General Terms and Conditions of 4R Fo(u)r Recycling GmbH, Industriestr. 20, 26219 Bösel:
The primary business of 4R Fo(u)r Recycling GmbH is the trading of non-hazardous waste
with a focus on plastics at national and international level in B2B relationships.
§ 1 General provisions
For all deliveries and services, the following General Terms and Conditions apply exclusively.
Terms and conditions of 4R Fo(u)r Recycling GmbH.
By placing the order, the contracting party acknowledges that the General Terms and Conditions
of 4R Fo(u)r Recycling GmbH become part of the contract and own terms and conditions of the
contractual partner are not valid, even if they are part of an order confirmation or
other documents have referred to it. Any deviating or conflicting
Conditions of the contractual partner only become part of the contract if 4R Fo(u)r Recycling
GmbH has expressly agreed to the validity.
§ 2 Subject matter of the contract of 4R Fo(u)r Recycling GmbH
4R Fo(u)r Recycling GmbH specializes in the trading of non-hazardous waste on a national
and international level. The subject of the contract are plastics of any kind (e.g. loose,
We specialize in rolls, bales, regrind, granules), metals, AZV, EBS, wood and other raw materials.
Dangerous and contaminated substances are not included in the scope of services.
§ 3 Commissioning and conclusion of contract
1. Orders are only accepted upon written order confirmation from 4R Fo(u)r Recycling GmbH
binding. Changes and additions must be made in writing. Quantity or
Size information is non-binding unless expressly stated as binding.
Approximate values.
2. If the contractual partner does not immediately provide the written order confirmation within the meaning of Section 121
Paragraph 1 sentence 1 of the German Civil Code (BGB), he must accept this against him.
§ 4 Services of 4R Fo(u)r Recycling GmbH
1. 4R Fo(u)r Recycling GmbH is the sole undertaking to assume responsibility for the
Services listed in the order confirmation for the contractual partner.
2. The scope of services may also include the provision of containers/containers of the
specified type, size and number and/or the exchange or emptying as well as the withdrawal
the provided containers at the agreed location and the transport of the recycling materials to
recycling plant.
3. 4R Fo(u)r Recycling GmbH is entitled to engage third parties to fulfil this contract.
serve.
§ 5 Prices and payment conditions
1. In case of doubt, prices are ex works excluding freight, customs, import or
Export duties and packaging plus VAT at the statutory rate. All
Payments must be made in € (EURO) exclusively to 4R Fo(u)r Recycling GmbH.
2. If the order confirmation is notified and the delivery or collection is not
decisive cost factors, especially for materials, energy or personnel, by more than 5%,
each party is entitled to request a price adjustment.
3. 4R Fo(u)r Recycling GmbH is not bound to previous prices for new orders.
4. The accounting was carried out by 4R Fo(u)r Recycling GmbH on the basis of the
The final material weight is generally determined based on
the scales at the recycling center of 4R Fo(u)r Recycling GmbH. If it is a
If it is a drop shipment, the final material weight is determined based on the
Information from the supplier
5. Unless otherwise agreed, the purchase price for deliveries or other services is payable
immediately upon receipt of invoice without any deductions.
6. If the agreed payment date is exceeded, interest will be charged at the statutory
interest rate of 9 percentage points above the respective base interest rate, provided that the 4R Fo(u)r
Recycling GmbH does not incur greater damages (e.g. through the use of bank loans)
proves.
7. The contracting party may only offset or assert a right of retention of payments
if his claim is undisputed or has been legally established.
8. Sustained non-compliance with payment terms or circumstances that give rise to serious doubts
on the creditworthiness of the contractual partner, the 4R Fo(u)r Recycling
GmbH to declare all claims due immediately. Furthermore, 4R Fo(u)r Recycling
GmbH is entitled in this case to demand advance payments for any outstanding deliveries.
and to withdraw from the contract after the expiry of a reasonable period of time without success.
9. Section 13b of the VAT Act applies, as the trade in recycled materials is subject to it.
§ 9 Retention of title
1. The deliveries remain the property of 4R Fo(u)r Recycling GmbH until all of the
4R Fo(u)r Recycling GmbH claims against the contractual partner. In the case of ongoing
Invoice, the reserved title to the deliveries (reserved goods) shall serve as security for
the balance sheet of 4R Fo(u)r Recycling GmbH.
2. As long as ownership has not yet been transferred to the contracting party, the latter has the
The delivered items must be treated with care. 4R Fo(u)r Recycling GmbH must be informed immediately
notify if the delivered items are seized or subject to other interventions by third parties
are exposed to.
3. The contracting party is entitled to resell the reserved goods in the proper
The claims arising from the resale of the
The contractual partner hereby assigns the reserved items to 4R Fo(u)r Recycling GmbH.
The latter accepts the assignment. This assignment applies regardless of whether the items are
or have been resold after processing. The contractual partner remains entitled to collect the
The authority of 4R Fo(u)r Recycling GmbH to
The right to collect the claim itself remains unaffected. 4R Fo(u)r Recycling GmbH will
not collect the claim as long as the contractual partner does not meet his payment obligations
is not in default of payment and in particular no application for the opening of a
insolvency proceedings have been filed or payments have been suspended.
§ 8 Container provision / collection
1. The scope of services may also include the provision of containers
The delivery and collection of the containers is carried out exclusively by 4R Fo(u)r Recycling
GmbH or a third party commissioned by them. 4R Fo(u)r Recycling GmbH retains the right
reserves the right to refuse to provide containers to the contracting party for economic reasons.
In this context, the contracting party is obliged to
to provide truthful information about the expected delivery quantities.
2. After delivery, the contracting party shall be responsible for the condition and the
responsible for the safety of the container and the collected recyclables.
Repair of damage to the container caused by the contractual partner or
Replacement of a lost/stolen container shall be at the expense of the contractual partner.
3. The permits, approvals, etc. required for the use of public transport areas.
must be obtained by the contracting party, unless 4R Fo(u)r Recycling GmbH has
Obligation assumed for a fee. For failure to secure the container or missing
The contractual partner is solely liable for approvals, permits, etc. He has the 4R Fo(u)r
Recycling GmbH from any claims made by third parties.
4. The contracting party guarantees that the containers are filled exclusively with contractually agreed material
For damages and costs incurred by 4R Fo(u)r Recycling GmbH due to the
The contractual partner is liable for any damages resulting from non-compliance with the above loading regulations.
The contractual partner indemnifies 4R Fo(u)r Recycling GmbH from claims for damages by third parties
free in the event of improper handling of the containers or their contents.
5. It is the responsibility of the contracting party to provide a suitable location for the container.
Furthermore, it is the responsibility of the operator to ensure suitable access to the installation site.
Access and installation site must be suitable for driving with the required
Trucks including containers must be suitable. Unpaved access roads and parking areas are only permitted if
suitable if the ground is otherwise prepared for heavy truck traffic
For damage to the vehicle, container, access road and parking areas due to unsuitable
The contractual partner is liable for access roads and parking spaces.
6. The containers provided by 4R Fo(u)r Recycling GmbH may only be used up to your
maximum filling height. Furthermore, the maximum permissible weight must not be exceeded
For costs and damages caused by overloading or improper loading,
the contractual partner is liable.
7. Claims of the contracting party against 4R Fo(u)r Recycling GmbH – regardless of the
Legal grounds – become time-barred one year after their occurrence. This does not apply in the case of
of intent or fraudulent concealment of a defect or insofar as we have provided a guarantee
Furthermore, this limitation period does not apply to claims for damages in
In cases of injury to life, body, health or freedom,
Claims under the Product Liability Act, as well as in the case of grossly negligent breach of duty or
of breach of essential contractual obligations. A change in the burden of proof to the detriment of the
Suppliers are not bound by the above provisions. Our claims for damages due to alteration or deterioration of the container are subject to a limitation period.
contrary to Section 548 of the German Civil Code (BGB) within twelve months.
§ 11 General limitations of liability
1. 4R Fo(u)r Recycling GmbH is liable for damages or reimbursement of expenses only to the extent that it,
its executive employees or vicarious agents are guilty of intent, gross negligence or
Injury to life, body or health is the responsibility of the defendant.
2. The strict liability under the Product Liability Act and
liability for the fulfillment of a guarantee of quality.
3. Liability for the culpable breach of essential contractual obligations remains unaffected;
However, except in the cases of No. 1, liability is limited to the foreseeable,
damages typical for the contract. Essential contractual obligations include
fundamental, elementary obligations arising from the contractual relationship, which are particularly
are relevant to the proper execution or performance of the contract
or significantly affect the relationship of trust existing between the parties,
in particular the fulfilment of delivery obligations and important information obligations.
4. In other cases of delay, the liability of 4R Fo(u)r Recycling GmbH for the
Damages in addition to the performance to a total of 5% and for damages instead of the
Performance (including reimbursement of wasted expenses) to a total of 30% of the value
of delivery. Further claims of the contractual partner are - even after expiry
a deadline set for us to perform - is excluded.
5. The above provisions do not imply a change in the burden of proof to the detriment of the customer.
tied together.
§ 12 Data Protection
1. The contracting party agrees that for the purpose of accounting and
Cash payments collect personal data by presenting identification documents and
in accordance with the provisions of the Federal Data Protection Act (BDSG).
2. 4R Fo(u)r Recycling GmbH uses the contract partner’s inventory data exclusively
to process the respective contract. All data will be processed in compliance with the relevant
provisions of the Federal Data Protection Act.
Personal data is only transferred to third parties within the scope of the
Service partners involved in the contract execution, such as the delivery
commissioned logistics partner and the credit institution responsible for payment matters.
3. By concluding the contract, the contracting party agrees to the collection, processing and
Use of his personal data in accordance with the above information
agreed.
§ 6 Delivery and acceptance obligation
1. Collection is generally carried out from the recycling center, Industriestr. 20, 26219 Bösel.
Delivery by 4R Fo(u)r Recycling GmbH will only take place if the corresponding written
Commissioning. The agreed delivery dates and deadlines are binding.
2. The contracting party is obliged to notify immediately in writing if circumstances occur
or become apparent to him, from which it follows that the agreed dates and deadlines
cannot be complied with.
3. 4R Fo(u)r Recycling GmbH is obliged to make appropriate partial deliveries and to reasonable
Deviations from the order quantities of up to plus/minus 10% are permitted.
4. If the goods are not accepted by the contracting party at the agreed time, the
4R Fo(u)r Recycling GmbH is entitled to set a reasonable acceptance period. After expiry
this period, it is entitled to withdraw from the contract and claim the damages incurred
close.
5. The risk of accidental loss and deterioration of the goods shall pass to the customer at the latest upon
Transfer to the contractual partner. If the contractual partner requests delivery,
the risk of accidental loss and accidental deterioration already passes
Delivery of the goods to the person designated to carry out the shipment (e.g. freight forwarder)
above.
6. For call-off orders without agreement on duration, production sizes and acceptance dates
4R Fo(u)r Recycling GmbH can, at the latest three months after the order confirmation,
binding determination on this matter. If the contracting party does not comply with this request
within three weeks after, 4R Fo(u)r Recycling GmbH is entitled to a two-week
to set a grace period and, after its expiry, to withdraw from the contract and/or to claim damages
to demand.
7. If the contractual partner does not fulfil his acceptance obligations, 4R Fo(u)r Recycling GmbH
entitled to withdraw the delivery item after prior notification of the contractual partner
to be sold privately.
§ 7 Force majeure and other delays
1. Events of force majeure, e.g. mobilization, war, riots, pandemics, entitle the 4R
Fo(u)r Recycling GmbH, the delivery for the duration of the hindrance plus a
reasonable start-up time or to withdraw from the contract due to the part not yet fulfilled
Contract in whole or in part. Force majeure includes strikes, lockouts or
unforeseeable, unavoidable circumstances, e.g. operational disruptions for which we are not responsible, or
Transport delays or interruptions, raw material or energy shortages through no fault of our own,
equal to those who prevent 4R Fo(u)r Recycling GmbH from delivering on time despite reasonable
This also applies if the aforementioned disabilities
during a delay or with a subcontractor.
2. The contracting party may request 4R Fo(u)r Recycling GmbH to do so within two weeks
to declare whether it wishes to withdraw or to terminate its contract within a reasonable grace period.
contractual obligations. If 4R Fo(u)r Recycling GmbH does not declare its intention to do so, the
Contracting party may withdraw from the unfulfilled part of the contract.
3. 4R Fo(u)r Recycling GmbH will notify the contracting party immediately if a
case of force majeure. He must minimize the impact on the contractual partner
to keep.
4. According to the BDSG, the contractual partner has the right to free information about the
stored data and, if applicable, a right to correction, blocking or deletion of this data.
If you have any questions about the collection, processing or use of personal data,
Information, correction, blocking or deletion of data as well as revocation of given
The contractual partner should contact 4R Fo(u)r Recycling GmbH (see above) for consent.
If the stored personal data is incorrect, the data will be transferred to a
The contractual partner will of course correct the information.
has the right to withdraw consent to the storage of personal data at any time
with effect for the future. In case of a corresponding notification, the
personal data stored about the contractual partner will be deleted unless the
The data concerned will be used to fulfil the obligations of the concluded contractual relationship
still required or legal regulations prevent deletion.
§ 13 Confidentiality
1. The contracting party is obliged to disclose all non-obvious commercial and technical
Information or knowledge gained through the business relationship between 4R Fo(u)r
Recycling GmbH and the contractual partner, as a business secret.
2. The contracting party may only after prior consent of 4R Fo(u)r Recycling GmbH with
promote the joint business relationship.
§ 14 Place of jurisdiction, applicable law
1. 4R Fo(u)r Recycling GmbH and the contractual partner agree on the place of jurisdiction
Cloppenburg.
2. Regarding all rights and obligations arising from the contract concluded with us, German
The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
§ 15. Severability Clause
Should one or more provisions of these General Terms and Conditions be invalid
or become invalid, the contracting parties are obliged to agree on provisions for the invalid parts
decisions that come closest to the desired economic result.
(As of September 2022)
4. Any processing or working by the contractual partner shall be deemed to be carried out to the exclusion of
Acquisition of ownership according to § 950 BGB for 4R Fo(u)r Recycling GmbH; this is
according to the ratio of the net invoice value of his goods to the net sales price of the
goods to be processed or treated co-owner of the resulting item, which is
Reserved goods to secure the claims of 4R Fo(u)r Recycling GmbH according to paragraph 1
serves.
5. When processing (combining/mixing) with other materials not belonging to 4R Fo(u)r Recycling GmbH
The provisions of §§ 947, 948 BGB apply to the sale of goods belonging to the contracting party
the consequence that the co-ownership share of 4R Fo(u)r Recycling GmbH in the new item
is now considered to be reserved goods within the meaning of these terms and conditions.
6. If 4R Fo(u)r Recycling GmbH, in accordance with the above provisions, is obliged to
retention of title by taking back the reserved goods, it is entitled to
to sell the goods privately or to have them auctioned. A return of the reserved goods
is made at the proceeds achieved, but not more than the agreed delivery prices.
Further claims for damages, in particular lost profits, remain
reserved.
§ 10 Claims for defects and warranty
1. Complaints about defects must be made immediately in writing. In the case of hidden defects, the complaint must be
In both cases, unless otherwise stated, the limitation period is
agreed, all claims for defects twelve months after transfer of risk.
2. In case of justified complaint of defects, 4R Fo(u)r Recycling GmbH is obliged to provide subsequent performance (at its discretion
repair or replacement). If it does not fulfill this obligation within
within a reasonable period of time or if subsequent performance fails repeatedly, the contractual partner
entitled to reduce the purchase price or to withdraw from the contract. For further
Claims, in particular claims for reimbursement of expenses or damages due to defects
or consequential damages, the limitations of liability according to § 11 apply.
3. In the case of plastic regrind and regranulate, minor impurities and slight
Variations in color tone do not constitute a defect and do not justify complaint.
4. If a product is intended to come into contact with food, the suitability of the
Material for the specific foodstuff must be purchased in advance by the contracting party at his own responsibility.
check.