Section 1 Scope
These general terms and conditions (“Terms”) apply for contracts between Hamburger Schiffsentsorger GmbH (“HS”) and its contracting partners. The contracting partner’s terms shall not apply.
These GTC apply only to entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB) and legal entities under public law (hereinafter collectively referred to as the “Customer.)” or, in the case of HSE, instead of “Customer”: “Contractual Partner”.
Section 2 Formation of the contract
1. Offers made by HS are non-binding. As a rule, contracts are only established upon confirmation of the order by HS in general.
2. Establishing a disposal contract is subject to obtaining the necessary approvals under public law and official declarations required by the contracting partner and third parties engaged by the contracting partner to fulfil the respective contract.
Section 3 Service deadlines, partial services
1. Service periods for HS will not begin until the contracting partner has completely fulfilled its obligations of cooperation.
2. As a rule, HS is entitled to partial services.
Section 4 Declaration and information obligations, samples, duties of care and transport safety
1. The contracting partner is obligated to declare the products and waste to be handed over to HS both completely and accurately, and to communicate all factual circumstances that are required in order to properly fulfil the order. The contracting party is responsible for the composition of the products and waste and for any necessary associated declarations to third parties. The contracting partner must release HS from all third-party claims based on insufficient declarations and/or impermissible handling of waste by the contracting partner. In this regard, any retention rights or rights to deny service of the contracting partner are excluded.
2. HS is entitled to take samples from the waste offered for recycling or disposal at the cost of the contracting partner and to use this as a binding quality sample as a basis for the order.
3. The contracting partner will pay the duties and fees incurred in connection with the disposal process.
4. If the waste which is handed over falls under the jurisdiction of various regulations regarding hazardous goods, the contracting partner must ensure compliance with its obligations and the obligations for senders of hazardous goods. The contracting partner is obligated to hand over the necessary safety data sheets to HS.
5. The contracting partner must protect objects (e.g. containers) handed over by HS against loss and damages and to ensure a suitable storage position with suitable access. In this regard, the contracting partner is obligated to ensure transport safety. The contracting partner is responsible for any special use allowances required in this context or other approvals under public law, and will bear the associated costs.
Section 5 Requirements for accepting products and waste
HS is only obligated to accept products and waste if the following conditions are met:
– Accurate and complete information regarding the nature and characteristics of the waste actually submitted for acceptance,
– No deviation in the delivered waste from the submitted analysis data and samples,
– Compliance with the relevant accident prevention regulations by the contracting partner,
– Compliance with the legal requirements for the protection of soil, water and air by the contracting partner,
– Compliance with the relevant regulations of waste law, particularly the Closed Substance Cycle Act as well as the Ordinance on Waste Recovery and Disposal Records, by the contracting partner.
– The products and waste must be pumpable and free of foreign components.
Section 6 Exclusion from liability
HS is not excluded from liability for damages due to injury of life, body or health. Otherwise, HS is excluded from liability for damages, unless
a) They are based on statutory liability depending on fault, or a wilful or grossly negligent violation of contractual or legal obligations
b) The exclusion from liability inappropriately impacts the contracting partner depending on the circumstances of the individual case.
Section 7 VAT, Expenses of HS
1. Prices issued by HS will apply from our company office plus the respective legal VAT.
2. As a rule, HS bills costs for packaging, freight and transport as well as other expenses separately.
Section 8 Offsetting
The contracting partner may only offset using claims which are undisputed, legally determined or ready for a decision.
Section 9 Place of jurisdiction, applicable law
1. For all disputes resulting from or connected with contracts between HS and the contracting partner, the place of jurisdiction is Hamburg.
2. The laws of the Federal Republic of Germany apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Section 11 Final provisions
If a provision of this contract should be or become ineffective or unenforceable in whole or in part, this will not affect the validity of the remaining provisions of this contract. The sample applies if and insofar as there should be gaps in this contract. To replace the invalid or unenforceable provision or to fill the regulatory gap, a suitable regulation should be found that corresponds to the invalid or unenforceable provision or the presumed intention of the parties if they had considered this point.