These terms and conditions are an integral part of all our offers and contracts for waste disposal services for disposal or recycling, including current or future terms and conditions. Deviating agreements, in particular contradictory terms and conditions of business of our customers, as well as collateral agreements, require our express written consent in order to become part of the contract.
Our cost estimates are always subject to change. Contracts with us shall only be concluded when we have accepted in writing any applications received by us or have provided the services ordered by our customers. This shall apply mutatis mutandis to applications by the customer for the amendment or modification of contracts. All remuneration to be paid to us shall be net in Euro plus value added tax at the respective statutory rate. In the absence of any agreements to the contrary, the remuneration shall relate only to our services, i.e. it shall not include any cash expenses, fees for official approvals or costs for third-party services. These costs will be invoiced separately to the customer. In the absence of an express fee stipulation, the remuneration shall be based on our current price list. Agreed service rhythms are binding, empty runs are subject to charges.
Setting up and backfilling the systems
Our cost estimates are always subject to change. Contracts with us shall only be concluded when we have accepted in writing any applications received by us or have provided the services ordered by our customers. This shall apply mutatis mutandis to applications by the customer for the amendment or modification of contracts. All remuneration to be paid to us shall be net in Euro plus value added tax at the respective statutory rate. In the absence of any agreements to the contrary, the remuneration shall relate only to our services, i.e. it shall not include any cash expenses, fees for official approvals or costs for third-party services. These costs will be invoiced separately to the customer. In the absence of an express fee stipulation, the remuneration shall be based on our current price list. Agreed service rhythms are binding, empty runs are subject to charges.
Prerequisites for the obligation to perform
The acceptance of the waste by us requires an effective declaration of acceptance for these materials. Our obligation to accept waste shall be suspended for as long as disposal or recycling cannot be carried out as planned for reasons for which we are not responsible. During this period, we shall be entitled to have the waste properly disposed of or recycled by third parties at our own expense. We shall be entitled to effect the services incumbent upon us through reliable third parties. The entitlement to disposal services is not transferable.
Waste legal responsibility of the customer
With the actual takeover of the waste by us, risk and liability shall pass to us, provided that the actual condition of the waste corresponds to the contractual agreements or the information in the responsible declaration of the customer. The contractual obligations assumed by us do not release the customer from his legal responsibility for the quality of the waste to be disposed of. The customer is solely responsible for the correct declaration of the waste generated. This shall also apply in the case of our authorization to represent us vis-à-vis authorities, persons in good standing and other third parties. Insofar as we advise the customer on the preparation of the responsible declaration, this is a public law obligation that does not release the customer from its responsibility. We are entitled to refuse to accept waste whose nature deviates from the content of the contractual agreement or the responsible declaration, or to dispose of or recycle such materials properly and to charge the customer for any additional costs. The customer remains the owner of the waste until it is brought to the disposal or recovery facility. When waste is accepted for recycling, ownership shall pass to us when it is brought to the recycling plant.
Billing and payment
Unless otherwise agreed, we shall charge for the waste taken over according to the quantities, weights and material compositions determined during collection/weighing. Packaging, pallets, containers, etc. are also weighed; the prices of their recycling/disposal are determined according to the content material. We are entitled, within the scope of the statutory provisions, to transmit invoices, weighing slips and other receipts to the customer electronically. If the customer requests a paper invoice, we are entitled to charge the additional costs incurred in the amount of € 5.00 per invoice. If our invoicing is based on a performance certificate, its content shall be deemed accepted even without the customer’s signature if the customer does not object to the content of the performance certificate in text form within five working days of receipt of the performance certificate. In case of default of payment, the customer is obliged to pay a lump sum of € 3.00 for each additional reminder; the customer is entitled to prove a lower damage. We reserve the right to claim further damages.
Assignment/Compensation/Retention
Our customer is not entitled to transfer claims against us to third parties without our written consent. Offsetting with counterclaims of the customer is only permitted insofar as these counterclaims are not disputed by us and are due or have been legally established. Our customer shall not be entitled to assert any rights of retention against us on account of any counterclaims unless the customer asserts that we have breached obligations based on the same contractual relationship from which our claim for payment arises.
Compensation adjustment
In the case of continuing obligations, we shall be entitled to increase or reduce our remuneration in accordance with the changes in costs that have occurred, in particular wage, fuel, vehicle, maintenance and disposal costs. If the increase amounts to more than 5% of the contractually agreed remuneration, the customer may withdraw from the contract (by termination or withdrawal) with effect from the next following 1st of the calendar month. If a necessary increase of the remuneration does not exceed 5%, the customer is not entitled to withdraw from the contract due to the increase. The change in remuneration must be asserted in writing to the customer, outlining the change in costs and the calculation of the new remuneration. The customer may object to this request for adjustment within two weeks of receipt. If this timely objection is not lodged, the new remuneration rates shall be deemed to have been agreed with effect from the first day of the calendar month following the expiry of the objection period. In the event of a legally effective objection, we are entitled to terminate the contract within a period of three months, beginning with the receipt of the letter of objection, with a notice period of one month. In this case, the customer shall not be entitled to any claims for damages against us due to termination of the contract.
Contract duration/termination
Unless otherwise agreed in individual contracts, the contract, which is aimed at the regular provision of services by us, has an initial term of two years. The contractual relationship shall be extended by a further year in each case if it is not terminated in writing three months before the expiry of the initially envisaged or tacitly extended contractual period. In the event of default of acceptance by the customer of more than two months or repeated default of payment, we shall be entitled to terminate the contract for good cause without notice. We shall be entitled to terminate the contract for good cause in particular if we have repeatedly had to reject waste, if the disposal, utilization or removal becomes inadmissible or unreasonable after conclusion of the contract due to a law, ordinance, official requirement or similar, if the customer becomes insolvent or if insolvency proceedings are applied for or opened against his assets or if the opening of insolvency proceedings is rejected for lack of assets. In the event of termination without notice by us, we shall be entitled to claim damages in the amount of 40% of the positive interest in the contract (total sales for the remaining term). We reserve the right to claim further damages. The customer remains entitled to prove a lesser damage.
Liability
We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage. We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.
Place of jurisdiction/applicable law
In commercial legal transactions, the exclusive place of jurisdiction is the court responsible for our registered office. However, we are entitled to sue the customer at his place of business. The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
Partial nullity
If individual provisions of a contract for services of which these Terms and Conditions are an integral part are or become void or ineffective, this shall not affect the validity of the remaining provisions of that contract.
