Terms and conditions

Custom construction

1. Formation of contract

1.1. All quotations from Schröer Container Kamenz GmbH & Co. KG are non-binding. An offer is accepted once the supplier confirms it in writing.

1.2. Only the written order confirmation is binding. Verbal collateral agreements, additions and assurances must be confirmed in writing to be legally effective. Costs incurred by Schröer Container Kamenz GmbH & Co. KG as a result of changes after order confirmation are passed on to the customer.

1.3. Third parties may use order documents only with the consent of Schröer Container Kamenz GmbH & Co. KG.

2. Delivery periods

2.1. Schröer Container Kamenz GmbH & Co. KG will endeavour to meet delivery periods calculated from the date of order confirmation. If changes are made to the performance of the contract after order confirmation, or if performance requires the customer's cooperation, the delivery period starts only once all details of performance have been settled or the customer has fulfilled its obligation to cooperate, as applicable.

2.2. If an agreed delivery period is not met, the contracting party must grant Schröer Container Kamenz GmbH & Co. KG a reasonable additional period. The customer may withdraw from the contract only after that additional period expires. The delivery period and additional period are suspended if unforeseen circumstances prevent the supplier from fulfilling its obligation and the supplier could not have averted those circumstances despite exercising the care reasonably expected of it. Once the additional period expires, the customer may withdraw from the contract. Further claims arising from a delay in delivery are excluded.

2.3. The supplier may make partial deliveries.

3. Prices and payment

3.1. Unless agreed otherwise, orders are invoiced at the list price in effect on the day of delivery. If labour or material costs rise while an order is being fulfilled, the supplier may charge the increased costs to the customer.

3.2. Prices are ex works or ex warehouse and exclude packaging, freight, postage and insurance.

3.3. New customers must pay on delivery without deduction, or make a partial payment on acceptance at our premises. All other customers must pay immediately upon receipt of the invoice, without deduction, by bank transfer or crossed cheque. The customer bears all payment costs, including charges for bills of exchange and fees for transfers from abroad. If the customer defaults, interest is payable on the outstanding amount at customary bank rates without a reminder being required.

3.4. If agreed payment terms are not met or the customer's ability to pay suddenly deteriorates, the entire outstanding balance becomes due immediately.

3.5. The customer remains obliged to pay irrespective of any notice of defects. Set-off and the exercise of a right of retention are excluded to the extent permitted by law.

4. Retention of title

4.1. All goods supplied by Schröer Container Kamenz GmbH & Co. KG remain the supplier's property until all existing and future claims against the customer have been satisfied.

4.2. If third-party enforcement measures threaten the retention of title, the customer must notify the supplier immediately and provide the documents necessary for intervention. The customer bears the costs of intervention.

4.3. If goods supplied by Schröer Container Kamenz GmbH & Co. KG are resold or incorporated into real property as a material part and a claim arises as a result, the customer hereby assigns that claim to the supplier.

5. Transfer of risk and shipping

5.1. The supplier takes out transport insurance against damage of all kinds at the customer's expense.

6. Warranty for defects

6.1. If the item supplied is defective due to materials or workmanship, or lacks an assured characteristic, the supplier must, at its option, rectify the defect or replace the defective part free of charge.

6.2. Further warranty claims by the customer, in particular claims for consequential loss arising from defects, are excluded.

6.3. The customer must notify the supplier in writing of defects of any kind, including the absence of assured characteristics, within one week of receiving the goods or assembly of the building, as applicable. If our product has been modified, we no longer provide any guarantee.

6.4. The customer may assert warranty claims only if it has met its payment obligations.

6.5. If the customer puts the container or other item supplied into use without reserving its rights in relation to any defects it could identify beforehand, the item is deemed to have been accepted as free of defects.

7. Official permits

7.1. The customer is responsible for obtaining, at its own expense, the official permits needed for delivery or installation, in particular any building permit. On request, the supplier will assist in obtaining a building permit or other official permits and will provide the necessary documents at the customer's expense.

8. Place of performance and jurisdiction

8.1. The place of performance for all obligations under the contract is 01920 Nebelschütz.

8.2. Where an agreement on jurisdiction is permitted by law, Dresden is the place of jurisdiction for disputes arising from the contract. This also applies to proceedings concerning bills of exchange and cheques.

8.3. The legal relationship between the parties is governed by German law.

9. General provisions

9.1. These terms and conditions apply to the performance of all contracts entered into by Schröer Container Kamenz GmbH & Co. KG.

9.2. If any individual provision of a contract, including a provision in these terms and conditions, is invalid for any legal or factual reason, the validity of the remainder of the contract is unaffected.

9.3. Where no individual contractual provision applies and these terms and conditions do not address the matter, the parties agree that the German Construction Contract Procedures (VOB) apply. General civil law applies only to the extent that neither these terms and conditions nor the VOB address the matter.