Terms and Conditions
§ 1 Exclusive Validity
Deliveries, services, and offers by FGS Slovakia s. r. o. (hereinafter referred to as FGS) are made exclusively on the basis of these General Terms and Conditions. Conflicting or deviating conditions of the contractual partner will not be recognized.
§ 2 Definition
Due to their design and intended use, FGS modular units and containers are considered mobile facilities and not fixed buildings. If the BUYER disagrees with this definition, they must express this in writing before placing the order.
§ 3 Right of Set-Off and Retention
The BUYER may only exercise the right of set-off if their claims are legally established, undisputed, or recognized. The right of retention may only be exercised if it is based on the same contractual relationship.
§ 4 Force Majeure
In the event of delays due to force majeure or similar events—especially strikes, lockouts, etc.—FGS is entitled to extend the delivery period for the duration of the hindrance plus a reasonable ramp-up period. The same applies to delayed deliveries by FGS’s subcontractors.
§ 5 Complaints, Notification Obligations, Warranty Period, and Limitations
The BUYER must report defects as follows:
Obvious defects: within 10 working days of receiving the goods
Hidden defects: within 10 working days of their discovery
Hidden defects: within 10 working days of their discovery
FGS provides a two-year warranty on the design and craftsmanship after proper handover. For the following components, warranties follow the manufacturers’ terms: electrical appliances and cables, heating, air conditioning, boilers, faucets, sinks, urinals, shower cabins, windows, doors, shutters, and other special construction parts. Other warranty limitations may be negotiated separately.
Warranty is void or limited in cases such as customer-induced damage during construction preparation, improper handling, lack of maintenance, or vandalism.
§ 6 Acceptance
If the BUYER does not confirm in writing within 10 working days after being invited by FGS to accept the goods, acceptance is considered to have taken place ("fictitious acceptance").
§ 7 Construction Documentation
The floor and foundation plans are based on the project study from the customer. Any additional documentation requested by the customer must be negotiated and may be charged separately.
§ 8 BUYER Responsibilities
The BUYER is responsible for obtaining building permits. Construction begins from the bottom edge of the container. FGS manufactures in accordance with valid European standards. The BUYER must inform FGS of all applicable regional building regulations.
§ 8.1 Foundation
The customer must ensure a stable foundation as per plans provided by FGS or as approved. Acceptable tolerance: ±10 mm.
If the foundation is not up to specification, FGS may refuse installation. Any resulting additional costs will be charged to the BUYER. Proper ventilation and drainage between the base and the building floor must also be ensured.
§ 8.2 Assembly
The BUYER must provide: a crane, power source (within 10 m), water and sewage connections, a WC cabin, and a waste container. Scaffolding must also be available if needed.
Access for FGS personnel must be guaranteed. Any work hindered by third parties must be documented for liability. External cleaning is the BUYER's responsibility. The interior will be handed over clean and empty. Plumbing and electrical connections must be ready by the final assembly day.
§ 8.3 Transport
The BUYER must ensure site accessibility. Upon delivery, the containers must be inspected immediately and any damage noted in the delivery note and photographed. Claims for transport-related damage are only valid if properly documented.
§ 8.4 Maintenance Instructions
Constant indoor temperature must be maintained. Ventilation must occur daily. The roof must be kept clear of debris (e.g. leaves) to prevent drainage blockages.
§ 9 Default Interest
In case of delayed payment, FGS is entitled to charge statutory default interest. Higher proven damages may also be claimed. The BUYER may prove that a smaller loss occurred.
§ 10 Purchase Price
Prices are listed on the invoice including VAT. The payment period begins upon delivery. Payment terms will be specified in the purchase agreement.
§ 11 Retention of Title
Ownership is transferred only after full payment. If the goods are seized or affected by third parties, the BUYER must inform FGS immediately. The BUYER is not permitted to resell or otherwise dispose of the goods. In case of breach, FGS may reclaim the goods.
§ 12 Intellectual Property Rights
In case of intellectual property or copyright infringement, the BUYER is liable for all resulting damages to FGS.
§ 13 Confidentiality
FGS retains ownership and copyright of all drawings, calculations, and documents. The BUYER agrees to treat all information as confidential and not disclose it without written permission from FGS.
§ 14 Deviating Agreements
Only persons registered in the commercial register as authorized representatives may enter into oral supplementary agreements. In case of conflict between these General Terms and a specific contract, the provisions of the specific contract shall prevail.
