1. Scope of application: These General Terms and Conditions govern the relationship between Key2Waste F. Bender Unternehmensberatung, Aachen, (hereinafter referred to as the ‘Service Provider’) and its customers in the context of notification services for the transboundary shipment of hazardous waste in accordance with the Basel Convention and EU Regulation 1019/2006 as well as supplementary regulations (e.g. Regulation (EU) 2024/1252).

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. The cancellation fees are based on the down payments or payments on account already made. This takes into account the time-sensitive nature of our services and the fact that booked service times cannot be compensated by replacement orders at short notice.   

5. Type of contract: The services of the service provider are provided within the framework of a service contract (German: “Dienstvertrag”).

6. Scope of services: The service provider focuses on administrative notification services, which include in particular the preparation and processing of notification documents and contacts with the companies and authorities involved. These services end with the review and confirmation of the correct granting of authorisation. The organisational tasks, implementation and direct contact with the authorities in the context of the physical transport of waste remain with the client or the waste disposal company.

The service provider does not provide advice on the classification of waste or comparable tasks, as this requires specialised (waste) legal knowledge. On request, the service provider will provide contact details for suitable law firms. Beyond this, no advice is offered on (waste) legal, tax or financial aspects. Customers are advised to contact appropriately specialised experts in these matters.

7. Terms of payment: Amounts up to EUR 2,000 (net) are payable in advance. Amounts over EUR 2,000 (net) are due half in advance and before the documents are sent to the client or the authority(ies). The terms of payment must be strictly adhered to in order to ensure the smooth provision of services.

8. Intellectual property: The service provider uses special software and/or NCLC solutions as well as its own methodological 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.

10. Confidentiality: Both parties undertake to maintain secrecy about confidential information that they receive in the context of the contractual relationship.

11. Disclaimer: The service provider carries out all work to the best of its knowledge and belief and on the basis of more than ten years of professional experience. However, no liability can be accepted for the legal accuracy of the notification services performed. For legally sound statements on waste law issues, the contractor recommends consulting a lawyer specialising in environmental 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.

13. Conflict resolution mechanisms: In the event of a dispute, the parties first endeavour 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 Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods or services. The place of jurisdiction shall be Aachen/NRW, Federal Republic of Germany.

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: Aachen/NRW, Germany

Date: 9 Juny 2024