§ 1 Validity of the terms and conditions
(1)These General Terms and Conditions shall apply to all business relations of AST Recycling & Rekonditionierung GmbH hereinafter referred to as
AST RR with its business customers as purchasers or clients (hereinafter collectively also referred to as
"Contractual Partner") insofar as these are entrepreneurs within the meaning of § 14 BGB (German Civil Code), a legal entity under public law or a special
or a special fund under public law.
(2)The GTC shall apply in particular to contracts for the sale and delivery of movable items
(hereinafter referred to as "Goods"), irrespective of whether the Goods have been manufactured by AST RR itself, are reconditioned
reconditioned or purchased from suppliers (§§ 433, 651 BGB). For all contracts,
which have as their object the taking back of used industrial packaging (e.g. for contract cleaning)
the return conditions for the acceptance of used industrial packaging of AST RR.
industrial packaging of AST RR.
(3)The GTC and the take-back conditions apply in their respective version as a framework agreement also for
future contracts for the sale and/or delivery of goods or the reconditioning of used industrial packaging with the same contractual partner.
packaging with the same contractual partner, without us having to refer to them again in each individual case.
need to do so.
(4)These GTC and the return conditions shall apply exclusively. Contradictory conditions or conditions of the
deviating from these terms and conditions shall only apply if and to the extent they have been
have been expressly accepted by AST RR in writing. This applies in any case, for example also if the contracting party
in his offer or in his confirmation of order to his general terms and conditions or to AST RR's
or AST RR executes the order without reservation in knowledge of his general terms and conditions.
unconditionally. A counter-confirmation of the contracting party with reference to its terms and conditions is
terms and conditions is hereby expressly rejected.
(5)If deviations from these General Terms and Conditions or the Conditions of Return are to be agreed upon, they must be in text form.
also for legally relevant declarations and notifications to be made by the contracting party to AST RR after conclusion of the contract.
contracting party to AST RR after conclusion of the contract (e.g. for setting deadlines, notices of defects, declaration of
withdrawal or reduction).
(6)In all other respects, the statutory provisions shall apply, unless they are expressly modified or
conditions of return are not expressly modified or excluded.
§ 2 Offers
(1)The offers of AST RR are subject to change and non-binding.
(2)Orders and declarations of acceptance require confirmation by AST RR in text form to become effective.
text form. The same applies to supplements, amendments or collateral agreements. AST RR can also accept an offer
also accept an offer by delivery of the goods.
(3)Any information on previous filling goods in case of used packaging (reconditioned or uncleaned) are in any case non-binding.
non-binding in any case.
(4)The information on quantity, contents and size are approximate measurements; deviations of up to 5 % upwards or downwards
(5)In the case of purchase by sample or specimen, the properties of the sample shall only represent non-binding illustrative pieces
which are intended to indicate the approximate character and type of the goods.
§ 3 Transfer of risk, shipment
(1)Shipment shall be effected ex warehouse or respective loading station, which shall also be the place of performance; in the case of wagonloads free
wagon. AST RR is free to determine the mode of shipment, unless otherwise agreed.
(2)The risk of accidental loss and accidental deterioration as well as the risk of delay shall pass from AST RR upon delivery of the goods.
the goods are handed over by AST RR to the carrier, forwarder or collector to the contracting party.
the contracting party.
(3)If AST RR transports the goods itself or has them transported on its behalf, the risk passes to the contracting party upon delivery of the goods at the destination of the contracting party.
delivery of the goods at the destination of the carrier commissioned by AST RR.
(4)If the contracting party is in default of acceptance, fails to cooperate or if the delivery is delayed for other reasons
delivery for other reasons for which the contracting party is responsible, AST RR is entitled to claim compensation for the
compensation for damages including additional expenses (e.g. storage costs).
§ 4 Payment, Default
(1)Unless otherwise agreed, the invoices of AST RR are payable 14 days after invoicing without deduction.
without deduction. Thereafter, the contracting party is in default and AST RR is entitled to charge the statutory interest on arrears.
interest on arrears. AST RR reserves the right to claim further damages.
(2)AST RR is entitled to credit payments of the contracting party first against his old debts. If
costs and interest have already been incurred, AST RR is entitled to credit payments first against costs, then against interest
then to interest and finally to the main service.
(3)A payment is only considered as made when AST RR can dispose of the amount. In case of cheques
the payment is deemed to have been made only when the check has been cashed.
(4)If the contracting party does not comply with its payment obligations, in particular if a cheque is
is not honored or payments are stopped or if AST RR becomes aware of circumstances
the creditworthiness of the contracting party is seriously in doubt, AST RR is entitled to call due the entire remaining
the entire remaining debt, even if performance in lieu of performance has already been accepted.
In this case, AST RR may optionally demand advance payments or appropriate securities.
(5)AST RR is entitled to withdraw from the contract if the contracting party is in arrears with a due payment from current or previous
current or previous business transactions in whole or in part.
(6) The contracting party is entitled to set-off or retention only with undisputed or legally established counterclaims.
legally established counterclaims.
§ 5 Time of delivery and performance
(1)The dates and deadlines stated by AST RR are not binding, unless otherwise agreed in writing.
agreed upon in writing.
(2)If AST RR is unable to meet binding delivery dates for factually justified reasons for which AST RR is not responsible, AST RR shall inform the contracting party thereof.
AST RR is not responsible for, AST RR will inform the other party without delay and at the same time
at the same time the expected new delivery time. If the service is not available within the new delivery period, AST RR is entitled to
delivery period, AST RR is entitled to withdraw from the contract in whole or in part.
already rendered by the purchaser is to be refunded immediately. An objectively justified reason is in particular
AST RR's suppliers do not deliver on time, if a congruent covering transaction has been concluded, neither
neither AST RR nor the supplier is at fault or AST RR is not obliged to procure otherwise in the individual case.
is not obliged to procure otherwise.
(3)The occurrence of a delay in delivery shall be determined according to the statutory provisions. In any case, however, a reminder by the
reminder by the contracting party is required. In the event of a delay in delivery, the contractual partner may claim
demand lump-sum compensation for the damage caused by the delay. The lump-sum compensation amounts to for each completed
calendar week of the delay, however, not exceeding a total of 5% of the delivery value of the delayed goods.
delivery value of the goods delivered late or of the order volume of the reconditioned goods. The proof
AST RR reserves the right to prove a lower damage than the previous lump sum.
(4)AST RR is entitled to partial deliveries and partial services at any time.
(5)The rights of the contracting party according to §8 of these GT&C and the legal rights in this respect shall remain
remain unaffected by the previous provisions.
§ 6 Warranty
(1)The warranty by AST RR is excluded in the following cases, unless AST RR has given
has given express assurances in text form:
- For uncleaned or used packaging materials that have not already been reconditioned.
- For leak tightness of the packaging, resulting losses or contamination of filling material as well as possible consequential damages.
consequential damage resulting therefrom
- For damage caused by improper storage by the contractual partner or for changes caused by weather conditions (e.g. warping).
changes due to weather conditions (e.g. warping of plastic packaging)
- For the compatibility (suitability) of the delivered goods for certain transport and storage stresses
as well as for certain filling goods; even if they have been cleaned and reconditioned by AST RR beforehand.
(2)Unless otherwise stipulated below, the statutory provisions shall apply to the contractual partner's
legal regulations apply to the claims of the contractual partner for defects in quality and title. The basis for the liability for defects are the
agreements on quality. Product descriptions of the manufacturer which have been handed over to the contractual
or included in the contract shall be deemed to be such. In the absence of an agreement on quality, the
statutory provisions on the determination of defects shall apply. For public statements of the manufacturer or third parties for
AST RR is not liable for public statements of the manufacturer or third parties.
(3)The claims for defects of the contracting party presuppose that he has fulfilled his legal obligations to examine the goods and to give notice of defects.
and notification of defects. In case of inspection or defects occurring later, a notification in text form must be made immediately.
a notification in text form. The complaint shall be accompanied by a damage report containing the necessary information,
in particular about the type of filling material and the time of filling. A complaint shall be deemed to be
notification is deemed to have been made without delay if it is made within two weeks.
notification is sufficient. These obligations shall also apply to obvious defects (including wrong and short delivery).
(4)If defects are notified in due time, the contracting party shall have the choice of remedying the defect by
rectification of the defect or to demand a replacement delivery. If he makes use of this right of choice even after expiry of a
AST RR to exercise this right, the right of choice is transferred to AST RR.
AST RR. AST RR is entitled to make the owed subsequent performance dependent on the payment of the due purchase price.
due purchase price. The contracting party is then entitled to make a reasonable deduction in relation to the defect.
in relation to the defect.
(5)The contracting party has to give AST RR the necessary time and opportunity to remedy the defect.
opportunity. Goods subject to complaint may be returned only with the consent of AST RR, unless AST RR does not
unless AST RR has not responded to the notice of defects within 10 days.
(6)Until the complaint has been settled, the defective goods may not be removed or changed in any way without the consent of AST RR.
changed in any way without the consent of AST RR. The buyer is obliged to carefully store the defective goods
goods, to keep them available for inspection and to provide AST RR with a sample upon request.
(7)The expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, shall be borne by AST RR,
travel, labor and material costs, shall be borne by AST RR if a defect is actually present. If a notice of
If a notice of defect turns out to be unjustified, AST RR may claim compensation for the costs incurred.
(8)The contracting party may withdraw from the contract or reduce the purchase price in the case of a purchase, if the
if the supplementary performance has failed or if a set time limit has expired unsuccessfully or is dispensable according to legal regulations.
is dispensable. The right of withdrawal shall not apply in the case of insignificant defects. Defects are considered insignificant if
not more than 3% of the packaging delivered by AST RR are afflicted with such defects.
(9)Only our contractual partners are entitled to warranty rights. They are not assignable.
Claims for damages exist only in accordance with §9 and are otherwise excluded.
§ 7 Claims for damages
(1)In the event of a breach of contractual and non-contractual obligations, AST RR is liable in accordance with the statutory provisions.
with the following restrictions:
(2)Irrespective of its basis, AST RR is liable for damages only in case of intentional or grossly negligent breach of duty.
negligent breach of duty. In case of simple negligence, AST RR is only liable - for damages resulting from injury to life, body or health
for damages resulting from injury to life, body or health - for damages resulting from the violation of essential contractual obligations
but limited to the foreseeable, typically occurring damage. The previous limitations
do not apply if the defect has been fraudulently concealed or if a guarantee of quality has been given by AST RR, as well as in case of liability according to the
as well as in case of liability according to the Product Liability Act.
(3)Withdrawal from the contract due to a breach of duty that is not a defect is excluded unless AST RR is responsible for the defect.
RR is responsible for the defect. Otherwise, the legal requirements and consequences apply.
(4)In case of lack of warranted characteristics, AST RR is liable for damages only insofar as the purpose of the
the purpose of the warranty is to protect the buyer against the damage.
§ 8 Retention of title
(1)Until fulfilment of all claims, including balance claims, which AST RR may have against the buyer and
against the Buyer and his affiliated companies for any legal reason now or in the future (secured claims).
claims), the goods remain the property of AST RR.
(2)In case of breach of contract by the contracting party, AST RR has the right to withdraw from the contract; however, in case of
non-payment of due receivables, however, only after a written request for payment with a reasonable period of
unless this is dispensable according to legal regulations, AST RR is also only allowed to return the goods due to the
goods on the basis of the retention of title without withdrawing from the contract. The demand for return
does not constitute a withdrawal from the contract at the same time.
(3)Processing or transformation is always carried out for AST RR as manufacturer, but without any further obligation for AST RR.
for AST RR. If (co-)ownership of AST RR is created by combination or processing, it is already agreed now that the (co-)ownership of AST RR shall be transferred to AST RR.
agreed that the (co-)ownership of the Buyer in the unified object shall pass to AST RR pro rata (invoice value).
value (invoice value) to AST RR. The Buyer shall keep the (co-)ownership of AST RR free of charge.
(4)In the ordinary course of business, the Buyer is entitled to resell the goods subject to retention of title,
as long as he is not in default with his performance. Pledging or transfer of ownership by way of security of the
goods subject to retention of title are inadmissible. The claim arising from the resale or any other legal ground in lieu of the
the goods subject to retention of title shall already now be assigned to us by way of security in full or in the proportion of a
co-ownership share according to para. 2 to AST RR. AST RR accepts this assignment. The Buyer is
revocably entitled to collect the claim assigned to AST RR in his own name. The Buyer is
disclose the assignment and to point out our reservation of title in case of unilateral resale.
reservation of title.
§ 9 Statute of Limitations, Applicable Law, Place of Jurisdiction, Partial Invalidity
(1)The limitation period for material defects and defects of title shall be one year from delivery. The limitation period shall remain unaffected
third parties, in case of fraudulent intent of AST RR and in case of supplier recourse in case of final
final delivery to a consumer.
(2)The short limitation period shall also apply to contractual and non-contractual claims for damages of the contractual
contractual claims for damages based on a defect, unless the statutory provisions on limitation would lead to a shorter period of
would lead to a shorter limitation period. This shall not affect the limitation period under the
Product Liability Act. For claims outside of the warranty for defects and the claims according to § 9 of the GTC
the statutory provisions shall apply.
(3)For the terms and conditions and the entire legal relationship between AST RR and the buyer, the laws of the
the law of the Federal Republic of Germany applies. The Uniform International Sales Law and the UN Sales Law
(CISG) are excluded.
(4)As far as the contracting party is a merchant in the sense of the German Commercial Code, a legal entity under public law or a special
legal entity under public law or a special fund under public law, the exclusive - also international - place of
Siegen for all disputes arising directly or indirectly from the contractual relationship.
(5)Should a provision in these terms and conditions or a provision within the scope of other agreements be or become
other agreements, the validity of all other provisions and agreements shall not be affected thereby.
provisions and agreements shall not be affected.