General Terms and Conditions


1 Validity of the conditions

Our contractual relationships are based on the following conditions. If our contractual partner is a merchant, and the contractual relations of his trade or business are, these conditions are also the basis for all future to the operations of the commercial enterprise of our contractual partner related contracts, even if these conditions in those contracts not in the sense of § 2 of the law regulating the right the general terms and conditions are included.
Other terms and conditions of our contractual partner shall apply only if they are expressly accepted by us in writing.


2 Shipping

The goods shall be transported at the expense and risk of the purchaser. If exceptionally agreed to free delivery, the goods will still be at the risk of the purchaser. On delivery from the factory, loading there is the date of transferring the risk. Transport insurance is only done on request and expense by the purchaser. For orders below EUR 50, - net value we charge a surcharge of EUR 5, - and packaging costs of EUR 4, -.
Deliveries of custom-made articles are always ex works, even if the contract value exceeds the FOB limit.


3 Complaints

Complaints and objections of obvious defects or obvious short deliveries are only effective if they are reported to us within 8 days after delivery of the goods. Justified shall entitle the exclusion of all other claims, at our option to repair or only to a claim for replacement delivery.
Not excluded for the purposes of the above paragraph are merely claims of the buyer due to lack of assured properties as well as claims for damages by the buyer due grossly negligent breach of contract on our part or willful or grossly negligent breach of a legal representative or agent of us. This also applies to damages resulting from the breach of duty in contract negotiations. Special are non-ex-change.
After failed repair or replacement, the buyer is entitled to demand a price reduction or choose to cancel the contract.


4 Credits

Credits, which are granted out of goodwill, and credits that arise from the current account can only be redeemed in the form of goods. The cash payment of credits is not provided.


5 Terms of payment

Our invoices are due on the 30th Days after date of invoice without deduction.
All payments will be charged to the debtor the oldest claim against the debtor. As far as we've done in partial deliveries, we are entitled to untimely payment, to refuse delivery of the order from the outstanding amounts without being liable for damages to the purchaser. If the buyer with a payment, in whole or in part, in default, are due to the occurrence of default all outstanding claims against the buyer for immediate payment. This applies even if conditional payment checks were accepted for these claims or deferral is granted.
If the buyer stops payment, or is requested of his assets, the opening of the insolvency or bankruptcy proceedings, or enforcement measures against the property of the buyer known, then all claims against the purchaser, regardless of the acceptance of checks or granted deferral due for immediate payment. Off rights of the buyer against our claims is excluded, unless that the right of set-off claim is causative undisputed or legally binding.


6 Retention of title

The goods supplied by us remain our property until full payment of our invoices related to those goods.
If our contractual partner is a merchant, and the contract part of the operation of his business, the goods supplied by us remain our property until full settlement of all our claims, for whatever legal reason, our property, even if the purchase price is paid for a specially designated delivery. When an account is pre-retained property serves as security for our balance claim. The buyer has to store our reserved goods or particularly clearly marked. He may sell our property in the ordinary course of business. A pledge or transfer of ownership of our goods is not permitted.
To preserve the distinctiveness of our deliveries may be disclosed only with your express account.
In the event of the sale and processing of the goods, the buyer already now assigns to us as security for all of our claims his he is entitled to his customers demands in the value of the reserved goods without the need for any further assignment statement. Upon request by the buyer, we are committed to securing release in so far as their value exceeds the claims to be secured.
In the event that the buyer acquires by processing or connecting us to the reserved goods or property ownership, it transfers us to secure our claims now the property or ownership of the newly arisen those things with the simultaneous agreement that the buyer this thing properly preserved for us, in which we acquire joint ownership of the newly created item to a portion resulting from the ratio of the value of the goods supplied by us to the value of produced goods. Kicking about the place of the goods supplied by us claims against third parties, the buyer assigns to us in advance. At our request the purchaser is obligated to prove his claims against third parties individually and to give Nacherwerbern the assignment was made known with the request to pay up to the amount of our demands exclusively to us. We are entitled at any time to notify subsequent purchasers of the assignment and collect the claim itself.
The buyer is not entitled to any other assignment. He is entitled to collect the claims as long as he fulfills his payment obligations towards us. Of seizures and other third-party access, through which our securities or rights are concerned, the buyer has to notify us immediately.


7 Jurisdiction

Jurisdiction for disputes Berlin-Charlottenburg when the parties are merchants who do not belong to in § 4 of the Commercial Code designated trader.
Furthermore jurisdiction Berlin-Charlottenburg when the main trials to be taken to complete parties have transferred their residence or habitual residence outside the scope of this law after the conclusion or her domicile or habitual residence at the time of action is not known.

ZWINGO Waste Management GmbH * Meierottostr. 7 * D-10719 Berlin