General terms and conditions for the commissioning of disposal channels and the diposal of waste
§ 1 - General / Scope of application
The commissioning of waste disposal channels in the form of the management of waste for third parties (waste broker service) as well as the disposal of waste is exclusively carried out under the General Terms and Conditions as follows and according to the incineration plants’ respective operating regulations. Any deviation requires written notice. Conflicting conditions are void unless they have been consented to in writing by Returo.
These general terms and conditions are also applicable for future businesses with the contracting party.
§ 2 - Award of contract
Within the award of contract, the client provides comprehensive information regarding the type, quantity and volume of all waste that is to be disposed of. He explicitly accepts all terms and conditions stated by Returo.
§ 3 - Waste-related legal responsibility of the client
The client is obligated to declare the waste according to all legal and administrative regulations. Returo only accepts waste for disposal or transfer to third parties if the waste is listed in the respective incineration plant’s acceptance catalogue. It is not allowed to add or mix in other substances than stated in the declaration. When awarding the contract, the client is obligated to provide Returo with all information required for the orderly and lawful disposal, such as the composition of the waste, producer of the waste, names of the contracting parties as well as the municipality of origin. The client is required to inform Returo about any change in the composition of the waste without being asked.
Returo or the respective incineration plant is entitled to reject all waste whose composition does not comply with legal or contractual conditions and may charge the client for all costs arising from this. Should the client refuse to take back the waste, Returo is authorized to dispose of the waste elsewhere and charge the client with all costs involved. Returo is entitled to request a declaration analysis in all statutory cases of particular justified interests. The client pays for all costs arising from this.
Returo is entitled to take a representative sample of the delivered waste and employ this sample as a binding and representative sample for the contract.
§ 4 - Waste legislation-related accompanying papers
The client is obligated to submit all legally required certificates and documents (certificate of waste disposal, accompanying certificate, delivery receipt) fully completed and in time. Further official permits that may be required need to be obtained and submitted by the client.
Returo’s advice and consultation regarding the obligatory declarations and certificates does not relieve the client from their waste disposal-related legal obligations.
§ 5 - Rejection of waste
Returo can reject the diposal of waste or the commissioning of waste disposal channels if
1) the waste delivered is not approved by legal or administrative regulations or by the respective incineration plant’s acceptance catalogue, and/or if the waste does not comply with the declarations made within the award of contract;
2) contractual or legal regulations regarding the disposal or utilization of waste are disregarded;
3) in particular cases: if negative effects on Returo or the involved incineration plant are to be expected which could not have been foreseen in advance;
4) the disposal is rendered unlawful or unreasonable after the award of contract due to laws, regulations or official requirements;
5) the debtor is in arrears with payment or is threatened with insolvency or insolvency has taken effect or the client has filed for insolvency;
6) prior to the delivery, no appointment for delivery has been agreed upon as required.
§ 6 - Payment conditions
1) The prices agreed upon by contract apply. Should no prices be agreed upon in writing, the prices for disposal are determined by the incineration plant’s relevant price list. When charging according to weight, the difference in weight between the first and second weighting on the calibrate scales determines which amount of waste will be used to calculate the invoice amount.
2) The payment is due immediately, unless otherwise stipulated. If the client does not make all payments within 30 days after the due date and receipt of invoice without requiring a reminder, the payment will be considered defaulted. The statutory regulations concerning the consequences of default in payment shall apply.
3) The client is only entitled to offset rights if his counterclaims are legally determined, undisputed or recognized by Returo.
§ 7 - Adjustment of prices
1) Should a change in conditions lead to a change in costs (e.g. due to legislative changes, changed taxes, fees or tolls), Returo is entitled to adjust the prices according to the change in conditions starting from the point in time when the change enters into force.
2) Should the service conditions (e.g. economic environment) change significantly after the award of contract, the contract can be adjusted according to legal regulations.
§ 8 - Liability and damages
1) The client and the client’s representative are liable for all of Returo’s claims as a joint-and-several debtor. These include all payments, the liability for damages to the incineration plants that arise from the delivery of waste materials which are not approved for disposal by non-compliance with these general terms and conditions as well as the incineration plants’ operating regulations, and all damages to us or third parties that arise from the acceptance of waste, and all damages that are caused by the non-compliance with instructions issued by our staff. Returo is released from any claims made by third parties.
2) Returo is not liable for damages to the authorized clients and users that may result from the use of the incineration plants. This is also applicable for damages to wheels. This limitation of liability does not apply to bodily injury and damage to property caused by willful intent or gross negligence.
3) The client is liable for damages arising from the insufficient or inaccurate declaration of the waste. In the event of damage, the client is obligated to accurately and comprehensively provide Returo with all necessary information.
4) Returo is not liable for damages arising from defaults in performances caused by force majeure. Returo’s duties are suspended until said events or circumstances caused by force majeure will cease to exist or prevail. Returo will aim to remedy possible disturbances or interruptions as quickly as possible.
5) Furthermore, Returo is only liable according to mandatory legal provisions. In this case, however, Returo’s liability for damages shall be limited to the foreseeable typically occurring damage.
6) Insofar as liability for damages is excluded or limited, this shall also apply for our employees, workers, collaborators, agents and assistants.
7) The client is obligated to guarantee his performance to the full extend and lastingly. Should a default in performaces as a part of a long-term contract last longer than a month, Returo may withdraw from the contract. In this case, Returo reserves the right to seek damages according to the statutory regulations.
§ 9 - Privacy regulations
By awarding the contract, the client agrees to Returo collecting and processing the client’s data as arising from the contract, and to pass on this data to external suppliers and contractors wherever necessary for the fulfillment of contractual obligations. The data shall not be handed over to uninvolved external third parties.
§ 10 - Place of jurisdiction / Place of implementation
1) If the customer is a merchant, our company seat shall be the place of jurisdiction.
2) The laws of the Federal Republic of Germany shall apply.
3) Except where otherwise ensues from our acknowledgement of the award of contract, our company seat is also the place of implementation.
4) The invalidity of any provisions of the contract or of the general terms shall not affect any part of the remaining contract. Ineffective provisions shall be replaced by such effective stipulations that are eligible to fulfill the economic intention of the void provision as closely as possible.
Last updated: 01.07.2016