ELA Container Terms and Conditions 

General Terms and Conditions for
the sale of used containers to businesses  

§ 1 Scope, Form

(1) These General Terms and Conditions ("Terms") apply to all business and contractual relationships between ELA Container GmbH ("ELA") and its customers ("Client") regarding the sale of used containers via the MVP shop, insofar as the Client is a business within the meaning of § 14 of the German Civil Code (BGB).

(2) A business is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

(3) The version of these Terms valid at the time of the inquiry via the shop shall apply.

(4) Any deviating, conflicting or supplementary general terms and conditions of the Client shall not become part of the contract unless ELA expressly agrees to their applicability. This also applies if ELA does not expressly object to their inclusion.

(5) Individual agreements made with the Client in specific cases (including ancillary agreements, supplements and amendments) shall take precedence over these Terms. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

§ 2 Target Group for the Product Range

(1) The product range in the MVP shop for used containers is aimed exclusively at the customer group selected in the respective shop environment accessed. The customer must indicate, before entering the shop, whether they are acting as a business or as a consumer. Based on this selection, the customer is forwarded to the corresponding shop area.

(2) In the business customer area, the offer is aimed exclusively at businesses, legal entities under public law and special funds under public law. The customer confirms their status as a business as part of the inquiry by providing a company name, and again during the further ordering process.

(3) ELA reserves the right to request suitable evidence.

§ 3 Inquiry and Conclusion of Contract

(1) The presentation and advertising of containers in the online shop does not constitute a binding offer to conclude a purchase contract, but rather a non-binding invitation to the Client to submit an inquiry.

(2) The Client may select products from the range and submit an inquiry to ELA via the "Request non-binding quote" or "Request free of charge" button. By submitting the inquiry, the Client does not yet make a binding offer to conclude a purchase contract.

(3) After receipt of the inquiry, the Client receives an automated acknowledgement of receipt by email listing the products requested. This acknowledgement of receipt merely documents receipt of the inquiry and does not constitute a binding offer.

(4) Based on the inquiry, ELA sends the Client an individual offer by email. This offer constitutes a binding offer to conclude a purchase contract, unless expressly indicated otherwise.

(5) The contract is concluded when the Client accepts ELA's offer within the period stated therein or, if no period is stated, within 14 calendar days of receipt of the offer. Acceptance may be made in writing, in text form, or by carrying out the delivery.

(6) After conclusion of the contract, the Client receives an order confirmation on a durable medium. This contains the contract text, including the offer and these Terms. The contract text is stored in compliance with data protection regulations.

(7) The customer assures that all information provided when ordering or registering in the online shop (e.g. name, address, email address, bank details, etc.) is truthful. We must be informed of any changes without undue delay.

(8) The contract language is exclusively German.

§ 4 Subject Matter of the Contract / Object of Purchase

(1) The subject matter of the contract ("Object of Purchase") is the used container specifically presented in the online shop, including the equipment and characteristics stated in the product description. 

(2) The objects of purchase offered are used containers. These show signs of use, wear, visual impairments, colour deviations, repair marks and other changes due to age and use, corresponding to their age and previous use. These do not constitute a material defect insofar as they are customary for used containers or were presented in the product description.

(3) The condition of the object of purchase results exclusively from the respective product description in the online shop and the information and images provided there. These are expressly agreed as a condition agreement between the parties.

(4) The images used in the online shop serve to illustrate the object of purchase offered or a similar type. They may be exemplary. Minor deviations in colour, equipment, design or surface finish are reserved insofar as they are customary in the industry or do not impair the contractually agreed function.

(5) Public statements, advertising claims or other product-related information outside the specific product description do not establish a condition agreement unless expressly confirmed in writing.

(6) Information on technical data, dimensions, weights or other characteristics is only binding insofar as it is expressly designated as binding. Deviations customary in trade or due to manufacturing or use are reserved.

(7) If the object of purchase is connected to land or to a building or installation, this is done exclusively for a temporary purpose within the meaning of § 95 BGB. Such a connection does not result in the acquisition of ownership by the landowner unless expressly agreed otherwise.

§ 5 Delivery and Transfer of Risk

(1) The containers are delivered to the delivery address specified by the Client. Self-collection only takes place by separate agreement. Delivery is carried out by ELA or by a freight forwarder commissioned by ELA. Delivery and transport costs are shown separately in the respective offer.

(2) Delivery dates and periods are non-binding unless expressly agreed as binding. The specific delivery date is stated in the offer or communicated to the customer in text form after conclusion of the contract.

(3) Delivery is subject to full payment of the purchase price, unless a different payment arrangement has been agreed.

(4) The risk of accidental loss and accidental deterioration of the object of purchase passes to the Client upon handover to the freight forwarder, carrier, or other person otherwise designated to carry out the shipment. This also applies if ELA undertakes the transport organisation. If the handover is delayed for reasons attributable to the Client, the risk passes to the Client upon notification of readiness for dispatch.

(5) If the Client is in default of acceptance or breaches other cooperation obligations, ELA is entitled to claim compensation for any resulting damage, including any additional expenses incurred (e.g. storage and additional transport costs). ELA is entitled to claim a flat-rate compensation of EUR 10 per container per calendar day, starting from the day on which readiness for dispatch was notified. The right to assert further damages remains reserved.

(6) Changes to the delivery address or other delivery-relevant information after conclusion of the contract require ELA's consent in text form. Any resulting additional costs shall be borne by the Client. (7) The offer is aimed exclusively at companies with a registered office in Germany. Delivery may, by way of exception, also be made to a delivery address abroad specified by the Client, provided this is stipulated in the offer.

§ 6 Customer's Cooperation Obligations Regarding Delivery

(1) The Client is obliged, at their own responsibility, to ensure that the delivery address is accessible with the transport vehicles required for container delivery and that a suitable installation site is available.

(2) In particular, the Client must ensure that there is sufficient access for trucks and unloading vehicles, there are no access obstacles such as narrow streets, dead ends, low clearances or restricted turning options, the ground is sufficiently load-bearing for the weight of the transport vehicle and the container, unloading can be carried out without delay.

(3) The Client must inform ELA of all local conditions relevant to delivery before delivery takes place. ELA is entitled to rely on the information provided by the Client.

(4) If delivery is delayed due to missing or inaccurate information from the Client or due to unsuitable delivery conditions, the Client shall bear all costs arising as a result. This includes in particular costs for waiting times, additional trips, rescheduling, use of alternative means of transport or intermediate storage.

(5) If delivery on the agreed date is not possible for reasons attributable to the Client, the delivery shall be deemed to have failed. ELA is entitled to charge separately for a renewed delivery.

(6) The Client shall ensure that a person authorised to receive the delivery and empowered to make decisions is present at the place of delivery.

(7) Further statutory and contractual claims of ELA remain unaffected.

§ 7 Prices and Delivery/Transport Costs

(1) All prices stated on ELA's website are net prices, plus the applicable statutory value added tax and plus any delivery and transport costs incurred.

(2) Any additional delivery and transport costs incurred will be charged separately. Information on typical delivery costs is available via the "Transparent Delivery Costs" information page provided in the online shop. The amounts stated there are for guidance only.

(3) The binding delivery and transport costs are stated in the individual offer and are to be borne by the customer.

(4) Unless otherwise agreed, delivery is made ex works only. Any additional costs arising from special delivery conditions, difficult access, waiting times or additional unloading requirements shall be borne by the Client.

§ 8 Payment Terms

(1) All prices are due for immediate payment without deduction, unless different payment terms are agreed in the offer.

(2) The available payment methods are set out in the offer and, additionally, in the information provided in the online shop. ELA is entitled to exclude certain payment methods in individual cases or to require payment in advance.

(3) ELA is entitled to carry out deliveries only after full receipt of payment, unless a different agreement has been made.

(4) If the Client is in default of payment, the statutory default interest rates for businesses shall apply. The right to assert further damages remains reserved.

(5) The Client shall bear costs associated with delivery outside the Federal Republic of Germany, in particular customs duties, fees, taxes or other public charges.

(6) The Client shall only be entitled to rights of set-off or retention insofar as their counterclaims have been legally established, are undisputed, or are ready for a decision.

(7) In the event of default of payment, ELA is entitled to withhold further deliveries or to carry them out only against advance payment.

§ 9 Approvals and Public Law Requirements

(1) The Client is responsible for obtaining all approvals and official consents required for the transport, delivery, installation and use of the container. This applies in particular to building regulation approvals, special usage permits, traffic law orders and other public law requirements.

(2) ELA is not obliged to verify the legal permissibility of the installation. No such review is carried out.

(3) If delivery or installation takes place without the required approvals, this is done at the Client's risk.

(4) Delays or additional expenses due to missing approvals shall be borne by the Client. The Client shall bear in particular costs for waiting times, additional trips, rescheduling or intermediate storage.

(5) The Client shall indemnify ELA against all third-party claims arising from the lack of public law permissibility of the installation.

§ 10 Defect Claims and Duty to Give Notice

(1) For businesses, the limitation period for defect claims is one year from delivery of the object of purchase.

(2) The Client must inspect the object of purchase without undue delay after delivery and notify any recognisable defects in writing without undue delay, and no later than within five working days of delivery. Hidden defects must be notified in writing without undue delay after discovery.

(3) If the Client fails to carry out a proper inspection or to give notice of defects, the object of purchase shall be deemed approved.

(4) In the event of a defect, ELA shall provide a remedy, at its own discretion, by rectification or replacement delivery.

(5) If subsequent performance fails or is unreasonable, the Client is entitled to reduce the purchase price or withdraw from the contract. Claims for damages exist only in accordance with the liability provisions.

(6) Warranty claims do not exist in the event of unsuitable or improper use, faulty installation by the Client or third parties, natural wear and tear, improper handling, or external influences occurring after the transfer of risk.

§ 11 Liability

(1) Unless otherwise stated in these Terms, ELA shall be liable for breach of contractual and non-contractual obligations in accordance with statutory provisions.

(2) ELA shall be liable for damages without limitation, regardless of the legal basis, in cases of intent and gross negligence.

(3) In cases of ordinary negligence, ELA shall only be liable for damages arising from the breach of a material contractual obligation. In this case, liability shall be limited to the foreseeable damage typical for this type of contract.

(4) Any further liability for damages is excluded.

(5) The limitations of liability also apply for the benefit of ELA's legal representatives, employees and vicarious agents.

(6) The limitations of liability do not apply 

• in the event of injury to life, limb or health, 
• in the event of fraudulent concealment of a defect,
• in the event of the assumption of a guarantee,
• for claims under the Product Liability Act.

§ 12 Electrical Equipment and Safety Inspection

(1) Insofar as the container has electrical equipment, this is subjected to a basic function and safety inspection before delivery.

(2) This inspection is carried out as a general visual and functional check. It does not constitute an inspection according to specific technical standards or accident prevention regulations, in particular not an inspection according to DIN, VDE or DGUV regulations (e.g. DGUV Regulation 3).

(3) The electrical connection at the installation site may only be carried out by a qualified electrician. The customer is obliged to ensure, before commissioning, that the connection complies with the statutory and technical regulations applicable at the place of use.

(4) The provider does not undertake any inspection of the electrical system at the installation site or of the connection conditions there.

(5) The customer's statutory warranty rights remain unaffected.

§ 13 Force Majeure

(1) ELA shall not be liable for the impossibility of delivery or delivery delays insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded and for which ELA is not responsible. This includes in particular operational disruptions of any kind, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, pandemics, epidemics, official measures, or difficulties in obtaining necessary approvals.

(2) If such events significantly hinder or make delivery impossible, ELA is entitled to postpone delivery for the duration of the hindrance, plus a reasonable start-up period.

(3) If the hindrance lasts longer than four weeks, ELA is entitled to withdraw from the contract in whole or in part.

(4) The Client's claims for damages are excluded in the cases stated in paragraph 1.

(5) Insofar as acceptance is unreasonable for the Client as a result of the delay, they may withdraw from the contract by immediate written declaration.

§ 14 Copyright

(1) ELA holds the copyright and other protective rights to all images, videos, drawings, texts and other content published in the online shop.

(2) Any use beyond the contractually agreed use requires the prior written consent of ELA.

§ 15 Data Protection

ELA processes the Client's personal data within the framework of statutory provisions. Details can be found in the privacy policy available on ELA's website.

§ 16 Retention of Title

(1) The object of purchase remains the property of ELA until full payment of all claims arising from the contractual relationship.

(2) The customer is obliged to handle the object of purchase subject to retention of title with care and to protect it from access by third parties.

(3) The customer is entitled to resell the object of purchase in the ordinary course of business. In this case, they hereby assign all claims arising from the resale to ELA in advance. ELA accepts this assignment.

(4) In the event of access by third parties, in particular seizures, the customer must inform ELA in writing without undue delay.

§ 17 Final Provisions

(1) These Terms and the contractual relationship between ELA and the customer shall be governed by the law of the Federal Republic of Germany, excluding uniform international law.

(2) The exclusive place of jurisdiction for all disputes arising from the contractual relationship is ELA's registered office. However, ELA is entitled to bring an action at the customer's general place of jurisdiction.

(3) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

(4) Legally relevant declarations and notices from the Client must be made in text form, unless a stricter form is required by law.