General terms and conditions for purchases – Kernschrott-Recycling UG, Dieselstr. 7, 93053 Regensburg.
1.1 All purchases are governed exclusively by the following general terms and conditions in the version applicable at the time. Suppliers within the meaning of these terms and conditions may be either private individuals or businesses.
1.2 Businesses are natural or legal persons or partnerships with legal capacity who, when entering into a legal transaction, act in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the capacity to acquire rights and to incur liabilities.
1.3 A private individual is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity.
2.1 Traded goods or merchandise within the meaning of these terms and conditions are metals, including alloys and mixed metals, with the exception of precious metals, without any further designated use.
2.2 The supplier warrants that they will deliver only goods that have no contaminating properties. These include, in particular, radioactive radiation, acids, alkalis, oils and greases. Any breach will be reported to the authorities in every case. The supplier must also bear the costs of disposal. Any further costs of damage and other legal claims remain unaffected.
2.3 Adhering matter such as dirt, concrete residues and other materials that pose no risk to health or the environment is permitted in small quantities. Adhering matter is deducted from the delivered goods as a percentage dirt deduction and charged to the supplier at the disposal costs applicable at the time.
3.1 The supplier warrants that the goods they offer do not originate from any criminal act and that they are entitled or authorised to sell them. On conclusion of the contract, the supplier must prove their identity by means of an official identity document. Commercial businesses must additionally present a tax clearance certificate and proof of their trade registration.
3.2 Goods offered are accepted exclusively at our prices. Prices are quoted in the national currency euro by grade per unit of weight. No VAT is shown for suppliers as defined in clause 1.2; the recipient of the supply is liable for the tax pursuant to Section 13(2) no. 7 UStG (German VAT Act). The prices shown on our homepage are without guarantee. Before delivery, the supplier is obliged to enquire at our place of business about the daily prices applicable at the time. A subsequent withdrawal from the offer on the pretext of not having known the daily prices, or of not accepting them after the event, can then no longer be taken into account.
3.3 Goods offered are assessed exclusively by our staff. The supplier is free to have their goods assessed before unloading or when they are weighed in. A right to withdraw from the offer because an assessment has not been accepted can be granted only for as long as the delivered goods have not been mixed with other goods.
3.4 The goods are accepted by handing over the weighing slip, on which the classifications of the goods by weight are recorded. The supplier may not make any changes to the weighing slip on their own; any breach will be reported as fraud. The weighing slip forms the basis of the remuneration without exception. The supplier is themselves responsible for any loss of the weighing slip; in that case they can no longer insist on remuneration.
3.5 The contract must be concluded in writing in every case. The supplier receives a credit note for the goods they have delivered. This contains, among other things, the supplier's personal data, the type and quantity of the goods delivered and the amount of the remuneration. The credit note is paid out either immediately in cash or by bank transfer with a payment term of 14 days. In the case of cash payment, the supplier confirms receipt by signing the credit note; in the case of bank transfer, they provide their bank details.
3.6 Subject to clauses 2.2 and 3.1, the buyer may withdraw from acceptance of the goods or from the contract at any time.
4.1 Suppliers must comply without exception with the instructions of the staff on these premises in order to avoid hazards and accidents.
4.2 Personal injury or damage to property must be reported to the staff immediately.
4.3 Unloading on the site is at your own risk. The staff are never authorised to assist with unloading, even if they are asked to do so by third parties; the company accepts no liability for any damage arising as a result.
4.4 Driving onto and entering the site is at your own risk; the company accepts no liability for any damage arising as a result.
4.5 The company is liable for damage only insofar as it is caused by grossly negligent conduct on the part of the company.
5.1 The contractual relationship between the parties and the respective terms and conditions are governed by the law of the Federal Republic of Germany. Where the supplier is a private individual, the statutory provisions and rights existing in their favour under the law of their country of residence remain unaffected.
5.2 If the aforementioned provisions have not become part of the contract in whole or in part, or are invalid, the remaining provisions remain effective. Insofar as provisions have not become part of the contract or are invalid, their content is determined by the statutory rules that come closest to them.
6.1 On conclusion of the contract the supplier has already consented to their name, their address and, where applicable, their bank details being used as an electronic record for the purpose of performing the contract. The data received are processed and used for the establishment, performance and settlement of the contracts concluded and for the purpose of future customer service and customer care.
6.2 The buyer collects personal data only where the supplier provides it of their own accord for the performance of the contract. For the processing of payments, the payment data are passed on, where applicable, to the credit institution instructed to make the payment.
6.3 Once the contract has been fully performed, the data are stored in view of the retention periods under tax and commercial law and are deleted after those periods have expired, unless the supplier has expressly consented to their further use.
6.4 The supplier has a right to free information about the data stored about them and, where applicable, a right to have such data corrected, blocked or deleted.
6.5 The supplier further has the right to withdraw their consent to the storage of their personal data at any time with effect for the future. In the event of such notification, the personal data stored will be deleted, unless they are still required for the fulfilment of obligations under the contractual relationship or statutory provisions preclude deletion. In that case, deletion is replaced by blocking.
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