§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between Schrott Transport (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”), in particular for the commercial collection, transport and handover of scrap metal, non-ferrous metals and end-of-life vehicles.
(2) Any differing or conflicting terms and conditions of the customer shall not be recognized unless the supplier has expressly agreed to their validity in writing.
§ 2 Conclusion of Contract
(1) Offers from the provider are subject to change and are non-binding.
(2) The contract shall only come into effect if:
- the express confirmation of a collection request by the provider in text form (e.g. by email or in writing) or
- the actual collection and acceptance of the material by the supplier.
§ 3 Services and scope of services (pure collection and transport activity)
(1) The provider undertakes exclusively the commercial collection and transport of scrap metal, non-ferrous metals and end-of-life vehicles.
(2) The supplier does not operate its own recycling plant, scrap metal processing plant, or scrap yard. The processing, shredding, or melting of the collected material is not carried out by the supplier, but exclusively by transferring it to authorized, certified third-party waste disposal and recycling companies.
(3) The supplier will conduct a detailed assessment of the materials on site. The decision to accept the offered materials rests solely with the supplier.
(4) End-of-life vehicles are collected in accordance with the End-of-Life Vehicle Ordinance (AltfahrzeugV). The provider then hands over the end-of-life vehicles to authorized recycling facilities and, upon request, provides the legally required certificate of disposal.
(5) The customer has no right to demand an offer or to purchase.
§ 4 Customer's Obligations / Obligations to Cooperate
(1) The customer must describe the materials to be collected fully and truthfully.
(2) By handing over the material, the customer confirms that it consists exclusively of conventional scrap metal (e.g. iron, steel, aluminium, copper, brass, non-ferrous metals) or end-of-life vehicles.
(3) The customer expressly confirms that the material handed over does not contain any electronic devices, electronic waste or waste electrical and electronic equipment within the meaning of the German Electrical and Electronic Equipment Act (ElektroG).
(4) For old vehicles, all keys, vehicle registration certificate and vehicle title as well as other relevant documents must be presented upon handover.
(5) By handing over the material, the customer confirms that he is the owner of the material or is entitled to dispose of it.
§ 5 Excluded materials (especially electronic waste)
(1) The following are excluded from acceptance in particular:
- Electronic devices, e-waste, waste electrical and electronic equipment, screens, monitors, cooling devices, cables, circuit boards and other electronic components of any kind,
- Hazardous materials, special waste and chemical waste,
- Asbestos and asbestos-containing materials
- radioactive substances and ionizing radiation,
- explosive substances, explosive devices and hollow bodies suspected of being explosive,
- closed pressure vessels and gas cylinders,
- Lithium-containing batteries and similar energy storage devices,
- Oils, fats and other liquid waste,
- other waste materials that are legally excluded or cannot be recycled.
(2) If the supplier discovers during collection that excluded materials (in particular electronic waste) have been handed over, they are entitled to refuse acceptance entirely or to dispose of the materials at the customer's expense. In this case, there is no entitlement to collection or payment.
§ 6 Prices, Payment and Remuneration (Purchase, Free Collection and Paid Disposal)
(1) The financial terms will be individually and bindingly agreed between the supplier and the customer before collection. Only the following three contract types apply:
(2) Contract type A – Purchase (supplier pays to customer)
Provided the delivered material has a positive market value, the supplier will pay the customer a purchase price. The price depends on the type, weight, quality, and the current daily market price for the respective scrap metal. Payment is made after acceptance of the material and issuance of an invoice, unless immediate cash payment has been agreed upon on site.
(3) Contract type B – Free collection (no payment flow)
If the material handed over has little or no market value (e.g. mixed construction scrap, slightly contaminated scrap metal), collection and transport will be arranged. free of chargeNeither the customer owes the provider a fee, nor does the provider owe the customer a purchase price.
(4) Contract type C – Disposal subject to charges (customer pays to provider)
(4) Contract type C – Disposal subject to charges (customer pays to provider) If the material being handed over is difficult to transport or if the supplier incurs costs (e.g. for shredding, decontamination or recycling certificates) when handing it over to external recycling companies insbesondere bei Altfahrzeugen (Schrottautos) –, ist der Kunde zur Zahlung eines vorab vereinbarten Entgeltes verpflichtet. Die Höhe dieses Entgeltes wird vor der Abholung verbindlich festgelegt.
(5) All prices and charges quoted are gross prices including statutory VAT, unless otherwise stated.
(6) Unless otherwise agreed, invoices from the supplier are payable immediately upon receipt and without deduction. In the event of late payment, the supplier reserves the right to charge default interest at the statutory rate.
§ 7 Transfer of Ownership and Transfer of Risk
(1) Ownership of the collected material passes to the supplier upon acceptance.
(2) The risk of accidental loss or accidental deterioration of the material passes to the supplier upon delivery.
§ 8 Warranty
(1) The supplier assumes no liability for the quality or usability of the material received, unless expressly agreed otherwise.
(2) A guarantee on grade or alloy purity is excluded.
§ 9 Liability
1) The provider is liable for damages only in cases of intent or gross negligence.
(2) Liability for slight negligence is excluded to the extent permitted by law.
(3) The statutory liability provisions for damages to life, body or health and under the Product Liability Act remain unaffected.
(4) The customer shall be fully liable for any damage caused by improper preparation or unsuitable materials (especially electronic waste) on the part of the customer.
§ 10 Data Protection
(1) Personal data will be processed exclusively in accordance with the applicable data protection regulations (in particular the GDPR).
(2) Disclosure to third parties will only occur to the extent necessary for the performance of the contract or where there are legal obligations.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance for all services is the provider's headquarters in Bochum, unless otherwise agreed.
(3) The place of jurisdiction for all disputes arising from this contract is the registered office of the provider in Bochum, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
(4) Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision that most closely approximates the economic purpose of the invalid provision.
(5) Amendments and additions to this Agreement must be in writing to be effective.