PART A.

Article 1

GENERAL TERMS AND CONDITIONS OF SALE, COLLECTION, STORAGE, TRANSHIPMENT, PROCESSING AND PROCESSING of INTER-GREEN B.V.

Located in Beuningen Platinawerf 22-26

Concept definitions

1.1 In these “General Terms and Conditions of Sale, Collection, Storage, Transshipment, Processing and Processing” the following definitions apply:

  1. Offer: the quotations/or quotation issued by the User to the Client with regard to the sale and delivery of goods by the User and/or the Collection, Storage, Transfer, Processing and/or Processing of Waste by the User;

  2. Acceptance: finding by the User that the nature and composition of the Waste materials offered by the Client correspond with the Agreement and meet the acceptance conditions applied by the User;

    1. to which the European Waste Framework Directive (2008/98/EC) applies;

    2. listed in the Annex to Decision No. 2000/532/EC of the Commission of the European Communities of 3 May 2000;

    3. which are offered to the User by the Client, Waste: all substances, preparations and/or objects: which the Client discards, intends to discard or must discard;



  3. Terms and Conditions: these “General Conditions of Sale, Collection, Storage, Transshipment, Processing and Processing”;

  4. Processing: changing the nature or quality of the Waste with physical and/or chemical and/or biological methods for recovery or disposal;

  5. User: the private company with limited liability Inter-Green B.V.;

  6. Collection: the collection of Waste from the Client and/or delivery of Waste by the Client to the User or a carrier engaged by the User;

  7. Means of collection: any object used by the User for Collecting Waste;

  8. Assignment: every Offer accepted by the Client;

  9. Client: any natural or legal person with whom the User enters into an Agreement with regard to the sale and delivery of goods by the User and/or the collection, storage, transfer, processing and/or processing of waste by the User or with whom User negotiates the conclusion of an Agreement;

  10. Storage: all actions at a location, whereby a Waste is kept more or less static in a certain space. Storage also means: bundling, packing, transferring, repacking and combining Waste;

  11. Agreement: any agreement between the User and the Client relating to the sale and delivery of goods, or the Collection, Storage, Transshipment, Processing and/or Processing of Waste by the User, any amendment or addition thereto, as well as all (legal) acts in preparation and for the implementation of the agreement;

  12. Skip: all operations at a location in which Waste is transferred from a Collection Means or a means of transport to another Collection Means or means of transport. This includes, for example: loading, transferring, transferring, etc., whether or not pneumatically or mechanically, for example by means of cranes, conveyors or pipelines;

  13. Parties: User and Client;

  14. Written: a communication by letter, by fax or by e-mail;

  15. Processing: applying:

    1. “Disposal operations”, as mentioned in Annex I of the European Waste Framework Directive (2008/98/EC); and/or

    2. “Recovery operations”, as referred to in Annex II of the European Waste Framework Directive (2008/98/EC), on Waste by the User as well as all other operations leading thereto or related to it.





  1. 1.2 If a defined meaning is assigned to words in the plural form, this also includes the singular form and vice versa.

  2. 1.3 In the event of any conflict, the text of the document that can be regarded as the Agreement shall prevail over these General Terms and Conditions.

  3. 1.4 These General Terms and Conditions form part of and apply to all requests, Offers, Orders, order confirmations and Agreements between the User and the Client. The general terms and conditions or comparable terms and conditions of the Client are expressly rejected.

  4. 1.5 A Client to whom these General Terms and Conditions have applied is also deemed to have agreed to the applicability of these General Terms and Conditions to subsequent requests, Offers, Orders, order confirmations and Agreements between the User and the Client.

  5. 1.6 Provisions, conditions and/or agreements deviating from these General Terms and Conditions are only valid if and insofar as these have been confirmed in Writing and expressly by the User.

  6. 1.7 If, in the opinion of the competent court, any provision of these General Terms and Conditions is not applicable or is contrary to public order or the law, then only the relevant provision will be deemed not to have been written and these General Terms and Conditions will apply to the others remain in full force and effect. Instead of a possibly invalid provision, a provision that comes closest to the intention of the Parties and is valid shall apply.

  7. 1.8 User is authorized to make changes to these General Terms and Conditions. The changes take effect immediately at the time announced by the User.

  8. 1.9 Articles 1 to 16 (Part A) of these General Terms and Conditions relate to both the sale and delivery of goods by the User and the collection, storage, transfer, processing and/or processing of waste by the User. Articles 17 to 19 (Part B) of these General Terms and Conditions only relate to the sale and delivery of goods by the User and articles 20 to 24 (Part C) of these General Terms and Conditions only relate to Collection, Storing, Skipping, Editing and/or Processing of Waste by User.

  9. 1.10 The headings (“headings”) and the numbering of the articles of these General Terms and Conditions have no independent significance. The headings and numbering do not affect the interpretation of the provisions of these Terms and Conditions.

  10. 1.11 In case of differences between these General Terms and Conditions and translations thereof, the Dutch text will prevail.


Article 2 Offers

  1. 2.1 All Offers made by the User, regardless of the manner in which they were made, are always without obligation and can be revoked by the User at any time, even if they contain a term for acceptance. If the Offer does not contain a term for acceptance, the term for acceptance is 30 days.

  2. 2.2 All Offers are made by the User to the best of its knowledge and with the utmost care. However, the User does not guarantee that the Offer does not contain any inaccuracies. If it appears that the Offer contains one or more inaccuracies, the User will inform the Client In Writing as soon as possible. Inaccuracies in the Offer cannot be held against the User and do not bind the User, not even after the conclusion of the Agreement.

  3. 2.3 Pictures, drawings, measurement and weight specifications, advice, calculations, announcements regarding capacities, results and/or expected performance and other information provided by the User are not binding on the User and are only intended to provide a general presentation. giving the goods delivered by the User and/or the Collection, Storage, Transshipment, Processing and/or Processing Activities performed by the User.

  4. 2.4 If the Client provides the User with documents, data, drawings and the like when requesting an Offer, the Client guarantees the correctness of the relevant information and the User will base its Offer on this.

  5. 2.5 If the Client does not issue an Assignment in response to the User’s Offer, the User is entitled to charge the costs incurred in connection with the Offer to the Client.


Article 3 Establishment, cancellation and performance of the Agreement

  1. 3.1 An Agreement relating to the sale and delivery of goods is not concluded until the User has accepted the Order in Writing or if the User carries out the Order.

  2. 3.2 An Agreement relating to the Collection, Storage, Transshipment, Processing and/or Processing of Waste is only concluded when the User has signed the “waste description form” and the Agreement.

  3. 3.3 All (legal) acts and behaviors performed by an officer or employee of the Client in the context of the conclusion, performance and amendment of an Agreement between the User and the Client are deemed to have been performed competently on behalf of the Client and are binding on the Client. . The Client cannot rely on the User that there is no authority to legally represent or bind the Client with regard to these acts or conduct.

  4. 3.4 Agreements are deemed to have been entered into for the duration as agreed In Writing. Unless the Agreement has been canceled In Writing and with due observance of a notice period of at least three months, the Agreement will be tacitly extended after the expiry of the agreed term by the same period as for which the Agreement was entered into.

  5. 3.5 Agreements on an incidental basis are not eligible for renewal in accordance with the previous paragraph of this article, unless otherwise agreed by the Parties.

  6. 3.6 The Client can only cancel the Assignment if the User has agreed to this In Writing. The Client is obliged to compensate all damage suffered by the User as a result of the cancellation. This damage is immediately due and payable and is set at a minimum of 30% of the amount to be paid by the Client to the User if the Assignment had been carried out, without prejudice to the User’s right to compensation for the actual damage suffered by it as a result of cancellation of the Assignment. by Client. The authority to cancel by the Client lapses if the User has accepted the Assignment In Writing or the agreed goods have been delivered or the Waste has been Collected, Stored, Transferred, Processed and/or Processed. The Client indemnifies the User against all claims of whatever nature that third parties may enforce against it with regard to any damage or loss suffered as a result of the cancellation of the Assignment by the Client.

  7. 3.7 The Client is obliged to provide the User with all information necessary for the implementation of the Agreement in a timely manner, failing which the Client is liable towards the User for all resulting damage.

  8. 3.8 The Client must ensure that the goods to be delivered by the User and the accompanying packaging, labeling and other information comply with all government regulations in the country of destination at the time of delivery. The use of the goods and the conformity with government regulations is at the risk of the Client.


Article 4 Changes to the Agreement

  1. 4.1 The User is entitled to make changes to the Agreement if, in its opinion, this is necessary for the proper and professional execution of the Agreement or if the execution of the Agreement is no longer possible as a result of a change in government regulations or European regulations. regulations or a change in the acceptance policy of waste processing facilities.

  2. 4.2 Changes, additions and/or extensions to the Agreement required by the Client are only binding if they have been confirmed in Writing by the User or if the User implements the changes, additions and/or extensions to the Agreement required by the Client.</ li>

  3. 4.3 If the changes referred to in the previous paragraphs of this article lead to a higher price, the User is entitled to increase the price/rate accordingly and pass it on to the Client.


Article 5 Engagement of third parties

5.1 The User is authorized to have (parts of) the Agreement performed by third parties or to transfer it to third parties.

Article 6 Prices/rates

  1. 6.1 Unless agreed otherwise In Writing, all prices/rates are expressed in Euros and are based on delivery “ex works” (ex works) in accordance with Incoterms 2010.

  2. 6.2 Unless otherwise agreed in Writing, all prices/rates are always exclusive of all direct and indirect taxes, import duties and excise duties, as well as exclusive of transport and shipping costs, administration and handling costs, environmental surcharges and insurance premiums. The aforementioned taxes, costs, surcharges and premiums are for the account and risk of the Client, unless agreed otherwise in Writing.

  3. 6.3 If, for whatever reason, the cost price of the goods to be delivered by the User and/or the Collection, Storage, Transshipment, Processing and/or Processing of Waste after the Offer has been issued and/or during the term of the Agreement rises whatsoever, the User is entitled to change the prices/rates accordingly without prior notice and to pass them on to the Client.

  4. 6.4 If at the request of the Client or otherwise in good faith it is necessary to exceed normal working hours, the User has the right to charge surcharges for this and the Client is obliged to pay these.


Article 7 Payment

  1. 7.1 Unless otherwise agreed in Writing, payments must be made within the payment term stated on the invoice and in accordance with the payment conditions stated on the invoice.

  2. 7.2 If the Client exceeds the agreed payment term, the Client will be in default by operation of law and will owe default interest of 1.5% per month, to be calculated from the date of commencement of the default until the date of full payment of the invoice amount.

  3. 7.3 All costs related to the collection of amounts owed by the Client are for the account of the Client from the date of default. As of the date of default, the Client owes extrajudicial costs amounting to 15% of the amount due. If the costs actually incurred by the User for collecting the outstanding amount exceed 15% of the amount owed by the Client, the Client is obliged to reimburse the actual costs incurred to the User.

  4. 7.4 If the User has brought forward its claims in legal proceedings, including arbitration or binding advice, the Client is obliged to reimburse the User for the actual costs involved in the procedure. This includes – but is not limited to – the costs of bailiffs, lawyers and attorneys-at-law, as well as the fees owed to arbitrators or binding advisors and the court or standing charges. The provisions of this article remain applicable, even if the aforementioned costs exceed any legal costs order.

  5. 7.5 Each payment by the Client will first be deducted from the costs (including but not limited to the costs due in accordance with paragraphs 3 and 4 of this article), then each payment will be deducted from the amount due interest and finally on the principal amount of the oldest outstanding invoice and the accrued interest.

  6. 7.6 In the absence of timely payment by the Client on any invoice, all outstanding invoices, including those invoices for which the payment term has not yet expired, become immediately due and payable.

  7. 7.7 If the Client is in default or the User has reasons to doubt that the Client will fulfill its obligations, the User is at all times entitled:

    1. demand full or partial payment in advance from the Client;

    2. to suspend all or part of its obligations with regard to the Agreement and/or all other Agreements with the Client;

    3. to require the Client to provide proper security, at the sole discretion of the User.



  8. User shall be entitled to take one or more of the above measures if User, at its own discretion, is of the opinion that the (feared) shortcoming of the Client justifies such measures. If the Client does not provide security at the User’s first request, or provides insufficient security, the User is entitled to dissolve the Agreement extrajudicially without further notice of default or intervention by the court. In that case, the Client is liable for all damage suffered and still to be suffered by the User.



  1. 7.8 Objections to the User sent invoices must be notified to the User In Writing within five working days of the date of the invoice, failing which the User is entitled to no longer deal with the complaints.

  2. 7.9 Set-off or set-off by the Client is never permitted. The Client is not entitled to suspend any payment obligation.

  3. 7.10 With regard to payments and settlements, the administration of the User is binding at all times, subject to evidence to the contrary from the Client.


Article 8 Terms

  1. 8.1 The periods specified by the User within which the goods are delivered or the Collection, Storage, Transshipment, Processing and/or Processing Activities are carried out are indicative and can never be regarded as strict deadlines. In the event of late delivery or service, the User must be given written notice of default within 24 hours at the latest. In that case, the Client will have to allow the User a reasonable period of time to still meet its obligations. The Client is not entitled to compensation for any damage, direct or indirect and of any nature whatsoever, as a result of exceeding the agreed term or stated by the User. If the term is exceeded, the Client is not entitled to dissolve or terminate the Agreement, unless the term is exceeded to such an extent that the Client cannot reasonably be expected to maintain the Agreement.

  2. 8.2 The periods specified by the User first start to run on the day stated in the Agreement or the Written confirmation of the Assignment by the User, provided that:


a.b.

Article 9

all necessary data or (auxiliary) resources have been made available to the User by the Client; and

User has received the advance payment if the Parties have agreed on an advance payment.

Force majeur

  1. 9.1 Force majeure on the part of the User is understood to mean any circumstance independent of the will of the User, as a result of which the fulfillment of its obligations towards the Client is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from the User. regardless of whether that circumstance could have been foreseen at the time of concluding the Agreement. Those circumstances include, but are not limited to: strikes, stagnation in the supply of goods, calamities on the part of the User, (civil) war, danger of war, (natural) disasters, riots, riots, fire, other business disruptions and measures of government agencies.

  2. 9.2 User shall inform Client of a force majeure situation.

  3. 9.3 In the event of force majeure, the User is released from fulfilling its obligations under the Agreement, without the Client being entitled to any compensation.


Article 10 Suspension and Termination

  1. 10.1 In the following, non-exhaustive cases, the Client is in default without notice of default being required, and the User has the right to dissolve the Agreement in whole or in part, without judicial intervention being required:

    1. if the Client applies for bankruptcy or (provisional) suspension of payment, or is declared bankrupt, (provisional) suspension of payment is granted, or if the Client is placed under administration, management or guardianship pursuant to a statutory provision;</li >

    2. if the Client transfers, liquidates or shuts down or discontinues (parts of) its business or its activities in whole or in part;

    3. if a prejudgment or execution order is levied at the expense of the Client;

    4. if the Client fails to fulfill any obligation under the Agreement, or fails to do so on time or properly.



  2. The foregoing does not affect the User’s other rights, including the right to compensation.

  3. 10.2 All claims that the User may have or acquire against the Client in the cases referred to in the previous paragraph of this article will be immediately and fully due and payable, while the User is furthermore entitled to take back all goods to which it is entitled.</li >



  1. 10.3 If the User is in default, the Client is not entitled to dissolve the Agreement in whole or in part, if it was already in default with the fulfillment of its obligations.

  2. 10.4 Client indemnifies User against all claims of whatever nature that third parties may enforce against it with regard to any damage to be suffered or suffered as a result of a dissolution of the Agreement.


Article 11 Liability

  1. 11.1 Unless there is intent or willful recklessness on the part of the User, the User is not liable for any damage suffered by the Client, direct or indirect and of any nature whatsoever, regardless of how the damage was caused and the persons who caused the damage. has been caused.

  2. 11.2 Liability for consequential damage is excluded at all times. Consequential damage includes, among other things, delay in the treatment, stagnation at the Client, having to perform a transaction again, lost profit and missed savings, g of trust/image etc. by whatever name.

  3. 11.3 In all cases, the liability of the User is limited to that for which the insurance of the User provides cover and the User is only obliged to compensate the damage up to a maximum of the amount of the actual payment made by its insurer, plus any compensation to be paid by the User. bear your own risk. The insurance policy and the policy conditions are available for inspection at the offices of the User.

  4. 11.4 Client indemnifies User against all claims of whatever nature that third parties may enforce against User with regard to any damage or loss suffered.

  5. 11.5 Within the framework of the limitation of liability in the previous paragraphs of this article, the User is only liable for damage resulting from work performed by the User itself or on its behalf.

  6. 11.6 Limiting, excluding or determining conditions which can be invoked against the User by third parties, can also be invoked by the User against the Client.


Article 12 Intellectual property

  1. 12.1 Only after explicit Written permission and on the instructions of the User, the Client may use the trade names and brands used by the User in trade.

  2. 12.2 The Client is obliged to closely follow the instructions of the User with regard to the use of the trade names and brands used by the User.

  3. 12.3 All rights arising from intellectual and industrial property, as well as copyrights remain with the User at all times.

  4. 12.4 All drawings, documents and data (carriers) provided by the User remain the property of the User.


Article 13 General provisions

  1. 13.1 Client is not authorized to transfer all or part of the rights and obligations under the Agreement or Agreements arising from it to third parties.

  2. 13.2 Should the circumstances assumed by the Parties at the time of the conclusion of the Agreement change in such a way that compliance with the Agreement can no longer reasonably be expected from one of the Parties, consultations will take place about the interim amendment of the Agreement, whereby the provisions of Article 4 of these General Terms and Conditions apply in full.


Article 14 Disputes

  1. 14.1 Disputes between the Parties, including those that are only regarded as such by one of the Parties, will be resolved as much as possible through proper consultation.

  2. 14.2 If the Parties fail to reach a solution, disputes will be settled exclusively by the competent court of the District Court of Gelderland – Arnhem location, without prejudice to the right of the User to summon the Client before the court that has jurisdiction according to the law.</li >


Article 15 Applicable law

15.1 Dutch law applies to all Agreements to which these General Terms and Conditions apply. The provisions of the Vienna Sales Convention do not apply.

Article 16 Entry into force

16.1 These General Terms and Conditions come into effect on November 20, 2014 and have been filed with the Chamber of Commerce under number 30145272.

SECTION B. SALE AND DELIVERY OF GOODS

Article 17 Delivery of goods

  1. 17.1 Unless otherwise agreed in Writing, the delivery of the goods by the User shall take place “ex works” (ex works) in accordance with Incoterms 2010.

  2. 17.2 Irrespective of the provisions of the previous paragraph of this article, the parties may agree that the User will arrange for the transport of the goods, in which case the Client will be liable for the risk of storage, loading, transport and unloading of the goods. goods.

  3. 17.3 In the event that the goods to be delivered are not purchased within the agreed delivery time or if the agreed call-off period is not observed by the Client, the risk for the goods to be delivered will pass to the Client and the User will be entitled to invoice and store, sell or destroy the goods entirely at the expense and risk of the Client, all at the discretion of the User. The costs of storage, sale or destruction shall be borne by the Client.


Article 18 Inspections and complaints

  1. 18.1 The client is obliged to check the goods immediately after delivery for any shortcomings and/or damage.

  2. 18.2 Complaints about the goods must be submitted as soon as possible under penalty of forfeiture of any right of claim, but with regard to externally visible defects within 24 hours after the agreed delivery date.
    time and with regard to defects that are not externally visible, within five working days after the moment at which the Client discovered the defects or could reasonably have discovered them, to be brought to the attention of the User in Writing and with a clear description of the complaints.

  3. 18.3 Any right of claim lapses in any case thirty days after delivery or thirty days after receipt (in the case of exported goods).

  4. 18.4 After establishing any shortcoming and/or damage, the Client is obliged to do or refrain from doing everything that is reasonably possible and necessary to prevent (further) damage.

  5. 18.5 The Client is obliged to provide all necessary cooperation to the User for the investigation of the complaint, including by giving the User the opportunity to investigate the circumstances of the use, treatment and processing of the goods. . If the Client does not cooperate or cooperates insufficiently or if the investigation of the complaint is not (any longer) possible, the Client can no longer assert any claims against the User.

  6. 18.6 Return of the delivered goods to the User can only take place after the prior explicit Written permission of the User. In case of return, the goods must be in the original condition and in the original packaging. The costs for return are for the account of the Client.

  7. 18.7 If the goods delivered by the User – including the packaging of a good – show any damage upon delivery or otherwise do not comply with the Agreement and the Client has timely expressed its complaint in accordance with the provisions of paragraph 2 of this article, the User is , without being obliged to pay further compensation, is entitled at its own discretion to replace the relevant goods, or to issue a credit note for the delivered goods to a maximum of the invoice value to the Client. The User is never bound to any other obligation.

  8. 18.8 Complaints do not entitle the Client to suspend any obligation.


Article 19 Retention of title

  1. 19.1 All goods delivered and yet to be delivered remain the property of the User until the Client has fully paid all claims that the User has or will have against the Client.

  2. 19.2 The User is entitled to take back the goods that have remained its property if the Client fails to fulfill its obligations towards the User, or if the User has reasonable grounds to fear that the Client will fail to fulfill its obligations. or if the Agreement is dissolved at the request of one of the Parties. The Client is obliged to give the User the opportunity to retrieve the goods. All associated costs are for the account of the Client. The Client is not entitled to set off any claims on its part against these goods or to suspend its obligation to make them available on the basis thereof.

  3. 19.3 As long as the User’s delivered goods are subject to a retention of title, the Client is not entitled to process, dispose of, rent out, give the goods for use to third parties or establish any form of security thereon, unless this is done in the context of normal business operations. At the User’s first request, the Client undertakes to cooperate in establishing a right of pledge on the claims that the Client acquires or will acquire on account of the onward delivery of the goods to its customers. If the goods delivered by the User are processed by the Client in the context of normal business operations in or into other products, a right of pledge will be established thereon at the first request and for the benefit of the User.

  4. 19.4 The Client is obliged to separate the goods from other goods as recognizable property of the User and to keep the goods with due care. The Client is obliged to adequately insure the goods for the duration of the retention of title and to keep them insured against all risks of damage and/or destruction due to, for example, fire, theft, embezzlement and the like. At the request of the User, the Client will immediately and free of charge provide a certified copy of the insurance policy and the policy conditions, as well as proof of (timely) premium payment.


PART C. COLLECTION, STORAGE, TRANSFER, PROCESSING AND PROCESSING OF WASTE MATERIALS

Article 20 Transport, packaging and labelling

  1. 20.1 Unless otherwise agreed in Writing, the Client will transport the Waste at its own expense and risk to the location designated by the User. location.

  2. 20.2 The Parties may agree In Writing that the User will arrange for the transport of the Waste to the location designated by the User, but this will always be at the expense and risk of the Client, as well as damage occurring during storage, loading and unloading of the Waste.

  3. 20.3 Every batch of Waste offered by the Client, irrespective of which Party arranges or has arranged for the transport of the Waste to the location designated by the User, must include a fully completed accompanying letter. The accompanying letter must be signed by the authorized person(s) of the Client and the carrier.

  4. 20.4 The Client shall ensure that the packaging of the Waste to be collected meets the legal (safety and environmental) requirements. The client is responsible for stating all legally (safety and environmental) information on the packaging and guarantees the correctness of this information. Furthermore, the Client is obliged to check whether the data, as stated on the packaging materials, correspond with the data as stated on the accompanying letter. The transport of the Waste can only take place after the Client has fulfilled these obligations. The Client must also comply with the instructions of the User or the carrier engaged by the User with regard to the way in which the Waste must be offered.

  5. 20.5 Unless otherwise agreed in Writing, the packaging in which the Client offers the Waste shall become the property of the User.

  6. 20.6 The Client or the carrier engaged by the Client must comply with the regulations and instructions that apply at the User’s site. Entering the User’s site is entirely at your own risk.


20.7 The delivery of Waste can only take place after a Written notification has been made to the User and the User has approved the notification In Writing. The notification must be received by the User at least two working days prior to the moment of delivery. If the previous sentences have been complied with, the reported Waste can be delivered every working day between 8 a.m. and 3 p.m. by or on behalf of the Client at the location designated by the User.

Article 21 Provision of Collection Resources by the User

  1. 21.1 It can be agreed in writing that the User will make Collection Resources available to the Client. The Client owes the User a fee for the use of the Collection Resources.

  2. 21.2 Unless the Parties have agreed otherwise In Writing, the Collection Resources made available to the Client by the User remain the property of the User.

  3. 21.3 All Collection Resources made available to the Client by the User are deemed to be in usable condition. Any complaints in this regard must be brought to the attention of the User in Writing and with a clear description of the complaints within two working days after they have been made available by the User, failing which the User is entitled not to deal with the complaints.

  4. 21.4 The Client must manage the Collection Resources at its own expense and risk with due care. The Client is obliged to closely follow the User’s instructions with regard to the use, storage and maintenance of the Collection Resources made available by the User. The Client is obliged to adequately insure the Collection Equipment and to keep it insured against all risks of damage and/or destruction due to, for example, fire, theft, embezzlement and the like. At the request of the User, the Client will immediately and free of charge provide a certified copy of the insurance policy and the policy conditions, as well as proof of (timely) premium payment.

  5. 21.5 The Client is responsible for obtaining any necessary permits for placing the Collection Means made available to the Client. The associated costs and any fines forfeited in this respect shall be borne by the Client. The Client indemnifies the User against claims from third parties in this regard.

  6. 21.6 The Client must return the Collection Tools empty and in good condition to the User at its own expense at the time and location stated in the Agreement, failing which the User is entitled to enter the Client’s site in order to collect the Collection Tools for the account and risk from the Client. The costs of emptying, cleaning and repairing the collection resources are for the account of Client.

  7. 21.7 During the period that the Collection Tool has been made available to the Client by the User, the Collection Tool will be at the expense and risk of the Client. The Client is liable for damage to and/or loss of the Collection Resources made available by the User. Any damage and/or loss of the Collection Resources made available by the User must be reported to the User immediately In Writing. The User is not liable to the Client for damage (direct or indirect and of any nature whatsoever) caused by the Collection Resources after they have been made available to the Client by the User. The Client indemnifies the User against all claims of any nature whatsoever that third parties may assert against the User in this respect.

  8. 21.8 Unless the damage is the result of normal wear and tear or was caused by the actions of the User or the carrier engaged by the User, damaged Collection Resources will be repaired or replaced at the expense and risk of the Client by or on behalf of the User.</ li>

  9. 21.9 The Client may only use the Collection Means made available by the User for the Collection of the Waste to which the Agreement concluded between the Parties relates. Without the express Written permission of the User, the Client is not permitted to transport the Collection Resources (or have them transported) to another location. The Client is also prohibited from selling, renting or otherwise encumbering the Collection Resources or making them available to third parties.

  10. 21.10 User is at all times entitled to inspect (or have inspected) the Collection Resources at Client and to replace (or have replaced) or exchange (or have exchanged).


Article 22 Ownership, ownership and risk

  1. 22.1 If the Parties have agreed that the User is responsible for the Collection of the Waste, the User will hold the Waste for the Client at the moment the Waste has been collected, i.e. at the moment the Waste touches the bottom of the User’s Means of Collection .

  2. 22.2 If the Parties have agreed that the Client itself is responsible for the delivery of the Waste at the location designated by the User, the User will keep the Waste for the Client at the moment the Waste is located at the location designated by the User, i.e. at the moment at which the Waste passes the entrance gate of the location designated by the User.

  3. 22.3 The ownership of the Wastes passes to the User at the moment of Acceptance of the Wastes by the User.

  4. 22.4 Without prejudice to the provisions of the previous paragraphs of this article, the Client shall remain in respect of the User (including User’s employees) before, during and after the Collection, Storage, Transhipment, Processing and/or Processing Activities have been performed. ) and processor(s) engaged by the User in the performance of the Agreement, liable for hazardous and/or potentially damaging properties of the Waste originating from the Client, except and insofar as there is intent or willful recklessness on the part of the User. The Client indemnifies the User (including User’s employees) against all third-party claims for compensation of damage related to the Waste offered by the Client. The Client also indemnifies the User against all claims from employees of the User for compensation of damage related to the Waste materials offered by the Client.


Article 23 Acceptance and Processing

  1. 23.1 Acceptance or refusal of the Waste materials offered by the Client will take place on the basis of what has been determined in the Agreement and the acceptance conditions used by the User, which have been provided to the Client by the User or which apply to the performance of the Agreement or on the basis of changed circumstances, new knowledge, insufficient data, uncertainties, risk that cannot be estimated, as well as with due observance of the applicable law, regulations and/or instructions from the competent authority.

  2. 23.2 The User is entitled not to accept the Waste materials offered by or on behalf of the Client if:

    1. the Waste is not offered by the Client in such a manner in accordance with the User’s instructions, which are laid down in the Agreement and/or acceptance conditions;

    2. a further investigation of the Waste materials offered by the Client is necessary in the opinion of the User;

    3. The Client has not given the User the opportunity to take samples of the offered Waste. The cost of sample collection and analysis of dThe samples are for the account of the Client;

    4. the delivered Waste products deviate in whole or in part from the information provided by the Client to the User;

    5. User, in accordance with government regulations, is not allowed to Collect, Store, Tranship, Process and/or Process the Waste materials offered by the Client itself, or Waste materials and/or remnants left over from the Processing that the User may not store at its business location or with third parties and/or the Waste materials are not accepted by an establishment requested by the User that processes waste.



  3. This is at the exclusive discretion of the User.

  4. 23.3 If the Waste materials offered by the Client are not accepted by the User for whatever reason, the User shall:

    1. return to the Client at the expense of the Client, provided that the latter is authorized to receive the Waste by virtue of Article 10.37 of the Environmental Management Act;

    2. Processing at the expense of the Client; or

    3. engage another processor at the expense of the Client who is authorized to Process the Waste.





  1. 23.4 If the Waste materials offered by the Client are not accepted by the User for whatever reason, the Client is obliged to reimburse the User for all costs incurred by the User, such as – but not limited to – the costs of transporting the Waste materials to Client or the processor engaged by the User, the (additional) costs of Processing and Processing as well as all damage suffered by the User in any form whatsoever, both direct and indirect, including a penalty clause, immaterial damage, trading loss or environmental damage and consequential damage such as lost profit.

  2. 23.5 The User is not liable towards the Client for any damage that arises because the User does not accept the Waste offered by or on behalf of the Client. The Client indemnifies the User against all claims of whatever nature that third parties may enforce against it with regard to any damage or loss suffered as a result of not accepting the Waste.


Article 24 Complaints

  1. 24.1 Complaints about the Collection, Storage, Transhipment, Processing and/or Processing Activities performed by the User must be submitted as soon as possible, under penalty of forfeiture of any right of claim, but within two working days after the reason for the complaint has arisen. To be brought to the attention of the User in writing and with a clear description of the complaints, failing which the User is entitled to no longer deal with complaints.

  2. 24.2 Any right of claim in any case lapses thirty days after the agreed Collection, Storage, Transshipment, Processing and/or Processing Activities have been carried out by the User.

  3. 24.3 Complaints do not entitle the Client to suspend its obligations.