Conditions

TERMS OF SERVICE

FB Waste Recycling GmbH

§ 1. General; scope

1. Our terms and conditions apply exclusively. We do not recognize any conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Our conditions also apply if we carry out the delivery without reservation in the knowledge of conflicting or deviating conditions from our terms and conditions.

2. Our terms and conditions only apply to companies (hereinafter referred to as customer). Entrepreneurs in the sense of the terms of sale are natural or legal persons or legal partnerships with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.

§ 2 conclusion of contract; Scope and execution of orders

1. Our offers are non-binding. We reserve the right to make technical changes and changes within reason. The documents belonging to the offer, such as catalogs, brochures, illustrations, drawings, weights and dimensions, price lists, advertisements, websites and other publications are only approximate unless they are expressly designated as binding.

2. Orders are only considered accepted when they have been confirmed by us in writing. This also applies to any additions, subsidiary agreements, commitments and declarations - including our staff and any vicarious agents - to this contract. Telephone information from our employees does not constitute a guarantee of quality or other promises.

3. All orders are carried out according to the principles of proper professional practice. Our order confirmation or the contractual agreement with the customer is decisive for the scope of the order.

4. The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular when concluding a congruent hedging transaction with our supplier. The customer will be informed immediately about the unavailability of the service.

§ 3 time of performance

1. The performance period begins as soon as all details of the execution of the order have been clarified and we have agreed with the customer on all conditions of the order.

2. The processing times given by us are to the best of our knowledge, but are only approximately binding and can diverge from the actual time of completion.

3. If fixed dates are agreed, they only apply provided that all details of the order are fully clarified in good time, in particular all documents, permits and releases to be obtained by the customer and the punctual receipt of any agreed down payment.

4. When agreeing a deadline, this is only not met if at this point in time our services are so incomplete or faulty that the results cannot be used. Insignificant defects are not taken into account.

§ 4 remuneration

1. Unless otherwise agreed, the remuneration for our work is to be paid to our paying agent without any deductions, within two weeks of the invoice being issued. We are entitled to bill our services either monthly or weekly.

2. The statutory value added tax is not included in our prices; it is shown separately at the statutory rate on the day of invoicing.

3. The deduction of a discount requires a special written agreement.

4. If our customer is in default of payment, we are entitled to demand default interest of 7% above the respective base rate. If we are able to prove higher damage caused by default, we are entitled to assert this.

5. If an effective remuneration agreement has not been made, the usual remuneration for our activities described in the order confirmation or other contractual agreement shall apply in any case.

6. If the order ends before it has been fully executed, the claim for remuneration is based on the work actually carried out up to that point.

7. Our customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, the customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 5 obligations of the customer; termination

1. The customer is obliged to cooperate insofar as it is necessary for the orderly execution of the order. In particular, he has to provide us with all information and details and to hand over all necessary documents in full and in good time so that an appropriate processing time is available or the agreed time is not exceeded. The same applies to the information about all processes and circumstances that may be important for the execution of the order.

2. If the customer fails to comply with the aforementioned obligation or any other co-operation incumbent on him, or if he is in default of accepting the offered service, we are entitled to set a reasonable deadline with the declaration that we will continue the contract after the deadline has expired decline. After unsuccessful expiry of the deadline, we can terminate the contract without notice. This does not affect our entitlement to compensation for the additional expenses incurred as a result of the delay or the failure to cooperate on the part of the customer, as well as any damage caused, even if we do not make use of the right of termination.

§ 6 Withdrawal and Compensation

1. If, after the conclusion of the contract, the remuneration of our fee is jeopardized by the customer's insolvency, we have the right to demand adequate security corresponding to our preliminary work. If the customer does not comply with this request within a reasonable period, we can withdraw from the contract. We reserve the right to make further claims, in particular the assertion of rights of retention.

2. The customer is obliged to inform us immediately as soon as there is insolvency or insolvency proceedings have been initiated against him.

§ 7 liability

1. We are only liable for the correctness of the information provided and documented for the respective project insofar as the conclusions are based on the correctness of the data and information provided. We convey our information and all activities required to fulfill the purpose of the contract to the best of our knowledge and belief. This does not release our customers from the responsibility to check the usage for the use, application and procedures. Incidentally, liability is only assumed if the device is used as intended.

2. Further claims by our customers - for whatever legal reason - are excluded. If we negligently violate an essential contractual obligation, our liability to pay compensation for property damage or personal injury is limited to the compensation provided by our business liability insurance. The above exemption from liability does not apply if the cause of the damage is based on intent or gross negligence.

§ 8 Copyright

The information, data, drawings, sketches and other documents provided to us by the customer, which are the subject of our consultations, become the property of our customer upon completion of the consultation and full payment. Any existing copyrights are settled with the payment by the customer. The documents may not be made accessible to third parties without our consent. We will not refuse consent in breach of trust.

§ 9 final provisions

1. The law of the Federal Republic of Germany applies.

2. If the customer is a merchant, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our company headquarters. However, we reserve the right to sue our customers at the court responsible for their place of residence.

3. The customer may only transfer the rights from the contractual relationship entered into with us to third parties with our express written consent. However, we will not unfaithfully refuse our consent.

4. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The completely or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective regulation.

As of January 1, 2019