5 per kilometre shall be deemed agreed for transport costs (exclusive of goods in transit insurance). Conclusion of contract ELA Container – Container services for container rental, container hire or container storage for all industries. With regard to traders, this does not affect our entitlement to default interest at the commercial rate (section 353 of the HGB). This does not affect your right to file further claims for compensation in accordance with the following sections. (2) At your discretion, supplementary performance can be the remediation of the defect (subsequent improvement) or the delivery of new Goods. (2) However, if the Good is a building or a thing (e.g. 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. Claims of the Client due to defects 4. 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. ELA Container GmbH has designed modular multi-purpose containers for general offshore use. Please enable cookies in your browser settings. 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. (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. (1) The delivery deadline shall be agreed individually or specified by us when we accept the order. The Rented Property may not be moved to another place of use, especially abroad. 2. by letter, email or fax). If we have such a reservation, we shall declare it upon confirming the order at the latest. (1) Our prices only include delivery and shipping costs if a separate agreement about this has been concluded with you. The same applies if you have claims to compensation instead of performance. (2) Unless agreed otherwise, you must pay the outstanding purchase price in full within 30 days of receiving our invoice. Aktiv an 12 Standorten in ganz Europa. 10. Hydronic. Retention of title 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. 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. 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. Alle Größen realisierbar Mehr erfahren. (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. This does not apply if we are entitled to refuse supplementary performance under the statutory regulations. This does not affect our right to refuse supplementary performance under the statutory provisions. Container 40' box. In all cases, construction materials and other Goods intended for installation or other processing must be inspected directly prior to processing. Claims of the Client due to defects and duty to report defects 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). 2. We shall make the Rented Property available for collection at this date and time. This does not affect any overriding statutory regulations, especially those concerning exclusive responsibilities. Společnost ELA Container je specialista pro prostory a budovy z kontejnerů – v každé požadované velikosti, individuálně vybavené, k nájmu nebo ke koupi. (3) If we are to collect the Rented Property from the Client, we shall do so in coordination with the Client. (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. 5. Operator of the website ela-container.nl and billing address for suppliers: ELA Container GmbH Zeppelinstraße 19 - 21 49733 Haren (Ems), Germany Tel. By developing a system of standardized modules based on DNV 2.7-1 … 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. Applicability and contractual bases Limitation period We can also be held liable on the basis of a guarantee of quality and/or durability, provided that we have made such a guarantee with regard to the delivered item. If supplementary performance fails, you shall be entitled, at your discretion, to demand a reduction in the purchase price or withdraw from the contract.