General Terms and Conditions (GTC)

§ 1  Scope of Application

1. Unless otherwise agreed between the parties (FES as contractor and the client), these GTC apply. Unless otherwise specified in the contract, including these GTC, the statutory provisions apply.

2. The client’s or third parties’ GTC apply only to the extent that the contractor has expressly acknowledged them in writing in each individual case.

3. Changes to these GTC will be communicated by the contractor to the client in text form. They are deemed approved if the client does not object in text form within six weeks of notification. In case of objection, the contractor has a special right of termination pursuant to § 11 paragraph 2.

§ 2  Container / Disposal Services of the Contractor

1. Unless otherwise agreed between the parties, the contractor’s service includes the following:

   • Provision of containers of the type, size, and quantity specified in the contract for the insertion and collection of the materials to be disposed of as specified in the contract; 

   • Proper and legally compliant utilization / disposal of the wastes specified in the contract;

   • Documentation of the legally compliant and properly performed utilization / disposal;

2. If the agreed contractor service is no longer permissible due to amended binding regulations, the contractor performs the disposal according to the amended regulations. Any additional costs incurred are borne by the client. 

§ 3  Obligations of the Client

The client is obliged to:

• create or maintain the prerequisites for the contractor to perform the service legally and properly;

• declare the materials to be disposed of correctly;

• inform the contractor in text form if and to the extent the composition of the materials to be disposed of changes. Upon request, the client must provide a new analysis (e.g., waste analysis including content value and chlorine determination);

• perform all necessary and appropriate cooperation acts, also after the contractor has provided the service (e.g., for proper invoicing, possible reimbursement of subsequently charged VAT with proof);

• confirm the proper performance of the agreed service upon request. If a disposal proof is required, the client must provide it using the forms provided by the contractor or via the electronic waste verification system.

• Provide connections for electricity and water at their own cost.

§ 4  Breach of Duties by the Client

If the client breaches their duties under § 3, the contractor is entitled, without prejudice to further rights and claims, to refuse acceptance of the materials, possibly return them, and/or claim reimbursement of additional costs incurred by proper utilization/disposal.

§ 5  Subcontractors

The contractor is entitled to have contractual services performed by reliable third parties.

§ 6  Ownership Rights

1. All containers, machines, equipment, or other materials provided to the client remain the property of the contractor.

2. If container/disposal services are the subject of the contract, the materials to be disposed of become the property of the contractor upon acceptance. The client remains responsible for the materials to be utilized or disposed of.

§ 7  Prices and Price Adjustments

1. If the contractor is a consumer, agreed prices are gross prices; if the contractor is an entrepreneur, agreed prices are net prices plus VAT to be paid by the contractor.

2. For weight-based services, the weight determined on a calibrated scale of the contractor or a company commissioned by them is decisive. Deviations within commercial tolerances do not entitle the client to reduce the price. If the net weight determined by the contractor is below a minimum, the contractor may set a flat minimum price. Weight slips are valid if they originate from a freely programmable auxiliary device of the calibrated scale. The client may inspect the scale readings used for their delivery at any time.

3. Agreed prices include only the agreed services; special services not agreed but legally required or requested by the client are invoiced separately. The same applies to deviations from agreed service intervals, downtime and waiting times not caused by the contractor, and unsuccessful trips.

4. The contractor’s claim for payment arises immediately after performance of the agreed service unless proof of performance is legally required; in that case, performance of proof is also a prerequisite. If the client requests proof without legal obligation, the contractor may charge the additional effort incurred.

5. In case of cost increases underlying the price calculation, the contractor is entitled to adjust the agreed prices. The contractor communicates the adjustment with an explanation of the cost change and calculation in text form. The client may object within two weeks in text form. If no timely objection is made, the changed prices apply from the 1st of the month following the objection period. In case of timely objection, the contractor has a special termination right according to § 11 paragraph 2. Claims of the client due to exercising the special termination right are excluded.

§ 8  Payment Terms

1. Agreed prices are due ten days after invoicing. In case of delay, statutory default interest applies.

2. If the client is a consumer, the contractor may charge EUR 2.50 from the second reminder onwards; if entrepreneur, EUR 40.00. The client may prove lower damage.

3. If payment by direct debit is agreed, the client grants the contractor a binding direct debit mandate. The period between invoice date (pre-information) and debit date is at least five business days.

§ 9  Liability of the Contractor

1. The contractor is liable only under the following provisions:

2. For intent and gross negligence – regardless of legal grounds – the contractor is liable under statutory provisions for damages.

3. For simple negligence, the contractor is liable only for breach of essential contractual obligations, limited to compensation for foreseeable, typically occurring damage. An essential contractual obligation is one whose fulfillment enables the achievement of the contract purpose and on which the client regularly relies.

4. In cases of simple negligence, the contractor is not liable for lost profits, indirect damages, and consequential damages.

5. The liability limitations of paragraphs 2 and 3 do not apply to damage from injury to life, body, or health, in case of fraudulent concealment, exceptional guarantees, or product liability claims.

6. Where the contractor’s liability is excluded or limited, this also applies to personal liability of representatives and vicarious agents.

§ 10  Liability of the Client

1. The client is liable according to statutory provisions, in particular for the accuracy of the information provided.

2. The client indemnifies the contractor against all claims by third parties based on incorrect information provided by the client. Indemnification includes legal defense costs.

§ 11  Contract Duration and Termination

1. Unless a one-time service is agreed, the contract term is two years unless otherwise agreed. It extends by one year if not terminated three months before the end of the period.

2. If the client objects to GTC or price adjustments, the contractor may terminate the contract with three months’ notice to the end of the month (special termination right).

3. Either party may terminate for good cause without notice. Good cause exists if the client breaches contractual duties and does not remedy within a reasonable period set by the contractor.

4. All terminations must be in text form.

§ 12  Force Majeure

The contractor’s obligations are suspended as long as performance is substantially impeded or impossible due to reasons beyond their control (e.g., force majeure, strikes, lockouts, official orders).

§ 13  Data Protection

Personal data collected under the contract are processed solely for the purpose of performing the contract. Recipients are FES employees requiring the data for service performance and subcontractors, if engaged. Data are not transferred to third countries or international organizations. Responsible: FES Frankfurter Entsorgungs- und Service GmbH, Weidenbornstraße 40, 60389 Frankfurt am Main, Phone: 0800 2008007-70, Fax: 069 20171-1053, E-Mail: vertrieb@fes-frankfurt.de. Data are deleted after the contract and statutory retention periods. More information at www.fes-frankfurt.de/Datenschutz/Kundeninformation.

§ 14  Right of Withdrawal for Consumers

1. If the client is a consumer and concluded the contract at a distance or outside business premises, they have a statutory right of withdrawal.

2. If exercising the right, they bear the usual return costs if goods were delivered.

3. The client may withdraw within 14 days without giving reasons. The period is 14 days from contract conclusion. To exercise, they must notify FES in text form.

4. The client may use the model withdrawal form at www.fes-frankfurt.de/Widerrufsformular, but it is not mandatory. Sending notice within the period is sufficient.

Consequences of Withdrawal

If withdrawn, the contractor refunds all payments, including delivery costs (except additional costs for non-standard delivery), within 14 days. The same payment method must be used unless otherwise agreed. If services have begun at the client’s request, the client pays proportionally for services rendered.

Expiry of Withdrawal Right

The right expires under § 356 para. 4 BGB for work contracts if:

• The contractor has fully performed the work;

• Performance began only after explicit consent of the client;

• The client acknowledges loss of withdrawal right upon full performance.

§ 15  Final Provisions

1. Changes and additions, including these GTC, must be in writing.

2. If a provision is invalid, the remainder remains effective. Parties agree to replace with a lawful provision closest to the economic purpose. Same applies to contractual gaps.

3. If the client is an entrepreneur, the court of jurisdiction for all current and future claims is the contractor’s registered office.

4. The EU Commission provides an online dispute resolution platform (OS platform) at Externer Link zu https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE. The contractor is not obliged to participate in alternative dispute resolution and currently does not.