General Terms and Conditions of DellCon GmbH
DellCon is a company specialized in transport, packaging of lithium-ion batteries, salvage as well as preparation of battery systems from e-mobility or storage technology for second life or recycling. DellCon is also a certified waste management company and operates a certified initial treatment facility according to Elektro-G.
1 Scope
(1) The following General Terms and Conditions govern the terms and conditions between DellCon GmbH, Ludwigshafener Str. 4 in 68766 Hockenheim and its customers for all contracts concluded for the agreed services. The General Terms and Conditions shall apply in the current version at the time of the respective order without our having to refer to them in each individual case.
(2) These Terms and Conditions shall only apply if the Customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB). They are not valid for consumers in the sense of § 13 BGB.
(3) General terms and conditions of customers or third parties shall not apply, even if we do not separately object to their applicability in individual cases. Even if we refer to a letter containing or referring to general terms and conditions of business of the customer or a third party, this shall not constitute an agreement to the validity of your general terms and conditions of business.
(4) Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in all cases take precedence over these Terms and Conditions. A written contract or our written confirmation shall be authoritative for the content of such agreements.
2 Offer and conclusion of contract
(1) A contract for the provision of services is concluded by the written acceptance of the customer’s request (order), at the latest, however, by our written confirmation or the fulfillment of the contract.
(2) A request for the provision of services can be submitted to Dellcon GmbH in writing, by e-mail, telephone or via the website of DellCon GmbH (https://www.dellcon.de):
DellCon GmbH
Ludwigshafener Street 4
68766 Hockenheim
info@dellcon.de
Markus.Dellori@dellcon.de
Phone: (+49) 06205/9039796
(+49) 0173-2576886
(3) A request for quotation does not constitute a binding offer to conclude a contract. A contract between DellCon GmbH and the Customer shall only be concluded if DellCon GmbH submits a binding offer to the Customer in response to the Customer’s request in writing or by e-mail (“Offer”) and the Customer confirms acceptance of this Offer in writing or by e-mail (“Acceptance”).
After effective acceptance, DellCon shall send the Customer a written order confirmation (“Order Confirmation”).
(4) The laws, ordinances and regulations applicable to the performance of services shall apply, in particular the waste law and the provisions of the ADR. These shall be observed by both parties.
(5) With the exception of the Managing Director, no other person shall be entitled to make any agreements deviating from these GTC.
(6) The scope of the contract or the exact task description shall be described in detail individually in each binding offer.
(7) If a framework agreement is agreed upon, the individual service specifications prepared for the customer shall be understood as an offer on our part. All other parts of the contract shall be documented in writing.
(8) The offer is binding for 4 weeks.
3 Prices and terms of payment
(1) The prices apply to the scope of services listed in the order confirmation.
Additional or special services after acceptance of the order will be charged separately.
You will receive a corresponding confirmation of the order extension.
(2) The prices listed in the order confirmations are binding, are calculated in the currency Euro, the VAT incurred is shown separately in the invoices.
(3) The invoices are to be paid within 14 days without deduction, unless other contractual agreements exist.
(4) In case of late payment we make use of § 288 BGB. From the day of maturity we charge interest on arrears in the amount of eight percentage points (8%) above the respective base interest rate as well as reminder fees in the amount of 15.00 Euro per reminder.
4 Obligations of the customer, costs
The obligations of the customer include the following
(1) The batteries to be transported must be provided and declared.
The transport and disposal can only take place if the information requested by DellCon regarding the battery system is complete and has been communicated in due time.
(2) The customer must ensure that the applicable waste management and other statutory provisions, official orders and requirements, published disposal conditions and our acceptance criteria are complied with.
(3) We shall be entitled to check whether the lithium-ion batteries comply with the agreed conditions upon collection on site or delivery before and after handover. In the event of non-conformity, we shall be entitled, after weighing the interests of both parties and at the expense of the customer, to reject them or refuse acceptance. If costs have already been incurred in the event of a justified refusal, you shall be obliged to bear these after invoicing.
(4) We shall invoice the customer for the full amount of any missed deliveries if the goods to be transported are not available at the time of collection or are not available within a reasonable waiting time. This also applies if there is no contact person on site or if the pick-up or acceptance facility is closed. Waiting and loading times will be charged separately, see details in the offer.
(5) If a confirmed order is cancelled or postponed at short notice (3 working days), the customer shall bear the costs incurred up to that point (e.g. fees) and 50% of the costs for the provision of vehicles and personnel according to the offer. If the transport is cancelled while it has already started, the 100% of the costs according to the order is due. This also applies if the transport lasts several days.
(6) If the customer is in default of acceptance or if he culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.
5 Delivery and delivery times
(1) We are entitled to determine the type of shipment, the shipping route and the packaging ourselves. We shall act strictly in accordance with the statutory requirements while observing the necessary safety precautions for the transported goods, personnel and the environment.
(2) If compliance with agreed delivery periods delivery times is due to force majeure or other events for which DellCon is not responsible and which cannot be averted (e.g. non-availability of the service due to pandemics, war, terrorist attacks, severe weather catastrophes), the delivery periods intended for implementation shall be extended plus a reasonable start-up time.
6 Export controls – export and import
(1) The contracting parties are aware that performance under the contract may be subject to
may be subject to import and export restrictions. This applies in particular to waste transports or customs requirements. If delays occur in customs clearance due to missing information or insufficient documents for which the Customer is responsible, these costs shall be invoiced. This also applies
if the onward journey is not possible and the journey has to be aborted. In this case the customer is obliged to take back the object of transport.
(2) The fulfillment of the contract is subject to the proviso that there are no obstacles due to national and international regulations of the export-import law as well as no further legal regulations.
7 Place of performance and risk
(1) The place of performance for all obligations arising from the contractual relationship shall be the registered office of DellCon, unless otherwise agreed.
(2) The risk shall pass to you at the latest at the time of delivery and handover of the items to be transported to the recipient or other third party designated for further performance.
(3) You shall bear any additional costs for storage and the associated personnel expenses if you are in default with the collection of the goods.
(4) If the goods are shipped to the customer at the customer’s request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs. This shall not apply if we are the company commissioned with this transport.
(5) At the express request of the Customer and at the Customer’s expense, we shall insure the items/goods in our custody against theft, fire and water damage.
8 Warranty
(1) The statutory provisions for safeguarding your rights in the event of material defects and defects of title shall apply.
(2) The basis of the liability for defects are the contractually agreed service agreements.
(3) The defect must be reported in writing immediately after the provision of our service (after 5 days at the latest). The legal conditions for rectification shall apply.
(4) We shall bear the expenses necessary for the purpose of subsequent performance and inspection if there is actually a defect for which we are responsible. If the claim for rectification of defects turns out to be unjustified, we may charge you for the resulting costs.
9 Other liability
(1) Unless otherwise stated in these GTC, we shall be liable in accordance with the statutory provisions in the event of a breach of duties arising from the contract or of duties of care.
(2) If liability for damages against us is excluded or limited, this exclusion shall also apply to the personal liability for damages of our employees and legal representatives. We shall be liable in the event of intent or gross negligence.
(3) In the event of simple negligence, we shall only be liable for damages arising from injury to life, limb or health.
(4) In the event of a breach of cardinal obligations (obligations the fulfillment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on), the amount of liability shall be limited to the foreseeable damage typical for the contract.
10 Property rights
(1) The Customer acknowledges DellCon’s property rights to all of DellCon’s own documents, samples, plans, molds, production documents and processes as well as other know-how information provided by DellCon. The Customer shall neither apply for property rights for these himself nor support third parties in doing so. This shall also apply if DellCon’s application for property rights has not yet been executed or concluded.
(2) Names and logos may only be used with the prior written consent of DellCon.
11 Data protection – Compliance
(1) You are obliged to comply with the statutory provisions on data protection.
(2) You shall instruct all employees in accordance with the required data protection provisions and commit them in writing to confidentiality. Proof of this declaration shall be provided to us upon request.
(3) You are obliged to comply with the laws, regulations and provisions on environmental protection, occupational health and safety, etc.. This applies in particular to the provisions on the minimum wage and the payment of social security contributions.
12 Final provisions
(1) Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
(2) The wholly or partially invalid provision shall be replaced by a provision whose economic success is as close as possible to that of the invalid provision.
(3) The place of performance for all mutual claims is Hockenheim, unless otherwise contractually agreed.
(4) These General Terms and Conditions shall apply from 01.07.2022.