TERMS AND CONDITIONS
§ 1 Scope
(1) The contractual relationships between contractors and clients are governed exclusively by these general terms and conditions (hereinafter “GTC”). These terms and conditions apply only to Unternehmeri.s.v. § 14 para. 1 BGB and legal entities under public law (hereinafter referred to as the “client.
(2) Individual contractual agreements between the contractor and the client have priority over these terms and conditions. Other deviating or conflicting conditions, however, do not apply unless the contractor has expressly agreed to them.
§ 2 Conclusion of contract
(1) Offers from the contractor are subject to change unless they are expressly marked as binding or contain a specific acceptance period.
(2) Contracts only become binding when they are confirmed in writing by the contractor within two weeks. Without an express order confirmation, the contract is concluded on the terms of the offer when the waste is taken over.
(3) The information provided by the client in the disposal certificate (responsible declaration) and any official requirements are the basis of the contract and therefore an integral part of this contract.
§ 3 Services provided by the contractor
(1) As the sole entity, the contractor provides the services listed in the service contract for the client. Depending on the type of service agreed, the scope of services includes
a) the provision of containers of the type, size and quantity specified in the contract,
b) the replacement or relocation and removal of the containers provided at the agreed location and transportation of the waste to the recovery/disposal plant,
c) the proper and legally compliant recovery/disposal of the waste specified in the contract.
(2) Disposal is carried out — as far as possible — using a mobile electronic recording system. In this case, in order to fulfill the client's obligations, the contractor is authorized to submit the necessary declarations and carry out the necessary actions. The contractor does not check the waste materials upon collection. Billing basis is the classification of waste by the disposal plant.
(3) In addition to the actual disposal service (e.g. sampling, analysis), all measures taken by the contractor serve exclusively to fulfill the client's legal obligations.
(4) The contractor is entitled to use third parties to fulfill this contract.
(5) If, as a result of amended legal regulations, the contractually agreed service provided by the contractor is no longer permitted in the manner practiced so far, the contractor must carry out the disposal in accordance with the amended regulations. Any additional costs caused by this shall be borne by the client. The contractor points out that any point of use by the client can be part of an industry solution for packaging disposal.
§ 4 Obligations of the client
(1) The client is responsible for creating all conditions for a legally compliant and proper provision of the service.
(2) In the case of call orders, the services are called up in text form, unless otherwise agreed.
(3) The client must declare the waste completely and correctly. The containers must only be filled with the declared waste. Changes in the waste composition must be reported to the contractor immediately.
(4) When the waste is take-over/collected, it becomes the property of the contractor. Hazardous waste and waste that does not comply with the declaration are excluded from this. The latter can be rejected by the contractor or disposed of at the client's expense.
(5) The performance obligations assumed by the contractor do not release the client from its responsibility under waste law.
(6) The client must confirm to the contractor the proper provision of the contractually agreed service upon request. The client must immediately examine the correctness of the contractually agreed service and report obvious deficiencies with regard to the service to the contractor within 5 working days at the latest. The above-mentioned deadlines start from the time at which the client is typically able to examine the regularity of the service for the first time. It is sufficient to send the complaint in good time to meet the deadline. After expiry of the respective deadline for reporting defects in accordance with these terms and conditions, the client's statutory warranty rights for obvious defects are excluded.
(7) Insofar as there is also an obligation to provide proof of proper disposal, the client must provide proof using the formal documents provided by the contractor for this purpose or by means of the electronic waste certificate procedure. For this purpose, the contractor enables the client to use the RegiSta online data processing system in accordance with the current general terms of use. If the client does not comply with his obligation to provide evidence — including through an agent — at the time of disposal, the contractor is not obliged to carry out the disposal.
(8) All operational changes relating to the collection of waste must be notified to the contractor in writing at least 4 weeks in advance. Official orders that have an influence on the contractual service must be reported in text form without delay. In the event of a breach of these reporting obligations, the client is liable for all resulting costs and expenses.
(9) The contractually agreed performance rhythms or service phases are binding. Unsuccessful approaching contractors caused by the client must be reimbursed by the client. This does not apply as long as the client is not responsible for the circumstances of the futile journey. The amount of the remuneration owed is based on the start-up fee, provided that this is agreed in the specific contractual relationship between the contractor and client. A futile journey within the meaning of this clause is to be assumed if the contractor appears at the agreed performance date at the agreed place of performance in order to provide the contractually agreed service, but is unable to carry it out due to circumstances attributable to the client or cannot perform it within a waiting period of more than 15 minutes since the agreed performance date.
§5 Provision of waste bins
(1) The contractor provides the client with the necessary containers on a rental basis for the duration of the disposal.
(2) The client undertakes to handle the rental containers with care and to comply with the manufacturer's operating instructions, in particular the maximum filling height and the permitted filling weight. The additional costs incurred by the client (e.g. for transhipment, transport, analysis) caused by the client not in accordance with the contract (e.g. for transhipment, transport, analysis) must be paid separately by the client according to the additional costs actually incurred by the contractor. The amount of remuneration depends on the usual remuneration for the type and extent of additional expenditure.
(3) The client is liable for the loss of the rental containers and for damage to the rental containers caused by the client during the period of transfer, which is not due to normal wear and tear. This does not apply if the client is not responsible for the loss or damage to the rental container. Damages or other changes to the contractor's containers must be reported to the contractor immediately in text form.
(4) The client is also liable for choosing the location of the containers, in particular for an adequately paved surface and guarantees their free accessibility for transport. Implementation of the containers is not permitted without the consent of the contractor.
(5) The client is responsible for the road safety obligation for the containers. The client must obtain the necessary official permits for the use of public transport areas at its own expense before delivery. The client is solely liable for failure to secure the container or lack of approval. In this respect, he releases the contractor from third-party claims.
§ 6 Prices and terms of payment
(1) Subject to any provision to the contrary, the prices valid on the day the service is provided apply. They only include the contractor's services specified in the contract. Additional or special services not covered by the contract and contingent items or costs for third-party services listed in the list of services are invoiced separately, provided that they were initiated by the client after conclusion of the contract or are required by law, as well as expenses or fees for official approvals.
(2) If the service is billed based on weight, the weights determined on a calibrated scale of the contractor or a subcontractor are decisive for invoicing. Weight deviations within the limits of normal commercial tolerances do not entitle the client to complain. If the calculated net weight is below the minimum load, the contractor is entitled to claim a lump sum fee regardless of the actual weight. This applies even if the balance verifiably determines an incorrect weight.
(3) The contractor is entitled to charge the agreed basic container fee advance in the first month of the billing period.
(4) All prices are plus the applicable statutory sales tax. If the requirements for this are met, billing is carried out using the reverse charge procedure. Insofar as the principles of de-exchange turnover apply to the contractual relationship or an act is later classified as taxable for sales tax purposes, the client must ensure the necessary cooperation with a proper settlement (e.g. invoicing) even after termination of the contractual relationship. Any subsequent sales tax or reduced input tax must be reimbursed to the contractor upon proof.
(5) Invoices can be sent to the client by letter, fax or e-mail or made available for download in the customer portal by appointment. Unless otherwise agreed, invoice amounts are due immediately without deduction.
(6) If a payment method is selected via direct debit, the SEPA direct debit procedure applies. The contractor will inform the client with appropriate advance notice before carrying out a direct debit.
(7) If the credit procedure has been agreed, the deliveries/services will be billed on the basis of the delivery note/proof of performance. The credit note recipient receives a credit note from the credit issuer as proof of the deliveries/services received by the end of the following month. This shows the deliveries/services by type and quantity, net prices, sales tax rate and sales tax amount as well as the total amount. The credit agreement can be terminated by either party with a notice period of 6 weeks to the end of the month. If the credit recipient objects to one or more of the credits issued to him or if any other conduct on the part of the credit recipient results in the credit note issuer being able to deduct input tax under the VAT rate, the credit recipient must compensate the credit issuer for the resulting damage. The credit recipient must immediately notify the credit note issuer of a change in the sales tax obligation. Amounts paid wrongly will be refunded to the credit note issuer at the latter's request or settled against existing claims.
(8) In the event of default, the contractor is entitled to discontinue the services 10 working days after receipt of the second reminder and to collect the containers. For the redeployment of the confiscated containers, the contractor charges an amount equal to the actual costs incurred, but at least €50.00 plus VAT per installation location/process. If the minimum flat rate of €50.00 is invoiced, the client is allowed to prove that no costs or significantly lower costs than the lump sum have been incurred.
(9)Abwicklung von Zahlungen
- Bei Zahlung per Kreditkarte, Sofortüberweisung und Überweisung erfolgt die Zahlungsabwicklung über den Zahlungsdienstleister Mollie HQ, Keizersgracht 126, 1015CW Amsterdam, Niederlande (nachfolgend „Mollie“),
- an den wir Ihre im Rahmen des Bestellprozesses mitgeteilten Daten ausschließlich zum Zwecke der Zahlungsabwicklung gemäß Art. 6 Abs. 1 lit. b DSGVO weitergeben.
- Sie können dieser Verarbeitung Ihrer Daten jederzeit durch eine Nachricht an den für die Datenverarbeitung Verantwortlichen oder gegenüber Mollie widersprechen. Jedoch bleibt Mollie ggf. weiterhin berechtigt, Ihre personenbezogenen Daten zu verarbeiten, sofern dies zur vertragsgemäßen Zahlungsabwicklung erforderlich ist.
Die Abwicklung der Zahlungen für Buchungen erfolgt über die externe Plattform Mollie. REMONDIS selbst nimmt keine Geldbeträge von Nutzern entgegen. Die Datenschutzerklärung von Mollie finden Sie hier: https://www.mollie.com/de/privacy
Für eine korrekte Zahlungsabwicklung ist ausschließlich „mollie“ verantwortlich.
§7 Price adjustment
(1) If, in the case of continuing obligations or for services that are only to be provided after 4 months after conclusion of the contract, the costs underlying the price calculation change, in particular ancillary wage and wage costs, energy costs, taxes, duties, relevant commodity price indices and costs for services provided by third parties (e.g. disposal and recovery facilities), the contractor is entitled to adapt the contract to the amended conditions.
(2) If additional costs arise during the contract period as a result of changes in legal regulations, official requirements and/or fees and other charges, the contractor may demand an adjustment of the conditions in accordance with the proven cost increases from the time of the changes.
(3) The adjustment must be claimed with an explanation of the reason for the amendment. If the price adjustment in accordance with the above paragraphs 1 and 2 results in an increase in fees that is unacceptable for the client, the client is entitled to cancel the contract with a notice period of 4 weeks to the end of the quarter. As a rule, there is an increase of more than 10% of the agreed total fee.
§ 8 Liability
(1) The contractor is fully liable for damage resulting from injury to life, physical or health as well as for damage based on intentional or grossly negligent breaches of duty by the contractor himself, his legal representatives or vicarious agents and malice. In the case of other damages, liability is waived in the event of negligent acts, unless it is a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and whose performance the client may regularly rely on; in this case, the liability of the contractor is limited to the damage typical of the contract that is foreseeable according to the nature of the performance.
(2) The limitations of liability arising from paragraph 1 also apply in favour of the contractor's legal representatives and vicarious agents if claims are made directly against them.
(3) The limitations of liability arising from paragraph 1 do not apply insofar as the contractor has provided a guarantee for the quality of the contractually agreed service. The provisions of the Product Liability Act remain unaffected.
(4) The client is liable to the contractor for the accuracy of the information provided by him. He must reimburse the contractor for any additional expenses incurred as a result of the inaccuracies. The client is liable to the contractor for all damage caused by him or personnel commissioned by him breaching the contractual obligations and shall indemnify the contractor from any resulting third-party claims.
§9 Assignment, offsetting, right of retention
(1) The client is only entitled to assign claims against the contractor in whole or in part with the prior consent of the contractor.
(2) The client may only offset the contractor's claims against its own claims if these are undisputed or legally established or are in a close reciprocal relationship with the contractor's claim. He is also only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 10 Contract duration and termination
(1) The contract has a term of 2 years, unless otherwise agreed. It is extended for an indefinite period if it is not terminated with a notice period of one month before the end of the intended contract period. After expiry of the intended contract period, the extended contract can be terminated at any time with a notice period of one month.
(2) The right of the contracting parties to terminate the contract without notice for good cause remains unaffected. There is one important reason in particular
· If the client is unable to pay or application for the opening of insolvency proceedings against his assets or dismissal of proceedings due to the lack of measures in accordance with § 26 InsO,
· if commercial credit insurance can no longer be taken out for the client,
· when significant contractual obligations are repeatedly or seriously breached.
(3) The notice of termination must be made in writing.
§ 11 Force majeure
The contractor's obligation is suspended as long as the provision of the service owed becomes materially difficult or impossible for reasons for which he is not responsible (e.g. force majeure or other circumstances such as strike, lockout or official orders).
§ 12 Data protection
The personal data collected in connection with this contract will be collected, stored, processed and used in accordance with the applicable data protection regulations and in accordance with the data processing principles of REMONDIS SE & Co. KG. The principles of data processing can be found at https://www.remondis.de/download-datenschutz/Read up.
§13 Final provisions
(1) Should one or more provisions of these terms and conditions be or become invalid or unenforceable, this does not affect the effectiveness of the remaining provisions. Where applicable, statutory provisions shall apply in place of ineffective provisions.
(2) The laws of the Federal Republic of Germany apply, excluding the UN Sales Convention. The place of jurisdiction for all disputes between the contractor and the client is the contractor's place of business. There is no participation in dispute resolution proceedings before a consumer arbitration board.
Status: March 2023
