Terms of Service
General purchasing and order conditions
1. General
Unless otherwise agreed in writing, these terms and conditions alone apply. Tacit acceptance of deliveries or services does not mean acknowledgment of the conditions of the supplier or client, hereinafter referred to as the contractual partner. A possible partial nullity does not result in the entire nullity of the remaining conditions. Verbal agreements only become effective after our written confirmation.
2. Orders and Offers
A declaration of responsibility signed by the contractual partners or a comparable description of the residue is part of the order if the subject of the contract is a disposal measure. Orders from our contractual partners are only binding for us if we have confirmed them in writing or if execution has begun. The submission of offers by our contractual partner is free of charge for us. The contractual partner is not entitled to reimbursement of costs for visits, plans, drawings and other preparatory work, unless this has been agreed in writing. All services provided by us or third parties commissioned by us are billed on the basis of the prices shown in the respective offer, otherwise in accordance with our company's currently valid price list.
3. Proof of Disposal and Proof of Disposal Procedures
The contractual partner gives us written power of attorney to prove the authorization to issue and to receive the declarations necessary for the implementation of the disposal/recycling verification procedure. After unloading and acceptance in the disposal/recycling facility, ownership of the properly declared residues is transferred directly from the contractual partner to the disposal company/recycler named in the certificate.
4. Warranty and Damages
The contractual partner guarantees the composition and properties of the residues handed over on the basis of the description given in the declaration of responsibility or a comparable declaration; we regard their properties as guaranteed based on the patterns/samples provided to us. The basis for the acceptance of the residues as well as for the billing and determination of surcharges is the incoming analysis in the plant named in the disposal/recycling certificate, or a laboratory commissioned by this plant. In the event of a deviation from the aforementioned quality, we or the relevant disposal/recycling facility have the right to reject the residue and send it back to the contractual partner. All costs arising in this context for the return transport, idle times, analysis, customs clearance or other costs, as well as any cleaning costs, are to be borne by the contractual partner. If the contractual partner does not adhere to the agreed quality within the framework of the collective disposal/recycling certificate procedure, he shall bear all the costs incurred by us, such as additional analyzes and the increased disposal/recycling for the entire contents of the collection containers. The contractual partner is liable for all damage, including claims based on public law regulations, which we or our vicarious agents incur because the residues offered do not correspond to the agreed quality or are not properly placed in the transport containers, or were not properly made available for transport, or .were delivered, or are contaminated by foreign bodies or foreign substances not specified in the order. In this case, the contractual partner shall also indemnify us against all contractual and legal claims of third parties, including those of a public law nature. Should the customer violate any other obligation arising from the order, he shall be liable for any damage incurred by us. Complaints must be made within seven days. They are no longer permissible if it is no longer possible for us to check the complaint. We are not liable for damage caused by incorrect information provided by the contractual partner, negligent damage, third-party influence, force majeure or other circumstances over which we have no control. Other claims for damages against us are limited to the liability amount of our business liability insurance. The offsetting of counterclaims against our payment claims is only not excluded if these have been recognized and established by us.
5. Shipping
If we provide means of transport (such as containers, tankers, etc.), the contractual partner is also liable for damage caused to the means of transport through no fault of his own during the period of provision. The means of transport may only be used for the purposes agreed in the contract, whereby the contractual partner must comply with the permissible loading limits and the relevant regulations (e.g. TRGS, GGVSE, etc.). If the contractual partner delivers the transport goods to us in their own containers or makes them available to us in their own containers, the contractual partner is responsible for the suitability of the container. The contractual partner is liable for all damage resulting from defects in the container; the dispatch takes place at the risk of the contractual partner.
6. Prices
Unless otherwise expressly agreed, the prices quoted in the offer are based on the quantities or weights determined by us plus statutory VAT. It does not include taxes, levies and fees that are levied as part of a disposal measure (such as waste levies in accordance with state waste laws, license fees, fee notices for transport permits, consignment notes and disposal/recycling certificates) and any additional expenses such as analyses, downtime and suction times that last for more than two hours, tank cleaning costs and management fees.
7. Payment
Unless expressly agreed, our invoices are to be paid immediately, net. If payment is not made on time, the debtor is in default without this requiring a special payment request. In the event of a delay in payment, we are entitled to charge interest on arrears at a rate of 3% above the respective discount rate of the Deutsche Bundesbank plus applicable VAT.
8. Miscellaneous
Force majeure, as well as events and circumstances beyond our control, such as operational disruptions, official measures such as the revocation or delay in issuing permits, strikes and lockouts, release both contracting parties from their obligations if they impede the agreed services or are unreasonable or unreasonable . to make impossible. Both contracting parties undertake to inform each other immediately and to use all technically and economically justifiable means to create the necessary conditions for the fulfillment of the obligations.
As of February 1st, 2022 GOR GmbH, Hauptstraße 35, D – 67297 Marnheim