General business terms and conditions RIGK-PICKUP-SYSTEM

General business terms and conditions RIGK-PICKUP

RIGK GmbH, Wiesbaden
(RIGK-PICKUP-SYSTEM)

I. Terms and Conditions of Business

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.

1. Validity of the General Terms and Conditions of Business and Acceptance

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.

2. Subject matter of the agreement, definitions of terms

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)).

3. Obligations of RIGK

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.

4. Obligations of the final consumer/waste producer

The final consumer undertakes to only deliver packaging which

has been fully emptied, i.e. packaging containing liquid products must be "drip-free", packaging of solids "trickle-free" and packaging of viscous, paste-like, adhesive or similar materials, "spatula-clean". Moreover, the packaging may not contain any residues which could be released. Appropriate measures must be taken to eliminate potential hazards and no dangerous residual material may adhere to the outside of the packaging,
is labelled with the RIGK trademark or with the trademark users company´s logo,
has a readable product label indicating the original content,
is free of foreign substances which are not part of the packaging, e.g. paper, cardboard, wood, adhesive tape, foreign plastics, metals, etc.,
unrinsed hazardous packaging must be sealed with the original closure,
if the hazardous packaging is rinsed, the GHS symbols must be blackened or removed,
rinsed hazardous containers and non-hazardous containers have to be open and the lid must be dispensed separately.

The final consumer shall undertake to submit a collection instruction using the registration form.

5. Acceptance exemptions

Packaging shall be excluded from acceptance which

falls under the class of explosive substances/mixtures or products or products with explosive substances subject to Regulation (EC) No. 1272/2008,
was filled with gases, explosive, radioactive and infectious materials (ADR classes 1, 2, 6.2 and 7),
is subject to special disposal in accordance with other legal regulations,
due to its quality and/or lack of drainability, recycling the material considerably hinders or disturbs on technical or economic grounds, has characteristics disturbing or considerably complicating the material recycling process for technical or economic reasons and/or due to the inability to completely empty the residual contents of the containers,
does not comply with the General Terms and Conditions of Business and Acceptance,
has contained products other than the contents intended for transport, storage and consumption by the Filler/Distributor,
was filled with the following, or similar, products common in commercial agriculture, such as pesticides, liquid fertilisers, stock preservatives, growth regulators, spray cleaners or spray auxiliaries.

6. Refusal of packaging

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.

7. Transfer of risk

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.

8. Warranty and liability of the final consumer/waste producer

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.

9. General provisions

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.