§ 1 Closing of the Contract
1. The contract has been closed between the party hiring the container (hereinafter ‘the Client’) and the company Container Müller (hereinafter ‘the Contractor’).
2. The contract comes into effect through acceptance of the order under the following conditions. Any variant conditions set by the Client are explicitly forbidden. Variant contractual stipulations are permitted only when agreed individually and confirmed in writing by the Contractor.
§ 2 Subject of the Contract
1. The contract concerns the provision of a container for the collection of waste materials, the rental charged for the container by the Contractor for the rental period and the removal of the full container by the Contractor to an unloading point agreed with or determined by the Contractor. The duty to receive waste is inactive so long as removal cannot proceed as planned for reasons that are due neither to gross negligence or premeditation on the part of the Contractor. The Contractor is authorised to facilitate the fulfilment of contractual services through third parties.
2. The selection of the unloading location (depot, incineration facility, collection point, sorting facility or similar) is the obligation of the Contractor, unless the Client gives instructions in this matter. In such an event, the Client bears exclusive responsibility for all consequences stemming from fulfilment of instructions. The Contractor is to be exempted in this respect from any future third-party claims on demand and without due delay. The Contractor is not obliged to follow instructions leading to a breach of legal regulations, and in particular, waste disposal regulations.
3. The Contractor is authorised, so long as not otherwise agreed in writing, to appropriate the contents of the container and dispose of them they see fit.
4. Data provided by the Contractor on the size and capacity of the container are only approximate values. The Client cannot demand any price reduction or other claim based on minor deviations from these values.
§ 3 Annulment Costs
Should the Client withdraw from a tasks without authorisation, then the Contractor can demand 10% of the agreed compensation for costs incurred through the implementation of the contract and for loss of earnings, regardless of the option to demand higher actual damages. The Contractor retains the right to claim smaller damages.
§ 4 Timing of Tasks
1. Agreements for specific times for the provision or collection of the container are only binding for the Contractor when these have been confirmed in writing. Even in this case, deviations of up to three hours from the agreed time of delivery or collection are to be regarded as minor and do not constitute grounds for the Client to have a claim against the Contractor, unless a commercial fixed agreement has been reached between the parties.
2. The Contractor shall implement the delivery and collection of the container as close to agreed times as possible within the scope of their operational capacity.
§ 5 Access Routes and Delivery Point
1. The Client is obliged to prepare a suitable delivery point for the container. The Client is also responsible for necessary access routes to the delivery point.
2. The access route and delivery point must be suitable for the lorry assigned to complete the task. Unsecured access routes and delivery points are only suitable when the blow-ground level has been otherwise prepared for a heavy lorry.
3. The Contractor bears no responsibility for damage caused to the access route or delivery point unless this is through premeditation or gross negligence during delivery.
4. The Client bears responsibility for damage caused to the vehicle or container due to unsuitable access routes and delivery points.
§ 6 Securing of the Container
1. The Contractor delivers a container properly when the positioning of a container on a public space has been agreed. The Client bears exclusive responsibility for the securing of the containers, for example via illumination or a barrier.
2. The Client is to acquire any official permits necessary due to the use of public spaces, unless this duty has been assumed by the Contractor. The Client bears the cost of any fees charged in the course of acquiring permits.
3. The Client bears sole responsibility for failure to secure the container or acquire a necessary permit, who also must exempt the Contractor from third-party claims if required.
§ 7 Loading of the Container
1. The container may only be filled up to the height of its edge and only within the bounds of its permitted capacity. The Client is responsible for any costs and damage incurred through overloading or improper loading.
2. The Client bears sole responsibility for the proper declaration of waste materials and is liable for all damage incurred by the Contractor as a result of the false declaration or untimely notification of changes to the composition of waste material. Should the Client fail to meet their obligation to make a declaration without due delay, then the Contractor is authorised to find the necessary information themselves. Any costs arising from this are to be reimbursed to the Contractor by the Client.
3. Waste material requiring special supervision may only be put into the container with the written consent of the Contractor. Definitions of waste materials requiring special supervision are contained in § 41 Law to Promote Circular Economy and to Ensure the Environmentally-Friendly Disposal of Waste and the ordinances contained in § 41 para. 1 and para. 3 of the same Act for the Codification of Waste Requiring Special Supervision for the evaluation of the abovementioned waste. The obligation to provide consent also applies to the materials listed in § 2 para. 2 of the Act. The Contractor will provide the Client, on demand, with information and norms. The Client is obliged to declare the waste held in the container in accordance with the valid disposal code. Should the Client fail to fulfil this obligation without due delay, then the Contractor is authorised to find this information themselves. Any costs arising from this are to be reimbursed to the Contractor by the Client.
§ 8 Compensation
1. The Client bears responsibility for any damage caused to the container between the time of its delivery and its collection. The same applies to the loss of the container within this timeframe.
2. The Contractor bears responsibility for damage caused to items belonging to the Client or third parties during the delivery of collection of the container, so long as this has come about through the premeditation or gross negligence of the Contractor or the Contractor’s employees. There is no liability if damage is not reported immediately following discovery of damage by an authorised party.
3. Insofar as the liability of the Contractor is restricted or excluded by these terms and conditions, then this also applies to claims for compensation against the employees of the Contractor.
4. Claims for compensation that arise in relation to the implementation of contracts and are applicable to these terms and conditions, lapse six months after discovery of damage by an authorised party. Claims for compensation resulting for unauthorised handling are excluded from this.
§ 9 Renumeration
1 Agreed renumeration is to be paid in Euros. Unless otherwise agreed in writing, renumeration encompasses the preparation, rental, collection and conveyance of the container to the delivery point. Insofar as the Client is responsible for futile journeys to and from the delivery point when delivering or collecting the container or waiting times, then the Client must pay compensation corresponding to the agreed amount of renumeration.
2. So long as no other agreement has been made on the length of the rental, then this shall be 2 working days. Should the Client fail to give back the container following expiry of the agreed rental period, then the Contractor is authorised to charge a sum corresponding to interest on the rental charge for every calendar day by which the rental period is exceeded until the return of the container.
3. Charges and costs that arise at the unloading location (e.g. depot charges, sorting costs and similar) are not included in the agreed renumeration. These are included as additional costs in invoices.
4. The agreed prices and renumeration are given as gross. Value-added tax is to be subsequently added.
5. We reserve the right to alter our prices correspondingly if, following closure of the contract, price reductions or price increases become appropriate due to tariff changes or changes in the price of materials. These can be proven on demand of the Contractor. In non-trading relationships, this applies only to contracts with an agreed delivery time of more than 4 months or continuing obligations. The Client is authorised to withdraw from the contract (right of notice or withdrawal) if the increase represents more than 5% of the agreed price.
§ 10 Maturity of Invoices
1. Invoices of the Contractor are to be paid immediately, without deduction.
2. The Client is in default if they fail to meet payment following notification to do so following maturity of the payable sum. The Client is, independently of this, in default regardless of this, the Client is in default if payment is not made to a calendar date laid out in the contract. The legal stipulation, whereby the debtor is in default 30 days following issuing of an invoice, remains unaffected.
3. A right of set-off or retention against amounts due to the Contractor is only applicable to the Client insofar as these are undisputed or legally binding established counterclaims.
§ 11 Alterations, Amendments, Area of Jurisdiction
1. Alterations and amendments to these terms and conditions are only valid when agreed in writing.
2. Should single stipulations of these general terms and conditions be invalid, then the validity of the remaining stipulations is unaffected.
3. Insofar as the Client is a businessman, legal entity as defined by public law or a special fund governed by public law, then the location of company headquarters decides the area of jurisdiction. The Contractor is also authorised to lodge a complaint at the headquarters of the Client.