Terms and Conditions

1. Scope of Application (Geltungsbereich)

1.1 These General Terms and Conditions (Allgemeine Geschäftsbedingungen) apply to all offers, deliveries and services of YISU GROUP GmbH under the AUX Container brand.

1.2 They apply in particular to the planning, design, manufacture, delivery and installation of:

• Office containers
• Residential containers
• Sanitary and WC containers
• Retail and catering containers
• Storage and technical containers
• Gatehouse containers
• School and kindergarten containers
• Modular buildings and container complexes
• Tiny houses and living modules
• Residential containers on trailers
• Steel frame and heavy steel structures

Halls, special-purpose buildings and customer-specific structures

Accessories, technical equipment and supplementary services

1.3 These Terms and Conditions apply both to consumers (Verbraucher) and to entrepreneurs (Unternehmer), legal entities under public law and special funds under public law, unless individual provisions expressly differentiate.

1.4 A consumer (Verbraucher) is any natural person who enters into a legal transaction predominantly for purposes that can be attributed neither to their commercial nor to their self-employed professional activity.

1.5 An entrepreneur (Unternehmer) is any natural or legal person or partnership with legal capacity which, when concluding the contract, acts in the exercise of its commercial or self-employed professional activity.

1.6 Deviating terms and conditions of the customer shall not apply unless we have expressly consented to their validity in text form (Textform).

2. Offers and Conclusion of Contract (Angebote und Vertragsschluss)

2.1 Our offers are subject to change and non-binding (freibleibend und unverbindlich) unless they are expressly designated as binding.

2.2 A contract is concluded by:

• our order confirmation (Auftragsbestätigung) transmitted in writing or in text form,

the signing of a contract by both parties or

the execution or delivery of the agreed service.

2.3 Information on websites, in brochures, configurators, advertisements, price lists, visualisations and product presentations does not, as a matter of principle, constitute a binding contractual offer.

2.4 Technical drawings, plans, visualisations, illustrations, weight specifications, dimensions and technical descriptions serve to specify the project. Only those characteristics expressly agreed in the order confirmation (Auftragsbestätigung) or in the contract documents are binding.

2.5 Verbal side agreements and subsequent amendments require at least text form (Textform) for documentation purposes.

3. Custom Manufacturing and Planning Basis (Individuelle Fertigung und Planungsgrundlagen)

3.1 Our products are predominantly planned and manufactured individually in accordance with the customer’s requirements.

3.2 The customer is obliged to provide all information required for planning and execution completely, correctly and in good time. This may include in particular:

• Property and site details
• Access and installation situation
• Dimensions and heights
• Intended use
• Ground and foundation conditions
• Utility connections
• Official requirements
• Snow load, wind load and fire protection requirements
• Equipment and material preferences
• Necessary permits (Genehmigungen)

Plans and existing documentation

3.3 Additional costs or delays arising from incorrect, incomplete or belatedly provided information shall be borne by the customer, insofar as the customer is responsible for these circumstances.

3.4 Changes made after planning approval (Planungsfreigabe) has been granted can only be taken into account if they are still technically and organisationally possible. Any resulting additional costs and schedule changes will be communicated to the customer prior to execution.

3.5 Deviations customary in production, technically necessary deviations or minor deviations in dimensions, colours, surfaces, grain patterns and material structures remain permissible, provided that the agreed function and fitness for use are not substantially impaired.

4. Technical Documents, Structural Analysis (Statik) and Permits (Genehmigungen)

4.1 Insofar as agreed, we prepare or procure technical drawings, structural calculations (Statik), planning documents and further project-related documents.

4.2 The specific scope of these services is governed exclusively by the offer and the order confirmation.

4.3 A building permit (Baugenehmigung), change of use (Nutzungsänderung) or other official approval forms part of our services only if this has been expressly agreed.

4.4 If we undertake to apply for a permit, we owe a professionally correct application, but not any particular outcome of the official procedure. The decision lies exclusively with the competent authority.

4.5 Official fees, inspection fees, surveying costs, soil surveys (Bodengutachten), external specialist planning and other third-party services are only included if this has been expressly agreed.

4.6 Unless otherwise agreed, the customer is responsible for ensuring that the public-law requirements for the installation, use and operation of the product are satisfied.

5. Prices (Preise)

5.1 All prices are stated in euros.

5.2 Towards consumers, the final prices shown include statutory value added tax (gesetzliche Umsatzsteuer), unless expressly stated otherwise.

5.3 Towards entrepreneurs, prices are generally exclusive of the applicable statutory value added tax.

5.4 The agreed price includes only those services expressly named in the offer or in the order confirmation.

5.5 Additional services, changes, waiting times, difficult access routes, special crane positioning, official requirements, site conditions that were not identifiable or other additional expenses may be invoiced separately, insofar as we are not responsible for them.

6. Terms of Payment (Zahlungsbedingungen)

6.1 The payment terms follow primarily from the individual offer and the order confirmation.

6.2 Unless otherwise agreed, the following payment schedule may apply:

50 per cent down payment (Anzahlung) upon placement of the order

• 40 per cent before delivery or after notification of completion (Fertigstellungsanzeige)

10 per cent after delivery or installation

6.3 In the case of pure delivery transactions without installation, payment of the full remaining balance may be agreed prior to loading or delivery.

6.4 Payments are to be made without deduction within the period stated on the invoice.

6.5 If the customer is in default of payment (Zahlungsverzug), the statutory provisions on default shall apply.

6.6 In the event of substantial doubts as to the customer’s solvency, outstanding instalments or other material breaches of contract, we may suspend further services until appropriate security has been provided.

7. Delivery and Performance Periods (Liefer- und Leistungszeit)

7.1 Delivery and completion dates are binding only if they have been expressly confirmed as binding.

7.2 Stated delivery times only commence once:

• the contract has been validly concluded,
• the agreed down payment has been received,
• all technical questions have been clarified,
• the necessary approvals are available,
• the customer has provided the required documents and

any necessary permits are available.

7.3 Subsequent changes or belated acts of cooperation by the customer shall extend the delivery time appropriately.

7.4 Events of force majeure (höhere Gewalt) and other circumstances for which we are not responsible, in particular natural events, war, official measures, strikes, lockouts, epidemics, significant supply chain disruptions, power failures or material shortages through no fault of our own, shall extend agreed deadlines by the duration of the impairment plus a reasonable restart period.

7.5 In the case of larger quantities or extensive facilities, partial deliveries and installation in stages are permissible, provided that this is reasonable for the customer or has been agreed.

8. Delivery, Transport and Unloading (Lieferung, Transport und Entladung)

8.1 Delivery is made to the delivery address agreed in the contract.

8.2 The customer is obliged to ensure in good time that access is sufficiently paved, load-bearing, unobstructed and safely passable.

8.3 The customer must ensure that transport vehicles, trailers, cranes and installation vehicles can reach the delivery and installation site and can work safely there.

8.4 Obstacles such as power lines, trees, canopies, narrow access routes, site installations, parked vehicles or surfaces that are not load-bearing must be notified to us in good time.

8.5 If additional costs arise due to inadequate access, lack of preparation, waiting times or obstacles that were not notified, these shall be borne by the customer, insofar as the customer is responsible for the cause.

8.6 Unloading and crane positioning form part of our services only if this has been expressly agreed.

8.7 If the customer collects the product itself or through a carrier commissioned by it, organisation, load securing and transport risk pass to the customer in accordance with the statutory provisions or the agreement reached.

9. Foundations and On-Site Prerequisites (Fundamente und bauseitige Voraussetzungen)

9.1 Foundations, floor slabs, point foundations, connections and other on-site services (bauseitige Leistungen) form part of our scope of services only if this has been expressly agreed.

9.2 If foundations are created by the customer or by third parties, they must comply with the dimensions, heights, load-bearing capacities and tolerances specified by us.

9.3 The customer bears responsibility for the load-bearing capacity of the subsoil, unless a soil survey (Bodengutachten) or a corresponding examination by us has been expressly commissioned.

9.4 Additional costs and delays due to defective, incomplete or dimensionally inaccurate preliminary work shall be borne by the customer, insofar as the customer is responsible for them.

9.5 Necessary utility connections, in particular electricity, water, waste water, telecommunications and earthing, must be professionally available at the agreed time, unless they form part of our order.

10. Installation (Montage)

10.1 Installation services are carried out in accordance with the scope agreed in the contract.

10.2 The customer shall ensure that the installation site is freely accessible, cleared, safe and ready for installation on the agreed date.

10.3 In the case of multi-part facilities, the modules are joined on site, sealed and closed on the inside and outside in accordance with the agreed design.

10.4 The necessary power and water supply for installation work as well as adequate sanitary facilities are to be provided by the customer, unless otherwise agreed.

10.5 Delays or additional costs due to unfulfilled on-site prerequisites may be invoiced separately.

10.6 The customer or an authorised representative should be present at completion or acceptance (Abnahme).

11. Acceptance (Abnahme)

11.1 Insofar as the service has the character of a contract for work (Werkvertrag), the customer is obliged to accept it (Abnahme) once it has been completed in accordance with the contract.

11.2 Acceptance may not be refused on account of immaterial defects.

11.3 Known defects and outstanding works are to be recorded in an acceptance protocol (Abnahmeprotokoll).

11.4 The statutory provisions on acceptance remain unaffected.

11.5 Commissioning, use or transfer of the product may be deemed acceptance within the scope of the statutory requirements, provided that the customer has not previously refused acceptance with justification on account of a material defect.

12. Passing of Risk (Gefahrübergang)

12.1 Towards consumers, the statutory provisions on the passing of risk apply.

12.2 Towards entrepreneurs, the risk passes to the customer at the latest upon handover to the forwarding agent, carrier or other transport company, unless installation by us has been agreed.

12.3 Where installation has been agreed, the risk generally passes upon acceptance of the installation work.

12.4 If dispatch, delivery or acceptance is delayed for reasons for which the customer is responsible, the risk passes to the customer, to the extent legally permissible, upon the occurrence of the delay.

13. Retention of Title (Eigentumsvorbehalt)

13.1 The delivered products remain our property until all claims arising from the respective contractual relationship have been paid in full.

13.2 Towards entrepreneurs, the goods remain our property until all claims arising from the ongoing business relationship have been settled in full.

13.3 The customer may neither sell, pledge nor assign as security goods subject to retention of title (Vorbehaltsware) without our prior consent, unless otherwise applicable in the ordinary course of business.

13.4 In the event of third-party access to goods subject to retention of title, the customer must inform us without undue delay.

14. Customer’s Duties to Cooperate (Mitwirkungspflichten des Kunden)

14.1 The customer is obliged to perform all acts of cooperation required for the provision of the services completely and in good time.

14.2 These include in particular:

• Provision of correct project information
• timely plan approvals
• creation of the access route
• preparation of the installation site

Provision of suitable foundations

• obtaining the necessary permits, insofar as not commissioned
• ensuring the necessary connections
• coordination of other trades

Designation of a contact person who can be reached

14.3 If a required act of cooperation is not performed, we may postpone dates appropriately and invoice any additional costs incurred as a result.

15. Rights in Respect of Defects (Mängelrechte)

15.1 The statutory provisions apply to defects, unless a legally permissible deviating arrangement is set out below.

15.2 There is no defect in the case of:

• customary and technically unavoidable dimensional tolerances
• minor colour or surface deviations
• material-typical properties
• wear and tear
• damage resulting from improper use
• missing or unsuitable maintenance
• unauthorised modifications or repairs
• unsuitable foundations or subsoil conditions
• faulty on-site connections
• unusual external influences
• exceeding agreed load limits

Damage resulting from force majeure (höhere Gewalt)

15.3 The customer must give us the opportunity to inspect and to provide subsequent performance (Nacherfüllung).

15.4 The nature and scope of subsequent performance are governed by the statutory provisions. We are entitled, at our discretion, to remedy the defect or to provide a replacement, insofar as the law does not provide for a right of choice on the part of the customer.

15.5 Entrepreneurs must notify identifiable defects in text form without undue delay after delivery or acceptance. The statutory duties of examination and notification of defects, in particular under § 377 HGB, remain unaffected.

15.6 Statutory rights of consumers are not restricted by these provisions.

16. Guarantee (Garantie)

16.1 An independent guarantee exists only if it has been expressly promised in writing or in text form.

16.2 The scope, duration, conditions and exclusions of a guarantee are governed exclusively by the respective guarantee declaration.

16.3 Statutory rights in respect of defects (Mängelrechte) remain unaffected by an additional guarantee.

17. Liability (Haftung)

17.1 We are liable without limitation:

in cases of intent and gross negligence,

• in the event of culpable injury to life, body or health,
• under the provisions of the Produkthaftungsgesetz (German Product Liability Act),

in the event of fraudulent concealment of a defect,

in the event of the assumption of an express guarantee, insofar as the guarantee relates to the damage that occurred.

17.2 In the event of a slightly negligent breach of material contractual obligations (wesentliche Vertragspflichten), our liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.

Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner may regularly rely.

17.3 In all other respects, liability for slight negligence is excluded, to the extent legally permissible.

17.4 The above limitations of liability also apply in favour of our legal representatives, employees and vicarious agents (Erfüllungsgehilfen).

17.5 Mandatory statutory liability provisions remain unaffected.

18. Right of Withdrawal for Consumers (Widerrufsrecht für Verbraucher)

18.1 Consumers may be entitled to a statutory right of withdrawal (Widerrufsrecht) in the case of distance contracts (Fernabsatzverträge) or contracts concluded away from business premises.

18.2 The right of withdrawal may be excluded in particular in the case of contracts for goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to personal needs.

18.3 Since our containers, modules, tiny houses, steel structures and other products are regularly manufactured according to individual dimensions, floor plans, colours, fittings or technical requirements, no statutory right of withdrawal may exist in the case of correspondingly individualised products.

18.4 Whether a right of withdrawal exists depends on the specific contract and on the statutory provisions. Where required, the consumer receives a separate withdrawal instruction (Widerrufsbelehrung) before the contract is concluded.

19. Cancellation and Termination of Contract (Stornierung und Vertragsbeendigung)

19.1 A free right of cancellation exists only insofar as it is provided for by law or has been expressly agreed.

19.2 In the event of a rescission of the contract requested by the customer, planning, material, production, administrative and other expenses already incurred as well as any damage incurred may be invoiced.

19.3 Statutory rights of termination remain unaffected.

19.4 Materials already procured individually, plans already prepared and custom manufacturing already started shall be taken into account upon termination of the contract in accordance with the statutory provisions.

20. Intellectual Property Rights in Plans and Documents (Schutzrechte an Planungen und Unterlagen)

20.1 All offers, drawings, designs, structural concepts, visualisations, calculations, plans and other documents prepared by us remain our intellectual property, unless expressly agreed otherwise.

20.2 They may not be reproduced, passed on to third parties or used for manufacture by other companies without our prior consent.

20.3 The customer receives the rights of use required for the agreed contractual purpose after full payment of the remuneration agreed for this.

20.4 No rights of use are transferred in respect of designs and offer documents that have not been commissioned.

21. Set-off and Right of Retention (Aufrechnung und Zurückbehaltungsrecht)

21.1 The customer may only set off (aufrechnen) claims that are undisputed, legally established or arising from the same contractual relationship.

21.2 A right of retention (Zurückbehaltungsrecht) may only be exercised on account of claims arising from the same contractual relationship.

21.3 Mandatory statutory rights of consumers remain unaffected.

22. Use as Reference (Referenznutzung)

22.1 We may photograph completed projects for reference and documentation purposes and use them in a factual manner, provided that no legitimate interests of the customer, trade secrets or personal rights are thereby infringed.

22.2 In the case of private properties, identifiable persons or confidential projects, publication takes place only with the necessary consent or in anonymised form.

23. Data Protection (Datenschutz)

Personal data is processed within the framework of the statutory data protection provisions.

Further information is contained in the privacy policy (Datenschutzerklärung) published on our website.

24. Applicable Law (Anwendbares Recht)

24.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (UN-Kaufrecht), to the extent legally permissible.

24.2 Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.

25. Place of Jurisdiction (Gerichtsstand)

25.1 If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is Augsburg.

25.2 The same applies if the customer has no general place of jurisdiction in Germany and a jurisdiction agreement is legally permissible.

25.3 Towards consumers, the statutory rules on jurisdiction apply.

26. Contract Language (Vertragssprache)

The contract language is generally German.

If documents are additionally provided in English or another language, the German version shall prevail in case of doubt, unless expressly agreed otherwise. This English translation is provided for information purposes only.

27. Final Provisions (Schlussbestimmungen)

27.1 Amendments and supplements to the contract should be made in text form for evidence purposes.

27.2 Individual agreements in the offer, in the order confirmation or in the contract take precedence over these Terms and Conditions.

27.3 Should any provision of these Terms and Conditions be or become wholly or partly invalid, the remaining provisions shall remain effective. The statutory provisions shall apply in place of the invalid provision.

As at: July 2026