1. Scope of Application:

These General Terms and Conditions regulate the relationships between Hazarex, a brand of Optimal Bulk Logistics B.V., headquartered at Prinses Beatrixplein 1, 6245 CC Eijsden, Netherlands (hereinafter referred to as "Service Provider"), and its customers within the framework of the services provided. These include, among others: Waste logistics audits to optimize and increase the efficiency of waste management processes; multimodal and global waste transport for hazardous and non-hazardous waste; assistance with the application and management of waste transfer licenses (notifications) and waste transport licenses. Additionally, the service provider offers individual consulting and/or mediation services separately, which are usually part of the all-in-one solution package.

2. Contract Duration and Termination:

The contract generally comes into force upon publication on the homepage and the customer's tacit agreement and is concluded for an indefinite period. It can be terminated by either party with three months' notice to the end of the month in writing.

3. Changes to the Service:

The service provider reserves the right to make changes to the nature of how the service is provided and will inform the customer in a timely manner. This flexibility enables the service provider to appropriately respond to changes in market conditions or legal requirements.

4. Right of Withdrawal and Cancellation Conditions:

The contract or the services utilized can be terminated at any time by written notice. In the event of termination, the customer bears all costs incurred up to the point of termination, as well as all future costs incurred by the service provider as a result of the termination, including non-refundable expenses, services already provided, and costs charged or yet to be invoiced by third parties for services or products ordered in advance. These costs will be offset against any advance or interim payments made. If these payments do not fully cover the incurred costs, the customer is obliged to settle the remaining balance. This approach reflects the time-sensitive nature of our services and the fact that booked service times and resources, including those reserved or contracted with third parties, cannot be compensated for by short-term substitute orders. We strive to keep these costs as transparent and fair as possible.

5. Type of Contract:

The service provider's services are provided under a service contract according to Dutch law ("opdracht"), which is governed by Articles 7:400 to 7:413 of the Dutch Civil Code (Burgerlijk Wetboek). This form of contract was chosen because it offers flexibility and clear obligations for both parties. It ensures that the focus remains on providing high-quality, customer-specific services while offering a transparent and straightforward framework for our working relationship.

6. Scope of Services:

The service provider offers a wide range of services, including: a) Waste logistics audits to identify and optimize inefficient processes in waste management. b) Physical waste transport of hazardous and non-hazardous waste, ensuring safe and legally compliant transport on multimodal global routes with continuous monitoring. c) Assistance with the application and management of waste transfer licenses (notifications) until final approval. d) Support in obtaining and managing waste transport licenses for transport companies. e) A tailor-made all-in-one package, providing comprehensive support and/or mediation of in-house or partner services. The service provider does not offer consulting or services in the areas of finance, taxation, or legal matters. Customers are encouraged to seek advice from qualified professionals in finance, tax, and legal matters.

7. Payment Terms:

Amounts up to EUR 2,500 (net) are to be paid in advance and must be received before services commence. For amounts over EUR 2,500 (net), an advance payment of at least EUR 2,500 is required. The remaining amount is to be paid in agreed installments based on service progress, with each installment being at least EUR 2,500. The final payment is due upon completion of the service but must be made before the handover of documents and/or results to the customer. All payments are to be made within 10 days of the invoice date unless otherwise agreed in writing. Late payments may result in the suspension of services and/or interest charges in accordance with legal provisions. The service provider reserves the right to withhold final services until full payment is received.

8. Intellectual Property:

The service provider may use specific software, NCLC solutions, and/or proprietary methodological and technical approaches, whose intellectual property remains exclusively with the service provider. Any use of these materials, processes, and tools by the customer requires a separate agreement.

9. Data Protection:

The service provider is committed to complying with data protection regulations in accordance with the General Data Protection Regulation (GDPR) and treats all customer-specific data confidentially. More detailed information about our data protection practices can be found on our separate page under "Data Protection."

10. Confidentiality:

Both parties commit to maintaining confidentiality regarding information received as part of the contractual relationship. This obligation extends beyond the term of the contract. The service provider undertakes to protect the customer's confidential information and use it only to fulfill contractual obligations. Any legally required disclosure will be handled transparently and limited to what is necessary.

11. Disclaimer:

The service provider carries out all work to the best of its knowledge and experience. However, liability for the legal accuracy of the services provided, particularly in complex areas such as waste law, cannot be assumed. For legally binding advice, the service provider recommends consulting an attorney specialized in environmental and/or waste law.

12. Force Majeure:

Both parties are released from their performance obligations if and to the extent that the failure to fulfill the obligations is due to the occurrence of force majeure events. These events include, among others, natural disasters (e.g., earthquakes, floods), war, terrorist acts, epidemics, government actions, strikes, fires, explosions, and major technological disruptions.

13. Dispute Resolution:

In the event of a dispute, the parties will first attempt to find a solution through mediation. This serves to resolve conflicts quickly and cost-effectively. If no agreement can be reached, legal action may be taken in accordance with the agreed jurisdiction.

14. Applicable Law and Jurisdiction:

All legal relationships between the parties are governed by Dutch law, excluding the laws governing the international sale of goods or services. The jurisdiction is Maastricht, Netherlands.

15. Final Provisions:

Should individual provisions of these General Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions will not be affected. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the purpose of the invalid or unenforceable provision in a legally permissible manner. Amendments or additions to these General Terms and Conditions must be made in writing.

Location: Eijsden/Limburg, Netherlands
Date: 4 September 2024