RIGK GmbH, Wiesbaden
(RIGK-SYSTEM and RIGK-G-SYSTEM)
I. General Terms and Conditions of Business and Acceptance
Pursuant to the General Terms and Conditions of Business and Acceptance as amended per January 01, 2018, an agreement is entered into between the ﬁ nal 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 Condi-tions 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-conﬁ rmations by the ﬁ nal consumer / waste producer referring to his own general terms of business or supply are hereby expressly rejected. Any deviations from the General Terms and Conditions of Business and Acceptance and from any other general terms of business shall only be valid if expressly conﬁ rmed in text form by RIGK.
2. Subject matter of the agreement, deﬁ nitions of terms
On behalf of the ﬁ llers / distributors, RIGK shall recover the packaging and have this repro-cessed 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 prepara-tions or which, pursuant to the European Convention on the International Carriage of Dan-gerous 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 January 2019, Section 15 VerpackG).
3. Obligations of RIGK
When accepting the used packaging and always provided that the ﬁ nal consumer / waste pro-ducer acts in compliance with the General Terms and Conditions of Business and Acceptan-ce, RIGK is obliged towards the ﬁ nal consumer / waste producer to have the used packaging reprocessed in accordance with the KrWG as well as its subordinate legal rulings. The waste arising during sorting and reprocessing shall be properly disposed of.
4. Obligations of the ﬁ nal consumer / waste producer
The ﬁ nal consumer is obliged only to deliver packaging which
The ﬁnal consumer is obliged to contact the collection point prior to delivery.
5. Refusal to accept
Packaging shall be excluded from acceptance which
6. Rejection of packaging
RIGK or one of its commissioned collection points shall be entitled to reject 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 collection point shall, in the event of imminent danger, initiate substitute proceedings at the expense and risk of the ﬁ nal consumer / waste producer and, if appropriate, advise the authorities responsible.
7. Transfer of risk
The risk of the packaging delivered and accepted shall not pass to RIGK until RIGK itself or the collection point commissioned by RIGK has declared acceptance of the packaging.
8. Warranty and liability of the ﬁ nal consumer / waste producer
The ﬁ nal consumer / waste producer assures and warrants that the packaging delivered by him is in compliance with the General Terms and Conditions of Business and Acceptance. RIGK reserves the right to eﬀ ect a subsequent examination. The ﬁ nal consumer / waste producer shall be liable to RIGK in accordance with statutory regulations for all direct and in-direct damage incurred to RIGK due to a violation of the obligations incumbent upon the ﬁ nal consumer / waste producer on the basis of the General Terms and Conditions of Business and Acceptance, in particular due to a violation of the obligation not to deliver any packaging which has not been completely emptied as stipulated in Article 4 above. If the ﬁ nal consumer / supplier is liable in this respect, he shall release RIGK from any respective claims to com-pensation for damages raised by third parties including corporations commissioned by RIGK to perform RIGK’s contractual obligations, to the extent of his liability.
9. General provisions
The written form is also kept by text form (email, fax etc.) pursuant to Section 126b German Civil Code (BGB – Bürgerliches Gesetzbuch).
These General Terms and Conditions of Business and Acceptance, any other terms and conditions of business referred to and the entire legal relationship existing between the ﬁ nal consumer / waste producer and RIGK shall be governed by, and construed in accordance, with the laws of the Federal Republic of Germany.
Insofar as the ﬁ nal consumer is a registered merchant, the courts of Wiesbaden shall have jurisdiction over any disputes arising hereunder.
If one of the provisions of these General Terms and Conditions of Business and Acceptance has become or becomes invalid, this shall not aﬀ ect the validity of the remaining provisions or agreements.
II. Conditions of acceptance for packaging of non-hazardous products
The following supplementary conditions of acceptance shall apply to packaging containing non-hazardous products:1. Delivery must be documented in writing or in text form. The document must be signed by the ﬁ nal consumer / waste producer.
2. Rigid packaging must be delivered as follows:
3. Films, plastic sheet sacks, FIBC, fabric sacks and combined plastic packaging must be split up into groups and delivered as follows:
* Plastic packaging combined with other materials (e.g. PE / aluminium, PE / PA)
** Explanation of the contents categories of plastic sacks:
Category 1: Inorganic compounds with alkali reaction
Category 2: Inorganic compounds with acidic reaction
Category 3: Inorganic inert compounds
Category 4: Organic compounds which do not react with each other
Category 5: Organic polymer compounds
Category 6: PVC
Category 7: Soot
Category 8: Paint pigments
Category S: Foodstuﬀ s and fodder, peat, earthen products, wood dust etc.
4. Wooden pallets and cardboard boxes/octabins must be delivered separately from the above packaging.
III. Conditions of acceptance for hazardous packaging (RIGK-G-SYSTEM)
The following supplementary conditions of acceptance shall apply to hazardous packaging:
1. The hazardous packaging must be delivered by the ﬁ nal consumer / waste producer in the following described Reprocessing Groups A and B. In case that the last products contained in the packaging are subject to the German GefStoﬀ V, Regulation (EC) No. 1272/2008 as well as to ADR, the classiﬁ cation of the packaging into Reprocessing Groups A to B shall always depend on the highest danger potential. Hazardous packaging that does not fall under the reprocessing groups below cannot be accepted.
Reprocessing Group A (in this group no hazardous materials are to be classiﬁ ed):
Hazardous packaging, which, pursuant to Section 3a, subsection 1 ChemG in conjunction with Section 3 GefStoﬀ V and EU ordinance no. 453 / 2010, requires labelling with the hazard symbols Xi – Irritant, Xn – Harmful, respectively with the GHS codiﬁ cations GHS 07 and 08.
Reprocessing Group B:
Hazardous packaging, which, pursuant to Section 3a, subsection 1 ChemG in conjunction with Section 3 GefStoﬀ V and EU ordinance no. 453 / 2010, requires labelling with the hazard symbols C – Corrosive, F – Highly ﬂ ammable, F+ – Extremely ﬂ ammable, O – Oxidizing,
T – Toxic, T+ – Very toxic or N – Dangerous for the environment, respectively with the GHS codiﬁ cations GHS 02, 03, 05, 06 or GHS 09 or hazardous packaging that has contained dangerous products requiring labelling with the hazard labels of classes 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8 or 9 pursuant to ADR, Schedules A and B.
2. Delivery must be documented in writing or in text form. The document must be signed by the dangerous products / waste agent or by a person commissioned by them from the ﬁ nal consumer / waste producer.
3. The hazardous packaging shall be recovered exclusively in a ﬁ rmly sealed RIGK collection sack to be obtained from RIGK for a fee of € 1.40 / sack, plus postage, delivery costs and VAT.
4. Only packaging of hazardous substances per collection sack which are not subject to a prohibition from packing or loading together as speciﬁ ed in the ADR and which carry no risk of chemical reaction with one another.
5. Rigid packaging must be closed with their original lid.
6. Sack linings for solids / inliners must be delivered in their original cover (only plastic covers).
7. Where hazardous packaging is conveyed in accordance with special regulation 663 ADR Chap. 3.3, the ﬁ nal consumer must ensure that the requirements of this regulation are adhered to before loading.
IV. Acceptance of hazardous packaging made of paper and labelled with “REPASACK”
These conditions of acceptance also apply to the return of hazardous packaging made of paper and labelled with the trademark “REPASACK”.