General Terms and Conditions of Waste Collection Service B.V.

INTRODUCTION

Welcome to the Afval Ophaal Dienst. These general terms and conditions apply to all services we provide concerning the collection, removal, and processing of waste. By using our services, you agree to these terms.

CHAPTER 1: GENERAL PROVISIONS

Article 1: Definitions

Acceptance: Checking whether the offered waste complies with the agreed conditions. This is ultimately done at your location.
Waste: All materials you give us for removal.
Collection Means: All tools we use to collect and transport waste, such as trucks, vans, and equipment.
Customer: The person or company using our services.
Agreement: The contract between you and Afval Ophaal Dienst B.V.
We/Us: Afval Ophaal Dienst B.V. or a related company, such as a group company or franchisee, responsible for waste collection.

Article 2: Applicability

2.1 These terms apply to all agreements from the first contact until the completion of the service. They remain in effect even after the termination of the collaboration. We reserve the right to amend these terms and will notify you in writing.
2.2 Your own terms (purchase conditions) do not apply to our agreements. Only these terms
apply.

Article 3: Formation of the Agreement

3.1 Price quotations via the website or by phone are non-binding and serve as an indication. No rights can be derived from them. The final price is determined after the collector assesses the waste on-site. The agreement becomes final only after mutual consent.
3.2 An agreement is concluded once you complete the booking process, either online or via our customer service.
3.3 You may cancel free of charge until the moment of arrival if, upon assessment, the costs are higher or lower than originally estimated. This is possible at any time.

Article 4: Duration and Termination

4.1 The agreement generally concerns one-time assignments unless otherwise agreed.
4.2 Both parties may immediately terminate the agreement in case of bankruptcy or severe financial difficulties.
4.3 If you fail to meet your obligations, we reserve the right to terminate the agreement while considering any damages or reclaiming the waste.

Article 5: Prices and Payment

5.1 All prices for private customers are in euros, including VAT, unless stated otherwise. For business customers, prices are exclusive of VAT.
5.2 Additional costs, such as renting collection materials, moving lifts, other tools, or waiting times caused by the customer, will be charged separately.
5.3 Private customers must pay immediately upon execution via debit card or cash.
5.4 Business customers can pay via debit card, credit card, or invoice with a 30-day payment term and will receive a VAT invoice for administration purposes.
5.5 Late payments incur 1.5% interest per month on the outstanding amount. Additionally, all extra costs, such as reminders, collection, and legal fees, will be charged.
5.6 If you default on payment, we may demand immediate payment of all outstanding amounts.

Article 6: Changes and Additional Work

6.2 Additional work includes any extra work performed beyond the original agreement, such as:
- Extra work requested by you that increases the workload.
- Extra work deemed necessary by us to perform our tasks properly or comply with new regulations.
- Extra work resulting from your failure to comply with our agreements.
6.3 We reserve the right to amend our agreements if necessary, for instance, due to:
- Changes in the type of waste.
- Different collection or processing methods.
- New laws or regulations.
6.3 We will notify you of any changes, including any price adjustments.

Article 7: Service Conditions

7.1 You are required to provide us with all relevant information, even if not explicitly requested.
7.2 We assume that the information you provide about the waste is accurate. We accept no aliability for problems arising from incorrect information.
7.3 You must ensure that your premises are safe and suitable for our work and that you comply with all applicable rules and regulations.
7.4 We reserve the right to engage third parties to perform our services.
7.5 We strive to meet agreed times, but they are not binding. Delays do not entitle you to compensation or exemption from obligations.
7.6 We reserve the right to determine the method of execution of the work and any phasing.

Article 8: Waste Regulations

8.1 You must accurately inform us about the nature of your waste. If unsure, you must report this. Any changes to the waste must be communicated to us.
8.2 You are responsible for the accuracy of the provided waste information.
8.3 Waste must be presented in a way that prevents spilling, leaking, or blowing away.
8.4 Your waste must never be chemical, radioactive, or explosive.
8.5 If we suspect that the waste is incorrect or hazardous, we reserve the right to refuse collection. The additional costs will be charged to you.
8.6 You are liable for any issues resulting from incorrect information about your waste and must indemnify us against claims from third parties.
8.7 Upon request, you must cooperate in taking samples of your waste. The costs for this will be at your expense unless the waste matches your description and a contract is concluded. Once we accept the waste, it becomes our property and responsibility, with certain exceptions.

Article 9: Complaints and Disputes

9.1 Complaints about execution or billing must be reported to us in writing within 14 days.
9.2 If you file a complaint after this period, you forfeit the right to correction or compensation.
9.3 Your payment obligation remains during the complaint procedure.
9.4 These terms are governed by Dutch law, and disputes will be submitted exclusively to the competent court in Roermond (Limburg).

Article 10: Force Majeure

10.1 If unforeseen circumstances arise that prevent execution (such as war, strikes, pandemics, natural disasters, or government measures), we will postpone the work. If the force majeure situation lasts longer than 30 days, we reserve the right to terminate the agreement without entitlement to compensation.
10.2 In addition to the aforementioned force majeure situations, we reserve the right to unilaterally cancel the agreement, regardless of the reason, if other unforeseen circumstances arise that severely hinder or make the continuation of the work impossible. This includes, but is not limited to, legal changes, unexpected technical issues, financial instability, or other situations beyond our control that negatively impact the execution of the agreement.
10.3 If we decide to cancel the contract for these reasons, we will inform you as soon as possible. In this case you are not entitled to compensation, unless otherwise agreed. However, we will always try to find a solution through good consultation that does justice to both parties.

Article 11: Liability and Damages

11.1 Our liability is limited to the amount covered by our insurance.
11.2 We are not liable for indirect damages (such as lost profits or missed opportunities) unless due to intent or gross negligence.
11.3 If a processing company refuses your waste, we are not liable. Any additional costs for alternative transport or processing are your responsibility.
11.4 We are not liable for damage to roads, buildings, people, cables, or underground pipes unless caused by defective materials or negligence on our part.
11.5 Damage caused by containers that are not our property is your responsibility.
11.6 If you present waste that does not comply with applicable regulations, you are fully responsible for any resulting damage and fines.
11.7 You are liable for damage to third parties, our personnel, or our property caused by your waste or our work, unless this damage is a direct result of intent or gross negligence on our part.
11.8 If third parties limit their liability towards us, we reserve the right to invoke this limitation against you as well.

Article 12: Information and Privacy

12.1 We collect and use your personal data solely for the purposes for which it was provided, such as processing orders and providing services.
12. 2 We treat your personal data confidentially and take appropriate measures to protect it against unauthorized access, loss, or theft.
12.3 Your personal data will not be shared with third parties unless it is necessary for the execution of our services or required by law.
12.4 You have the right to access, correct, or delete your personal data. Please contact us for this.
12.5 We reserve the right to amend this privacy policy. Any changes will be published on our website.

Article 13: Ownership of Documents

13.1 All documents, drawings, and data provided by us remain our property.
13.2 You may not share this information with third parties without our written consent.

Article 14: Legal Provisions

14.1 Changes to these terms can only be made in writing.
14.2 If any provision is found invalid, the remaining provisions remain unaffected.
14.3 If a provision is invalid, we will replace it with a rule that aligns as closely as possible with the original intent.