General Terms and Conditions of Wilhelm Knepper GmbH & Co. KG

§ 1 General

These terms and conditions apply exclusively to all contractual relationships relating to the collection, transportation, storage, conditioning, recycling, disposal and brokering of waste within the meaning of § 3 KrW-/AbfG. Conflicting terms and conditions or terms and conditions that deviate from these General Terms and Conditions shall not be recognized unless their validity is agreed to in writing.

§ 2 Offers

Our offers are non-binding, unless otherwise stated in the offer.

§ 3 Provision of waste containers

1. If agreed, we shall provide our customer with suitable containers for the collection of waste. Details of the size and load-bearing capacity of the containers are only approximate values. Our customer cannot derive any price reduction or other claims from non-significant deviations.

2. Our customer shall be responsible for the safety of the containers provided

3. Our customer shall obtain any official permits required for the use of public traffic areas at his own expense, unless we have expressly assumed this obligation. Public charges levied for the permit shall in any case be borne by our customer.

4. Our customer must provide a suitable place with sufficient paved access for the installation of the containers. He must ensure that the containers are filled, properly handled and adequately secured at the installation site. The containers may only be loaded up to the height of the rim and only to the maximum permissible weight. Our customer shall be liable for costs and damage caused by overloading or improper loading.

5. The rental relationship is also subject to the provisions of §§ 535 ff. BGB apply.

6. Wilhelm Knepper GmbH & Co KG shall provide a container that complies with the structural and statutory regulations. It is not permitted to stick or label the containers without our consent. The container must be returned to its original condition upon removal. Any costs shall be borne by the customer. Our company is responsible for maintenance and servicing; any damage caused by third parties shall be at your expense.

§ 4 Acceptance of waste

1. Our customer is solely responsible for the correct storage, provision and declaration of the waste in accordance with the statutory regulations and is liable for compliance with these.

2. We are only obliged to accept waste from our customer in the agreed quantity if the waste corresponds to the agreed specification. Insignificant deviations shall be disregarded, but the waste must not contain any components that are contrary to the specifications and that could attack, damage or unusually soil waste receptacles, containers or vehicles due to their high acid content or for other reasons.

3. We are entitled, but not obliged, to check whether the specification of the waste corresponds to the contractually agreed specification before accepting the waste. The inspection shall be carried out at our expense, unless the inspection reveals a deviation that is not merely insignificant. In this case, our customer shall bear the additional costs incurred by us in carrying out the inspection.

4. Unless otherwise agreed, we or a transport company commissioned by us shall collect the waste from our customer. The date, time and exact location of the collection shall be agreed with the customer in advance. The customer undertakes to provide the agreed quantity of waste in accordance with the specifications at the agreed time and place, if necessary in the agreed container, in such a way that the waste can be loaded without delay. He further undertakes to hand over to the carrier, without being asked, all documents (transport documents, safety data sheets, etc.) which the carrier must carry with him in accordance with the statutory provisions, in particular the law on hazardous goods.

5. Additional costs incurred by us due to the fact that the waiting time between the arrival of the truck and the complete loading exceeds 10 minutes for reasons for which our customer is responsible shall be reimbursed to us by our customer upon presentation of proof. The same applies to the costs of empty runs caused by our customer's conduct in breach of contract or by the loading point being impassable due to weather conditions.

6. We do not acquire ownership of the waste; however, our customer irrevocably authorizes us to sell the waste to a third party for our account and to transfer ownership of the waste to a third party.

7. If, after acceptance of the waste, we determine that the accepted waste deviates not only insignificantly from the agreed specification, our customer shall be obliged, upon request, to collect and take back the waste immediately at its expense from the place where it is currently located. Alternatively, we may also carry out the return transportation to our customer ourselves or commission third parties to do so; the costs for this shall be borne by our customer. Our right to assert further rights remains unaffected.

§ 5 Disposal

1. Our obligation to dispose of waste shall only apply to waste with the agreed specification. If the waste complies with this specification, we shall fulfill our customer's disposal obligations on their behalf (§ 16 para. 1 sentence 1 KrW/AbfG). If the waste does not comply with the specification, we are not obliged to dispose of it on behalf of our customer. If we already have our own waste disposal obligation in the case of waste that is contrary to specification, we may, at our discretion, demand that our customer dispose of the waste in accordance with the law and claim our lost profit or carry out the disposal ourselves. In the latter case, in addition to the claim to payment of the agreed remuneration, we shall also have a claim to compensation for all additional expenses incurred during disposal resulting from the deviation of the contractually agreed specification from the actual specification. We reserve the right to claim further damages.

2. We are not obliged to dispose of the waste in our own disposal facilities; we may also dispose of the waste by sending it for recycling or disposal in third-party disposal facilities. The waste disposal companies selected by us fulfill the legal requirements for waste disposal. Insofar as liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees and vicarious agents.

§ 10 Deterioration of the customer's assets

If, after conclusion of the contract, we become aware of facts that call into question the solvency of the customer (e.g. initiation of enforcement measures, application for the opening of insolvency proceedings), we shall be entitled to demand full payment or corresponding security before further execution of the order or to withdraw from the contract after setting a reasonable deadline for full payment or provision of security.

§ 11 Termination

If we have been commissioned with the ongoing disposal of the customer's waste, we may terminate the waste disposal contract with a notice period of two weeks to the end of the month, unless otherwise agreed.

§ 12 Choice of law, place of performance and place of jurisdiction

1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

2. Unless otherwise stated in the contract, the place of performance shall be our registered office.

3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all legal disputes arising from this contract shall be our registered office. The same shall apply if the customer has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought. If the district court has subject-matter jurisdiction, the jurisdiction of the local court shall also be deemed agreed at our discretion.

§ 13 Final provisions

1. Our customer authorizes us to process his data electronically for internal purposes and for commissioned data processing. We undertake to comply with the applicable provisions of the Federal Data Protection Act when processing personal data.

2. Amendments and additions to the contract must be made in writing to be effective.

3. Should individual provisions of the contract with our customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.

Status 01.01.2015