GENERAL Terms and Conditions & DPS

of AVR GmbH


Paragraph © AVR GmbH

GENERAL Terms AND CONDITIONS for delivery and treatment of waste

1) AVR GmbH (hereinafter referred to as AVR) carries out collection and treatment orders exclusively based on these terms and conditions. Divergent conditions of the customer are not valid. ...
1)
AVR GmbH (hereinafter referred to as AVR) carries out collection and treatment orders exclusively based on these terms and conditions. Divergent conditions of the customer are not valid.

2)
Deliveries of waste are accepted only with a fully completed and duly signed AVR order and delivery note. For hazardous waste a completed and duly signed waybill must also be provided before the handover. AVR is not obliged to check the customer’s signing authority.

3)
Incoming waste should be labelled according to amount, type, composition and level of hazard. The designation shall be made using the name and code number used in ÖNORM S 2100, as well as according to the material group classification under ADR/RID. If a clear assignment to a key code is not possible or the relevant key code is not suitable for representing all specific risks (for example in the case of mixed materials), an accurate specification shall be made of those substances from which the delivered material is constituted. The handover of samples does not replace the mandatory declaration.

4)
The customer expressly acknowledges that it is liable for all consequences and damages that occur due to inappropriate or incorrect labelling or through incomplete or false declaration of waste, or through no declaration at all.

5)
Estimates are not binding, even after sampling. AVR is entitled to re-investigate the correct labelling and the composition after delivery. The result of this examination shall be binding for further treatment and invoicing of costs. If the product declaration of the customer is not accurate, the costs for further analysis shall be borne by the customer. To determine the amount of the delivered material, the weighing by the receiving office of AVR shall prevail.

6)
Price agreements apply only as far as the waste delivered corresponds to the amount and composition of the product declaration. Otherwise, the costs referred to in the latest price list for preparatory processing, analysis, containers, processing, etc. shall prevail.

7)
Waste must be delivered in waterproof containers suitable for storage, the lids of which have to be secured against easy opening. All containers must be legibly labelled with the name, address of the contracting authority, order and delivery note, identification of substances and the ADR/RID marking. The labelling must conform to the relevant AVR order and delivery note. The customer is liable for additional expenses and damages resulting from the use of unauthorized, unsuitable, defective or improperly designated containers.

8)
To ensure continuous operation, AVR must be promptly notified of all deliveries ahead of time and the schedule must be complied with. Delivered media remain the property of the customer until their handover is confirmed to the customer by written confirmation on the AVR order and delivery note or waybill. Deliveries are made at the expense of the customer, and the instructions of AVR staff must be complied with.

9)
In the case of a justified refusal of acceptance, the customer or carrier shall have no claims of any kind against AVR. AVR will not store hazardous waste which it has not accepted.

10)
Insofar as the transport of waste is organised and commissioned by AVR, this is at the expense and risk of the customer. The customer shall, unsolicited, provide AVR as well as the carrier with all information required for transport under the Dangerous Goods Act and other regulations, and transfer the required and duly completed accompanying documents in a demonstrably complete form, and assure themselves of the authorisation of the driver and the suitability of the transport vehicle, as well as of compliance with the mixed loading prohibitions, before the transport vehicle is loaded. The customer shall indemnify AVR and hold it harmless from all consequences of the failure to meet these obligations.

11)
AVR is obliged to accept waste only under the statutory provisions. It is entitled, even if it has previously agreed acceptance, to refuse the acceptance of waste if the AVR order and delivery note or statutory waybill are missing or contain insufficient material labelling or incorrect information on quantities or weight. AVR is entitled to reject the acceptance of waste in damaged containers.

12)
Invoices of AVR are generally payable within 14 days after the invoice date. In case of late payment, interest at the rate of 12% per year from the invoice date shall be considered agreed upon. The customer agrees to reimburse all extrajudicial dunning expenses of a collection agency which has been commissioned.

13)
Offsetting counterclaims of any kind whatsoever against the claims of AVR is excluded if the counterclaims have not been explicitly recognised by AVR or determined by a court.

14 )
Unless otherwise specified above, Austrian law, and particularly the Waste Management Act shall apply to the handover, acceptance and preparatory processing of waste.

15)
For all disputes arising from this contract, the jurisdiction of the court with subject matter jurisdiction in the domicile of AVR is agreed.
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Paragraph © AVR GmbH

General Terms and Conditions for Tank Cleaning

1) All commissioned tank (or tanker) cleaning services in the context of current and/or future business relationships with AVR GmbH are based on the following terms and conditions. Divergent,...
1)
All commissioned tank (or tanker) cleaning services in the context of current and/or future business relationships with AVR GmbH are based on the following terms and conditions. Divergent, conflicting or additional terms and conditions of the customer, even if known, are not part of the contract, unless their validity has been explicitly approved by AVR GmbH in writing.

2)
The cleaning order is based solely on the information provided by the customer. If no reservations are expressed in writing by the customer before order issue, each driver or dispatcher/contact person of a lorry, container, freight wagon or other container to be cleaned is empowered to place an order on behalf of the keeper or owner of the vehicle or container.

3)
Each customer is obliged to fully and correctly specify the previous loads of the container, as well as the nature and extent of cleaning, so that after performance of this work it meets the requirements and/or legal obligations in effect for the customer. Without such specifications, AVR GmbH will perform proper and professional cleaning in accordance with the least demanding technical and legal requirements.

4)
AVR GmbH is entitled, without stating additional reasons, to refuse interior cleaning of containers which have not been completely emptied, or to send any residues for proper disposal or recycling. Resulting additional costs, up to the amount of the actual disposal costs plus a surcharge of 50% for analysis, arrangements for the disposal, and the like, shall be borne by the customer.

5)
After cleaning has been carried out and the cleaned container has been accepted, the relevant order has been fulfilled. Any defects in cleaning are to be reported immediately, otherwise all entitlement to claims will be lost.
- for accompanied tanks, immediately (within 3 hours)
- for unaccompanied tanks, within 2 weekdays
and will be remedied exclusively by re-cleaning (improvement). If such a complaint is alleged, the customer shall immediately return the container, lorry, car etc to the cleaning plant.

6)
AVR is not liable for lack of cleaning success due to incomplete or incorrect information provided by the customer. Incidentally, AVR GmbH is only responsible for the technically and professional correct implementation of the cleaning service, but not for a specific success of the cleaning. Unless otherwise specified in writing, AVR GmbH confirms cleanliness only to the extent that no residue or odour from the last cargo or cleaning agent can be determined through visual inspection from the dome cover.

Liability for the cleaning of parts that cannot be seen is completely excluded (e.g. non-visible parts of the boiler, the inlet and outlet pipes, hoses, pumps, air lines, tank outlet supports, manifolds, etc.). For unalloyed steel tanks, the occurrence of superficial rust is possible and shall not be considered a defect. Should a subsequent cleaning be required despite proper execution of the cleaning, the customer shall provide compensation for this. AVR GmbH shall only be liable for intentional acts and gross negligence. Claims for compensation are in any event limited to 15 times the amount of the cleaning fee.

7)
Any offsetting of claims of the customer against claims of AVR GmbH from other cleaning orders is expressly excluded, unless these have been recognised or established by a court.

8)
Insofar as there is no written agreement, the compensation for the work will be determined by the underlying offer of AVR GmbH; otherwise the last displayed or published list prices apply. The invoiced services shall be paid in cash and without any deductions after the cleaning has been performed. In the case of late payment, the statutory default interest, reminder fees and the costs of recovery by a lawyer will be charged pursuant to Section 1333 of the General Civil Code (ABGB). In the case of an agreed written invoice, payment shall be made within 3 days from receipt of the invoice by the customer. AVR GmbH reserves the right to require prepayment for services.

9)
The place of performance and exclusive place of jurisdiction is Vienna. Only Austrian law shall apply.
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Paragraph © AVR GmbH

DATA PROTECTION STATEMENT

Information on data processing pursuant to Art. 13 and 14 of the General Data Protection Regulation (GDPR) 1. Who is responsible for the data processing and whom can you...
Information on data processing pursuant to Art. 13 and 14 of the General Data Protection Regulation (GDPR)

1.
Who is responsible for the data processing and whom can you contact:

AVR GmbH
DI Reinhard Olbrich
Dr.-Otto-Neurath-Gasse 7, A-1220 Vienna
Email: kontakt@avr-gmbh.at
Tel.: +43-1-282 21 61
Fax: +43-1-282 21 61-23

2.
Which data are processed:

We process your company data, which fall under the following data categories:
• Name, company name or other business name
• Address
• Contact details (telephone number, fax, email)
• Bank details
• VAT ID number
• GLN no., ÖNACE
• Contract text and business correspondence

We process the following personal data of your employees, which fall under the following data categories:
• Name of contact persons
• Contact details of contact persons (telephone number, fax, email, address, etc.)

3.
The purpose for which and the legal basis upon which the data are processed and from which sources the data originate:

a. The purpose
The processing of personal data takes place for the following purposes:
• Provision of a quote
• Order settlement
• Invoicing
• Payment transactions
• Creation of contacts and business correspondence
• Ongoing transaction processing
• Compliance with record keeping and reporting requirements in line with legislation on waste handling


b. The legal basis
We are obliged to process data that we receive from you based on the applicable legal requirements, which include:
• BAO [Austrian Fiscal Code]
• UGB [Austrian Enterprise Code]
• UstG [Austrian Value Added Tax Act]
• KstG [Austrian Corporation Tax Act]
• AWG
• AbfallverzeichnisVO [Waste Directory Regulation]
• AbfallnachweisVO [Waste Control Regulation]
• AbfallbilanzVO [Waste Balance Regulation]
• AbfallverbringungsVO [Waste Shipments Regulation]
• etc. ...

c. The sources
You have voluntarily provided us with data on your company or your company’s contact persons and we process this data based on your implied consent (contact in person, telephone, email, letter).
Some of this data is from publicly accessible directories (e.g. EDM portal, company register) or information that you have provided on your homepage (e.g. VAT number).

You can revoke your consent at any time, whereby the legality of the processing remains unaffected until such time that the consent is actually revoked.
In order to revoke your consent please contact:

AVR GmbH
DI Reinhard Olbrich
Dr.-Otto-Neurath-Gasse 7, A-1220 Vienna
Email: kontakt@avr-gmbh.at
Tel.: +43-1-282 21 61
Fax: +43-1-282 21 61-23

The data provided by you and the data gathered by us from publicly available directories or from your website are required to fulfil the contract or to carry out pre-contractual measures. Without this data we will not be able to conclude or fulfil a contract with you.

4.Who receives your data?

We also use processors for processing the data.
We transfer your data, to the extent necessary, to the following recipients/categories of recipients:
• Banks – to settle payment transactions
• Legal representatives – if required
• Tax advisors – if required
• Courts – if required
• Administrative authorities – if required
• Cloud providers – to ensure state-of-the-art data security
• Participating contract and business partners – if required
• Insurance companies – if required

5.
How long do we store your data for?

We store your data for the entire duration of the business relationship and in line with the legal retention obligations for a period of at least 7 years.


6.
Notice of your statutory rights

You have the right to be informed, the right to rectification, erasure, limitation of the processing, the right to object to the processing as well as the right to data portability. To exercise these rights please contact us.

If you believe that your claims under data protection legislation have been infringed, you can complain to the supervisory authorities. In Austria this is the

Österreichische Datenschutzbehörde [Austrian Data Protection Authority]
Wickenburggasse 8, A-1080 Vienna
Tel.: +43-1-521 52-25 69
Email: dsb@dsb.gv.at
www.dsb.gv.at
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Waste management - process development - resource management