In these General Terms and Conditions of Sale, the term "container" or "containers" shall be interpreted as the "object of sale." These General Terms and Conditions shall enter into force on the date the order form is signed.
1. Handover, Handover-Acceptance Protocol
1.1. The handover takes place at the Seller's premises upon the recording of a handover-acceptance protocol. If the Buyer has not inspected the object of sale beforehand, they may not raise any subsequent objections regarding its condition.
1.2. If the object of sale is delivered to the Buyer directly from the manufacturer, the condition assessment shall take place at the delivery location during the handover. In this case, the Buyer is obliged to communicate any reservations or observations to the carrier on-site and record them on the waybill (consignment note).
2. Installation
2.1. If, according to the sales contract, the delivery location of the container(s) is a site designated by the Buyer, the condition for installation is that the receiving surface (foundation) must be prepared, which is the Buyer's responsibility and cost. Any additional costs arising from the lack of or inadequate quality of the foundation (e.g., fees and/or penalties paid to the carrier, demurrage, etc.) shall be charged by the Seller to the Buyer in all cases. The freight rate specified in the sales contract is valid only under appropriate installation conditions (suitable soil quality, directly accessible unloading point, safe working conditions, etc.). Unless expressly agreed otherwise in writing, the Seller is not obliged to perform electrical or other utility connections; the fees specified therein do not include these services.
2.2. If the Seller undertakes the connection of utilities—based on a separate written agreement—the Buyer is obliged to ensure that utility connection points are available at an unobstructed distance of no more than 1 meter from the planned location of the container.
2.3. Obtaining the necessary permits for installation, commissioning, and operation is the Buyer's responsibility in all cases.
2.4. Transport tasks related to the fulfillment of the sales contract are carried out at the Buyer's risk and expense. The Seller employs carriers and, if necessary, forwarders for these tasks on behalf of the Buyer. The Seller bears no liability as a carrier or forwarder. The Seller is not obliged to enforce claims against the carrier and/or forwarder; all rights and claims in this regard are assigned to the Buyer.
3. Warranty
3.1. The Seller warrants that no third party has any rights to the object of sale that would prevent the Buyer from acquiring ownership.
3.2. The Seller further warrants that the object of sale is suitable for its intended use according to the contract.
3.3. The Buyer is obliged to notify the Seller of any defect without delay after discovery, but no later than within 8 days. Within 30 days of notification—at a pre-arranged time—the Seller will send a specialist to the site to identify and record the defect and its cause.
3.4. In the event of a defect covered by the warranty, the Buyer may primarily request repair, which the Seller is obliged to commence within 30 days of identifying and recording the defect and complete it within a professionally reasonable and necessary timeframe. At the Seller's discretion, repairs may be performed on-site or at the Seller's premises; in the latter case, transport costs shall be borne by the Seller.
3.5. If the Seller does not undertake the repair despite acknowledging the warranty defect, the Buyer may, at their choice, request a replacement or an appropriate price reduction. If the Seller undertakes neither replacement nor price reduction, the Buyer may withdraw from the contract.
3.6. Until repair or replacement is completed, the Buyer may only withhold the purchase price in proportion to the extent of the defect. The Buyer is not entitled to exercise warranty rights if they were in default of payments arising from the sales contract before the defect appeared and do not settle these debts by the time the defect is reported (at least up to the amount proportional to the defect).
4. Damage Caused to Third Parties by Use
The Seller is not liable for damages caused to third parties in connection with the use of the container. The Buyer is obliged to indemnify the Seller against all such claims upon first demand and to settle any disputes with third parties regarding such claims.
5. Seller's Claims, Withdrawal, Termination of Contract
5.1. In the event of late payment, the Seller is entitled to default interest at twice the current central bank base rate.
5.2. In the event of the Buyer's payment delay exceeding 15 days, the Seller becomes entitled, at its choice, to:
- Declare the entire remaining debt immediately due and payable in one lump sum via written notice, or withdraw from the sales contract. The Seller may also exercise the right of withdrawal following the lump-sum demand if the Buyer does not settle the full debt within a further 8 days of receiving notice.
5.3. The Seller is also entitled to withdraw from the sales contract if a court has ordered final liquidation or compulsory dissolution proceedings against the Buyer, or if the Buyer has initiated bankruptcy or voluntary liquidation.
5.4. The Buyer is entitled to withdraw from the sales contract if the Seller is in delay of more than 15 days in fulfilling its handover obligation. Any payment or other performance delay by the Buyer excludes the Seller's default.
5.5. In the event of termination of the sales contract for any reason, the Seller is entitled to immediately reclaim and remove the container(s) (even over the Buyer's objection); furthermore, to open the containers and determine the value of items found inside—without the use of an expert or appraiser—upon recording a protocol. The Seller shall, if possible, notify the Buyer of the opening and protocoling via phone or email, but the failure or lack of success of such notification does not prevent the opening; in this case, it may take place solely in the presence of the Seller's representatives. If the Seller judges that the items found have no significant value, it is entitled to treat them as waste and dispose of them. The Seller is not obliged to investigate ownership or any copyrights, personal rights, or whether documents contain business secrets. Liability for any such infringement is expressly excluded. The Seller exercises a right of lien over the items. Items of significant value shall be held for a maximum of 30 days, after which the Seller may sell, use, or dispose of them.
6. Set-off, Assignment
6.1. The Buyer may only exercise the right of set-off against the purchase price based on point 3.6 and to the extent specified therein.
6.2. The Buyer is entitled to assign claims against the Seller arising from the sales contract to a third party only with the Seller's prior written permission.
Appendix to GTC: User Manual and Warranty
FEPOBOX aims above all for satisfied customers. To ensure the containers maintain their perfect condition and optimal lifespan, the following instructions must be strictly followed. This is also a condition of our warranty.
1. Transporting Containers
1.1 Chassis designed for container transport or 2.5m wide open trucks are most suitable.
1.2 Before moving, all moving parts must be securely fastened. All wall, floor, and roof elements must be properly closed. On conventional trucks, containers are secured with straps (ratchet straps). Plastic protectors should be used where the strap meets the container. The driver must ensure proper padding between the truck's side walls and the container to prevent paint damage from friction.
1.3 A crane with appropriate lifting capacity is required for loading.
1.4 The angle formed by the crane slings must not exceed 60 degrees. It is critical that all 4 sling arms are of equal length! Uneven lifting can damage the roof edge.
1.5 Slings must only be attached to the upper corners of the container.
1.6 Containers can be moved by forklift if the forks span the full width (min. 2438 mm). This is only permitted for empty containers equipped with forklift pockets.
2. Installation
2.1 Containers must be placed on a reinforced, horizontal concrete surface:
a) Up to 5m length: supported at 4 corners.
b) 5.5 - 6m length: 6 points (corners and mid-sides). For 3m wide frames, 7 points (including center) are required.
2.2 Concrete foundations must be prepared 24 days prior to placement to reach proper strength.
2.3 The foundation must suit local soil conditions. FEPOBOX provides a layout of support points upon request.
2.4 The foundation must be level within a +/- 5 mm tolerance. Before installation, it must be shimmed/leveled to a +/- 1 mm tolerance. Lack of a level base causes doors/windows to jam and cracks in drywall joints.
3. Ventilation and Moisture Control
3.1 A minimum 150 mm gap must be kept between the container bottom and the ground to prevent ground moisture or rainwater from entering the floor insulation.
3.2 Internal humidity must not exceed 60%. Damage from condensation or poor ventilation is not covered by the warranty. In sanitary units, spilled water must be cleaned up immediately.
4. Utility Connections
4.1 Upon first commissioning, the operator is responsible for all statutory safety inspections: contact protection measurements (earthing), commissioning checks, and fire/labor safety compliance. These must be performed before occupying the container.
4.2 Earthing must be performed according to regulations at the designated points. Connection points must be protected from corrosion.
4.3 Electrical connection must only be performed by a qualified professional. Total current of installed devices must not exceed fuse capacity (max 32A protection). A maximum of 15 containers can be connected in a single series.