1.1 These general conditions of sale, rental and delivery apply to all offers, agreements, deliveries of products and services by “Bar Container”.
1.2 Any conditions of purchase and/or other general conditions of the buyer, including the counterparty and, if applicable: the hirer, of Bar Container shall not apply. The provisions of these general conditions may be waived only expressly and in writing by Bar Container, or with the written consent of Bar Container. Waiver clauses apply only to the agreement in which these waiver clauses were made. Otherwise, the following conditions remain in force.
1.3 All offers by Bar Container are non-binding unless otherwise agreed in writing. All agreements between Bar Container and the buyer or lessee are binding and come into force only if accepted by Bar Container.
1.4 Changes to an agreement once concluded shall take effect only as soon as and to the extent that Bar Container has confirmed them in writing.
2.1 Bar Container’s quotations and prices agreed with Bar Container are exclusive of VAT and are based on the cost price factors applicable at the time the contract is concluded. Unless otherwise agreed, all quotations are subject to price changes.
2.2 If price increases occur in relation to one or more cost price factors, e.g. due to an increase in duties and/or excise taxes, factory prices, currency changes, etc., the price will be subject to change.
3.1 Delivery times stated are approximate only and are in no event to be considered as deadlines, unless expressly agreed otherwise. A delivery period will begin to run only when the last condition stated in the order confirmation is met.
3.2 Failure to meet delivery deadlines, regardless of the cause, shall not entitle Buyer to any compensation or termination of the contract and/or breach of any obligation to which it may be entitled under the contract in question or any other existing contract between the parties.
3.3 Unless expressly agreed otherwise, delivery will always take place at the FACTORY. Therefore, as soon as the goods sold have left Bar Container, delivery will take place at the Buyer’s risk and expense, regardless of who is responsible for transportation and regardless of the means and route of transportation chosen.
3.4 Delivery times quoted are always to be considered approximate and never as a deadline. If the parties have not agreed on a delivery time, the Customer must grant us in writing a period of at least one month for further performance before we can invoke exceeding the delivery time. We will always endeavor to adhere as closely as possible to the stated delivery deadline, but exceeding it can never be grounds for liability on our part, except in cases of willful misconduct.
3.5 If, for any reason, the purchaser does not accept delivery of the goods and the goods are ready for shipment, Bar Container shall have the right, at its discretion, to immediately terminate the contract in whole or in part, to deliver the goods at the purchaser’s risk and expense, to store the goods in whole or in part at the purchaser’s risk and expense or to have the goods stored and to charge the purchaser for any additional costs incurred by the purchaser as a result or to claim damages. In the event that the goods are stored in whole or in part at the risk and expense of the purchaser, Bar Container has the right, after the goods have been stored for three weeks, to withdraw from the contract in whole or in part or to claim damages.
3.6 New containers with a lower price guarantee are in most cases shipped by truck transport. Slight transportation and handling damages may occur during transportation. Unfortunately, it is not possible to avoid them. Minor damage such as dents and scratches and slight rust may occur. Of course, you will not receive a container with volume dents (deeper than 50 mm). The floor may have minor signs of use, such as forklift tire tracks. Damage must be reported within 24 hours of delivery with photos and/or video.
3.7 We maintain a delivery distance of up to 15 meters from the truck, and the surface on which the material will be placed is level and suitable for rolling stock.
3.8 We do not transport goods indoors. This means if the goods have to be moved through a residential building or office. We deliver to your doorstep.
4.1 Complaints are defined as all claims and demands by Buyer relating to the quantity, quality, damage and/or packaging of the purchased goods.
4.2 Bar Container will only accept and process complaints submitted in writing to Bar Container within eight days of delivery or making the goods available to Buyer.
4.3 If Bar Container believes that a claim n