We are not obliged and generally not prepared to participate in a dispute resolution procedure before an arbitration committee. (3) The rental shall end on the agreed date. You shall also be entitled to offset against our claims if you report defects or file counterclaims under the same purchase contract. (6) All further liability claims against us are excluded, regardless of the legal nature of the claims you file against us. 1. (3) We can declare acceptance either in writing (e.g. (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. 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. use of ELA’s handy room solutions. General Terms and Conditions All sizes can be realized More info. The Client may provide evidence that we have suffered significantly less damage than the above lump sum or no damage at all. Operator of the website ela-container.nl and billing address for suppliers: ELA Container GmbH Zeppelinstraße 19 - 21 49733 Haren (Ems), Germany Tel. (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. This does not apply if we are entitled to refuse supplementary performance under the statutory regulations. 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. 9. (1) The delivery deadline shall be agreed individually or specified by us when we accept the order. Container 40' box. The Client is responsible for the characteristics of the substrate and the accessibility of the site. (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. Conclusion of contract Claims of the Client due to defects 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. 26740-26850 kg. (2) However, if the Good is a building or a thing (e.g. Planning advantages of 3-metre containers, Educational institutions and day-care centres, Educational institutions and daycare centres. Otherwise, the same applies to the created result as to the Goods delivered subject to retention of title. 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. 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. (6) References to the applicability of statutory provisions are only to be interpreted as clarifications. (3) Our GTC apply on an exclusive basis. 5 were here. The 72 m² space contains consultation rooms, a wine bar and an information area with the model of the new houses. Leasing and Delivery – Transactions with Entrepreneurs Über 45 Jahre Erfahrung. If you withdraw your declaration of intent to enter into the purchase contract, you must bear the standard costs of returning the Goods as set out in more detail in the cancellation policy which is enclosed below. (3) Where no specific characteristics have been agreed, the statutory provisions must be used to judge whether or not there is a defect (sentences 2 and 3 of section 434(1) of the BGB). Liesel Albers-Bentlage Günter Albers, Betriebswirt (HWF) Celosvětově na místě: Společnost ELA Container si cení zákazníků a možnosti být s nimi v osobním kontaktu. 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 applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The Client is not entitled to demand a reduction in rent with regard to the latter. 2. (3) If we are to collect the Rented Property from the Client, we shall do so in coordination with the Client. Sale and Delivery – Transactions with Consumers 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 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. 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 service. standard of care in one’s own affairs; immaterial breach of duty), we can only be held liable in cases of ordinary negligence ELA … To the extent that the German Product Liability Act (ProdHaftG) is applicable, we can be held liable without limitations in accordance with its provisions. (4) In accordance with the statutory provisions, we can be held liable for injuries to life, limb or health resulting from a culpable breach of duty by us, our legal representatives or our vicarious agents. However, we accept no liability for public utterances by the manufacturer or other third parties (e.g. (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. 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. Esterne. Any other use of the Rented Property requires our consent in writing or text format. The same applies if insolvency proceedings are initiated in connection with the assets of the Client. 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. Other liability 4. A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. (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. (5) Any legally relevant explanations and declarations by the Client with regard to the contract (e.g. by letter, email or fax). 5. Mobile Offshore Accommodation Container for Rent and Sale /service. (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. If any of these events should occur, the Client must notify us without undue delay. The term of the rental shall be extended by the time required for the cleaning or repair work. (1) In derogation from section 438(1), no. (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. (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. (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. Double Walled Tank in Tanks. Aktiv an 12 Standorten in ganz Europa. Společnost ELA Container je specialista pro prostory a budovy z kontejnerů – v každé požadované velikosti, individuálně vybavené, k nájmu nebo ke koupi. 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. (11) Even in the case of a defect, the Client is only entitled to compensation and the reimbursement of wasted expenses in accordance with section 8; its claims are otherwise excluded. ELA Container is thereby supporting the sales activities of our customer until next year,” explains ELA Area Sales Manager Oliver Kölblin. (7) The Client shall provide any necessary supply and disposal connections. If the Client defaults in acceptance, this shall also count as a transfer of the Rented Property to the Client. (3) Our GTC apply on an exclusive basis. Unless stated otherwise in the order, we are entitled to accept this contractual offer within 14 days of receiving it. The Client shall bear all costs of recovery and all costs of exercising our rights in this regard. 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. (1) Delivery shall be made ex stock; this is also the place of fulfilment for the service and any supplementary performance. Mobile Container-Werkstatt mieten: 30 oder 45 m² optional mit Werkbank. By receiving the Rented Property without raising an objection, the Client recognises that the Rented Property is operational and free from defects. Data collected within the context of your application are not published or forwarded without authorisation, i.e. Limitation period _____________________________. However, the Client has no right of withdrawal if the defect is negligible. Tara. Interne. ELA Container Offshore GmbH was founded in 2014 and has been offering containerised accommodation solutions … (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. Defects for which the Client is responsible shall be repaired at the expense of the Client. (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. (4) At its own expense, the Client shall obtain all official permits required to operate and/or procure the containers. You must have JavaScript enabled to use this form. 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. We reserve the right to file claims for more extensive damage due to default. 10. Everything stored securely: Rent or buy new and used storage and workshop containers. Kvalitní univerzální kontejner T-ACH. PESO. 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. Více detailů Proto je v Německu, Evropě a ve světě v terénu 40 odborných poradců společnosti ELA, aby se zákazníky projednali bezplatně na místě termíny pro příští projekt, týkající se … (6) If a third party should seize the Rented Property, exercise any other rights or take possession of the Rented Property, the Client is obliged to notify us immediately in writing, at the very least, notify the third party in writing of our status as the owner in advance and send us the notification within three days. 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. Last amended: 18.09.2019 Consent shall always be required, for example even if we carry out deliveries to the Client without reservation despite being aware of the GTC of the Client. In the case of collection, we shall notify the Client of the date and time of collection, provided that no collection date has been agreed. Your browser seems to have cookies disabled. (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. (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). Brochures Data sheets ELA news Certificates IT support. (4) The Client shall be in default if this payment deadline expires. The Client shall bear the costs of delivery as well as any customs, fees, taxes and other public duties. 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. The Client shall bear any customs, fees, taxes and other public duties. Calorifiers with extractable heat exchangers for sanitary hot water. ELA Container Offshore | Offshore modules for rent and sale As the Client, you may only exercise a right of retention if your counterclaim is based on the same purchase contract. ELA Container – Container services for container rental, container hire or container storage for all industries. (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. The European Commission provides an online dispute resolution platform which you can find at http://ec.europa.eu/consumers/odr/. Dispute resolution for consumers (2) Our liability for defects is primarily based on the agreement made concerning the characteristics of the Goods. Full service More info. 8. 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. Claims based on recourse of the entrepreneur are excluded if the defective Goods have been processed by the Client or another entrepreneur (e.g. by letter, email or fax). 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). (5) If damage caused by default or a defect is based on an ordinarily negligent breach of a material contractual duty (i.e. 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. 6. (4) We are entitled to carry out partial deliveries and perform partial services at all times, provided that it is reasonable for you. The delivered Goods shall remain our property until the payment of all receivables under this Agreement. Claims of the Client due to defects and duty to report defects (4) The notice of termination must be sent to us at least in text format or by email: info@ela-container.uk. 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. The same applies if the Client is an entrepreneur in the sense of section 14 of the BGB. You must have JavaScript enabled to use this form. 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. Fast delivery More info. Sale and/or Delivery – Transactions with Entrepreneurs If a defect is discovered upon delivery or inspection or at any other later date, we must be notified in writing immediately. Über 45 Jahre Erfahrung. We shall make the Rented Property available for collection at this date and time. 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. Or for other companies in the sector Containers, manufacturing, repair, sale & … (2) At your discretion, supplementary performance can be the remediation of the defect (subsequent improvement) or the delivery of new Goods. 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. A written agreement or our written confirmation is definitive with regard to the content of such agreements, evidence to the contrary notwithstanding. Kostenfreie Planung Mehr erfahren. 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. 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-metre wide container with extra space and potential savings of up to 25%. The rental relationship may not be duly terminated before it starts. (4) The Rented Property must be set up at a location agreed between us and the Client. Kontejner ELA T-ACH odpovídá vysokým standardům kvality: … Komplettservice Mehr erfahren. Delivery deadline and default 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. 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. We shall make the Goods available for collection at this date and time. Kompaktní prodejní kontejner pro každý účel- okamžitě připravený k použití. 3. 11. _________________________. Rent or buy mobile fully equipped sanitary areas, shower containers or WC containers. 7. 12. 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. MISURE. For delivery, we are entitled to choose the method of shipment (especially the carrier and dispatch route) at our own discretion. (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. 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. SITA Airport IT GmbH also recently made . module rooms on a regular basis, usually in order to bridge construction or conver-sion phases. 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). ELA Container provides school containers during renovation work. 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 we attempt to carry out subsequent improvement twice to no avail, it shall be deemed a failure. 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. ELA office concept for the Texo Group in Scotland Buffer Tanks. (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. storage costs). “ELA Container provides the products they need – for Multifuel Energy Cylinders. (3) The Client is obliged to duly insure the Rented Property against destruction, damage, loss and theft. Schnelle Lieferung Mehr erfahren. Unless stated otherwise in the order, we are entitled to accept this contractual offer within 14 days of receiving it. (2) Any and all defects arising during the term of rental must be reported to us immediately. (1) The Client is obliged to return the Rented Property, including any and all accessories, in a good, clean and well-swept condition. This does not affect any overriding statutory regulations, especially those concerning exclusive responsibilities. 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. Furthermore, we can be held liable under the statutory provisions for other damage based on an intentional or grossly negligent breach of contract or deceitfulness by us, our legal representatives or our vicarious agents. (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 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. 3. (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.