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General terms and conditions
1. General:
All goods and services are provided exclusively on the basis of our current general terms and conditions Any variations to these general terms and conditions must be agreed in writing. As such, any terms and conditions specified by the customer are only valid if we agree them in writing. The customer is liable for any and all damage caused to skips, containers and other receptacles provided to them. The customer is also responsible for complying with all legal and other official regulations should such containers be sited on a public thoroughfare.
2. Prices and offers:
Goods and services are provided on the basis of the prices valid at the time of their provision. Transport and rental costs may only be altered subsequently if the new price is approved by the "paritätische Preiskommission für das Güterbeförderungsgewerbe" ("fair pricing commission for the conveyance of goods trade"). The prices charged for processing are based on the current market conditions relating to landfill and recycling operations. If the fees charged by any industrial-, landfill-, processing-, or destruction- company are increased, then an amount corresponding to that increase will be charged to the customer.
We reserve the right to submit invoices for partial amounts before full completion of a contract. Any offer we make is subject to confirmation, is without obligation, and is without binding effect. We reserve the right to withdraw from any contract up to 8 days before the start of that contract, without need to provide reasons. All deadlines specified relating to deliveries and provision of services are without obligation, unless these have been explicitly agreed as fixed deadlines.
3. Payment terms
All invoices must be paid immediately on receipt and without delay of any kind. In the event that payment is delayed, interest on arrears will be charged at a rate of 12% per annum, starting on the due date. Incoming payments will first be counted against costs, then against interest accrued and finally against open capital: in all cases the payment will be counted against the amount that has been due the longest. The customer is not entitled to compensate for amounts owed by way of counterclaim. Furthermore, the reimbursement of all reminder and collection fees is deemed to be agreed.
4. Reservation of ownership:
All goods delivered will remain our property until full payment of the purchase price (including interest and incidental charges) has been made. In the case that goods are to be sold on to third parties, the customer relinquishes to us with immediate effect any receivables from resale. In this case the customer must inform us immediately of to whom, and under what conditions, the goods to which reservation of ownership applies have been resold.
5. Disposal services:
All waste must be declared to us as being in accordance with the currently valid legal regulations, ÖNORMEN (Austrian Standards), and our acceptance criteria. The customer is liable for all costs and damages resulting from an incorrect declaration. We reserve the right to inspect and analyse the waste at the customer's expense. The waste will become our property once it is transferred to us. We reserve the right to return the waste to the customer, even after taking receipt, and the customer will be obliged to accept the returned waste. Waste producers and carriers (e.g. freight operators) are obliged to take collective responsibility for all liabilities.
6. Warranty and compensation for damages:
Notice of defects must be given in writing within 8 days of delivery or provision of service, the warranty otherwise expiring. We accept no liability for damage or harm caused to our customers during the course of business, unless it can be shown that this was due to gross negligence or deliberate actions on our part.
7. Applicable law and jurisdiction
It is deemed to be agreed that Austrian law shall apply exclusively. The place of performance is agreed to be 3500 Krems a.d. Donau. In case of any disputes arising from legal transactions entered into with us it is agreed, according to our choice, that the Regional Court in Krems shall have exclusive jurisdiction over the venue and subject matter.
Issued March 2004
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