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/service. Planning advantages of 3-metre containers, Educational institutions and day-care centres, Educational institutions and daycare centres. Offsetting and right of retention Buffer Tanks. Rent a mobile container workshop: 30 or 45 m² with workbench. Planning advantages of 3-metre containers, Educational institutions and day-care centres, Educational institutions and daycare centres. (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. General Terms and Conditions 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. (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. If we are to deliver a replacement, the Client must return the defective item to us in accordance with the statutory regulations. (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. (4) The notice of termination must be sent to us at least in text format or by email: info@ela-container.uk. Where acceptance has been agreed, it shall be authoritative with regard to the transfer of risk. If the Client defaults in acceptance, this shall also count as a transfer of the Goods to the Client and acceptance by the Client. Delivery deadline and default promotional statements) to which the Client has made no reference to us as being decisive factors in its purchase. While the Client is in default, interest shall be charged on the purchase price at the applicable statutory default interest rate. ELA service. By developing a system of standardized modules based on DNV 2.7-1 … 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. In this case, the following provisions apply: Last amended: 18.09.2019 (2) The Client placing an order for the Goods shall count as a binding contractual offer. Other liability 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. Esterne. The specifics are described in the privacy policy on our website www.ela-container.com. 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. (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. (1) Unless agreed otherwise on a case-by-case basis, our current prices apply – ex stock and plus VAT – as at the conclusion of the contract. (1) Our offers are non-binding and without obligation. A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. Otherwise, the statutory regulations concerning service contracts also apply to any agreed acceptance. Collection/delivery, transfer of risk, official permits 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. In all cases, the special statutory provisions concerning the delivery of unprocessed Goods to a consumer are not affected, even if the consumer has processed them (recourse of the entrepreneur pursuant to section 478 of the BGB). Otherwise, the statutory requirements and legal consequences shall apply. (5) If damage caused by default or a defect is based on an ordinarily negligent breach of a material contractual duty (i.e. Operator of the website ela-container.nl and billing address for suppliers: ELA Container GmbH Zeppelinstraße 19 - 21 49733 Haren (Ems), Germany Tel. Pebble grey, RAL 7032. Free planning More info. If we attempt to carry out subsequent improvement twice to no avail, it shall be deemed a failure. (3) Whether or not we are in default on delivery shall be determined by 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. Prices and conditions of payment For delivery, however, the risk of accidental destruction or degradation of the Rented Property, 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 Rented Property is shipped. Collection/delivery, transfer of risk, acceptance, default of acceptance, official permits 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. In this regard, you must set us a reasonable deadline for supplementary performance. SITA Airport IT GmbH also recently made . The specifics are described in the privacy policy on our website www.ela-container.com. We are not obliged and generally not prepared to participate in a dispute resolution procedure before an arbitration committee. by issuing an order confirmation) or by delivering and/or assembling/installing the Rented Property for the Client. a) for damage resulting from injury to life, limb or health, Kvalitní univerzální kontejner T-ACH. storage costs). Fast delivery More info. Kontejner ELA T-ACH odpovídá vysokým standardům kvality: … 1. 8. ELA Container creates kindergartens in . Rent mobile sanitary containers, fully equipped with basic first-aid equipment. without your consent, to third parties. ELA Container Offshore GmbH was founded in 2014 and has been offering containerised accommodation solutions … /service. Über 45 Jahre Erfahrung. Calorifiers for heat pumps. 3630-3740 kg. 10. 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. 9. Aktiv an 15 Standorten in ganz Europa. 7. 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. 4. 3-metre wide container with extra space and potential savings of up to 25%. due to the impossibility or unreasonable nature of performance and/or supplementary performance). 4. 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. (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. Celosvětově na místě: Společnost ELA Container si cení zákazníků a možnosti být s nimi v osobním kontaktu. ELA Container is the European specialist for mobile room solutions in container … (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. Limitation period Mobile Offshore Accommodation Container for Rent and Sale Společnost ELA Container je specialista pro prostory a budovy z kontejnerů – v každé požadované velikosti, individuálně vybavené, k nájmu nebo ke koupi. (1) The Client undertakes to only use the Rented Property for the contractually agreed purpose. 11. Consult contact data, management and financial key figures for Ela Container Belgium (BE 0634.596.368) from Temse (9140). 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. 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). Return of the Rented Property by issuing an order confirmation) or by delivering and/or assembling/installing the Goods for the Client. 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. We undertake not to collect the receivables as long as the Client fulfils its payment obligations towards us, its liquidity is not impaired in any way, and we do not claim the retention of title by exercising a right as described in paragraph 3. 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. Unless stated otherwise in the order, we are entitled to accept this contractual offer within 14 days of receiving it. (2) The Client placing an order for the Rented Property shall count as a binding contractual offer. However, the Client is entitled to withhold a reasonable portion of the purchase price relative to the defect. 8 9 A special ELA container facility for a strong partner in Scotland: the Texo Group is a specialist for engineering, technology and personnel services. The Client may provide evidence that we have suffered significantly less damage than the above lump sum or no damage at all. 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 is leasing multiple containers which have been joined together to form a facility, the notice period for termination is two weeks. by letter, email or fax). 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. seizure). Are data transferred to or collected by third parties? 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). Retention of title (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. ELA Container Offshore has already gained diverse experience in the Offshore-Wind and Offshore Oil & Gas Industry. 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. (9) In urgent cases (e.g. Subject to the statutory limitations of liability (e.g. We hereby accept the assignment. 5 were here. (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. (3) If we are to collect the Rented Property from the Client, we shall do so in coordination with the Client. MISURE. 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. (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. ELA office concept for the Texo Group in Scotland Kostenfreie Planung Mehr erfahren. 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. The Client shall bear any customs, fees, taxes and other public duties. Inertial tanks. (7) The Client shall provide any necessary supply and disposal connections. To the extent that the German Product Liability Act (ProdHaftG) is applicable, we can be held liable without limitations in accordance with its provisions. 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. General Terms and Conditions Liesel Albers-Bentlage Günter Albers, Betriebswirt (HWF) 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). 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). Retention of title Full service More info. Alle Größen realisierbar Mehr erfahren. 1, section 438(3) or sections 444 or 445b of the BGB). (1) Our offers are non-binding and without obligation. 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. 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. 10. 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. Claims of the Client due to defects and duty to report defects 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. More than 45 years of experience. The duties of the Client described in paragraph 2 also apply with regard to the assigned receivables. The specifics are described in the privacy policy on our website www.ela-container.com. We shall make the Rented Property available for collection at this date and time. Conclusion of contract Hydronic. ELA Container is thereby supporting the sales activities of our customer until next year,” explains ELA Area Sales Manager Oliver Kölblin. The same applies if you have claims to compensation instead of performance. In all cases, construction materials and other Goods intended for installation or other processing must be inspected directly prior to processing. (1) The delivery deadline shall be agreed individually or specified by us when we accept the order. module rooms on a regular basis, usually in order to bridge construction or conver-sion phases. 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. Applicability and format Claims based on recourse of the entrepreneur are excluded if the defective Goods have been processed by the Client or another entrepreneur (e.g. 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. Between 2004 and 2010, the specialist in mobile housing grew from around 180 employees to a headcount of 300. Kompaktní prodejní kontejner pro každý účel- okamžitě připravený k použití. This does not affect any overriding statutory regulations, especially those concerning exclusive responsibilities. ELA Container specialises in container-based rooms and buildings to rent or buy in any chosen size and with custom fittings. The 72 m² space contains consultation rooms, a wine bar and an information area with the model of the new houses. If supplementary performance fails, you shall be entitled, at your discretion, to demand a reduction in the purchase price or withdraw from the contract. _________________________. 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. (6) References to the applicability of statutory provisions are only to be interpreted as clarifications. 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 delivered Goods shall remain our property until the payment of all receivables under this Agreement. (1) In derogation from section 438(1), no. The Client shall bear the costs of delivery as well as any customs, fees, taxes and other public duties. (c) The Client is still entitled to collect the receivables, as are we. Mustergrundrisse, Maße und Preise für Container – Stöbern Sie in den Kategorien! (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. 8. 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. 12. _____________________________. Container 40' box. 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). The Client undertakes to make reasonable advance payments towards these costs. If any of these events should occur, the Client must notify us without undue delay. Über 45 Jahre Erfahrung. (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. 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 a mobile container workshop: 30 or 45 m² with workbench. The same applies if the Client is an entrepreneur in the sense of section 14 of the BGB. 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. 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. 3. (1) Unless provided for otherwise below, the statutory regulations apply to the rights of the Client with regard to material defects and defects of title (including wrong delivery, deviations in delivery quantity, improper assembly or defective assembly instructions). If a defect is discovered upon delivery or inspection or at any other later date, we must be notified in writing immediately. We reserve the right to file claims for more extensive damage due to default. You must have JavaScript enabled to use this form. (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 same applies if insolvency proceedings are initiated in connection with the assets of the Client. 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. (1) The Client is obliged to return the Rented Property, including any and all accessories, in a good, clean and well-swept condition. 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. Final provisions and applicable law The Client shall bear all costs of recovery and all costs of exercising our rights in this regard. We reserve the right to file claims for more extensive damage due to default. Defects for which the Client is responsible shall be repaired at the expense of the Client. 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. Domestic Hot Water Accumulation Tanks. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. (3) You can only file claims for compensation due to a defect if the supplementary performance fails. (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. Rights in cases of default and defects; liability 6. Otherwise, sale transactions are subject to our General Terms and Conditions of Sales to Entrepreneurs. to manage a modern parking facility. The Client is not entitled to take independent action if we would be entitled to refuse supplementary performance under the statutory regulations. Last amended: 18.09.2019 Brochures Data sheets ELA news Certificates IT support. by letter, email or fax). (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). 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. If the Client defaults in acceptance, this shall also count as a transfer of the Rented Property to the Client. 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). 1. As the Client, you may only exercise a right of retention if your counterclaim is based on the same purchase contract. 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. If acceptance has been agreed, the limitation period shall commence upon acceptance. storage costs). 2. 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. All product descriptions and manufacturer information which are the object of the individual contract or have been published by us (especially in brochures or on our website) as at the conclusion of the contract shall count as an agreement made concerning the characteristics of the Goods. (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. (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. Unless stated otherwise in the order, we are entitled to accept this contractual offer within 14 days of receiving it. Data protection If the Client is in default for more than eight days, we shall be entitled to take possession of the Rented Property and other contractual items immediately. You must have JavaScript enabled to use this form. Golden yellow, RAL 1004. This does not affect our liability under section 3 above. 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. 7. (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. (4) At its own expense, the Client shall obtain all official permits required to operate and/or procure the containers. The rental relationship may not be duly terminated before it starts. Otherwise, the same applies to the created result as to the Goods delivered subject to retention of title. Sale and/or Delivery – Transactions with Entrepreneurs 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. Applicable law and place of jurisdiction All sizes can be realized More info. This does not apply if we are entitled to refuse supplementary performance under the statutory regulations. (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. The Client does not have a free right of termination (especially under sections 648 and 650 of the BGB). (2) At your discretion, supplementary performance can be the remediation of the defect (subsequent improvement) or the delivery of new Goods. 6. (6) We are entitled to make the supplementary performance contingent on the payment of the outstanding purchase price by the Client. (2) Each instalment of rent is payable in advance by the third day of the month. 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. (4) We are entitled to carry out partial deliveries and perform partial services at all times, provided that it is reasonable for you. Schnelle Lieferung Mehr erfahren. 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. 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. Claims of the Client due to defects (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) 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. of doubt as to the identity of the party making the declaration. (2) Any and all defects arising during the term of rental must be reported to us immediately. 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. 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.

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