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Terms and Conditions

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General Terms and Conditions

Afval Ophaal Dienst B.V.

INTRODUCTION

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


CHAPTER 1: GENERAL PROVISIONS

1. Definitions

Acceptance: Checking whether the waste offered corresponds with the agreed conditions. This ultimately takes place at your location.

Waste: All materials that you provide to us for removal.

Collection equipment: All tools and resources we use to collect and transport waste, such as trucks, vans and other equipment.

Customer: The person or company using our services.

Agreement: The arrangement between you and Afval Ophaal Dienst B.V.

We/Us: Afval Ophaal Dienst B.V. or an affiliated company, such as a group company or franchisee, responsible for collecting the waste.


2. Applicability

2.1 These terms and conditions apply to all agreements from the first contact through to the execution of the assignment. They remain in force even after the cooperation has ended. We reserve the right to amend these terms and conditions and will inform you of this in writing.

2.2 Your own terms and conditions, such as purchasing conditions, do not apply to our agreements. Only these terms and conditions are applicable.


3. Formation of the Agreement

3.1 Price quotations provided via the website or by telephone are non-binding and serve as an indication only. No rights can be derived from them. The final price is determined after assessment by the collector on location. Only after approval by both parties does the agreement become final and will the goods be taken away.

3.2 An agreement is formed once you have completed the booking process. You can do this yourself online or through our customer service.

3.3 You may cancel free of charge up until the moment of arrival if, after assessment, it appears that the costs are higher or lower than originally estimated. This is possible at any time.


4. Duration and Termination

4.1 In principle, the agreement concerns one-off assignments, unless agreed otherwise.

4.2 Both parties may terminate the agreement immediately in the event of bankruptcy or serious financial difficulties.

4.3 In the event that you fail to comply with your obligations, we reserve the right to terminate the agreement, taking into account any compensation for damages or the return of the waste.


5. Prices and Payment

5.1 All prices for private customers are in euros and include VAT, unless stated otherwise. For business customers, prices are exclusive of VAT.

5.2 Additional costs, such as the hiring of collection materials, rental of a moving lift, other equipment or waiting times caused by the customer, will be invoiced separately.

5.3 Private customers must pay directly upon completion of the service by debit card or in cash.

5.4 Business customers may pay by debit card, credit card or invoice with a payment term of 30 days and will receive a VAT invoice for their administration.

5.5 In the event of late payment, we charge 1.5% interest per month on the outstanding amount. In addition, all additional costs, such as payment reminders, debt collection and legal costs, will be charged.

5.6 If you are in default, we may immediately claim all outstanding amounts.


6. Changes and Additional Work

6.2 Additional work includes all extra work we carry out beyond our original agreement. This may include:

  • Extra work requested by you that makes our work heavier or more extensive.
  • Extra work that we consider necessary to properly carry out our work or to 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 example due to:

  • Changes in the type of waste.
  • Other methods of collection or processing.
  • New laws or regulations.

6.3 We will inform you of any changes, including any price adjustments resulting from them.


7. Conditions for Our Services

7.1 You are required to provide us with all relevant information, even if this is not explicitly requested.

7.2 We assume that the information you provide about the waste is correct. We accept no liability for problems arising from incorrect information.

7.3 You must ensure that your property and 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 carry out our work.

7.5 We strive to adhere to the agreed times, but these times are not binding. Delays do not entitle you to compensation or exemption from your obligations.

7.6 We reserve the right to determine the manner in which the work is carried out and any phasing thereof.


8. Waste Regulations

8.1 You must accurately inform us about the nature of your waste. If you are 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 information provided about your waste.

8.3 You must present the waste in such a way that spilling, leaking or blowing away is prevented.

8.4 Your waste must never be chemical, radioactive or explosive.

8.5 If we suspect that the waste is incorrect or dangerous, we reserve the right not to take it. Any additional costs resulting from this will be at your expense.

8.6 You are liable for problems resulting from incorrect information about your waste and must indemnify us against claims from third parties.

8.7 Upon request, you must cooperate with the taking of samples of your waste. The costs for this are at your expense, unless the waste corresponds with your statement and a contract is concluded. Once we accept the waste, it becomes our property and responsibility, subject to certain exceptions.


9. Complaints and Disputes

9.1 Notifications regarding alleged shortcomings in the performance or invoicing must be reported to us in writing within 14 days.

9.2 If you submit a complaint after this period, you lose the right to further correction or compensation.

9.3 The obligation to pay remains in effect during the complaint procedure.

9.4 These terms and conditions are governed by Dutch law and disputes will be submitted exclusively to the competent court in Roermond, Limburg.


10. Force Majeure

10.1 If unforeseen circumstances arise that hinder the execution of the work, such as war, strikes, pandemics, natural disasters or government measures, we will postpone the work. If the force majeure situation continues for more than 30 days, we reserve the right to terminate the agreement without you being entitled to compensation.

10.2 In addition to the force majeure situations mentioned above, we reserve the right to unilaterally cancel the agreement, regardless of the reason, if other unforeseen circumstances arise that seriously hinder or make the continuation of the work impossible. This includes, but is not limited to, legal changes, unexpected technical problems, financial instability or other situations beyond our control that negatively affect the execution of the agreement.

10.3 If we decide to cancel the agreement for these reasons, we will inform you as soon as possible. In this case, you are not entitled to compensation unless agreed otherwise. However, we will always try to find a solution in consultation that does justice to both parties.


11. Liability and Damage

11.1 Our liability is limited to the amount covered by our insurance.

11.2 We are not liable for indirect damage, such as loss of profit or missed opportunities, unless there is intent or gross negligence.

11.3 If a processing company refuses your waste, we are not liable for this. Any additional costs for alternative transport or processing will be at your expense.

11.4 We are not liable for damage to roads, buildings, persons, cables or underground pipes, unless such damage is caused by defective equipment or careless actions 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 the applicable regulations, you are fully responsible for any resulting damage and fines.

11.7 You are liable for damage to third parties, our staff or our property resulting from your waste or our work, unless such damage is the 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 towards you as well.


12. Information and Privacy

12.1 We collect and use your personal data solely for the purpose 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 this is necessary for the execution of our services or legally required.

12.4 You have the right to view, correct or have your personal data deleted. Please contact us for this.

12.5 We reserve the right to amend this privacy policy. Any changes will be published on our website.


13. Ownership of Documents

13.1 All documents, drawings and data provided by us remain our property.

13.2 You are not permitted to share this information with third parties without our written permission.


14. Legal Provisions

14.1 Amendments to these terms and conditions can only be agreed in writing.

14.2 If one or more provisions prove to be invalid, the remaining provisions will remain fully in force.

14.3 In the event of invalidity, we will replace the relevant provision with a rule that corresponds as closely as possible to the original intention.

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