1. Scope of application:

These General Terms and Conditions govern the relationship between Hazarex, a brand of Optimal Bulk Logistics B.V., with its registered office at Prinses Beatrixplein 1, 6245 CC Eijsden, the Netherlands (hereinafter referred to as the ‘Service Provider’), and its customers in the context of services including, but not limited to, (Logistics) Auditing, (Waste) Logistics Optimisation (multimodal and worldwide), Waste Notifications (state approvals for cross-border shipments of hazardous waste), and Waste Transport Permits (for transport companies).

Additionally, the Service Provider may offer consultancy and/or intermediary services for supplementary services, products or solutions.

2. Contract duration and cancellation:

The contract shall generally enter into force upon publication on the homepage and the tacit consent of the customer/client and shall be concluded for an indefinite period.

It can be cancelled in writing by either party with a notice period of three months to the end of the month.

3. Changes to the service:

The Service Provider reserves the right to make changes to the manner in which the service is provided and will inform the customer in good time.

This flexibility enables the Service Provider to react appropriately to changing market conditions or legal requirements.

4. Right of withdrawal and cancellation conditions:

Cancellation of the contract is possible at any time by providing written notice. In the event of cancellation, the client will be responsible for covering all costs incurred by the Service Provider up to the date of cancellation, including any non-refundable expenses, any work already completed, and any costs charged to the Service Provider by third parties for services or products ordered in anticipation of future work. These costs will be offset against any down payments or payments on account already made. If these payments are insufficient to cover the incurred costs, the client will be required to pay the remaining balance.

This approach takes into account 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 by replacement orders at short notice. We strive to keep these costs as transparent and fair as possible.

5. Type of contract:

The services of the Service Provider are provided within the framework of a service contract under Dutch law (‘opdracht’), as governed by Articles 7:400 to 7:413 of the Dutch Civil Code (Burgerlijk Wetboek).

This contract type has been chosen because it offers flexibility and clear obligations for both parties. It ensures that the focus remains on delivering high-quality services tailored to the client's needs, while also providing a transparent and straightforward framework for our working relationship.

6. Scope of services:

The Service Provider offers a wide range of services including (Logistics) Auditing, (Waste) Logistics Optimisation (multimodal and worldwide), Waste Notifications (state approvals for cross-border shipments of hazardous waste), and Waste Transport Permits (for transport companies).

Additionally, consultancy and/or intermediary services for supplementary services/products/solutions related to waste management, such as waste processing, waste advisory, packaging, ADR advisory, legal services in waste/environmental law, and related compliance matters, are offered.

However, the Service Provider does not offer any advice or services in the areas of finance, taxation, or legal matters. Clients are encouraged to seek specialized advice from qualified professionals for any needs in finance, taxation, or broader legal issues.

7. Terms of payment:

Amounts up to EUR 2,500 (net) are payable in advance and must be received before any services are initiated. For amounts exceeding EUR 2,500 (net), a down payment of at least EUR 2,500 is required in advance. The remaining balance is payable in agreed-upon installments based on the progress of the services, with each installment being no less than EUR 2,500. The final payment is due upon completion of the service but must be made before the delivery of any documents or results to the client.

All payments must be made within 10 days of the invoice date, unless otherwise agreed in writing. Late payments may result in the suspension of services and may incur interest charges in accordance with statutory regulations. The Service Provider reserves the right to withhold final deliverables until full payment has been received.

8. Intellectual property:

The Service Provider uses special software and/or NCLC solutions as well as its own methodological process approaches, the intellectual property of which remains exclusively with the Service Provider.

Any use of these materials and tools by the Client requires a separate agreement.

9. Data protection:

The Service Provider undertakes to comply with the data protection regulations in accordance with the General Data Protection Regulation (GDPR) and treats all customer-specific data confidentially.

More detailed information regarding our data protection practices can be found on our separate page under "Privacy Policy."

10. Confidentiality:

Both parties undertake to maintain secrecy about confidential information that they receive in the context of the contractual relationship. This obligation continues beyond the duration of the contract.

The Service Provider is committed to protecting the client's confidential information and will use it only for fulfilling contractual obligations. Any required disclosure by law 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 belief and on the basis of professional experience. However, no liability can be accepted for the legal accuracy of the services provided, particularly in complex areas such as waste law.

For legally binding advice, the Service Provider recommends consulting a lawyer specializing in environmental and/or waste law.

12. Force Majeure:

Both parties shall be released from their obligation to perform if and insofar as the non-fulfilment of the obligations is due to the occurrence of force majeure circumstances.

Such circumstances include, but are not limited to, natural disasters (e.g., earthquakes, floods), war, acts of terrorism, epidemics, government actions, strikes, fire, explosions, and major technological disruptions.

13. Conflict resolution mechanisms:

In the event of a dispute, the parties first endeavor to find a solution through mediation.

This serves to resolve conflicts quickly and cost-effectively. If an agreement cannot be reached, legal action may be taken in accordance with the agreed place of jurisdiction.

14. Applicable law and place of jurisdiction:

The law of the Netherlands shall apply to all legal relationships between the parties, with the exclusion of the laws on the international purchase of movable goods or services.

The place of jurisdiction shall be Maastricht, the Netherlands.

15. Final provisions:

Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the purpose of the invalid or unenforceable provision in a legally permissible manner.

Amendments or additions to these GTC must be made in writing.

Location: Eijsden/Limburg, Netherlands
Date: 15 August 2024