I. Transport, recycling or disposal of waste
1 Legal framework
1. Thüringen Recycling GmbH (contractor) provides its contractual services within the framework of the applicable laws, the local waste statutes and the operating regulations of the recycling, pre-treatment or waste disposal facilities activated in each case.
Unless expressly agreed otherwise, Thüringen Recycling GmbH reserves the right, within the framework of legal provisions and official requirements, to select the disposal plant and form, to check the recyclability of the waste and, if necessary, to recycle it.
2. Collection/transport containers, loading, transfer of risk and ownership, declaration, involvement of third parties
3. The waste materials are packed by the customer into containers provided by Thüringen Recycling GmbH for a separate charge. The use of the customer's own containers shall only take place on the basis of separate agreements. If the customer himself provides suitable containers free of charge, they must meet the technical safety requirements and be easy to remove for Thüringen Recycling GmbH with normal technical equipment.
Unless otherwise agreed, the filling of the containers is the responsibility of the customer, who is liable for compliance with the stated weight limits and for transport safety. As far as the containers are handed over by Thüringen Recycling GmbH and nothing else has been agreed, the loading of the containers onto the respective means of transport is carried out by the contractor. The containers rented by Thüringen Recycling GmbH may only be used for the agreed purpose and may only be filled with the respective substances/waste specified. Suitable locations for the containers will be provided by the client free of charge.
During the rental period, the client is liable for any damage to the containers, as well as for their proper securing on site. Any reloading required shall be at the expense of the customer. Any permits of any kind required for the installation of the containers must be obtained by the customer at his own expense. Thüringen Recycling GmbH is entitled to apply for the necessary permits at the expense of the customer.
The transfer of risk (material/price risk) and liability shall take place upon acceptance of the waste materials by the contractor. At the same time, the waste materials shall become the property of the contractor, unless only transport services have been expressly agreed.
4. The customer must describe the type of waste material in detail to Thüringen Recycling GmbH in writing before handover and must draw his attention to any hazards that may arise from the waste material. This applies in particular in the event that the waste materials to be transported are subject to the provisions governing the transport of hazardous goods. Subject to special agreements, no different types of waste materials may be mixed with each other.
The customer assumes full liability for the correct designation of the waste materials handed over, their conformity with the actual contents of the containers and for the fact that there are no risks other than those indicated. He is responsible for all possible damages, in particular also for indirect, consequential and other financial damages, which arise to Thüringen Recycling GmbH or third parties from an infringement.
5. Thüringen Recycling GmbH is entitled to examine the delivered waste materials both before and after acceptance, to take samples at its own discretion and at the request of the disposal or pre-treatment facilities or specialist or supervisory authorities and to prepare or have analyses prepared at the expense of the customer.
6. The contractor is entitled to have his contractual services performed by third parties. The customer may transfer his contractual rights and obligations only with the prior written consent of Thüringen Recycling GmbH.
§3 Extraordinary right of termination, additional remuneration, force majeure
In the event of breaches of contract by the customer, Thüringen Recycling GmbH is entitled to terminate the contractual relationship in corresponding application of § 626 BGB; in this case, too, Thüringen Recycling GmbH can demand payment for its services still outstanding, less the expenses saved as a result of the cancellation of the contract. A breach of contract is in particular the mixing of waste materials of various kinds, the incorrect designation of waste materials and contents of containers, as well as the absence of hazard warnings in the above sense.
The customer guarantees that the materials handed over for disposal are free of atypical and foreign materials which could make disposal difficult. In the event of violations, Thüringen Recycling GmbH has the option of a right of rejection or a claim to an additional charge, which depends on the respective contamination, plus an appropriate administrative cost surcharge.
Force majeure, including strikes or lockouts, official orders as well as the well-being of the general public entitle the contractor at any time without observance of a period and without obligation to pay damages, to temporarily interrupt the provision of the services taken over or to terminate the agreements made. In this case, the customer must take back waste materials already taken over at his own expense.
4 Price validity, billing amounts, price adjustment
Unless otherwise agreed, the agreed prices shall be understood only for the Contractor's own services and plus the applicable statutory value-added tax, any expenses, e. g. fees for official approvals, costs for
Pre-treatment and disposal facilities or other services provided by third parties shall be invoiced separately to the customer. Empty journeys are subject to a charge.
§2 Unless otherwise agreed in individual cases, the water volume of the vessels used shall be the volume standard for waste materials invoiced by volume. The volume determined by the contractor at the time of acceptance or at the respective pre-treatment or disposal plant shall be decisive.
For waste materials that are billed by weight, the weight determined during weighing on the pre-treatment or disposal system is binding.
3. if the costs on which the price/remuneration calculation is based change, the contract must be adapted to the changed conditions. The modified remuneration shall be asserted by the contractor in writing stating the cost changes. Unless the customer objects to the request for adjustment in writing within 2 weeks after receipt of the letter, which also refers to the possibility of objection and the significance of the period, the amended remuneration shall be deemed to have been agreed with effect from the beginning of the next calendar month following receipt.
In the event of an objection, the contractor has an extraordinary right of termination with one month's notice to the end of the month. This does not give rise to any claims on the part of the client, in particular no claims for performance or damages.
1. the contractor is liable according to the legal regulations for the proper transport and proper disposal of the materials.
The liability for consequential and immaterial damages as well as for financial losses of any kind, e. g. loss of earnings, is expressly excluded, unless the contractor, his representative or vicarious agent caused the damage intentionally or through gross negligence. In the event of injury to life, body or health, the contractor shall be liable for any case of negligence.
3. the contractor is not liable for the correct declaration of the ingredients. In this respect, the liability of the waste producer remains with the customer.
Insofar as the contract provides for certain support or assistance from the contractor (e. g. help with declaration), the contractor is only liable for intentional or grossly negligent conduct.
6 Order confirmation, changes to agreements made
A responsible declaration signed by the contracting parties or a comparable description of the waste is part of the contract if the subject of the contract is a disposal measure.
2 Orders are only binding for Thüringen Recycling GmbH once they have been confirmed in writing.
3. in addition to these general terms and conditions, the special acceptance conditions of the recycling, pre-treatment or disposal facilities used shall apply.
4 Thüringen Recycling GmbH is entitled to store and process the data about the customer received with regard to the business relationship or in connection with it, regardless of whether it originates from the customer or from third parties, within the meaning of the Federal Data Protection Act.
5. changes or additions to the agreements made must be made in writing. Should individual points of the agreements made, including these general terms and conditions, be invalid, this shall not affect the validity of the remaining provisions. The ineffective provision is to be replaced in such a way that the economically intended purpose is achieved in a legally permissible manner, the same applies if a gap in the provisions arises in the course of the contractual relationship that needs to be filled.
II. conditions for the sale of secondary raw materials
1 As a matter of principle, delivery shall be ex warehouse at our discretion and at the expense of the purchaser.
If the goods are not accepted by the buyer at the agreed time, the seller is entitled to set an acceptance period of one week. After expiry of this period, the seller is entitled to withdraw from the contract and to claim the damage incurred.
3 Delivery dates are not binding unless otherwise agreed.
a) If a non-binding delivery date is exceeded, the seller is entitled, at his discretion, either to withdraw from the contract or to execute the delivery within a period of four weeks from the non-binding delivery date following a written reminder from the seller. Claims for compensation by the buyer in the event of non-performance of the delivery are - insofar as legally permissible - excluded.
b) In the event of unforeseeable, serious operational disruptions for which the Seller is not responsible, such as industrial action, force majeure or similar circumstances, including the Seller's suppliers, legal or official measures, obstructions or delays in transport, disruptions to delivery and the supply of energy, raw materials, intermediate and end products, the Seller shall be entitled to deliver the delivery late for the duration of the periods of obstruction plus an appropriate start-up period. If an obstruction lasts longer than three months, both the seller and the buyer are entitled to withdraw from the contract with regard to the part not yet fulfilled after setting a reasonable grace period in each case. If the delivery period is extended or if the seller is released from the delivery obligation, the buyer cannot derive any claims for damages from this. The Seller may only invoke the aforementioned circumstances if they have been communicated to the Buyer in writing immediately after the Seller becomes aware of them.
Partial deliveries are generally possible, unless these are excluded in writing.
In the case of bindingly promised delivery dates and periods which are not or not punctually executed without the existence of circumstances as described under b) above, the purchaser shall be entitled to compensation in the amount of 0. 5 % for each completed week of delay, but in total not more than 5 % of the agreed net value of the goods of the deliveries affected by the delay. Further claims are excluded - to the extent permitted by law - unless the delay is due to gross negligence or intent on the part of the seller.
In the event of a significant deterioration in the financial circumstances of the buyer, which is likely to endanger the payment claim of the seller, the seller is entitled, subject to all other invoices, to refuse delivery temporarily or completely. The same applies if circumstances become known which call into question the creditworthiness of the purchaser (in particular if the purchaser fails to honour cheques or suspends payments).
8 Transfer of risk
For all deliveries made, the risk of loss, accidental loss or deterioration of the quality of the goods shall pass to the Seller at the time when the goods leave the warehouse designated by the Seller and the delivery is handed over to the forwarder or carrier.
The invoices of the seller are due immediately upon receipt of the invoice without any deduction. Default of payment shall occur in accordance with the statutory provisions within 30 days of receipt of the invoice. The timely payment is only given if the invoice amount has been received within this period on one of the business accounts of the seller for his final free disposal.
From the 30th day after receipt of the invoice, the statutory interest (5% above the respective base interest rate if the purchaser is a consumer, or 8% above the respective base interest rate if the purchaser is not a consumer) is due. If a higher interest rate is proven by using bank loans etc. , the seller is entitled to claim the higher interest rate.
The seller may only declare the set-off with counterclaims which are not disputed by the seller or have become res judicata.
10 Retention of title
The goods delivered by the seller are subject to the seller's reservation of title until all claims against the buyer arising from the current business relationship have been fulfilled in full. In the event of resale of the goods, the buyer must expressly draw his contractual partner's attention to this retention of title and inform him of the regulations of the seller's general terms and conditions in this respect. In the case of individual transactions, the right of retention of title extends to the object of purchase delivered in each case.
In the event that the delivered goods are processed, mixed or combined, the reservation of title to the newly manufactured goods shall continue in proportion to the value of the goods to the value of the new item created by the processing, combination or combination. The value of the reserved goods as well as the value of the processing, combination or mixing at the time of processing, combination or mixing shall be decisive for the valuation. In this respect, the buyer acts on behalf of the seller in carrying out those activities without acquiring his own claims.
Insofar as the acquisition of co-ownership is excluded, the right of retention of title to the new product shall continue in such a way that, if the new product is sold or invoiced, the purchaser assigns to the seller by way of security, on the day of delivery, a pro rata and irrevocable assignment of the purchase price/work compensation claims to which it is entitled from the resale. The seller irrevocably accepts the assignment on the day of delivery.
If the purchased goods are resold by the purchaser without further processing, the purchaser hereby irrevocably assigns to the seller all claims to which he is entitled from such sales, including all ancillary rights, up to the amount of his claims, on the day of acceptance of the seller's deliveries. At the same time, the seller irrevocably accepts this previously declared assignment.
The buyer must inform the seller immediately in writing if enforcement is carried out on the goods delivered by the seller or - insofar as co-ownership has been acquired - on this new object or on the claim assigned in place of the co-ownership share. The buyer must immediately inform the creditor carrying out the foreclosure of the existing right of retention of title and the extended retention of title. If the goods have not yet been processed, he must identify them as the seller's property. In addition, the buyer is obliged to point out the assignment of the claim.
11 Liability for material defects
The seller delivers the goods in accordance with the relevant technical specifications. Insofar as special agreements have been made in writing regarding the product and its properties, these shall take precedence.
If, upon delivery, it becomes apparent that the condition given in accordance with the technical specifications or the specially agreed condition is not present, the purchaser must make a written complaint to the seller within an exclusion period of five calendar days from receipt.
If the missing condition only becomes apparent during processing, combination or mixing in accordance with the existing inspection obligation, the complaint must be reported to the seller in writing within five days of the date of knowledge of the missing condition. If the quality on which the contractual relationship is based is missing, the purchaser is only entitled to a replacement delivery including freight costs for goods that have not yet been processed. If a delivery according to the quality on which the contract is based is not possible, buyer and seller are entitled to withdraw from the contract with immediate effect. In the event of payment of the goods, the agreed purchase price shall be refunded and the costs of freight for delivery and return delivery shall be borne. Further claims are - as far as legally permissible - expressly excluded.
The buyer is obliged to check immediately whether the delivered goods comply with the agreed specifications. In the case of processed goods, the buyer is therefore only entitled to a replacement delivery including all freight costs. The amount for further follow-up claims is limited to three times the value of the affected deliveries of goods. Further claims are expressly excluded, irrespective of whether consequential damages of a direct or indirect nature are involved, insofar as this is legally permissible. In any case, any liability of the seller is limited to intent and gross negligence of the seller or his employees. An exception applies only to injury to life, body and health. In this respect, the seller is also liable insofar as he, his legal representatives or his vicarious agents can be charged with simple negligence.
In the event of non-compliance by the purchaser with the relevant technical rules, any claims in accordance with the statutory regulations are excluded.
Any further warranty beyond the above provisions is excluded.
12 Prohibition of assignment
The buyer is prohibited from assigning existing claims against the seller to third parties, including banks, without the seller's express written consent. If an assignment is nevertheless made, the seller is entitled to terminate the existing business relationship immediately and to assert all legal claims for damages to which he is entitled.
However, the buyer already now agrees that the seller may assign existing claims against him to third parties without his approval.
Conditions for the purchase of scrap and metals
For the settlement of the purchased materials, the plant findings are decisive with regard to both quality and weight. The input weighing is carried out on calibrated scales. The material findings are made by the accepting employee. The deliverer or seller must check the invoice immediately upon receipt for factual and arithmetical correctness. Objections regarding material findings or weight can no longer be considered at a later date.
All prices used are exclusive of the statutory value added tax, provided that the supplier or seller is entitled to deduct input tax. Payments to private individuals or traders not entitled to deduct input tax are made at net price.
14 Dangerous substances
The supplier or seller shall be liable for ensuring that the scrap tendered is free of explosive devices, health- or flammable liquids, lubricating or hydraulic oil as well as radiation exposure beyond the permitted limits. The supplier must also expressly point out the presence of closed hollow bodies or other components harmful for smelting.
If the supplier or seller employs subcontractors, he shall also be liable for their fault in the event of damage.
The supplier or seller authorizes Thüringen Recycling GmbH to pass on the liability under § 14. 1 and § 14. 2 to the recipient plants.
If explosive devices, health or flammable liquids, lubricating or hydraulic oils or radiation exposure are found on the materials, Thüringen Recycling GmbH is entitled to pass on the resulting damage to the full extent to the supplier or seller, even if it concerns third parties.
15 Transfer of ownership
The transfer of ownership takes place when the responsible employee of Thüringen Recycling GmbH takes over the material and the full payment of the invoiced amount. The deliverer or seller assures that he is the legal owner of the material offered and that no retention of title or other property-like rights of third parties encumber the material.
The deliverer or seller assures the employees of Thüringen Recycling GmbH on request to provide his correct name and his current address. If the deliverer or seller is entitled to deduct VAT, he must provide proof of this with an appropriate certificate before the gross invoice amount is paid out.
The purchase of scrap and metals from suppliers who are related to employees of our company is prohibited.
Thüringen Recycling GmbH is entitled to store and process the data about the customer received with regard to the purchasing process or in connection with it, regardless of whether it originates from the customer or from third parties, in accordance with the Federal Data Protection Act.
Amendments or supplements to the agreements made must be made in writing. Should individual points of the agreements made, including these purchasing conditions, be invalid, this shall not affect the validity of the remaining provisions. The ineffective provision is to be replaced in such a way that the economically intended purpose is achieved in a legally permissible manner, the same applies if a gap in the provisions arises in the course of the contractual relationship that needs to be filled.
17 Place of jurisdiction
Place of jurisdiction is Mühlhausen.
The contractual relationship shall be governed exclusively by German law.
Terms of payment: Within 14 days after invoicing without deduction, unless expressly agreed otherwise.
18 Scope of application
The conditions listed apply to all business transactions of Thüringen Recycling GmbH. The buyer expressly acknowledges these GTC. The GTC can be inspected at the business premises of Thüringen Recycling GmbH and will be sent on request.
Verbal collateral agreements including discount and bonus promises as well as reallocations are only legally binding if they have been confirmed in writing by the seller.
These terms and conditions of Thüringen Recycling GmbH become the subject matter of the contract.
Any general terms and conditions used by the customer shall not become part of the contract, even if Thüringen Recycling GmbH does not expressly object to them. If Thüringen Recycling GmbH accepts orders without express objection, under no circumstances can it be derived from this that Thüringen Recycling GmbH would have accepted the general terms and conditions used by the customer.
Bad Langensalza, November 2005