Terms and conditions | Container plus

Contractual Terms and Conditions

Container Plus s.r.o.

1. The subject of the General Terms and Conditions

2. The general terms and conditions are regulated by these General Terms and Conditions, the Rights and Obligations of the Contracting Parties: Container Plus s.r.o., with its registered office: Zámocká 30, 811 01 Bratislava - city district of Old Town, Slovak Republic, IČO: 50 613 502, registered in the commercial Registry of the Bratislava III City Court, Section: Sro, File No.: 115923/B, on the Seller's side (hereinafter referred as the “Seller”) and third parties (hereinafter referred as “Buyer”) that arise when purchasing and selling containers that are the subject of the seller's business activity.

3. The subject of the sale are new or used stackable storage containers made for storage purposes and/or new or used shipping containers manufactured according to ISO standard (hereinafter referred to as the “Sales Subject”).

1. Selling procedure

2. The procedure for selling containers is further implemented on the basis of the buyer's demand or of a framework or individually concluded purchase contract.

3. The seller according to the buyer's demand prepare a price offer of the required subject or other services mainly transport of subject (hereinafter referred to as the “quotation”) and send it to buyer for approval.

The quotation will state that the price offer also includes the General Terms and Conditions of the Seller and the Buyer can get to know more on the website www.containerplus.sk and at the same time notify the buyer that the order must include a statement with agree with the General Terms and Conditions of the Seller.

On the basis of the agreed quotation the buyer prepare an order with agreed requirements and the declaration that he has become acquainted with and agrees with the General Terms and Conditions of the Seller.

The Seller on the basis of an order delivered to the Buyer containing the specification of the subject of sale, ordered services, agreed purchase price or other agreement of the parties and agreed general terms and conditions - Seller will issue an invoice to the buyer which is confirming the order.

The Seller warns that without the approval of the General Terms and Conditions of the Seller by the Buyer the invoice will not be issued. The purchase contract is concluded between parties at the moment of delivery the invoice to the buyer. The Buyer with the approval of the General Terms and Conditions of the Seller acknowledges and is aware that all the clauses of seller are included on the invoice and they are part of the contract agreements between the parties and are therefore binding for the buyer.

4. After payment of the invoice the seller will issue an order to issue containers from the depot with a release reference (Depot Notification Out) in case of handing over the subject of sale at the seller's place (Depot Pezinok, Depot Dunajska Streda) take over the subject of sale.

5. In the case of the agreed handover of the subject of sale for a third part - a container terminal - after the payment of the invoice the seller issues an order to hand over the container from the terminal (Sales Relase Booking) containing the specification of the subject of the sale and the reference number to release the container from the terminal and hand it over to the terminal or send to the buyer. In the case of the agreed transport the seller shall issue and send the carrier also the order for the transport (Transport ORDER) containing the specification of the subject of the sale, the order number, the location and address of the load, the place of delivery, including the contact details at the place of delivery per person who is intended to take over the subject of sale.

1. Handing over and taking over the subject of sale

2. If the handover and takeover the subject of sale is carried out by the seller (depot Pezinok or Depot Dunajska Streda) - Parties or persons determined by them (the carrier's driver) will confirm the handover and receipt of the subject of the sale by signing by signing the confirmation of the pick -up of containers. The confirmation of the picking up of the containers is with the state of the subject of sale at the time of the handover and the declaration of the seller of the approval of this situation or the record of any objections. The buyer is obliged to inspect the subject of the sale before receipt and check his condition due to whether or not it meets its requirements. The Seller is obliged to allow the Buyer inspection of container. If the buyer does not use the possibility of inspection later he is no longer entitled to object to the shortcomings that he could find out on receipt and the possible complaints will not be taken into account. Each part receive one copy of the confirmation of picking up containers.

3. If the handover and takeover of the subject of sale is carried out by a third part - a container terminal - the Parties respect the confirmation of the pick -up of containers confirming the state of the subject of sale detected by the container depot. When submitting and taking over the subject of the sale it shall be adequately under Article 2. point 2.4. and the procedures of the relevant container terminal.

4. Containers as the subjects of the sale are fundamentally handed over only after the purchase price is fully paid unless the parties agree otherwise in exceptional cases. The ownership right to the subject of sale passes to the buyer in accordance with the provision of § 601 of Act no. 40/1964 Coll. The Civil Code (eventually if two legal entities or one of the contracting parties are a physical person - entrepreneur, pursuant to the provisions of § 445 of Act No. 513/1991 Coll. The fact will be agreed between the contracting parties in writing and will be part of the provisions of the purchase contract concluded between the parties. Unless all other payable receivables of the Seller are paid to the Buyer, the subject of sale remains further owned by the Seller. In the case that the payment of the purchase price occurs before the subject of sale is handed over, the buyer acquires the ownership right to the subject of sale at the moment when it will be allowed to dispose of the subject of sale. If there is no other thing from the contract - the risk of accidental destruction and accidental deterioration to the buyer passes through the handover. The Buyer acknowledges and is aware that the Seller remains the owner of the subject of sale until the moment of full payment of the purchase price. The Buyer acknowledges and is aware that the Seller is not paying the purchase price in the case of failure to pay for the purpose and protection of his ownership the subject of sale at the buyer's expense from the destination. The Buyer acknowledges and is aware that the transfer of the subject of sale will not give any factual or legal obstacles and ensure the consent of the owner of the land to the entry of the seller or the person intended for the land for the purpose of removing the subject of sale. In the case of a breach of this obligation the buyer is liable for any damage and claims of third parties arising in this context. The Buyer acknowledges and is aware that, until the purchase price is completely paid, he is not entitled to make any changes or modifications on the subject of sale. In the case of a breach of the obligation under the previous sentence, the buyer shall be liable to the seller for all damages incurred on the subject of sale in connection with the changes or modifications of the subject of the sale.

The Seller shall hand over the subject of sale to the Buyer within 30 days of the return of the subject of sale to the Seller against the payment of the purchase price with accessories and costs associated with the return transfer. For the duration of this period, the seller will not dispose of the subject of sale in any way. After the expiry of the thirty-days period the purchase contract between the buyer and the seller is canceled from the effectiveness. The seller is entitled to dispose of the subject of the transfer at his / her discretion. The seller's claims for the reimbursement of the costs associated with the transfer of the subject of the transfer to destination if the service was secured by the Seller and the entitlement to reimbursement of the costs of returning the subject of the sale to the seller shall remain maintained.

1. The Buyer is obliged to notify the Seller in writing by the Seller's defects of the subject of the sale he found on the receipt of the subject of the sale without undue delay - no later than 24 hours from the takeover of the subject of the sale. If the buyer does not notify the defects of the subject of sale properly and on time it is deprived of rights and claims from defective performance.

1. Installation

2. If the place of handing over the subject of sale is a place designated by the buyer - the buyer is obliged to arrange and prepare a suitable place to place the subject of sale at his own expense. A suitable place for the placement of the object of sale means especially a well -paved area of the location, accessibility to a place with sufficient handling space and safe working conditions. The buyer is responsible for all costs incurred in connection with the unprepared or inappropriate place (eg more work, carrier fees, fines, etc.) for the Seller. The Seller is not responsible for the installation of electrical or other equipment.

If the buyer at his own expenses ensure a crane for unloading containers - he is obliged to ensure at its own expense also the fixing of the containers (the burden) to the crane and arrange his / her person to operate the crane. Any damage caused by incorrect fixing of containers to the crane goes to the buyer.

3. The transport of the subject of sale to the place designated by the buyer is always carried out at the expense and danger of the buyer. For this purpose the Seller in the name of the Buyer arrange the carrier or if necessary by the forwarder. The seller does not provide any guarantees to the carrier or the forwarder. The Seller is not entitled to assert any legal claim against the carrier and/or the forwarder - all these rights are exclusively to the buyer.

1. Guarantee

2. The Seller declares that he is the exclusive owner of the subject of the sale and any third person is not entrusted to the subject of sale no right to disturb the acquisition of the right of ownership by the Buyer. The retaining of the Seller's Ownership Pursuant to Art. 3 par. 3.3. these General Terms and Conditions are not affected by this provision.

3. If the subject of sale is a new and unused container - the seller provides the buyer with a warranty of 2 (two) years from the delivery of the subject of sale to the agreed destination. The Seller also declares that the subject of sale is eligible for agreed purpose of use. The seller is deprived of this obligation if the buyer knew or was aware of such a mistake or lack at the time of the conclusion of a purchase contract that excludes the contractual purpose of the subject of the sale.

4. The Buyer is obliged to notify the Seller of a defect of the subject of sale within 24 hours of their findings without undue delay. On the basis of a previous agreement with the Buyer - the Seller shall ensure an expert assessment of the complaint within 30 days.

5. The Buyer is entitled to request a free correction of errors for which the seller is responsible (of the title of the guarantee provided). The repair must start within 30 days of its application with the seller. By this time the deadline for ensuring the expert assessment of the complaint pursuant to Article 5. Point 5.3 is not included these general terms and conditions above and must be terminated in a technically corresponding time. Based on the seller's consideration - repairs will be carried out at the place of subject of sale or in the seller's premises. In this case the transport costs are costs of the seller.

6. The warranty according to this article applies only to new unused containers. If the subject of sale is used container/containers and these are sold in the state "how they stand and lie" - The buyer recognizes and is aware that in the future he is not authorized to claim the claims of damages to the seller. In this case the agreed price of the subject of sale corresponds to the condition and age of the subject of sale in the day of sale.

1. Responsibility for damage to third parties

2. The Seller is not responsible for damages caused by third parties in connection with the use of the subject of sale. The Buyer undertakes to compensate and deprive the seller of any third parties claims without undue delay after receiving the first reminder to compensation and at the same time undertake to resolve such disputes and claims of third parties.

1. The claims of the seller and the buyer. Termination of the contract and withdrawal from the contract.

2. In case of delay in payment of the purchase price or delay of other monetary liabilities from the buyer to the seller – both parties agreed that the contractual interest on late payment will be 18% p.a. from the amount owed. This does not affect the claim of the Seller to the payment of the contractual penalty in accordance with Article 7. point 7.5 these General Terms and Conditions below.

3. If the buyer is in delay with the payment of a monetary obligation for more than 15 days - the Seller is immediately entitled to withdraw from the Contract. The withdrawal notice must be made in writing and sent to the buyer's address. The Seller is also entitled to withdraw from the Contract if the Buyer refuses to take over the subject of the sale for any apparent reason.

4. The Seller is also entitled to withdraw from the Purchase Agreement in the case of a final court decision to annul and order the liquidation of the Buyer or if the Buyer is declared an insolvency procedure or if the buyer decides his cancellation.

5. The Buyer is entitled to withdraw from the Contract if the Seller is delayed with the handover of the subject of sale more than 15 days from the agreed delivery date. If the seller's delay is caused by obstacles to the buyer's side - the seller is not in delay with the handover of the subject of sale until the obstacles on the Buyer's side are removed.

6. If the purchase contract is canceled before the handover of the subject of sale for reasons on the part of the Buyer including the situation where the buyer refuses to take over or pay the subject of sale without any authorized reason - the buyer is obliged to pay the seller a contractual penalty of 30 % of the ordered purchase price without VAT. At the same time in addition to this contractual penalty to pay the seller all the costs incurred in connection with the performance of the purchase contract, in particular, the cost of the placement/composition of the subject of sale, fees and costs of the carrier, penalty and fines, etc.

7. In the case of termination on the purchase contract after the handover of the subject of sale for reasons from the part of buyer – the buyer is obliged to pay for each calendar day of holding the subject of sale, the fee for use in the amount according to the current valid price list of seller. Buyer is obliged to pay all costs incurred in connection with the performance of the purchase contract to seller. In particular the costs of the placement/composition of container, fees and costs of the carrier, penalty and fines, etc. and this does not affect the seller’s claim to the payment of the agreed contractual interest on late payment and the agreed contractual penalty.

8. In the case of delay of payments - the buyer is obliged to pay the seller all costs incurred by the Seller in connection with the recovery of receivables including the fee for the services of the company that deals with the recovery of receivables. The Buyer is also informed that the Seller is entitled to reimbursement of the flat-rate compensation of the costs associated with the claim of the claim of EUR 40 in accordance with the provision of § 2 of the Government Regulation no. 21/2013 Coll.

9. In the case of a delay in payment - the Seller is entitled to use the incoming funds first to pay the costs according to the previous paragraph and for interest on late payment and only then to pay the amount due.

1. Transmission of the rights

2. The Buyer is entitled to transmission the rights arising from the purchase contract to a third part only with the written consent of the Seller.

1. Final provisions

2. These General Terms and Conditions also apply to the sale of movable items or accessories of containers and especially parts of containers and equipment of containers.

3. Purchase contracts concluded between the seller on the one side and the third Party - physical person (non -entrepreneur) on the other side are governed by the relevant provisions of Act no. 40/1964 Coll. of The Civil Code, especially, but not exclusively the provisions of § 588 et seq.

4. Purchase contracts concluded between the seller on the one side and a third Party - a legal person or a physical person (entrepreneur) on the other side - are governed by the relevant provisions of Act no. 513/1991 Coll. The Civil Code, especially, but not exclusively by the provisions of § 409 et seq.

5. Possible disputes will be resolved mainly by conciliation. If the parties do not agree out of court, the resolution of the defendant's first-instance court will be appointed by the dispute determined under the relevant provisions of Act no. 40/1964 Coll. The Civil Code (eventually if two legal persons are contractual parties pursuant to Act No. 513/1991 Coll. of The Civil Code.

6. The rights and obligations of the seller and the buyer not stated here are governed by the Act No. 40/1964 Coll. Civil Code (eventually if two legal persons or physical persons - entrepreneur - pursuant to Act No. 513/1991 Coll. The Commercial Code).

7. These General Terms and Conditions are valid from 01.01.2025.