Terms and conditions
Applicable to all contracts between EMC Containerhandel GmbH and its customers.
§ 1 Scope
(1) These terms apply to all contracts for the supply of containers and modular units concluded between EMC Containerhandel GmbH (the “Seller”) and the customer.
(2) The Seller’s offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. There is no sale to consumers within the meaning of § 13 BGB.
(3) Differing, conflicting or supplementary terms of the customer do not become part of the contract unless the Seller expressly agrees to their application in text form.
§ 2 Formation of contract
(1) The presentation of products on the website does not constitute a legally binding offer but an invitation to place an order.
(2) By submitting an order the customer makes a binding offer. The Seller confirms receipt of the order by e-mail without delay; this acknowledgement does not yet constitute acceptance.
(3) The contract is formed when the Seller expressly accepts the order in text form or dispatches the goods.
(4) All offers of the Seller are subject to change unless expressly designated as binding or given with a period of validity.
§ 3 Prices and payment
(1) All prices are net prices, exclusive of the applicable statutory value added tax and exclusive of transport and unloading costs, unless expressly agreed otherwise.
(2) Intra-Community supplies to entrepreneurs holding a valid VAT identification number are invoiced zero-rated. The customer must provide their VAT ID before the contract is concluded and evidence its validity on request.
(3) Unless otherwise agreed, payment is made in advance. The delivery date is scheduled once payment has been received in full.
(4) If the customer is in default of payment, the Seller is entitled to statutory default interest.
§ 4 Delivery, unloading and passing of risk
(1) Stated lead times are non-binding approximations unless a fixed date has been expressly agreed in text form.
(2) The customer must ensure that the delivery address is accessible by articulated vehicle, that the site is level, made up and load-bearing, and that the clear areas required for the agreed unloading method are available. Necessary official permits, parking suspensions or highway licences are to be obtained by the customer unless expressly agreed otherwise.
(3) If delivery cannot be carried out for reasons attributable to the customer, the customer bears the cost of the wasted journey and any waiting time incurred.
(4) Risk of accidental loss and accidental deterioration passes to the customer when the container is set down at the agreed location, or on handover at the depot in the case of collection.
(5) The Seller is entitled to make partial deliveries where reasonable for the customer.
§ 5 Condition of used containers
(1) Used containers are second-hand goods. Signs of use such as scratches, dents, colour variation, repair patches, sticker residue and surface rust do not constitute defects but are the contractually agreed condition.
(2) For used units the Seller warrants that they are wind- and watertight and that doors and locking gear function. For units described as “Cargo Worthy” a valid CSC plate is additionally warranted.
(3) Colour indications for used and one-way containers are non-binding unless a RAL colour has been expressly agreed.
§ 6 Retention of title
The goods supplied remain the property of the Seller until all claims arising from the business relationship have been paid in full.
§ 7 Warranty
(1) Statutory warranty rights apply. For second-hand goods the limitation period for warranty claims is one year from the passing of risk.
(2) The customer must inspect the goods without delay after delivery and notify obvious defects without delay, and at the latest within seven calendar days, in text form (§ 377 of the German Commercial Code). Hidden defects must be notified without delay after discovery.
(3) Transport damage must be recorded on the delivery note at handover.
§ 8 Liability
(1) The Seller is liable without limitation for intent and gross negligence and for injury to life, body or health.
(2) In cases of simple negligence the Seller is liable only for breach of a material contractual obligation and limited to the foreseeable damage typical of this type of contract.
(3) Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.
§ 9 Permits and use
The customer is responsible for compliance with public-law requirements at the place of installation, in particular any building permits and the rules on the storage of substances hazardous to water. The Seller does not owe building law advice.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from the business relationship is the Seller’s registered office, provided the customer is a merchant, a legal person under public law or a special fund under public law.
(3) Should individual provisions be invalid, the validity of the remaining provisions is unaffected.
This is a translation for information. The German version is the legally binding one. View the German AGB.
Last updated: September 2026