General terms and conditions for the disposal of waste and the provision of other services by the company:
Luzia François GmbH waste disposal company
Deliveries, services, offers and invoicing of the company Francois GmbH (hereinafter referred to as “Francois”) are exclusively based on these terms and conditions. They shall therefore also apply to all future business transactions, even if this has not been expressly agreed again.
The terms and conditions shall be deemed to have been accepted at the latest upon confirmation of the order, acceptance of the materials or commencement of the provision of services. Counter-confirmations by the customer (hereinafter referred to as “customer”) with reference to his terms and conditions of business and purchase are hereby rejected. Oral collateral agreements as well as subsequent deviations from these terms and conditions of business are only valid if Francois has confirmed them in writing.
The term “disposal” as used in the following includes “recycling” and/or “disposal” of waste in accordance with § 3, 7 KrW-/AbfG.
Francois shall be bound by offers submitted for up to 8 weeks. If the ordering party is not at the same time the invoice recipient, the ordering party shall be deemed to be the customer in case of doubt. Francois is not obliged to verify the authority to sign on the part of representatives of the Customer. The acceptance protocol or the signed delivery bill shall be deemed to be incontestable proof of performance.
The personnel provided by Francois for the respective assignment is subject to the instructions of Francois. If services are performed on the basis of special instructions from the customer, the customer is liable for all damages, including those of third parties, that may result from this. In all other respects, the provisions of the BGB (German Civil Code) shall apply. The vehicles used by Francois can only be driven on paved roads and paths. The customer is liable for any damage caused by incorrect instruction. If work equipment and containers required for the performance of the service are damaged by the customer or third parties employed by the customer, the damage occurring will be invoiced to the customer. The customer undertakes to provide Francois with exact information on local, material and safety conditions. The customer must ensure that all necessary connections, lines and shafts are freely accessible. This applies in particular to the cleaning and flushing of ducts, pipes and separator systems. The customer shall be liable for any infeasibility or delay in work due to inadequate preparation or cooperation on the part of the customer. In this case, Francois is entitled to invoice the costs incurred. This also applies to empty runs caused by the customer.
Agreed individual performance dates are binding. Performance rhythms for continuous performance are not binding. If Francois is not able to meet scheduled deadlines, it is deemed to be agreed that a delay for which Francois is not responsible has no effect on the contractual rights and obligations of both parties. If Francois is responsible for the delay, the customer can terminate the contract after Francois has been granted a reasonable period of grace and this has elapsed without result. All further claims by the customer are expressly excluded, unless Francois’ failure to meet the deadlines is due to intent or gross negligence.
Prices, invoicing and method of payment
Agreed prices are net prices plus the respective statutory value added tax. Unless otherwise agreed, they refer only to Francois’ own services and do not include any cash expenses, fees for official permits or costs for services provided by third parties. These costs shall be invoiced separately to the customer. Preparatory and final work as well as travel times shall be regarded as order-related wage work. The prices for transport services or vehicle provision usually include wage costs for 1 person. Possibly required additional personnel or exceeding the regular working hours, e.g. in case of special or emergency operations, will be charged in the form of wage or time supplements within the framework of collective bargaining agreements. Order-related consumption of auxiliary materials, such as cleaning agents and rinsing water, can be invoiced to the customer at cost price.
Unless otherwise agreed, Francois invoices are payable net 14 days after receipt. In the case of continuous performance, an invoice will be issued monthly or at the middle of each quarter. Unless otherwise agreed, this invoice is also payable 14 days after receipt without deduction. In the event that the payment deadline is exceeded, Francois shall be entitled to demand payment from the date of receipt of the invoice. Translated with www.DeepL.com/Translator (free version)