1. general: All offers, sales and contracts, including the following, are subject to our following terms and conditions. Verbal or telephone agreements, amendments and additions require our written confirmation in order to become effective. In the event of deviating form clauses of the buyer, our terms and conditions shall nevertheless apply without restriction.
2 Offer and conclusion of purchase: Our offers are non-binding, subject to VAT and are subject to our terms and conditions. The buyer alone is responsible for selecting the correct type of material and determining the quantity. Orders placed shall only become legally binding upon our written confirmation or the executed delivery.
3. samples: All material samples are non-binding visual samples that provide an approximate character of the goods.
are intended to illustrate. The samples are not a guarantee for the quality of the goods to be delivered. The color and purity of our grains are subject to fluctuations in mineralogical deposits. The samples are taken from current production and are to be regarded as average samples.
4. delivery and shipment: Delivery is deemed to be a) collection from the factory b) delivery free construction site or c) shipment by ship. Delivery shall be deemed to have been fulfilled in all cases when the material is handed over to the vehicle at the factory and signed for by the driver. The carrier shall be liable for full utilization of the loading weight and for overloading. Events of force majeure (e.g. flooding) and operational disruptions shall release us from compliance with the delivery deadline for the duration of the events or disruptions. We are not obliged to make any further deliveries before payment of invoice amounts due. Delivery deadlines are agreed in writing, by telephone or verbally and are adhered to as far as possible, but are not binding. The carrier shall be liable for damage caused by unloaded goods or by delivering vehicles. In the case of delivery by truck free construction site or shipment by ship, the consignment travels ex works at the buyer's own risk. The carrier is liable for losses and contamination during transportation. Upon delivery to the agreed location, the transport vehicle must be able to reach and leave this location without any risk. This presupposes a sufficiently paved access route that can be used by heavy trucks without hindrance. If this requirement is not met, the buyer shall be liable for all resulting damage regardless of fault. Emptying must be able to be carried out immediately, quickly and without risk to the vehicle. If additional costs are incurred due to poorly passable access routes, changes caused by the buyer or waiting times, these will be charged to the buyer.
5. acceptance and complaints: Only the weights or room dimensions determined in our plants shall be decisive for the calculation. We do not recognize weights or dimensions determined in any other way. It is the responsibility of the recipient to check the delivered material for completeness and usability immediately upon receipt. Complaints must be made in writing within seven days of delivery (receipt by us). They must in any case be made before the material is installed. They can only be considered if we have the opportunity to examine the complaint. Samples shall only be considered as evidence if they have been taken and handled in accordance with the regulations in the presence of a person authorized by us.
6. warranty and liability: We guarantee that our building material (gravel, sand, chippings) complies with the property classes specified in the list of grades in accordance with the regulations specified therein. We only guarantee the suitability of the building material for a specific use if this has been agreed separately in writing. Proof of treatment and processing in accordance with the applicable regulations after the transfer of risk is the responsibility of the buyer.
If the buyer has altered the composition of the delivered building material by adding additives or in any other way or has had it altered, there shall be no claim to warranty unless the buyer proves that the alteration of the building material did not cause the defect.
Claims for damages by the buyer against us, our vicarious agents and assistants, irrespective of the legal grounds, in particular for fault, on the occasion of contract negotiations, default, errors in advice or tort, are excluded unless the damage is caused by intentional or grossly negligent conduct on the part of our executive bodies, a legal representative or a vicarious agent or by the breach of an obligation essential to the performance of the contract.
7 Payment: Our invoices are payable 30 days after the invoice date. If the due date is exceeded, the buyer shall be in default without a reminder and all claims shall automatically become due. In the event of late payment, the law of April 18, 2004 on payment dates and default interest shall apply, according to which statutory default interest at the rate applicable in the Grand Duchy of Luxembourg shall be charged on all claims from the due date until full payment.
8 Prices: The applicable VAT rate will be added to the prices quoted. The prices are linked to the index published by the Statec of Luxembourg on the basis of the sliding wage scale. If a price change occurs during the execution period of an order, the new prices shall apply to the quantities not yet accepted or delivered, unless otherwise agreed.
9 Retention of title: All deliveries of goods are subject to retention of title. We retain title to the delivered goods until receipt of all payments from the business relationship with the buyer.
10. withdrawal: Changes in the buyer's circumstances occurring after conclusion of the contract, e.g. cessation of payment or default in payment, change of company, insolvency, bankruptcy, etc. give us the right to withdraw from the delivery contract immediately.
11. building material monitoring: We reserve the right for our representatives (in-house supervisors) and those of the external supervisor or the road construction authority to enter the supplied construction site at any time during operating hours and to take samples without prior notice.
12. landfill deliveries: For all deliveries of earth and construction waste to our landfills in Luxembourg and France, separate internal guidelines apply, which can be found on our website www.heingroup.lu can be viewed on our website.
13 Place of performance and jurisdiction: The place of performance for deliveries and payments is the Grand Duchy of Luxembourg. The place of jurisdiction is the district of Luxembourg.
The undersigned hereby expressly confirms that he/she has taken note of and expressly accepted the General Terms and Conditions of Sale, Delivery and Payment, as well as the above-mentioned § 8 regarding retention of title.
1 - Application and validity of the present GTC
By "Service" we mean the collection, transportation and treatment of waste and products, any sale of goods (in particular the sale of equipment and materials) and the provision of materials and, in general, all services performed by HEIN Déchets SARL (HEIN) on behalf of the customer. Unless expressly agreed otherwise in writing, our services shall be governed exclusively by these GTC, to the exclusion of the customer's General or Special Terms and Conditions. If HEIN has agreed to deviating terms and conditions in writing, the other General Terms and Conditions that are not in conflict shall remain in force. If the content of the offer conflicts with certain of the following terms and conditions, the latter shall no longer apply. Under no circumstances shall HEIN be deemed to have tacitly accepted deviating terms and conditions.
2 - Connection, duration and end of the contract
The provision of services begins on the day on which the container is placed at the location specified by the customer and ends when the customer places the order to collect the container by telephone, fax or e-mail. Our drivers are not authorized to accept collection orders under any circumstances.
3 - Provision of the material or containers
3.1 - Parking location
The entirety of the material leased and made available to the customer shall remain the exclusive property of HEIN or its beneficiaries. It is inalienable and unseizable. The customer undertakes to provide precise information and make available the location where the material is to be deposited and which must offer sufficient space to enable the maneuvers for depositing and collecting the containers to be carried out without difficulty and where the container can be filled without difficulty. The customer may not change the storage location for the material provided without the written consent of HEIN.
3.2 - Obligations of the customer
The customer further undertakes not to fill the container with waste such as: hot ashes, explosives, flammable, chemical, corrosive, toxic and/or radioactive substances, pharmaceuticals, hydrocarbons, waste oils, grease, batteries, gas cylinders, human and animal excrement, parts of human bodies, parts or carcasses of animals, liquid waste and butcher's waste. The customer also undertakes to keep the container and its surroundings completely clean, to fill the container with a volume corresponding to its capacity, i.e. the permitted weight and distribute it evenly to prevent the container from tipping over or becoming unbalanced, not to pass on, rent or sublet the material, not to place the material elsewhere or have it emptied by a municipal, inter-municipal or other waste disposal company without the written consent of HEIN, and to use the material exclusively for the prescribed waste.
3.3 - Customer's duty of care
Unless the customer makes an express reservation in writing, the material provided shall be deemed to be in good condition. The customer undertakes to maintain it in good condition and to handle it with care. The customer shall take all possible measures to protect the container and its contents from access by third parties or unauthorized persons, failing which the customer shall be fully liable for any resulting damage. The customer is obliged to protect the container and its contents from fire and explosion. In the event of an incident, the customer shall immediately notify the relevant authorities, the fire department and HEIN. The customer shall be liable for all damage resulting from such an incident. HEIN reserves the right to inspect the container itself or have it inspected by a third party at the installation site at any time after giving prior notice to the customer.
3.4 - Parking in public spaces
If the material provided is parked in a public space, the customer shall assume full and sole responsibility for arranging or implementing the necessary measures in accordance with the relevant regulations, permits and safety with the competent authorities such as the local authority or the road and bridge construction authority (Road Traffic Act, third-party access to the material, theft, signage, lighting, road damage, ...), fully discharging HEIN, which cannot be held liable or held liable for any infringement of the law under any circumstances. The customer shall be liable for all damage to property and personal injury resulting from the neglect of its reporting and security obligations.
3.5 - Conditional use of the container
The customer confirms that he has been informed of the reserved use of the material provided and undertakes to comply with these regulations. The material shall be used exclusively for this purpose. The material provided may not be used or utilized in any way by a third party. The customer acknowledges that he is responsible for the supervision of the material supplied to him and shall be solely liable for any loss or damage regardless of the cause, i.e. including accidental damage or in the event of force majeure, for the entire duration of the contract. The customer undertakes to notify HEIN of any loss or damage within 24 hours of the event and to settle the resulting invoice upon receipt. The customer shall be liable for any theft of or damage to the equipment made available to him, even for damage to property, persons or the environment caused by third parties. The customer is liable for all costs resulting from overloading a container, whether by weight or volume. The customer is solely responsible for any damage that may result from a container being placed in an unsuitable location. The container must be accessible at its storage location at the specified times, even if the customer is absent, to enable it to be collected. In the event of non-compliance with one or more obligations by the customer (inappropriate placement of the material, insufficient free space at the installation site, improper filling, physical inaccessibility of the container or inaccessibility at the agreed times, ...), the customer shall be charged the additional costs resulting therefrom in accordance with the applicable tariff conditions, without prejudice to all rights, compensation and interest. HEIN may terminate the contract by registered letter to the customer if the customer carries out unauthorized technical measures on all or part of the rented equipment or if the customer makes the equipment available to third parties, without prejudice to all compensation and interest or any legal action.
4 - Collection of waste and products
Prices shall be determined on the basis (quantity, composition, type, etc.) of the information provided by the customer, who guarantees HEIN that the information provided is accurate and complete. Should it transpire during collection, transportation, storage or treatment of the waste or products that they do not correspond to the information provided, the customer shall indemnify HEIN against all resulting damage. HEIN reserves the right to reject the batch in question, to return it to the customer or to accept it nevertheless, but at a reasonable price for proper and professional disposal. If there is any doubt about the declaration of the type of waste, HEIN reserves the right to take samples for analysis.
The waste or products shall be collected from the agreed location. If hazardous waste and products are not packaged by HEIN, this must be done by the customer in such a way that the packaging is tight and sealed and provides the necessary security that handling by HEIN and transportation can take place without any risk, as regulated by law. In addition, batches of different waste and products must be recorded separately and clearly labeled so that the different quantities can be determined. The waste shall remain the property of the customer until it is disposed of or treated and the customer shall be liable for the risks and hazards of the waste and products until they are treated. The Customer confirms that it is aware of the legal provisions in force concerning the storage, collection, collection, treatment and disposal of waste and products and undertakes to comply with them. The customer further confirms that he is aware of the conditions for the acceptance of waste and products at the treatment centers and undertakes to comply with them. The Customer shall not place in the waste or product containers any products other than those for which they are intended. The Customer shall be liable for non-compliance with the regulations and the prescribed use of the containers. The customer undertakes to place the containers, waste or products to be collected in a suitable location that is easily accessible to HEIN personnel. This location must, among other things, enable the maneuvers and measures necessary for the proper performance of the service. The customer shall fully bear the costs arising from non-compliance with the obligations set out in this paragraph. Under no circumstances may the Customer have the collection or emptying of the containers, waste and/or products carried out by third parties.
If HEIN is involved in the sale of goods (materials or items), HEIN shall remain the owner of the goods sold to the customer until the invoice has been paid in full.
5 - Price
The prices are net prices excluding VAT. The prices are those stated in the offer and/or in the order. Our price offers are only valid for a period of 3 months from the date of the offer. In any case, the rental and emptying prices of the material are linked to the labor cost index. Disposal fees are applied according to the tariff in force at the time of disposal and linked to the designated landfill or collection point. They can be adjusted if the unloading or disposal location is changed.
6 - Payment
Unless expressly agreed otherwise in writing, HEIN's invoices shall be payable net and without deduction within 30 (thirty) days of the invoice date. If the invoice is not disputed within 5 (five) working days of the invoice date, it shall be deemed to have been accepted by the customer. Any delay in payment shall, by operation of law and without notice or notice of default, give rise to the application of default interest calculated at the legal interest rate from the period specified in Articles 3 and 12 of the law of April 18, 2004 on payment periods and default interest. In the event of late payment, a contractual penalty for the additional costs shall be due, which shall amount to a fixed and invariable 10% of the invoice amount, with a minimum of EUR 10, without prejudice to the aforementioned interest. Non-payment by the due date shall entitle HEIN to suspend performance and/or removal. Any partial payment by the customer shall first be set off against the interest, and any balance against the principal liability. If the delay in payment persists 5 days after a notice of default, HEIN may suspend performance of the contract due to the customer's fault. The contents of the container shall remain the property of the Customer until the invoice has been paid in full. Non-payment of the invoice on the due date shall result in the possible return of the container contents to the customer. In the event of late payment or doubt as to the solvency of the customer, HEIN reserves the right to demand immediate payment of all outstanding invoices. In this case, all further services shall only be provided against advance payment. Cash payment is required for services under EUR 40.00. In the event of non-payment of the invoice in the month following delivery of a notice of default, the contract shall be terminated by operation of law without additional notice of default. In both cases, despite HEIN's decision, its rights to collect the debt, compensation and interest shall remain unaffected.
7 - Subcontracting
HEIN reserves the right to subcontract the contract in whole or in part.
8 - Liability and warranty
To be valid, all notices of defects and complaints must be notified to HEIN within 5 working days of the performance of the agreed work giving rise to the complaint, or from the date on which the customer became aware of the facts. Notices of defects and complaints must be addressed directly to our office in writing. Notices of defects or complaints made verbally to our staff shall not be accepted. HEIN shall only be liable for damage caused directly by HEIN and in no case for indirect damage, such as operating losses, financial costs or loss of profit. The customer shall indemnify and hold HEIN harmless against damages and claims of all persons, including the customer's employees, who suffer detriment in the performance of the contract, except in the case of serious fault on the part of HEIN in causal connection with the damage.
9 - Processing of personal data
The information and personal data provided by the buyer and the seller will be used in strict compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data. The information collected is intended to enable the execution of pre-contractual and contractual measures. Each party has a right of access to the data concerning them and a right to rectification of this data.
10 - Applicable law and place of jurisdiction
For the performance of the contract under the General Terms and Conditions, the parties choose Luxembourg as the place of performance. The contractual relationship between HEIN and the Customer shall be governed by Luxembourg law. All complaints and all possible disputes which have arisen or may arise between HEIN and the customer under the contract subject to these General Terms and Conditions shall fall within the exclusive jurisdiction of the courts of Luxembourg City, although HEIN shall be entitled to bring actions against the customer before any other competent court.
This document is a translation from French into German. In the event of any discrepancy between the German and French versions of the General Terms and Conditions, the French version shall prevail.
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