RIGK GmbH, Wiesbaden
Pursuant to the General Terms and Conditions of Business and Acceptance, Status: 01/07/2019, an Agreement is concluded between the final consumer/waste producer and RIGK GmbH, Wiesbaden (hereinafter "RIGK") on the acceptance of used packaging.
Services by RIGK shall be performed solely on the basis of these General Terms and Conditions of Business and Acceptance, insofar as reference is made hereto by RIGK, even if the General Terms and Conditions of Business and Acceptance have not been expressly agreed upon again. Counter-confirmations by the final consumer/waste producer referring to its own terms of business or supply shall be hereby expressly rejected. Any deviations from the General Terms and Conditions of Business and Acceptance and from any other general terms and conditions of business shall only be valid if confirmed by RIGK in written form.
RIGK shall recover the packaging on behalf of the Filler/Distributor and subject it to recycling as stipulated by the legal regulations of waste law. Packaging containing hazardous products shall be such packaging which, under the terms of Regulation (EC) No. 1272/2008, requires labelling of the dangerous materials and preparations or which, pursuant to the European Convention on the International Carriage of Dangerous Goods by Road (ADR), Schedules A and B, contains dangerous products requiring labelling (hereinafter "hazardous packaging"). Packaging containing non-hazardous products shall be the commercial and industrial packaging listed in Sections 4 and 7 of the German Packaging Ordinance (VerpackV) (from 01/01/2019: Section 15 of the German Packaging Law (VerpackG)).
When accepting the used packaging and on the condition that the final consumer/waste producer fulfils the General Terms and Conditions of Business and Acceptance, RIGK undertakes, towards the final consumer/waste producer, to subject the used packaging to recycling in accordance with the Closed Substance Cycle Act (KrWG) and the subordinate legal rulings. The waste accrued during the sorting and recycling process shall be properly disposed of.
The final consumer undertakes to only deliver packaging which
The final consumer shall undertake to submit a collection instruction using the registration form.
Packaging shall be excluded from acceptance which
RIGK, or the waste disposal company commissioned by it, shall be entitled to refuse acceptance of packaging which does not comply with the General Terms and Conditions of Business and Acceptance, giving due consideration to statutory provisions. Having accepted the packaging, the waste disposal company shall, in the event of imminent danger, initiate substitute proceedings at the expense and risk of the final consumer/waste producer and, if appropriate, advise the relevant authorities.
The risk of the packaging delivered and accepted shall not pass to RIGK until RIGK itself or the disposal company commissioned by RIGK has declared acceptance of the packaging.
The final consumer/waste producer shall assure and warrant that the packaging provided by him is in compliance with the General Terms and Conditions of Business and Acceptance. RIGK shall reserve the right to effect a subsequent examination. The final consumer/waste producer shall be liable to RIGK in accordance with statutory regulations for all direct and indirect damage incurred by RIGK due to a violation of the obligations incumbent on the final consumer/waste producer on the basis of the General Terms and Conditions of Business and Acceptance, most notably due to the violation of the obligation not to deliver any packaging which has not been completely emptied pursuant to paragraph 4 above. If the final consumer/supplier is liable in this respect, it shall release RIGK from any respective claims for compensation for damages raised by third parties, including companies commissioned by RIGK to perform RIGK's contractual obligations, within the scope of its liability.
Written form shall also be maintained in text form pursuant to Section 126b of the German Civil Code (BGB - Bürgerliches Gesetzbuch). These General Terms and Conditions of Business and Acceptance, any further terms and conditions of business referred to and the entire legal relationship between the final consumer/waste producer and RIGK shall be governed by the law of the Federal Republic of Germany. Insofar as the final consumer/waste producer is a business person, the place of jurisdiction shall be Wiesbaden. Should an individual provision in these General Terms and Conditions of Business and Acceptance be or become invalid, this shall not affect the validity of any other provisions or agreements.