General terms and conditions of neowa GmbH

The following terms and conditions of trade apply for orders between neowa GmbH (hereafter referred to as neowa) and the respective business partner (hereafter referred to as the Partner). The validity of terms and conditions of business of the Partner is hereby explicitly rejected. They are not accepted even if they have not been rejected again in the individual case.

1. All services and order content are subject to the laws, ordinances and regulations valid at the time of order provision.
   
   
2. neowa is the sole company undertaking execution of the services described in the agreement and is entitled to entrust third parties with the performance of individual tasks. neowa will undertake the task with the care of a prudent business person.
   
   
3. In the case of provision of containers this is on instruction and at the risk of the Partner. neowa is not liable for adequate ground conditions. The Partner is liable for all damages to the container and must insure it in full.
   
   
4. On delivery to the recycling plant waste material is permitted to contain no contaminants or impurities that could cause operational failures. neowa may perform quality checks of the waste material at own discretion. The analytical values of the waste material must not exceed the limit values listed in annex 1. If it is found in investigations that the defined limit values are exceeded then the Partner will be informed of this immediately. The investigations are conducted by a recognised laboratory. In the case of incorrect filling regardless of possible fault the Partner is liable for all legal consequences arising as a result and for possible expenses for proper disposal.
   
   Should the purchaser of “waste material processing” services be late in delivering, and should it not be possible for neowa GmbH to compensate for the agreed delivery quantity through other third-party deliveries, neowa GmbH is entitled to demand compensation for the resulting damage, including any additional costs incurred. Further claims are reserved. For his part, the purchaser reserves the right to provide evidence demonstrating that damage to the extent claimed was either not caused at all or, at least, that the extent of the damage was considerably lower.
   
   
5. The agreement has a binding term which has been negotiated between neowa and the Partner. The term is extended respectively by 12 months if it is not terminated by one of the contracting parties with a notice period of 6 months to the end of the term.
Our company regularly checks your credit rating in the case of contract formations and in certain cases in which a legitimate interest exists. To do this, we work with Creditreform Goslar, Styra KG, Claustorwall 1, 38640 Goslar, Germany, from which we obtain the required data. To this end, we transmit your name and contact details to Creditreform. Further information about data processing by Creditreform is available in the detailed leaflet on “Creditreform information in accordance with art. 14 EU GDPR” (cf. annex 1).
   
   
6. All service, processing and recycling costs are exclusive of the respective value added tax applicable. Invoicing is according to the service actually provided and on the basis of delivery notes and/or weight notes. Invoice amounts are due for payment immediately unless otherwise agreed.
   
   
7. In the case of project or system dealings agreed between the Partner and neowa (considered as such are dealings that deviate from the waste related services described above with respect to duration and risk structure as well as complexity and business relevance) the valid contracts agreed and signed between the Partner and neowa for the corresponding projects apply in addition to these General Terms and Conditions of Trade.
   
   
8. In the case of force majeure that entirely or partially prevents the parties from fulfilment of their obligation both parties are exempted from fulfilment of the agreement until cessation of the force majeure. The party subject to the force majeure must inform the other of it immediately. Significant disruption to production is equivalent to a case of force majeure.
   
   
9. Should one provision of this agreement be or become invalid or unenforceable then this shall not affect the validity of the remainder of the agreement. Instead the parties undertake in place of those that are invalid and unenforceable to substitute valid and enforceable provisions which correspond as far as possible to the sprit and purpose of the provision to be replaced.
   
   
10. Modifications, additions or cancellations must be made in writing in order to take effect as must the waiver of the written form requirement.
    
    
11. Before going to court in the case of disputes arising from this agreement the parties undertake to obtain an amicable settlement with the assistance of an expert to be appointed by the competent chamber of commerce and industry. The parties shall each cover half of the costs. The place of jurisdiction for all disputes arising from this agreement is Lüneburg.
    
    
12. The offers from neowa GmbH are binding for a period of four weeks unless otherwise agreed.
      
    

    Status 24.05.2018