Terms of acceptance for the processing of substitute fuels
We accept materials exclusively on the basis of these company regulations.
They thus also apply to all future deliveries, even if they are not expressly agreed again.
These company regulations shall be deemed accepted on delivery of materials to us at the latest. The validity of any other terms of the deliverer is hereby expressly rejected. Any derogations from these company regulations shall only be effective if they are confirmed in writing.
2. Acceptance criteria
We will only accept materials if their suitability for processing has been established by energenta ersatzbrennstoffe gmbh via inspection on the basis of samples, product sheets, official analyses, etc.
The delivered materials must be free from harmful contamination. Contamination refers to elements contained in the delivered materials that restrict or preclude utilization due to possible environmental damage.
3. Quality provision
By making the delivery, the deliverer warrants that the delivered material complies with these company regulations.
We are entitled to perform checks or have checks performed on delivery and also after unloading on site. If it transpires that the composition or provenance of the delivered materials does not satisfy the foregoing conditions, we may return the materials to the deliverer at its expense. In this case, the costs of the check shall be borne by the deliverer. Further, the deliverer shall have strict liability towards us for all losses we incur due to the delivery of an inadequate material, regardless of who is at fault. In particular, the deliverer shall be liable for the costs of proper disposal.
The deliverer or its vicarious agents or assistants undertake to state on the delivery note inter alia the name of the deliverer and where relevant the carrier, the official vehicle registration number of the delivering truck and the provenance of the material. The deliverer is required to provide a signature for the information on the delivery note. We are not obliged to review the authority of the signatory to provide such a signature, but we are entitled to satisfy ourselves of the identity of the driver by inspecting his or her identity documents and any copies.
Deliveries of materials are subject to charges or fees and will be invoiced by energenta ersatzbrennstoffe.
The material measurement for invoicing is the weight established by us on an officially inspected weighing machine.
The deliverer’s payments shall be set off pursuant to Section 366 (2) German Civil Code (BGB). Payment instructions, cheques and bills of exchange will only be accepted if separately agreed and only on account of payment, under computation of all collection and discount charges. A payment shall be deemed to have been made when the funds are at our disposal. In the case of cheques and bills of exchange, the payment shall only be deemed to have been made once the cheque or bill of exchange has been cleared.
If the deliverer fails to meet its payment obligations – in particular if bills of exchange or cheques are not cleared or if the deliverer discontinues its payments, or if we become aware of other circumstances that call into question the deliverer’s creditworthiness – the entire (remaining) debt shall become payable even if we have accepted cheques or bills of exchange. In this case we are also entitled to refuse to accept further deliveries.
The deliverer may only offset our payment claims against claims that are undisputed or that have been legally established.
The deliverer shall be liable for all losses – irrespective of the legal grounds – caused by it.
The deliverer shall indemnify us against any third-party claims – irrespective of the grounds – if such claim is due to non-compliance of the delivered materials with these company regulations.
The deliverer shall be liable for its vicarious agents and assistants. The option for exculpation under Section 831 BGB is excluded.
6. Our liability
We are liable in accordance with the following provisions for any losses – irrespective of the legal grounds – caused by us, our vicarious agents or assistants due to wilful misconduct or gross negligence. Our liability in all other cases is excluded. We assume no liability for tyre damage.
7. Other provisions
Title to the delivered materials shall pass to us on unloading in the permitted manner unless acceptance has been refused on inspection pursuant to Clause 3 Sentence 2. The instructions of our staff must be followed on unloading.
Should a provision contained in these company regulations or a provision within the framework of other agreements be or become invalid, this shall have no bearing on the effectiveness of all other provisions or agreements. The invalid provision of these company regulations shall be replaced by a valid one that most closely resembles the legal and economic intent of the invalid provision.