Terms & Conditions
General Terms and Conditions
Fairfleet GmbH & Co. KG
The contractual basis for all legal transactions with Fairfleet GmbH & Co. KG (hereinafter referred to as Fairfleet) is exclusively all the following terms and conditions. The respectively valid price list applies, with the publication of which all others lose their validity. Our offer is aimed exclusively at companies, authorities, corporations, corporations under public law, freelancers and self-employed persons in the context of their commercial activity. With the order, the customer assures to be an entrepreneur within the meaning of § 14 BGB.
All prices are exclusive of the statutory value added tax, freight forward ex warehouse Wülfrath, unless otherwise described separately. Price changes due to material price and wage increases are expressly reserved. Price changes do not imply any obligation to notify. The place of performance for goods and payment shall be deemed to be the respective registered office of our company. The place of jurisdiction for both parties is Mettmann.The contractual partner acknowledges the General Terms and Conditions of Fairfleet GmbH & Co. KG. They do not require his written consent. Consent is given by conclusive action and placing of an order. Deviations, changes and ancillary agreements must be made in writing and shall only become legally valid by mutual countersignature.
The booking of a geotag service is subject to a fee and begins on the day of the first activation of the device. The service fee must be paid monthly in advance by the third of each month at the latest. The service is extended by one month if it has not been cancelled before the end of the next month.
The service can be cancelled at the end of the following month. Termination must be in writing. In the event of termination, the terminated device will be permanently deactivated at the end of the contract period.
Terms of delivery:
There is no entitlement to delivery. Order confirmations only confirm receipt of order. Orders or orders are generally regarded as an application by the customer. The contract on our part is only concluded by full or partial delivery. We reserve the right to make subsequent deliveries. Delivery by us takes place exclusively carriage forward ex warehouse Wülfrath. The transfer of risk for loss, damage or accidental loss of goods to be delivered takes place regardless of the form of delivery upon handover to the respective carrier. Stated delivery times are always non-binding for us. For all delivery promises for later delivery, timely arrival of the goods and correct self-delivery is reserved. Non-delivery or late deliveries do not entitle the applicant to recourse claims against us. Any complaints about a delivery do not cancel the applicant’s obligation to accept and pay. Notices of defects are only valid if they are brought to our attention in writing within 8 calendar days after receipt of the goods, otherwise any claim against us expires. This also applies to so-called hidden defects. A warranty claim is excluded.
Unfree shipments of goods will not be accepted. Returns will only be accepted by prior arrangement. For returns, we charge a fee of 15% of the value of the goods, but at least 15, – Euro. The fee may be waived by prior arrangement in individual cases. Transport costs for justified complaints will be reimbursed in the amount of the usual domestic freight rates for standard shipping. This also applies to complaints from abroad.
Terms of payment:
All invoices are to be paid immediately and without any deduction free of charge to the paying agent. Bills of exchange, cheques and online payment services, such as PayPal, are only accepted by prior agreement and only on account of payment and shall only be considered as payment after unconditional crediting. Bank, discount, bill of exchange and other charges plus value added tax shall be borne by the customer.During the period of default, the customer shall pay interest on the debt at 5 percentage points above the base interest rate. If we receive unfavourable information after conclusion of the contract or if we become aware of negative circumstances, we are entitled to revoke all terms of payment granted or to withdraw from the contract and any delivery commitments! If the buyer or the applicant is in arrears with a payment, this may also result in the immediate payment of all our claims against him, even if payments with target or value date have been agreed. In the event of default in payment, we are generally entitled to charge reminder fees and default interest at 5 percentage points above the base interest rate. Fairfleet reserves the right to block web service access and other transmission services of the customer if the customer is in default of payment with his usage fee for more than 30 days or if the direct debit for due fees is not redeemed or charged back for reasons for which the customer is responsible. The blocking of access does not release from the obligation to pay. The costs for blocking and unlocking will be charged to the customer. All delivered goods remain our property until full payment. Insofar as goods delivered by us are modified or mixed with goods from other suppliers, we retain proportionate ownership of the resulting products in accordance with the value. The applicant undertakes to inform us immediately in the event of third party intervention in our property. In the event of bankruptcy or composition, segregation applies. Should one or more provisions of this contract be or become invalid, or if this contractual text contains a loophole, the contracting parties shall supplement or replace the invalid or incomplete provision with an appropriate provision that corresponds as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions remains unaffected.