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Terms and Conditions

I. Preface

  1. The company Textilrecycling K. & A. Wenkhaus GmbH is collecting and selling recyclables, particularly used clothing.
  2. The existant general terms and conditions apply to all business relations unless deviating agreements are made in individual cases.
  3. Deviations from these conditions and in particular conditions of the client are only valid, if they are approved and confirmed in writing by Textilrecycling K. & A. Wenkhaus GmbH.
  4. Include order confirmations of Textilrecycling K. & A. Wenkhaus GmbH changes compared to the order / offer, they apply to be approved by the client if he does not object in writing immediately.
  5. Company Textilrecycling K. & A. Wenkhaus GmbH is entitled to cause the contractual services by third parties. Claims by the client are not transferable.

 

II. Collection of recyclable materials

1. Composition and declaration

  1. The client has to declare the recyclables complete and accurately. The value of materials shall be no other than the substances specified in the declaration, nothing added or mixed. The goods must be handed in ambient temperature. All costs resulting from the failure of meeting the conditions of acceptance or due to increased pollutant concentrations are to be borne by the customer.
  2. Changes in the composition of the recyclable materials shall be promptly notified to Textilrecycling K. & A. Wenkhaus GmbH.
  3. The customer is liable for all losses incurred by the Textile Recycling K. & A. Wenkhaus GmbH as a result of false declaration. Textilrecycling K. & A. Wenkhaus GmbH is entitled to refuse acceptance of recyclable materials that differ in nature from the declaration, or to supply such substances to proper recovery / disposal after consultation of the client. In this case, the additional costs are to be borne by the client.
  4. The client solely is responsible that in storage and supply of recyclables the statutory and regulatory requirements are met.

2. Transport of recyclables

  1. The choice of moving to loading points (used-clothing-collection-bin, depot, sorting-company or similar) is subject of Textilrecycling K. & A. Wenkhaus GmbH.
  2. Textilrecycling K. & A. Wenkhaus GmbH will carry out the pickup within their operational capabilities and as timely possible. Insignificant deviations from the confirmed or written date shall not create any claims against the Textilrecycling K. & A. Wenkhaus GmbH.
  3. For any damage at driveways Textilrecycling K. & A. Wenkhaus GmbH shall only be liable for willful or grossly negligent acts. For damage to vehicles of Textilrecycling K. & A. Wenkhaus GmbH due to inappropriate access roads shall be liable the client.
  4. With the takeover of valuable materials for recovery / disposal these valuable materials become the property of Textilrecycling K. & A. Wenkhaus GmbH. Excluded are those materials that do not meet the agreed declaration.

3. Payment

  1. Relevant calculation based on either the weight or location rent of the declared substances upon delivery to the disposal facility. The determination of the weight / volume occurs according to the secific method of foreseen facility.
  2. Offers are subject to change without notice in regards to all data stated including quantity and price.
  3. The payment of the agreed fees shall be made immediately upon receipt of invoice and without deduction, unless otherwise agreed.

 

III. Sales of recyclables

  1. Textile Recycling K. & A. Wenkhaus GmbH is selling the collected recyclables. Relevant calculation based on either the weight or according to agreement the number of items of declared materials upon delivery to the customer.
  2. The payment of the agreed fees shall be made immediately upon receipt of invoice and without deduction, unless otherwise agreed.
  3. Textilrecycling K. & A. Wenkhaus GmbH accepts no liability for the kind and quality of recyclable materials sold. Due to the characteristics of the valuable substances the true nature by up to 4% can be different from the declaration. This does not justify a reduction requirement of the customer. The following applies: Sold as seen.
  4. Offers are subject to change without notice in regard to all data stated including quantity and price.
  5. If the buyer accepted a pro-forma invoice and paid for the value of goods in advance, the acceptance of the goods is mandatory.

 

IV. Liability

  1. If the Contractor, for any reason whatsoever, be liable for damages, then its liability shall be limited to the purchase price of a contractually provided standard benefit, which corresponds to an average disposal service. All further claims are excluded, unless caused by intent or gross negligence.
  2. For damages caused to property of the client through the collection, Textilerecycling K. & A. Wenkhaus GmbH is only liable if it or its staff willful misconduct or gross negligence.
  3. The Customer is also liable for all damages to the him from the Textilerecycling K. & A. Wenkhaus GmbH consigned items or loss thereof.
  4. Where the liability of Textile Recycling K. & A. Wenkhaus GmbH is limited or excluded by these conditions, this also applies to claims for damages against staff / contractors of Textilerecycling K. & A. Wenkhaus GmbH.
  5. The obligation to fulfill the contract shall be suspended if, for reasons which Textilerecycling K. & A. Wenkhaus GmbH is not responsible for (force majeure, strikes, etc.), can not take place as planned. The same applies if existing or planned recycling and disposal options are unpredictable no longer sufficiently available.

 

V. Other

  1. The Client authorizes Textilerecycling K. & A. Wenkhaus GmbH to process their data electronically for internal purposes and for order processing. Textilrecycling K. & A. Wenkhaus GmbH agrees to abide by the applicable provisos of the Federal Data Protection Act (BDSG) in the processing of personal data.
  2. Changes and additions to the contract must be made in writing.
  3. In the case of invalidity of a regulation from this agreement, the remaining terms will continue to exist nevertheless. The parties are obliged, to replace an invalid provision of the Treaty in good faith by such a provision, which meets the purpose of the invalid provision as closely as possible. If this is not possible, takes place the legal system to replace the invalid provision.
  4. The place of jurisdiction for all present and future claims, arising from this contract, is the headquarters of the company Textilrecycling K. & A. Wenkhaus GmbH, as far as not stipulated otherwise by law.