General Terms and Conditions


General Terms and Conditions of Business and Contract
Fairfleet GmbH & Co KG
Robert-Bosch-Str. 15
D-42489 Wülfrath

General information:

The contractual basis for all legal transactions with Fairfleet GmbH & Co KG (hereinafter referred to as Fairfleet) are exclusively the following terms and conditions. The currently valid price list shall apply, with the publication of which all others lose their validity. Our offer is aimed exclusively at companies, authorities, corporations, public corporations, freelancers and self-employed persons within the scope of their commercial activities. By placing an order, the customer assures that he is an entrepreneur within the meaning of § 14 BGB.

All prices are subject to statutory value added tax, freight collect ex warehouse Wülfrath, unless otherwise specified. We expressly reserve the right to change prices due to increases in material prices and wages. Price changes do not require any notification. The place of performance for goods and payment shall be the respective registered office of our company. The place of jurisdiction for both parties is Mettmann.

The contractual partner recognizes the General Terms and Conditions of Fairfleet GmbH & Co KG. They do not require his written consent. Consent is given by conclusive action and the placing of an order. Deviations, amendments and ancillary agreements must be made in writing and shall only be legally valid if countersigned by both parties.

The customer is responsible for the return of all hardware at his own expense, for all hardware within the scope of term contracts incl. Hardware, hardware in the context of tests and pilots and other hardware made available and owned by Fairfleet. If the hardware is not returned four weeks after the request, it is deemed to have been ordered and purchased and will be charged in full. Current monthly fees are then deemed to have been ordered and will be charged from the time of the request.

Terms of delivery:

There is no entitlement to delivery.

Order confirmations only confirm receipt of the application. Orders or commissions are always deemed to be an application by the customer. The conclusion of the contract on our part only takes place through full or partial delivery. We reserve the right to make subsequent deliveries.

We only deliver carriage forward from our warehouse in Wülfrath. Transfer of risk for loss, damage or accidental destruction of goods to be delivered shall take place upon handover to the respective carrier, irrespective of the form of delivery. Stated delivery times are always non-binding for us. All delivery promises for later delivery are subject to the timely arrival of the goods and correct self-delivery. Non-deliveries or late deliveries do not entitle the applicant to any recourse claims against us.

Any complaints about a delivery do not cancel the applicant’s obligation to accept and pay. Notices of defects shall only be valid if they are brought to our attention in writing within 8 calendar days of receipt of the goods, otherwise any claim against us shall lapse. This also applies to so-called hidden defects. A warranty claim is excluded.

Terms of contract:

Conclusion of contract:

The devices and services are billed from the time of activation (Service at a Service (SaaS) contracts). Unless otherwise agreed, the contract term is until the end of the following month.


The service can be terminated at the end of the following month. Notice of termination must be given in writing. In the event of termination, the terminated device will be permanently deactivated at the end of the contract period.


Unpaid consignments 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 in individual cases by prior arrangement.

Terms of payment:

All invoices are to be paid immediately and without any deduction free paying agent. Bills of exchange, checks and online payment services, such as Paypal, shall only be accepted by prior agreement and only on account of payment and shall only be deemed payment after unconditional crediting. Bank, discount, bill of exchange and other charges plus VAT 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 prime rate.

If we receive unfavorable information after conclusion of the contract or if we become aware of negative circumstances, we shall be entitled to revoke all payment terms 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 all our claims against him becoming due immediately, even if payments with destination or value date have been agreed. In the event of late payment, we are generally entitled to charge reminder fees and interest on arrears at 5 percentage points above the prime rate.

Fairfleet reserves the right to block web service access and other transmission services of the customer if the customer is in arrears with its usage fee or if the direct debit for fees due is not honored or charged back for reasons for which the customer is responsible. Blocking access does not release the customer from the obligation to pay. The costs for blocking and unblocking are charged to the customer. Fairfleet is not liable for any damages incurred by the customer as a result.

All delivered goods remain our property until full payment has been made. If goods delivered by us are modified or mixed with goods from other suppliers, we shall retain a proportionate ownership of the resulting products in accordance with their value. The applicant undertakes to inform us immediately if third parties interfere with our property. In the event of bankruptcy or composition, segregation applies. The simple and extended retention of title generally applies.

Should one or more provisions of this contract be or become ineffective, or should this contract text contain a loophole, the contracting parties shall supplement or replace the ineffective or incomplete provision with an appropriate provision that corresponds as far as possible to the economic purpose of the intended provision. This shall not affect the validity of the remaining provisions.


No responsibility is taken for the correctness, completeness and up-to-dateness of the data. Liability, in particular for any material or immaterial damage or consequences arising from the use of our website and the hardware and services offered, is excluded. The customer is responsible for proper operation and compliance with local legal regulations and laws.

The user bears sole responsibility under criminal and civil law for illegal or incorrect use and in particular for damage resulting from use or non-use.

Heinrich Hecker
Managing Director

Wülfrath 2023

General Terms and Conditions Fairfleet GmbH Co KG 2023