GENERAL TERMS AND CONDITIONS
The scope of our services comprises the placement of skips and containers for filling, the removal of the skips or containers filled by the customer, and all transport services with tipper trucks and crane vehicles.
Unless otherwise agreed in writing, all our offers are non-binding and without any binding effect. Orders, offers, contracts and contract amendments, cancellations and all other agreements only become binding for us once we have confirmed them in writing; silence shall not be deemed our consent.
Dates stated by us are approximate only and therefore non-binding. The customer is not entitled to raise any claims against us due to delays in our services. However, we make every effort to meet agreed dates as far as possible.
Our employees are not obliged to verify whether the person signing the delivery note is authorised to sign on behalf of the customer. The customer undertakes to acknowledge all confirmed services.
The service confirmed by signature is decisive for invoicing. Later complaints cannot be taken into account.
If the customer or a person representing the customer is not present at the construction site when the skip or container is placed or collected, the contents of the skips (quantity and classification) stated by our employee on the delivery note shall be acknowledged by the customer.
The customer bears full liability for the type and classification of the contents of the container.
The classification of all fractions is the sole responsibility of Nemetz Entsorgung und Transport AG.
The customer must ensure that the filled material contains no residues containing mineral oil, harmful (toxic) components, or self-igniting or highly flammable material, as the removal of such material is excluded without exception. Consequential damage arising from the filling, removal and emptying of the above-mentioned material shall be borne entirely by the customer. Goods falling under the Hazardous Waste Act must be disposed of separately.
The customer is also liable for the additional costs arising from the incorrect classification of the material to be removed, in particular if rubble and bulky goods are mixed in a way that is not visible and this can only be detected when tipping. In this case, the customer is obliged to pay the resulting additional costs, such as working time, truck usage and landfill costs, calculated according to the information provided by the truck driver.
The skips or containers are provided on a rental basis. The customer is obliged to obtain the appropriate permission from the landowner for the placement of the skips or containers before they are set up. In particular, when using public ground, the customer must obtain the permit from the competent authority at their own expense. If the skip or container is placed on public traffic areas, the customer must secure and illuminate it in accordance with the relevant laws and official regulations.
The truck driver must be shown where to place the skip or container. In this respect, the driver acts as the customer's agent. The customer must ensure that sufficient space remains free in front of the skip or container so that exchanging or collecting the skip or container can be carried out smoothly and without unnecessary loss of time.
Should access to the placement site of the skip or container be obstructed by third parties or their cars, resulting in loss of earnings or other damage, the customer is liable for this damage. The loading of skips and containers must comply with the Road Traffic Act and must not exceed the maximum permissible total weight.
Measures taken by third parties, in particular by authorities, or any resulting official penalties arising from non-compliance with the terms and conditions, will be passed on to the customer in full.
The customer is responsible for any damage to skips during the filling and standing period, even without fault on their part — unless they request corresponding insurance.
Any waste disposal costs incurred will be invoiced separately. Should price increases in disposal or transport costs occur during an order, in particular due to changes in material and labour costs or public charges, the corresponding prices will be invoiced to the client and must be acknowledged by them.
For time-and-material deployments of skip, container and crane vehicles, a minimum deployment of 3 hours is charged.
Night deployments between 8 p.m. and 6 a.m., as well as Saturday, Sunday and public holiday surcharges, are invoiced separately.
Value added tax is calculated at the applicable tax rate.
In case of justified doubt about the client's solvency or in case of default of payment — including from another transaction — we are entitled to provide outstanding services only against advance payment, to revoke granted payment terms and to declare outstanding amounts immediately due.
Unless otherwise agreed, we charge container rental from the 10th working day of standing time.
Granted conditions become void in the event of insolvency.
Payment terms: net cash
All payments must be made free of charges in EURO to the account specified by us. The date of payment shall be the day on which the amount is received by us or credited to our account; the risk of the payment route is borne by the customer. Incoming payments are generally applied to the oldest outstanding liability, first to ancillary charges, then to interest and finally to principal.
In the event of late payment, we charge default interest by way of damages at a rate of 1.6 percent per month.
Upon acknowledgement of the above general terms and conditions by the purchaser, they are deemed accepted. In the case of repeat orders, the general terms and conditions once acknowledged also apply to all further orders.
The place of jurisdiction for all disputes arising from our services and contracts is exclusively the competent court in Vienna
Should individual provisions of these terms be invalid, the validity of the remaining provisions shall remain unaffected.
The contractor reserves the right to invoice the agreed service by post or electronically by e-mail.
The client expressly consents to the processing of the personal data required for the provision of the service.
Registered office
Nemetz Entsorgung und Transport AG
Hanglüßgasse 3
1150 Vienna
We look forward to a good working relationship in the service of environmental protection!