General Terms and Conditions for Chemical Waste Netherlands
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always starting with a capital letter, are used in the following
meaning used.
1. CAN: Chemical Waste Netherlands, the user of these general terms and conditions, part of Industrial Waste Netherlands
BV, located at Tolnasingel 1, 2411 PV in Bodegraven, registered in the Trade Register under Chamber of Commerce number
83380272.
2. Other party: any legal entity or natural person acting in the exercise of a profession or business, with whom
CAN has concluded or intends to conclude an Agreement.
3. Parties: CAN and the Other Party jointly.
4. Agreement: every agreement between Parties in the context of which CAN has a relationship with the Other Party
committed to providing Services, whether or not including the delivery of Packaging.
5. Services/Services: the services to be provided by CAN in the context of the Agreement, including the most
understood in the broadest sense of the word, the collection and processing of chemical and/or hazardous waste.
6. Packaging: any KGA boxes made available to the Other Party in the context of the Agreement,
pallet boxes, barrels, drums, IBCs, Wiva barrels, jerry cans, rolling containers or other types of packaging for the
agreed waste collection.
7. Written: communication in writing, communication by e-mail or any other means of communication intended for the purpose
the state of the art and the prevailing views in society can be equated with this.
ARTICLE 2. | GENERAL PROVISIONS
1. These general terms and conditions apply to every offer from CAN and every concluded Agreement.
2. These general terms and conditions have also been stipulated for the benefit of third parties who assist CAN in the execution of the
Agreement involved. In any case, the actual waste collection is done by third parties. All by CAN during implementation
Third parties involved in the Agreement can rely on the provisions of this agreement against the Other Party
general terms and conditions as if they themselves were a party to the Agreement.
3. If third parties as referred to in the previous paragraph contractually limit their liability towards CAN, CAN
CAN assumes, and if necessary hereby stipulates, that the Agreement concluded with it includes the authority to:
to accept such liability limitations also on behalf of the Other Party.
4. The applicability of any general terms and conditions of the Other Party, under whatever name
indicated is expressly rejected.
5. Deviations from the provisions of these general terms and conditions can only be made expressly and in Writing. Submit
insofar as what the Parties have expressly agreed in Writing deviates from the provisions of these general terms and conditions
conditions, what the Parties have expressly agreed in Writing applies.
6. Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement
such, does not affect the validity of the other clauses. In such a case, the Parties are obliged to mutually agree
to enter into consultations in order to make a replacement arrangement with regard to the affected clause. In addition,
the purpose and intent of the original provision are taken into account as much as possible.
ARTICLE 3. | OFFER AND FORMATION OF AGREEMENTS
1. Every offer from CAN (including its quotations) is without obligation, even if there is a term of
acceptance is stated.
2. The Other Party cannot derive any rights from an offer from CAN that contains an obvious error or mistake.
3. Furthermore, the Other Party cannot derive any rights from an offer from CAN that is based on information provided by the Other Party
incorrect or incomplete information provided.
4. Without prejudice to the provisions of paragraph 1, every Agreement is concluded by offer and acceptance. If the
acceptance of the Other Party deviates from CAN's offer, the Agreement will not comply with this deviation
acceptance is concluded, unless CAN indicates otherwise.
5. Verbal commitments made directly or indirectly by CAN do not bind CAN.
6. If the Other Party concludes the Agreement (also) on behalf of another natural or legal person, it declares this
to be authorized to do so upon entering into the Agreement. The Other Party is jointly and severally liable next to this (legal) person
liable for the fulfillment of the obligations under that Agreement.
ARTICLE 4. | DURATION, TERMINATION AND CANCELLATION OF AGREEMENTS
1. The Agreement regarding Services ends upon completion of the agreed Services (one-off
assignment), unless it follows from the nature and/or scope of the Agreement that the Parties undertake to do so
regularly recurring waste collection and processing, in which case the Agreement is entered into for certain
or indefinite period.
2. The Agreement that provides for the provision of Packaging is entered into for a specific or indefinite period
time.
3. The Agreement that provides for regular waste collection and processing or the making available of
Packaging is deemed to have been entered into for an indefinite period if not expressly stated in writing
term has been agreed.
4. Entered into an Agreement for a fixed period and which provides for regular waste collection and
processing or making Packaging available becomes tacit after this specific time has elapsed
extended, unless the Agreement has been terminated in time in accordance with the provisions of paragraph 6.
5. Tacit extension as referred to in the previous paragraph will take place again for the period originally agreed
fixed term, unless a different term for tacit extension has been expressly agreed in Writing.
6. The Agreement that provides for regular waste collection and processing or the making available of
Packaging ends upon notice of termination, but not before any specified term has expired. Termination is required
to be made subject to a notice period of one month. Cancellation will take place towards the end of the
calendar month in which cancellation took place. In the event of verbal cancellation, the notice period only commences at the time
that the cancellation has been confirmed by one of the Parties in Writing (including by e-mail).
7. If the Other Party terminates the Agreement prematurely or does not respect the applicable notice period, it is
obliged to compensate CAN for the damage that CAN suffers as a result. This damage is estimated at the amount
to which CAN would (expectedly) have been entitled if the Agreement had continued in a regular manner
and was finished.
ARTICLE 5. | FURTHER OBLIGATIONS OF THE OTHER PARTY
1. The Other Party is obliged to inform CAN in a timely manner of all information, data and documents
which the Other Party knows or reasonably should know is important for the execution of the Agreement
can be.
2. If CAN has made Packaging available to the Other Party, the Other Party guarantees that the correct
waste materials are deposited in the appropriate packaging; in packaging intended for collection
of specific chemical and/or hazardous substances, only those specific substances may be deposited.
3. The Other Party guarantees that persons designated by CAN can enter the grounds and buildings of the
The other party is sound, suitable and safe for the agreed waste collection and these sites and buildings
comply with all relevant government regulations and possibly provided by or on behalf of CAN
Clues. The Other Party must always comply with the applicable government regulations with regard to, among other things:
working conditions, safety and the environment. Furthermore, the Other Party must provide all information provided by CAN
follow instructions and directions.
4. Any Packaging must be presented to CAN for emptying and exchange in such a way that loss, spillage, or
the waste is prevented from blowing away and there is no nuisance, danger or (injury) damage for CAN or third parties
is caused.
5. In the event that the Packaging is incorrectly loaded or overloaded in the opinion of the persons designated by CAN,
is loaded with waste materials other than what was agreed, the transport of the waste is contrary to land requirements
of transport regulations and/or if the collection or transport poses or could pose a risk to business, people or the environment
CAN is entitled not to have the Packaging emptied or exchanged, the removal of the Packaging and/or
to have the waste rejected and/or to have the Packaging and/or the waste returned to the Other Party.
Any resulting damage, including additional costs and fines, will be borne by the
Other party.
6. From the moment the waste processor engaged by CAN accepts the waste and puts it in the Packaging
receives or empties, the waste is the property of the waste processor and is at his expense
risk, subject to the provisions of the next paragraph under b.
7. If the Other Party fails to comply with one or more obligations with regard to the presentation of the waste
of its obligations under the other paragraphs of this article, CAN is entitled, at its discretion:
a. to charge the Other Party for the additional costs resulting from its shortcomings; either,
b. to have the waste materials in question delivered back to the Other Party, as a result of which the rights of ownership and
risk transfer with regard to the waste is deemed not to have taken place. The Other Party is in
in that case obliged to compensate the damage suffered by CAN in that context.
8. The Other Party will indemnify CAN against claims from third parties, including the competent authorities, who
arise from the Other Party's failure to comply with its obligations under the law or the Agreement
obligations.
ARTICLE 6. | PROVISION OF PACKAGING
1. Any Packaging made available by CAN to the Other Party is and remains the property of CAN
Packaging is changed per waste collection.
2. Except for normal wear and tear, CAN guarantees that the Packaging is delivered to the Other Party free of damage and defects.
delivered. Any complaints in this regard must be made immediately upon delivery, or if reasonable under the circumstances
cannot be required from the Other Party, to CAN within two working days after delivery of the Packaging.
be communicated, failing which the Packaging will be deemed to be free of damage and defects to the Other Party
is delivered.
3. The Other Party is responsible for requesting and maintaining any necessary data
permits, exemptions and other public law approvals, consent or permission or the
comply with any reporting obligation for the placement of the Packaging and related waste collection.
CAN is never liable for damage resulting from the lack of permits, exemptions or decisions
etc.
4. The Other Party will take care of the Packaging with due care and will dispose of it carefully and in accordance with the
use and load at agreed destination.
5. For all damage caused to the Packaging during the period that the Packaging was available to the Other Party
caused or arisen, the Other Party is fully liable. The Other Party is in any case liable for damage
caused by loss, missing, embezzlement, theft, damage and alienation of the Packaging during the
period during which the Packaging was or should be at the disposal of the Other Party.
6. If the Packaging, apart from normal wear and tear, is returned in a condition inferior to that in which it was delivered
has been made available to the Other Party, the Other Party is liable for all repairs made by CAN
repair costs, without prejudice to CAN's right to claim compensation for the full damage.
7. The Other Party is not permitted to sublet the Packaging or to have it taken to a location other than
the one where the Packaging was delivered. Furthermore, the Other Party is not permitted to use the Packaging by other parties
than those designated for this purpose by CAN, to have them emptied or exchanged.
8. The Other Party is obliged to properly insure the Packaging against the risks of theft, embezzlement, fire and
damage. Damage, loss, embezzlement, theft and loss of the Packaging must be dealt with later
discovery thereof must be communicated to CAN immediately.
9. The Packaging may not be used for purposes other than the storage of the agreed items
waste products.
10. CAN is entitled at all times to inspect the Packaging at the Other Party.
11. At the end of the Agreement, CAN is entitled to acquire the Packaging located at the Other Party's premises.
and to enter the places where the Packaging is located.
ARTICLE 7. | COMPLAINTS
1. Without prejudice to the provisions of Article 6.2, the Other Party is obliged to file any complaint regarding the execution of the
Agreement by or on behalf of CAN immediately after discovery, or at least reasonable discovery of it
by informing CAN orally of its alleged defect and then within two working days
CAN To be confirmed in writing, failing which CAN is deemed to have fulfilled its obligations in this regard
fulfilled, the Other Party can no longer rely on any shortcoming on the part of CAN and CAN is no longer liable
can be held liable for any damage suffered by the Other Party.
2. Complaints regarding the amount of invoices must be submitted in writing within seven days of the invoice date
submitted to CAN, failing which the Other Party's right to make a complaint in this regard is terminated
expired.
3. If the Other Party does not submit a complaint in a timely manner, CAN will not receive any benefit from such a complaint from the Other Party.
obligation.
4. Even if the Other Party complains in time, the Other Party remains obliged to pay in full and on time,
as well as the obligation to further comply with the Agreement.
ARTICLE 8. | FORCE MAJEUR
1. CAN is not obliged to fulfill any obligation under the Agreement if and for as long as it is required to do so
is hindered by a circumstance that hinders him by law, a legal act or in society
prevailing views cannot be attributed (force majeure). Force majeure means, in addition to what:
in this regard, in legislation and case law, all external causes are understood
CAN has no influence and which make the (further) performance of the Agreement impossible or seriously complicate,
including (extremely) bad weather conditions and shortcomings of third parties of which CAN in
depends on the context of the execution of the Agreement.
2. If and insofar as the force majeure situation makes fulfillment of the Agreement permanently impossible, the Parties
entitled to terminate the Agreement in whole or in part with immediate effect.
3. If CAN has already partially fulfilled its obligations at the onset of the force majeure situation, or still has to do so
can only partially fulfill its obligations, CAN is entitled to cancel the part already performed,
to invoice the executable part of the Agreement separately as if there were one
independent agreement.
4. Damage resulting from force majeure will never be eligible for compensation, without prejudice to the application of the previous paragraph
consideration.
ARTICLE 9. | SUSPENSION AND DISSOLUTION
1. If the circumstances of the case reasonably justify this, CAN has jurisdiction, without judicial proceedings
intervention, to suspend the performance of the Agreement or to terminate the Agreement in whole or with immediate effect
to partially dissolve if the Other Party fails to fulfill its obligations under the Agreement (including the provisions of this
general terms and conditions thus included) does not comply, does not comply on time or in full, or after the conclusion of the
Agreement CAN has become aware of circumstances that give good reason to fear that the Other Party will
will not fulfill obligations. If the fulfillment of the obligations of the Other Party with regard to which it
falls short or threatens to fall short, is not permanently impossible, the authority to dissolve only arises after the
The other party has been given notice of default in writing by CAN, in which notice of default a reasonable period is stated
within which the Other Party can (still) fulfill its obligations and the fulfillment after expiry of the
the latter deadline has still not been met.
2. If the Other Party is in a state of bankruptcy, has applied for (provisional) suspension of payment, any
its goods have been seized or in cases where the Other Party cannot otherwise freely dispose of its assets
CAN is entitled to terminate the Agreement in whole or in part with immediate effect. In
In the event of packaging present at the Other Party, the Other Party is obliged to notify the closed packaging
Agreement to the seizing bailiff, or in the event of bankruptcy or guardianship
to the curator or administrator.
3. CAN is furthermore entitled to terminate the Agreement in whole or in part if circumstances arise
which are of such a nature that compliance with the Agreement is impossible or its unchanged maintenance is impossible
reasonableness cannot be expected of him.
4. The Other Party is never entitled to any form of compensation in connection with the damage done by CAN on the grounds
right of suspension and/or termination exercised under this article.
5. To the extent that the grounds that led to suspension or dissolution of the Agreement can be attributed to the Other Party
attributed, the Other Party is obliged to compensate the damage that CAN suffers as a result.
6. If CAN terminates the Agreement on the basis of this article, any outstanding claims on the
the Other Party immediately due and payable and CAN is entitled to purchase any Packaging present at the Other Party
to be retrieved immediately.
ARTICLE 10. | PRICES, COSTS AND PAYMENTS
1. The parties expressly agree on the prices and any additional costs, failing which the usual costs will be charged
prices charged by CAN and any additional costs will be charged to the Other Party.
2. The price for making Packaging available is payable monthly for the duration of the relevant Agreement
continues. The monthly amount includes labeling and labels. For placing the Packaging and retrieving it
upon termination of the Agreement, the Other Party will owe installation and/or collection costs in accordance with
usual rates charged by CAN.
3. The prices of the Services are based on a maximum loading time of thirty minutes. If this period of
thirty minutes is exceeded as a result of a circumstance that is reasonably at the risk of the Other Party
should occur, CAN is entitled to charge additional costs in accordance with the usual rates at that time
CAN rates applied.
4. If less than 300 kilograms of waste is collected in the context of a waste collection, the
usual call-out costs charged by CAN are additionally borne by the Other Party.
5. In the event of the collection of used oil, additional transport costs are payable by the Other Party,
in accordance with the usual rates charged by CAN.
6. If price increases occur in cost-determining factors, such as wages or purchasing prices or as a result of
changed legislation or regulations, CAN is entitled to pass on these price increases to the Other Party.
7. If the Agreement has a longer lead time than one month, CAN will inform the Other Party monthly
invoice.
8. CAN is not obliged to (further) implement the Agreement for as long as the Other Party is in default
the satisfaction of any payment obligation owed to CAN and already due.
9. Payments must be made in the manner designated by CAN and within the period stated by CAN.
CAN uses a standard payment term of 30 days after the invoice date, but may deviate from this in individual cases.
10. If the Other Party liquidates or transfers its company to a third party, is bankrupt,
has applied for (provisional) suspension of payments, any seizure has been made of his goods, as well as in the case where the
The Other Party cannot otherwise freely dispose of its assets, the claims against the Other Party are immediate
due.
11. In the event of payment to CAN by direct debit, the authorization for direct debit has been agreed
is withdrawn or in the event that a payment is reversed, the payment must still be made by bank transfer,
within the period stated by CAN on the relevant invoice.
12. CAN is entitled to make invoices due to the Other Party available to it exclusively by e-mail.
13. The Other Party is always obliged to pay without recourse to suspension or settlement.
14. If timely payment is not made, the Other Party will be in default by operation of law. From the day this
default occurs, the Other Party owes interest of 2% per month on the outstanding amount, whereby a
part of a month is considered a full month.
15. All reasonable costs, both judicial, extrajudicial and execution costs, incurred in obtaining the
Amounts owed by the Other Party will be borne by the Other Party.
ARTICLE 11. | LIABILITY AND INDEMNIFICATION
1. CAN makes every effort to meet any deadlines to which it has committed itself to the Other Party,
However, these terms are never strict deadlines. CAN's default will not commence until the
The other party has given CAN written notice of default, in which notice of default a reasonable period for compliance
stated, and CAN is still in default after the expiry of the last term.
2. Conditions limiting, excluding or determining liability, which may be imposed on CAN by third parties
can also be invoked by CAN against the Other Party.
3. CAN is never liable for damage resulting from advice provided by it free of charge, nor for:
indirect damage, including losses suffered, lost profits and damage as a result of business stagnation.
4. If CAN is liable for any damage, CAN is entitled to repair this damage at any time. The
The Other Party must give CAN the opportunity to do so, failing which any liability on the part of CAN will apply
matter expires.
5. If CAN is still liable for any damage despite the provisions of these general terms and conditions, this
liability is limited to a maximum of the proper performance of the agreed Services or delivery
of the agreed Packaging. If such repair is not possible or pointless, CAN is liable
limited to a maximum of the invoice value of the Agreement, or at least to that part of the Agreement on which
CAN's liability relates.
6. Without prejudice to the limitation periods referred to in Article 7, the limitation period for all legal claims against
CAN one year.
7. The Other Party indemnifies CAN against any claims and claims from third parties for damage of which the
cause is attributable to parties other than CAN. If CAN is held liable by third parties for this reason,
then the Other Party is obliged to assist CAN both extrajudicially and legally and to immediately do all that is necessary
can reasonably be expected from her in that case. If the Other Party fails to take
adequate measures, then CAN is entitled to do so itself without notice of default. All costs and
damage caused by CAN and/or third parties will be entirely at the expense and risk of the
Other party.
8. The liability limitations in these general terms and conditions do not apply if the damage is caused by
intent or deliberate recklessness on the part of CAN or its management staff.
ARTICLE 12. | FINAL PROVISIONS
1. CAN is entitled to change these general terms and conditions. In such a case, the Other Party will agree to this
will be notified, whereby the amended general terms and conditions will be provided to it and after which they will be implemented
apply.
2. CAN is at all times entitled to transfer its rights and obligations under the Agreement to a third party.
3. Every Agreement and all legal relationships arising from it between the Parties are exclusively Dutch
law applies.
4. Before any appeal to the court, the Parties are obliged to make every effort to resolve the dispute
to be settled by mutual agreement.
5. Only the competent court within the district of the District Court of The Hague will be the judge of first instance
designated to hear any legal disputes between the Parties, without prejudice to the right of
CAN appoint another court with jurisdiction according to the law.