Condiciones generales de contratación y aceptación
RIGK GmbH, Wiesbaden
(RIGK-SYSTEM and RIGK-G-SYSTEM)
1. Scope of application and validity of GTCs
1.1 These GTCs shall apply to all business relationships between RIGK and the Client as well as to the initiation, conclusion and performance of Agreements. These GTCs apply to all services provided by RIGK to the Client and the end user / waste producer. The version of these GTCs applicable at the time the Agreement is entered into shall be deemed controlling.
1.2 The services of RIGK are provided exclusively on the basis of these GTCs to the extent that RIGK refers to them, even if the parties do not again expressly agree to them, i.e. these GTCs shall in particular also apply to future transactions. Any counter-confirmations of the end user / waste producer referring to their own terms and conditions of business or delivery are deemed to be objected to. Conflicting general terms and conditions of the Client shall not become part of the Agreement even if they are included in the offer or acceptance and their validity is not separately objected to in individual cases. Deviations from and amendments to RIGK's GTCs and any other terms and conditions shall only be effective if RIGK acknowledges them in writing. RIGK’s non-contingent provision of the services with knowledge of conflicting or deviating terms and conditions of the Client shall not affect the exclusive and overriding validity of RIGK’s GTCs.
1.3 If the terms in different documents contradict each other, such terms shall apply in the following order:
1.3.1 Terms in the take-back system participation agreement and the trademark user agreement;
1.3.2 these GTCs;
1.3.3 Specifications of services in connection with the offer together with prices;
1.3.4 provisions of applicable law.
2. Formation of Agreement
2.1 Unless otherwise agreed between the parties, RIGK's quotations shall be subject to change without notice with regard to all data indicated, including the remuneration.
2.2 Oral agreements must be confirmed in writing by RIGK in order to be effective. Collateral agreements or other agreements made before, during or after conclusion of the Agreement must be made in writing to be effective. This also applies to any waiver of the written form requirement.
2.3 The presentation of RIGK's services on the Internet and in brochures, catalogues and leaflets is provided for information purposes only. Such presentations do not constitute a binding offer by RIGK.
3. Subject matter of the Agreement
3. The subject matter of RIGK's services, in particular the take-back system participation agreement, is exclusively non-system-liable packaging within the meaning of Para. 15 (1) sentence 1 nos. 1-5 Packaging Act (VerpackG), namely:
3.1.1 Transport packaging within the meaning of Para. 3 (1) sentence 1 no. 3 Packaging Act (Para. 15 (1) sentence 1 no. 1 Packaging Act),
3.1.2 Sales and secondary packaging that does not typically accumulate as waste with private end consumers after use (Para. 15 (1) sentence 1 no. 2 Packaging Act),
3.1.3 Sales and secondary packaging for which system participation is not possible due to system incompatibility pursuant to Para. 7 (5) Packaging Act (Para. 15 (1) sentence 1 no. 3 Packaging Act),
3.1.4 Sales packaging of filling materials that contain pollutants within the meaning of Para. 3 (7) in conjunction with Annex 2 Packaging Act (Para. 15 (1) sentence 1 no. 4 Packaging Act) and
3.1.5 Reusable packaging within the meaning of Para. 3 (3) Packaging Act (Para. 15 (1) sentence 1 no. 5 Packaging Act).
3.2 The Client warrants that the packaging delivered under the Agreement concluded with it complies with the GTCs and the acceptance conditions in the take-back system participation agreement.
3.3 The service obligations assumed by RIGK in each case shall not release the Client from its responsibility under public law for the packaging to be recycled or from other obligations under public law applicable to it.
3.4 RIGK shall be entitled to use third parties to perform the Agreement.
4. Remuneration
4.1 Unless expressly agreed otherwise in writing, all remuneration terms refer to the Euro currency.
4.2 All prices quoted by RIGK are net prices and are subject to the applicable statutory value added tax.
4.3 The Client may only exercise a right of set-off against RIGK's claims on the basis of undisputed claims acknowledged by RIGK or claims adjudicated by res judicata judgment.
5. Warranty for defects
5.1 The Client shall be obliged to carefully inspect deliveries for defects within two weeks of the provision of the service or partial service and to notify RIGK of any defects immediately in writing, in detail and in a comprehensible manner.
5.2 No defect in RIGK's services is present if this is based on a defect arising in the sphere of the Client, in particular in the data and information provided by the Client.
5.3 Claims and rights against RIGK for defects shall become time-barred within one year of the time the goods / services were rendered.
6. Liability
6.1 RIGK and its vicarious agents shall only be liable for property damage and financial losses caused by negligence in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the Agreement and on the observance of which the Client regularly relies and may rely.
6.2 In the event of damage to property or financial losses due to a negligent breach of a material contractual obligation, RIGK's liability is limited to damage which was foreseeable at the time of contracting and which typically arises in the case of services of the type in question.
6.3 RIGK shall not be liable for indirect or consequential losses, lost profits or loss of production.
6.4 The aforementioned limitations of liability shall also apply in favour of RIGK's employees and agents.
6.5 The above limitations of liability do not apply to cases of intent, gross negligence, liability under the Product Liability Act and for personal injury or for cases in which the law mandatorily provides for unlimited liability.
6.6 Claims for damages against RIGK, irrespective of their legal basis, shall become time-barred within one year of the commencement of the statutory limitations period.
6.7 The liability of the Client is determined in accordance with the statutory provisions.
7. Final provisions
7.1 Amendments and addenda to the Agreement must be made in writing. This also applies to the waiver of the written form requirement.
7.2. The place of performance for all claims arising from the agreements is Wiesbaden.
7.3 Should individual terms be or become invalid, the invalid term shall be replaced by a valid term that comes as close as possible to the commercial purpose of the term to be replaced, or alternatively by the applicable statutory provision; the remaining terms hereof shall continue to apply. The same applies in the event of a gap.
7.4 Jurisdiction for all disputes arising from or in connection with the Agreement lies – to the extent permitted by law - with the courts of Wiesbaden.
7.5 All disputes arising from or in connection with the Agreement are subject to the laws of the Federal Republic of Germany. The language of the Agreement is German.
