Terms and Conditions
General Terms and Conditions of Business and Contract
Fairfleet GmbH & Co. KG
Robert-Bosch-Str. 15
D-42489 Wülfrath
Convenience translation – only the German version is legally binding.
General:
All legal transactions with Fairfleet GmbH & Co. KG (hereinafter referred to as Fairfleet) are based exclusively on the following terms and conditions. The price list in force at the time applies; upon its publication all previous price lists become invalid. Our offer is aimed exclusively at companies, public authorities, corporations, public-law bodies, freelancers and self-employed persons in the course of their business activities. By placing an order, the customer confirms that they are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
All prices are exclusive of statutory VAT, carriage forward ex warehouse Wülfrath, unless otherwise stated. We expressly reserve the right to change prices due to increases in material prices and wages. Price changes do not require notification. The place of performance for goods and payment is the registered office of our company. The place of jurisdiction for both parties is Mettmann.
The contractual partner accepts the General Terms and Conditions of Business and Contract of Fairfleet GmbH & Co. KG. They do not require the partner's written consent; consent is given by conclusive conduct and by placing an order. Deviations, amendments and side agreements must be made in writing and only become legally valid when countersigned by both parties.
The customer is responsible, at its own expense, for returning all hardware owned by Fairfleet: all hardware provided under fixed-term contracts including hardware, hardware provided for tests and pilots and any other hardware made available. If the hardware is not returned within four weeks of being requested, it is deemed ordered and purchased and will be invoiced in full. Ongoing monthly fees are then deemed ordered and will be charged from the date of the request.
Terms of delivery:
There is no entitlement to delivery.
Order confirmations only confirm receipt of the order. Orders are always deemed an offer by the customer. The contract is only concluded on our part by full or partial delivery. Subsequent deliveries are reserved.
We deliver exclusively carriage forward ex warehouse Wülfrath. The risk of loss, damage or accidental destruction of the goods passes to the customer upon handover to the carrier, regardless of the form of delivery. Stated delivery times are always non-binding. All commitments to later delivery are subject to timely arrival of the goods and correct delivery to us by our own suppliers. Non-delivery or late delivery does not entitle the customer to claims against us.
Any complaints about a delivery do not release the customer from the obligation to accept and pay. Notices of defects are only valid if they are received by us in writing within 8 calendar days of receipt of the goods; otherwise all claims against us lapse. This also applies to so-called hidden defects. Warranty claims are excluded.
Contract terms:
Conclusion of contract:
Devices and services are billed from the time of activation (Software as a Service (SaaS) contracts). Unless otherwise agreed, the contract term runs until the end of the following month.
Termination:
The service can be terminated at the end of the following month. Termination must be in writing. Upon termination, the device concerned is permanently deactivated at the end of the contract term.
Returns:
Shipments sent carriage forward will not be accepted.
Returns are only accepted by prior arrangement. For returns we charge a fee of 15% of the value of the goods, but at least EUR 15. The fee may be waived in individual cases by prior arrangement.
Terms of payment:
All invoices are payable immediately without any deduction, free of charges to our paying agent. Bills of exchange, cheques and online payment services such as PayPal are only accepted by prior agreement and only on account of performance, and are only deemed payment once credited unconditionally. Bank, discount, exchange and other charges plus VAT are borne by the customer.
During default, the customer shall pay interest on the amount owed at 5 percentage points above the base interest rate.
If, after conclusion of the contract, we receive unfavourable credit information or become aware of negative circumstances, we are entitled to revoke all payment terms granted or to withdraw from the contract and all delivery commitments.
If the buyer or customer defaults on a payment, all our claims against them may become due immediately, even if payment terms or value dates were agreed. In the event of default we are entitled to charge reminder fees and default interest at 5 percentage points above the base interest rate.
Fairfleet reserves the right to block the customer's web service access and other transmission services if the customer is in arrears with its usage fees or if a direct debit for fees due is not honoured or is charged back for reasons for which the customer is responsible. Blocking access does not release the customer from the obligation to pay. The costs of blocking and unblocking are charged to the customer. Fairfleet is not liable for any resulting damage to the customer.
All goods delivered remain our property until paid in full. If goods delivered by us are modified or mixed with goods from other suppliers, we retain co-ownership of the resulting products in proportion to their value. The customer undertakes to notify us immediately of any third-party interference with our property. In the event of insolvency or composition proceedings, the right of separation applies. Simple and extended retention of title applies in general.
Should one or more provisions of this contract be or become invalid, or should this contract contain a gap, the parties shall supplement or replace the invalid or incomplete provision with an appropriate provision that comes as close as possible to the economic purpose of the intended provision. The validity of the remaining provisions remains unaffected.
Disclaimer
No guarantee is given for the accuracy, completeness or timeliness of the data. Any liability, in particular for material or immaterial damage or consequences arising from the use of our offer and the hardware and services offered, is excluded. The customer is responsible for proper operation and for compliance with local legal regulations and laws.
The user alone bears criminal and civil responsibility for illegal or incorrect use and in particular for damage arising from use or non-use.
Heinrich Hecker
Managing Director
Wülfrath 2023
Terms and Conditions Fairfleet GmbH Co KG 2023 (PDF, German)