GTC
GENERAL TERMS AND CONDITIONS OF BRANTNER ÖSTERREICH GMBH
Status: 01.08.2024
1. Scope of application
1.1.
These General Terms and Conditions (hereinafter also referred to as “GTC”) apply to all services to be provided by Brantner Österreich GmbH (“BRANTNER”) and to all legal transactions between BRANTNER and its respective contractual partners.
1.2.
Any deviating GTC of BRANTNER’s contractual partners shall apply only with the written consent of BRANTNER.
1.3.
All ancillary agreements, supplements, and amendments to these GTC as well as to the contract concluded between BRANTNER and the contractual partner must be in writing to be valid. This also applies to any amendment or waiver of this written form requirement. There are no oral side agreements. Electronic documents in text form do not constitute “written form” within the meaning of this provision.
1.4.
The meaning of all terms contained in these General Terms and Conditions is governed by Austrian law in its currently applicable version.
1.5.
Employees who are not managing directors or authorized signatories of BRANTNER under commercial law are not authorized to make binding commitments that deviate from these General Terms and Conditions. Any agreements and/or commitments in this regard require the written approval of BRANTNER’s management. This Section 1.5 does not apply if the contracting party is a consumer within the meaning of the Consumer Protection Act (KSchG).
1.6.
If there are any conflicts between these General Terms and Conditions and the contract or a written agreement concluded between BRANTNER and the contracting party, the provisions of the contract or the written agreement shall prevail.
2 Conclusion of contract and duty to inform
2.1.
Offers from BRANTNER become binding upon acceptance by the contracting party; written acceptance is recommended
3. Prices and terms of payment
3.1 All prices are subject to change and – unless otherwise stated in writing – are quoted in euros and include all taxes, fees and charges etc. applicable at the time the contract is concluded. If the contractual partner is an entrepreneur within the meaning of the Austrian Consumer Protection Act (KSchG), the prices are quoted exclusive of value added tax at the statutory rate and exclusive of any existing contribution. In the case of consumer transactions, the contribution to the old burden is shown in the offer.
3.2 The prices correspond to the respective calculation situation of BRANTNER. BRANTNER is entitled, as well as obliged at the request of the contractual partner, to adjust the agreed prices in the event of significant changes in the cost bases on which its calculation is based at the time of conclusion of the contract that are beyond BRANTNER’s control (e.g. changes in wage costs due to collective bargaining agreements, changes in the law, official decrees or changes (e.g. due to inflation) in costs associated with the provision of services, such as for raw materials, materials, energy, transportation, external work, waste recycling costs, financing, etc.), or changes in fees, taxes and levies, such as the contaminated site contribution, site levy, road pricing, or changes in proceeds from the recycling of recyclable materials, etc., to the extent of these significant changes, without the contractual partner being entitled to withdraw from the contract. A change within the meaning of this provision shall be deemed significant if the respective cost basis on which the calculation is based increases by more than 5% within 6 months. In this case, BRANTNER is entitled to charge e.g. energy cost surcharges or surcharges to compensate for the additional costs. The provisions of this point 3.2 do not apply to contracts with consumers within the meaning of the Consumer Protection Act.
3.3.
It is expressly agreed that all prices charged by BRANTNER to its contractual partners shall remain stable in value. The benchmark for upward and downward adjustments is the Consumer Price Index (CPI 2020) published monthly by Statistics Austria. The starting point is the index figure published for the month in which the contract was concluded. BRANTNER is entitled to increase prices in line with the rise in the index figure compared to the starting point, and is obligated to reduce prices in line with the decline in the index figure compared to the starting point. Fluctuations in the index figure of up to 5% in either direction shall not be taken into account. The contracting party shall be notified of the adjustment in writing. The new index figure shall serve as the baseline for future adjustments. A fee increase is excluded during the first two months of the contract.
3.4.
Revenues from recycled materials are linked to the applicable index as agreed and may be adjusted monthly by BRANTNER. The calculation is based on the index figure published for the month in which the contract was concluded; thereafter, it is based on the index figure for the preceding month.
3.5.
BRANTNER issues invoices after services have been rendered, based on delivery notes, time sheets, or other records maintained by BRANTNER. BRANTNER is entitled to issue partial invoices even before services have been fully rendered.
3.6.
All invoices are due for payment immediately upon receipt, free of charges and deductions. Bank transfers shall not be considered payment until the amount has been credited to BRANTNER’s account.
3.7.
Any discount must be agreed upon in writing.
3.8.
In the event of late payment by the contracting party, BRANTNER is entitled, at its discretion, to claim compensation for the actual damage incurred or default interest at the statutory rate. The contracting party further undertakes, in the event of late payment, to reimburse BRANTNER for any reminder and collection fees incurred, provided such fees are necessary for the appropriate legal pursuit of the claim and are in reasonable proportion to the claim being pursued.
In the event of a delay by the contracting party in making a (partial) payment and/or in the event of a negative credit or creditworthiness report, BRANTNER is further entitled to declare outstanding but not yet due invoice amounts immediately due and payable and/or to demand advance payment or security for future deliveries and services and/or to revoke any payment terms granted. Furthermore, in the event of default, BRANTNER is entitled, after setting a 7-day grace period, to withdraw from the contract and/or refuse to accept waste, remove containers provided at the contracting party’s expense, and/or return the accepted waste at the contracting party’s expense.
3.9.
Set-off against counterclaims of the contracting party that are disputed by BRANTNER and have not been legally established is excluded; likewise, the contracting party is prohibited from exercising a right of retention. If the contracting party is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the following shall apply in deviation from this Section 3.9: The contracting party is only permitted to set off its own claims if such claims have been acknowledged by BRANTNER or have been legally established, as well as in the event of BRANTNER’s insolvency.
3.10.
The contracting party is not entitled to assign, transfer, or otherwise convey rights, obligations, and claims arising from the contractual relationship to third parties without the prior written consent of BRANTNER.
4 Obligations of the contractual partners
4.1.
BRANTNER’s contracting party is obligated to disclose to BRANTNER in writing, prior to the conclusion of the contract, all circumstances known to it that are material to the contract.
4.2.
The contracting parties acknowledge that the containers of any kind provided by BRANTNER (e.g., waste bins, containers, skips, etc.) are the property of BRANTNER and undertake to treat the containers with care. BRANTNER makes no warranty regarding any specific characteristics of these containers (e.g., specific cleanliness, leak-tightness, volume, etc.). The contracting party is liable to BRANTNER for all damage to the containers and shall indemnify and hold BRANTNER harmless from any and all damages arising from the use of the containers. The containers may only be filled up to the quantity specified by BRANTNER and with materials suitable for these containers.
4.3.
The contracting party is obligated to notify BRANTNER in writing in advance of the installation site for the containers and guarantees BRANTNER unrestricted, legally compliant, and unimpeded access to and from the installation site by vehicles with a gross weight exceeding 3.5 tons, in order to ensure the proper installation and collection of the containers. The contracting party also undertakes, at its own expense, to obtain all necessary declarations of consent from landowners (or the respective authorized parties) required for transport, installation, and pickup. If the necessary consent forms cannot be obtained within a reasonable period of time, the contracting party undertakes to reimburse BRANTNER for the additional costs (e.g., costs of an alternative transport route), and BRANTNER is further entitled to withdraw from the contract. The contracting party is solely responsible for the proper storage and installation of the containers.
5. Property
5.1.
The waste accepted by BRANTNER becomes the property of BRANTNER, provided that no statutory and/or contractual provisions preclude this. If the client delivers the waste personally, it becomes the property of BRANTNER upon successful completion of the incoming inspection at BRANTNER’s facility.
5.2.
In the case of the purchase or sale of goods and scrap materials, ownership is transferred upon delivery of the goods and payment of the purchase price, provided that no statutory and/or contractual provisions preclude this.
5.3.
Waste for which BRANTNER does not hold a collector’s or processor’s permit does not become the possession or property of BRANTNER. BRANTNER merely provides transportation services for such waste.
6. Waste
6.1.
The contracting party is liable to BRANTNER for the correct and complete classification of the waste in accordance with applicable federal, state, and/or EU legal standards, as well as technical guidelines required for the transfer, acceptance, and classification of waste. The contracting party undertakes to provide all necessary information and shall indemnify and hold BRANTNER harmless for any damages incurred by BRANTNER or third parties as a result of an incorrect and/or incomplete classification or false information. In case of doubt, the final classification of the waste type shall be determined by BRANTNER in accordance with the currently applicable Waste Catalogue Ordinance or the European Waste Catalogue. For consumers within the meaning of the Consumer Protection Act (KSchG), the statutory provisions apply instead: The contracting party is liable under these provisions for the classification of the waste it has performed and is obligated to provide all information required by legal and technical specifications for the transfer and acceptance of the waste.
6.2.
BRANTNER will only accept waste if it is accompanied by a delivery note (acceptance form) or waybill that has been fully completed and signed by an authorized representative of the contracting party or by a delivery person authorized by the contracting party. The signature confirms the correct classification of the waste, the completeness of the information, and the order placed for proper disposal. If no authorized person is present to sign upon delivery, BRANTNER reserves the right to refuse acceptance of the waste. In this case, the contracting party will be contacted immediately to arrange a new delivery or to find alternative solutions for proper documentation. Any additional costs incurred due to a return trip or the necessary storage of the waste shall be borne by the contracting party. Acceptance of the waste may be refused without any resulting claims by the contracting party if the delivery note or accompanying document is missing, incomplete, or lacks the required signature. This also applies in the event of improper labeling or defects in the accompanying document.
6.3.
Waste delivered that does not correspond to the waste types specified in the order or approved for the respective container will result in additional costs. These additional costs consist of the actual expenses incurred for the environmentally sound disposal or recycling of the non-compliant waste, as well as a flat fee for the separation of mixed waste or contaminated containers (flat-rate sorting fee). Compliance with environmental regulations is required to avoid additional costs.
6.4.
BRANTNER’s weighing is decisive for determining the quantity of waste. Disposal costs are calculated based on the gross weight. If waste or other materials are accepted in containers (e.g., drums), disposal costs are calculated based on the gross weight of these containers.
6.5.
BRANTNER is also entitled to refuse to accept waste and to reject the waste if
(i) the agreed waste delivery conditions are not complied with;
(ii) the maximum quantities or packaging sizes specified by BRANTNER are not complied with;
(iii) no or an incorrect or incomplete waste and/or article declaration has been made by the contractual partner;
(iv) containers are damaged, not properly labeled or unsuitable for temporary storage;
(v) the contractual partner violates material contractual obligations (e.g. incorrect classification, default in payment);
(vi) it is a radiating or explosive substance or a warfare agent or waste oil containing toxic substances; or
(vii) there are other operational reasons which make it unreasonable for BRANTNER to accept the waste (e.g. danger to the safety of facilities or persons, etc.).
6.6 The collection of waste by BRANTNER is carried out by trucks, tankers, suction tankers, wagons, tank wagons or other collecting vehicles such as garbage compactor trucks, skip loader, etc. BRANTNER is free to carry out the collection itself or have it carried out by a third party (e.g. subcontractor).
6.7.
The contracting party shall ensure that the waste to be collected is readily accessible during the day (including weekends) between 6:00 a.m. and 6:00 p.m.
6.8.
It is agreed that the contracting party shall bear the costs incurred due to waiting and idle time (during the collection, acceptance, or unloading of the waste), as well as the costs of any fruitless trips caused by the contracting party. In this case, BRANTNER is entitled to charge the contracting party for each half-hour or portion thereof (of waiting and idle time).
6.9.
Contracting parties who deliver the waste to BRANTNER themselves (=self-delivery) are obligated to notify BRANTNER of this in writing at least one business day in advance, specifying the exact time. The delivered waste must comply with the applicable legal regulations. BRANTNER will not accept unsuitable and/or damaged containers.
6.10.
BRANTNER reserves the right to subject accepted waste, or parts thereof, to alternative treatment and/or recycling instead of disposal.
6.11.
Handling of Synthetic Mineral Fibers (SMF)
The following specific regulations for mineral fibers with hazard-relevant properties apply to the handling, packaging and disposal of KMF waste generated during construction, conversion, repair, renovation and demolition work: KMF waste must be separated from other waste on site and packaged in a dust-tight manner. Tear-proof, dust-tight and sealable big bags must be used to prevent dust being stirred up. Transport containers with KMF waste must not contain any other hazardous substances. This waste must be assigned to waste type 31437 g (“asbestos waste, asbestos dust”) and may only be accepted by authorized collectors. A consignment bill must be completed for hazardous KMF waste and handed over to the transporter. Mineral fibers without hazardous properties can only be accepted if the following classification principles have been ensured:
(i) Labeling with quality seal (RAL, EUCEB);
(ii) Product data sheets of the mineral fibers together with invoice and delivery bill (year of production, manufacturer, reference to quality seal);
(iii) Analytical proof in accordance with the Waste Discharge Regulation (Federal Law Gazette II No. 409, 2020)
This waste can be accepted in lidded skips or containers with lids under SN 31416. If no verification is possible, the KMF must be accepted as hazardous. These regulations are based on the Waste Management Act 2002 as amended §15 para. 5a Z b and other relevant laws and regulations.
7. Force majeure
7.1.
If a party is unable to perform its contractual obligations, or can do so only under unreasonable conditions, due to force majeure, it shall be released from its contractual obligation to perform for the duration of the impediment. Force majeure within the meaning of this provision includes, for example, the following events: war, civil unrest, natural disasters, pandemics, lockouts, and strikes.
8 Liability and warranty
8.1.
The contracting party shall be liable to BRANTNER in accordance with statutory provisions for all damages that have arisen or may arise as a result of incorrect classification or labeling, or due to the delivery of waste that does not comply with the contract.
8.2.
The contracting party is obligated to immediately inspect the services provided by BRANTNER and must report any defects in writing within seven days of service provision, providing a justification for the complaint. If the contracting party fails to submit this complaint, it may no longer assert claims under warranty, for damages, or based on a mistake. In the case of justified defects reported in a timely manner, the warranty is limited to repair or replacement. Multiple repairs are permitted. Claims for rescission or price reduction are excluded. If the contracting party is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the following applies in deviation from this Section 8.2: The warranty is governed by the statutory provisions.
8.3.
BRANTNER shall not be liable for damages resulting from normal wear and tear, improper use, vandalism, force majeure, or circumstances outside normal operating conditions.
8.4.
Claims for compensation by the contracting party against BRANTNER must be submitted in writing to BRANTNER within 14 business days, failing which such claims shall be barred. This Section 8.4 does not apply to contracts with consumers.
8.5.
BRANTNER shall not be liable for any delays in order fulfillment or late pickups, provided that BRANTNER has not acted with intent or gross negligence.
8.6.
Unless this violates mandatory law and unless otherwise provided in these Terms and Conditions, BRANTNER shall be liable only for damages caused by BRANTNER through gross negligence or willful misconduct. However, this limitation of liability does not apply to compensation for personal injury. BRANTNER shall not be liable for indirect damages, lost profits, lost interest, lost savings, consequential damages, financial losses, or damages arising from third-party claims. All claims for compensation by the contracting party are limited in amount to the invoice amount of the respective order and (cumulatively) to the amount of the insurance benefit to be paid by BRANTNER’s liability insurance. If the contracting party is an entrepreneur within the meaning of the Austrian Consumer Protection Act (KSchG), the following additionally applies: The contracting party must prove the existence of gross negligence or intent. Claims for compensation shall in any case become time-barred six months after BRANTNER has performed the service.
9. Handover of waste from Brantner to contractual partners
9.1.
Upon the transfer of waste from BRANTNER to the Contractual Partner, it is deemed agreed that the Contractual Partner shall ensure the environmentally sound and proper recycling or disposal of the waste, and the Contractual Partner undertakes to confirm such proper recycling or disposal to BRANTNER in writing.
9.2.
The Contractual Partner warrants that it holds the necessary permits for the acceptance, recycling, or disposal of the waste in accordance with the Waste Management Act (AWG) as amended. The Contractual Partner shall fully indemnify and hold BRANTNER harmless in this regard.
10.CO2 savings
10.1.
It is agreed that any and all CO2 savings, CO2 credits, and other climate protection credits generated in connection with the provision of services by BRANTNER shall be exclusively attributable to BRANTNER, and that BRANTNER shall hold the sole marketing rights to such CO2 savings, CO2 credits, and climate protection credits.
11. Data privacy
11.1.
Processing of Personal Data: BRANTNER processes the personal data of its contractual partners exclusively for the purpose of fulfilling the contract and complying with legal obligations.
This processing is carried out in accordance with the GDPR and the Austrian Data Protection Act (DSG) and serves to execute the contractual relationship, provide customer service, and perform technical administration.
11.2.
Disclosure of Data: Personal data will only be disclosed to third parties if this is necessary for the performance of the contract or if there is a legal obligation to do so. Recipients of this data may include, for example, government agencies, external service providers, or subcontractors. BRANTNER ensures that these third parties comply with data protection regulations.
11.3.
The contracting party is hereby informed that BRANTNER may transfer personal data—such as application data, address data, and data regarding compliance with payment terms and regarding undisputed claims that remain unpaid after the due date—to Artradius N.V. for the purposes of credit checks and debt collection. This data transfer takes place within the scope of Artradius N.V.’s legally permitted business activities, in accordance with Sections 151 through 153 of the Trade Regulation Act of 1994.
11.4.
Data Protection Rights: You have the right to access your personal data stored by BRANTNER, as well as the right to have inaccurate data corrected, to have data erased, to restrict processing, and to data portability in accordance with the provisions of the GDPR. If you believe that the processing of your data violates data protection law or that your data protection rights have otherwise been infringed, you may file a complaint with the data protection authority.
11.5.
Retention period: Personal data is stored only for as long as necessary to achieve the purpose of data processing or as required by statutory retention periods. Once the purpose of processing no longer applies or the statutory retention periods have expired, the data is routinely deleted.
11.6.
Security measures: BRANTNER implements technical and organizational security measures to protect personal data against accidental or intentional manipulation, loss, destruction, or access by unauthorized persons. These measures are regularly reviewed and adapted to the latest state of the art.
11.7.
Contact and Data Protection Officer: If you have any questions regarding data protection, you can contact our Data Protection Officer at any time. You can find their contact information on our website at https://www.brantner.com/datenschutz/.
12. Final provisions
12.1.
If any provision of these Terms and Conditions is or becomes legally ineffective, invalid, and/or void during the term of the contract, this shall not affect the legal effectiveness and/or validity of the remaining provisions. A legally ineffective, invalid, and/or void provision shall be replaced by a legally effective and valid provision that comes as close as possible to the economic purpose of the legally ineffective, void, or invalid provision.
12.2.
All legally binding declarations based on these Terms and Conditions must be made in writing to the most recently notified written address of the other contracting party. If a declaration is sent to the most recently notified written address, it shall be deemed to have been received by the respective contracting party.
12.3.
The headings chosen for the individual sections are provided solely for clarity and shall therefore not be used to interpret these Terms and Conditions.
12.4.
All contracts between BRANTNER and its contractual partners shall be governed exclusively by Austrian substantive and procedural law, with the exception of its conflict-of-laws provisions. The UN Convention on Contracts for the International Sale of Goods does not apply. The language of the contract is German.
12.5.
For all disputes between BRANTNER and its contractual partners, the exclusive jurisdiction of the competent court in 3500 Krems is agreed upon.
If the contractual partner is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and has their domicile or habitual residence in Austria or is employed in Austria, then, by way of derogation, they may be sued only before those courts within whose jurisdiction their domicile, habitual residence, or place of employment is located.
12.6.
If a transaction constitutes a consumer transaction within the meaning of the Consumer Protection Act (KSchG) and if mandatory provisions of the KSchG conflict with individual provisions of these General Terms and Conditions, it is hereby agreed that the relevant mandatory provisions of the KSchG shall supersede the corresponding provisions of these General Terms and Conditions. All other provisions of these General Terms and Conditions remain in full force and effect.
