- Our offers and delivery periods are non-binding.
- Delivery is made ex depot Vienna 23 or from any other agreed location, in each case at the buyer’s cost and risk (FOR/FOT).
- Payment must be made at the latest upon delivery and free of charges. In case of payment default, the buyer must pay default interest at the customary bank rate.
- The purchased item remains our property (retention of title) until full payment of the purchase price.
- In case of payment default by the buyer, we are entitled to demand immediate payment of the entire outstanding purchase price; this right also applies if, after conclusion of the contract, we become aware of unfavorable circumstances regarding the buyer’s solvency or financial situation.
- If the buyer in payment default still does not pay despite being granted a one-week grace period, we are entitled, without prejudice to our other rights, to withdraw from the contract in whole or in part or to repossess the purchased item subject to our retention of title, without this constituting a withdrawal from the contract; the buyer agrees that in these cases we are entitled to collect the purchased item subject to our retention of title at any time and without consultation with the buyer, at the buyer’s expense.
- We warrant that the purchased item is free from defects in accordance with the current state of the art for 6 months from delivery; this warranty is limited to improvement or free replacement of the defective parts at our discretion, whereby in the latter case any labor required for installation and removal, including any travel and transportation costs, shall always be borne by the buyer.
- The warranty periods are neither interrupted nor suspended nor triggered by the buyer’s assertion of warranty claims or by our promise, attempt, or execution of defect remediation.
- We are liable to the buyer for culpable damages to the extent that gross negligence or intent can be attributed to us or our vicarious agents; all other claims for damages by the buyer, in particular those for consequential damages resulting from defects, are excluded. This does not affect claims arising from statutory product liability.
- All claims are payable and actionable in Vienna; the court with subject-matter jurisdiction for the 3rd district of Vienna is agreed upon as the place of jurisdiction for all claims arising from the performance or non-performance of this contract. Austrian law applies.
Status: November 4, 2010
1. Applicability of the Terms and Conditions
1.1. These terms and conditions apply to all legal transactions in which CHV acts as seller vis-à-vis an entrepreneur within the meaning of the Austrian Commercial Code (UGB).
1.2. The customer expressly acknowledges these terms and conditions by placing an order.
1.3. These terms and conditions also apply to all future transactions with the customer.
1.4. Terms and conditions of the customer contained in the customer’s terms and conditions, orders, or offers are hereby expressly rejected. The unconditional acceptance of orders or offers by CHV does not constitute recognition of such terms.
2. Conclusion of Contract
2.1. All offers by CHV are subject to change and non-binding. This applies in particular to offer descriptions regarding services, prices, dimensions, weights, quality, and delivery periods.
2.2. Contracts are only concluded through written order confirmation by CHV. An order by the customer is accepted by CHV through a written order confirmation. The contract is only concluded upon receipt of the written order confirmation by the customer. Upon signature of the order confirmation by the customer and its return to CHV, its content is deemed correct and accepted.
2.3. In case of doubt, the customer is bound to the order for a period of ten days from receipt of the order by CHV.
3. Subject Matter of the Contract
3.1. CHV provides the tenant with the rental object (container and any accessories) owned by CHV for the duration of the rental relationship, exclusively for the agreed purpose of use at the agreed location, in exchange for payment of the agreed rent.
3.2. Purchase of the rental object by the tenant is not possible.
4. Obligations of the Tenant
4.1. The tenant is only entitled to use the rental object.
4.2. The tenant is prohibited from granting rights to the rental object to third parties or transferring the rental object in any way.
4.3. The rental object must be installed or used in compliance with all legal and safety regulations (in particular choice of installation location and prevention of access by unauthorized persons).
4.4. The tenant is obligated to instruct all persons using the container on the proper handling of the container.
4.5. The tenant must ensure that the labels and markings (owner’s plate, designation of origin) affixed to the rental object remain undamaged and clearly visible.
4.6. The tenant is obligated to notify CHV immediately in writing in case of damage, loss, or destruction of the rental object.
4.7. The tenant undertakes to use the rental object properly and with care.
4.8. Upon taking possession of the rental object, the tenant is obligated to maintain, repair, and care for it at the tenant’s own expense until its return.
4.9. Connections to the container(s) from the outer edge of the container must be carried out by a licensed company at the tenant’s expense.
4.10. The tenant is prohibited from making any modifications whatsoever to the rental object without the express consent of CHV.
4.11. The tenant must inform CHV of the installation location of the rental object before conclusion of the contract. Any change of installation location must be communicated to CHV immediately and requires CHV’s consent.
5. Liability of the Tenant
5.1. From the transfer of risk, the tenant is liable regardless of fault—unless there is fault on the part of CHV or persons attributable to CHV—including in cases of force majeure, for the deterioration, loss, or destruction of the rental object and accessories.
5.2. The tenant undertakes to indemnify and hold CHV harmless if CHV is held liable by third parties for damage events related to the rental object during the rental period, unless there is fault on the part of CHV or persons attributable to CHV.
6. Rent / Prices / Due Date
6.1. The rent specified in CHV’s order confirmation is binding.
6.2. The rent is understood as rent per rental object per calendar day.
6.3. Additional services by CHV (in particular outbound handling or inbound handling at the depot, any transport, freight, postage, assembly, installation, or packaging) as well as fees, charges, and taxes arising in connection with the rental agreement (in particular rental agreement fee) are to be borne by the tenant and will be invoiced separately.
6.4. Rental costs are invoiced monthly in advance, ancillary costs after performance or according to agreement.
7. Rental Period and Termination of the Rental Relationship
7.1. The rental period begins on the specified day and ends on the day the containers are received at CHV’s depot.
7.2. Ordinary termination of the rental agreement is only possible for rental agreements concluded for an indefinite period. In such cases, the rental agreement may be terminated by either party in writing with 14 days’ notice to the end of a calendar month.
7.3. Both parties are entitled to terminate the rental relationship at any time for good cause. Good cause for CHV exists in particular if
7.3.1. the tenant repeatedly falls into payment default.
7.3.2. the tenant does not fulfill or poorly fulfills its duty of care regarding the rental object and a warning by CHV is disregarded.
7.3.3. circumstances exist that call into question the tenant’s creditworthiness (e.g., dishonored checks, suspension of payments, enforcement action, insolvency petition)
7.3.4. the tenant ceases business operations.
8. Delivery and Return
8.1. The tenant always bears the costs and risk of transport.
8.2. Unless expressly agreed otherwise, the rental object is handed over on the day the rental period begins at CHV’s depot (Vienna 23, Lastenstraße 30) by self-collection by the tenant at the tenant’s cost and risk. Likewise, the tenant must return the rental object to CHV’s depot on the last day of the rental relationship at the tenant’s expense.
8.3. In case of agreed delivery by CHV, delivery is deemed fulfilled upon handover of the delivery item to the carrier.
8.4. Loading during collection and unloading upon return of the rental object is carried out by CHV at CHV’s depot at the tenant’s expense.
8.5. The rental object must be returned—taking into account normal wear and tear—in perfect, clean condition together with the keys handed over. This applies to both the exterior facade and the interior of the rental object, including any supplied furnishings or equipment.
8.6. For sanitary containers, the boiler must ALWAYS be emptied before transport.
8.7. Supplied furnishings and equipment must be secured for transport by the tenant before return, otherwise the tenant is liable for damage to the rented containers, rented furnishings, or rented equipment.
8.8. The condition of the rental object and the number of keys handed over are recorded by the tenant and CHV in a handover protocol (delivery note), the original of which remains with the tenant and the copy is handed to CHV.
8.9. In case of damage or soiling of the rental object, CHV is entitled to immediately carry out repair, restoration, or cleaning at the tenant’s expense. If this takes longer than three days, the tenant must additionally pay a contractual penalty regardless of fault in the amount of the agreed daily rental rate for the downtime of the rental object. However, CHV reserves the right to claim damages beyond this amount.
8.10. If not all of the keys handed over for each rental object are returned, CHV is entitled to replace the lock at the tenant’s expense. Alternatively, CHV is entitled to invoice the tenant for the costs of creating new keys.
8.11. In case of late return, a usage fee in the amount of the contractually agreed rent plus a penalty of 8% of the gross usage fee must be paid for each additional day beyond the rental relationship until the actual return to CHV. In addition, the tenant must compensate CHV for any further damage caused by the late return. Furthermore, after expiration of the rental period, CHV is entitled to retrieve the rental object itself at the tenant’s expense.
9. Official Approval / Legal Requirements
It is exclusively the tenant’s responsibility to obtain the private-law or official approvals required for the realization of the intended use. Any delays arising in this context have no effect on the beginning and end of the rental period. CHV bears no liability for this.
10. Performance Time / Partial Performance
10.1. Binding performance dates or periods must be agreed in writing.
10.2. CHV is entitled to partial performance at any time.
11. Transfer of Risk
11.1. Upon leaving CHV’s depot, the risk of accidental deterioration, accidental loss, or destruction of the contract object passes to the customer. This also applies in case of freight-free delivery.
11.2. The risk passes back to CHV after expiration of the rental period and upon arrival of the rental object at CHV’s depot in the course of return.
11.3. CHV does not provide transport or other insurance for the goods. If transport insurance is nevertheless taken out by CHV at the express request of the customer, the customer bears all costs.
12. Insurance
12.1. The rental object is not insured.
12.2. For the duration of the rental relationship, the tenant must insure the rental object and accessories against natural hazards (in particular storm and flood), theft, fire, burglary, breakage, vandalism, and transport (from depot to installation location), whereby the amount of the insurance sum must correspond to the replacement value of the rental object and accessories.
12.3. The tenant is obligated to inform the insurance company that CHV is the owner of the rental object and to name CHV as beneficiary. Upon conclusion of this rental agreement, the tenant also assigns all future claims against the insurer to CHV.
12.4. The tenant must submit a copy of the policy to CHV before delivery of the rental object begins. Otherwise, CHV is not obligated to hand over the rental object and the tenant is treated as if in default of acceptance.
13. Default of Acceptance
13.1. In case of default of acceptance by the customer, the risk of accidental loss and accidental deterioration passes to the tenant from the beginning of the rental period. In such case, the tenant is liable for all damages and expenses incurred by CHV due to the default of acceptance. Likewise, the rent for the entire rental period must be paid.
13.2. Non-use of the container—for whatever reason—does not release the tenant from payment of the full rent and compliance with all other contractual obligations.
14. Cost Estimates
14.1. In case of doubt, a cost estimate prepared by CHV is non-binding and subject to charge.
14.2. The prices contained therein are exclusive of VAT.
14.3. A cost estimate does not constitute an offer and does not obligate CHV to perform the services stated therein.
15. Drafts, Plans, Calculations
15.1. All drafts, plans, calculations, and other documents that CHV creates when preparing a cost estimate or executing an order remain the intellectual property of CHV. Transfer to third parties or other exploitation requires the express written consent of CHV.
15.2. For each violation of provision 18.1, the customer must pay CHV a contractual penalty of 30% of the calculated or agreed gross order sum, regardless of fault. The assertion of damages beyond this amount or further claims remains unaffected.
16. Warranty
16.1. The provisions of §§ 377 ff of the Austrian Commercial Code (UGB) apply.
16.2. The delivery must be inspected for defects immediately upon handover to the customer, their agent, or carrier. The delivery note or bill of lading must always state whether a defect was found (in such case, detailed in type and extent) or not, or whether immediate inspection is not possible. To preserve the customer’s rights, CHV must receive a notice of defects within 8 days of receipt of the goods at the final delivery destination, otherwise all claims (including consequential damages from defects) are excluded.
16.3. If a possible defect is not recognizable upon handover or subsequent inspection, but only later, the defect must be reported to CHV in detail regarding type and extent within 8 days of detectability of the defect, otherwise all claims are excluded.
16.4. Unauthorized interventions on the contract object void the warranty claim. Natural wear and tear, improper handling, excessive use, negligence, and modifications without written approval by CHV exclude any warranty.
16.5. The recipient must always prove that the defect already existed at the time of handover.
16.6. Commercially customary or technically unavoidable deviations of the goods in quality, color, width, and weight do not constitute defects.
17. Price / Payment
17.1. Prices are exclusive of VAT and in the currency Euro. VAT is invoiced separately.
17.2. Prices apply ex works or warehouse.
17.3. Ancillary costs such as taxes, fees, packaging, insurance, customs, postage, outbound handling at the depot, any transport, freight, and assembly are invoiced separately.
17.4. CHV is entitled to invoice the customer for any wage or material price increases, freight increases, increases or introduction of insurance costs, customs duties, taxes, or other charges occurring after conclusion of the contract.
17.5. Cash discount deduction is only permitted with special written agreement.
17.6. Payment is only deemed made when CHV can dispose of the amount.
17.7. All expenses related to payment are borne by the customer.
17.8. Checks and bills of exchange are only accepted by CHV with express agreement and always only on account of payment. CHV is not obligated to use, honor, or protest the checks and bills of exchange.
17.9. CHV is entitled, despite contrary designations by the customer, to apply payments first to the oldest debt, namely first to costs, then to interest, and then to principal. With regard to several debts of equal rank, the oldest debt applies. If the designation is based on defects recognized by CHV or established by court, it must be taken into account.
17.10. Before full payment of all due invoice amounts—unless payments are withheld due to defects established by court or recognized by CHV—CHV is not obligated to provide further services.
17.11. In case of non-compliance with agreed payment terms, the entire outstanding debt becomes due.
17.12. If there are justified doubts about the solvency or creditworthiness of the contracting party (e.g., dishonored checks, suspension of payments, enforcement actions, insolvency petition), CHV is entitled to withhold deliveries or services until the agreed consideration is provided and to demand advance payment or security. If the contracting party refuses to comply with the demand for security, CHV is entitled to withdraw from the contract immediately without further requirements. In such case, the contracting party is obligated to reimburse CHV for all expenses incurred up to that point.
18. Payment Default
18.1. In case of (non-culpable) payment default by the customer, CHV is entitled to charge default interest at the rate of 12% p.a.
18.2. The contracting party undertakes, even in case of non-culpable payment default, to reimburse CHV for dunning and collection costs to the extent that they are necessary for appropriate legal enforcement and reasonable in relation to the claim, whereby the contracting party specifically undertakes, in case of engagement of a collection agency, to reimburse CHV for the resulting costs, provided they do not exceed the maximum rates of remuneration due to collection agencies according to the regulation of the Federal Ministry of Economics and Labour. If CHV operates the dunning system itself, the contracting party undertakes to pay an amount of EUR 12 per dunning notice sent and an amount of EUR 5 per half-year for maintaining the debt relationship in the dunning system. In addition, any further damage, in particular damage arising from higher interest rates on any credit accounts of CHV as a result of non-payment, must be reimbursed regardless of fault for payment default.
19. Damages
19.1. CHV is only liable in case of fault or express contractual assurance of special characteristics of the contract object.
19.2. Liability for fault is limited to gross negligence and intent. This also applies to vicarious agents of CHV.
19.3. Liability for consequential damages is excluded.
19.4. For personal injury, CHV is liable for itself and its vicarious agents even in case of slight negligence and for consequential damages.
19.5. Liability under the Product Liability Act remains unaffected.
20. Prohibition of Set-Off, Waiver of Lien and Right of Retention
20.1. The tenant is only entitled to set-off if the counterclaims have been established by final judgment or are undisputed.
20.2. The tenant expressly waives the exercise of the lien and right of retention on the contract object, unless the contracting party’s claims have been established by final judgment or are undisputed.
21. Written Form
Ancillary agreements, amendments, supplements, or exclusion of these terms and conditions as well as all agreements or declarations require written form to be effective. This also applies to the waiver of the written form clause itself.
22. Place of Performance / Jurisdiction / Applicable Law / Contract Language
22.1. The place of performance for the service to be provided by CHV is the location of the delivery plant or warehouse from which delivery is made. In case of doubt, this is CHV’s depot in Vienna 23, Lastenstraße 30.
22.2. The place of performance for services to be provided by the customer, including payment, is Vienna.
22.3. The place of jurisdiction for both contracting parties for all disputes arising from the business relationship is the court with subject-matter jurisdiction for the 23rd district of Vienna.
22.4. Exclusively Austrian substantive and procedural law applies, excluding all conflict-of-law rules, in particular the UN Convention on Contracts for the International Sale of Goods and private international law.
22.5. The contract language is German.
23. Severability Clause
Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, this does not affect the validity of the remaining provisions.
Due to the current rapid increase in fuel prices, we are forced to charge a diesel surcharge, which is adjusted weekly based on the attached diesel price table (published weekly by the Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology at https://www.bmwet.gv.at/Themen/Energie/kosten.html#aktuellepreise).