GTC
GENERAL TERMS AND CONDITIONS
1. General Provisions
a. If the order is modified or supplemented after it has been placed – for whatever reason – the delivery/performance period shall be extended by a reasonable amount of time.
b. Europlast’s obligation to perform begins once all technical details have been clarified, the customer has fulfilled the technical and legal requirements, any agreed advance payment has been received in Europlast’s account or a security deposit has been provided to Europlast, and any necessary official permits/notifications have been obtained by the customer at their own expense.
2. Conclusion of Contract
a. A contract between the customer and Europlast is only concluded once the order confirmation has been sent by Europlast.
b. By placing an order, the customer accepts the General Terms and Conditions (GTC).
3. Prices
a. Price quotations – unless explicitly stated otherwise – are not considered fixed lump-sum prices. The prices offered are daily prices and remain valid until revoked. Packaging materials will only be taken back if expressly agreed in a separate contract. Prices include VAT and transport costs.
b. Europlast is entitled to adjust the contractually agreed prices if there are changes in wage costs due to legislation, regulations, collective agreements, company agreements, or other cost factors necessary for performance, such as procurement costs for materials used, based on recommendations of parity commissions or changes in national or global market prices for raw materials, exchange rates, etc., occurring after the conclusion of the contract. The adjustment shall be made to the extent that the actual production costs at the time of performance differ from those at the time the contract was concluded.
c. In the case of continuing obligations, the remuneration is also agreed to be value-secured based on the Consumer Price Index 2016 (VPI 2016), and an adjustment of the fees shall be made accordingly. The month in which the contract was concluded serves as the base reference.
4. Payment Terms
a. Payments must be made in advance. The invoice is considered paid once the full amount has been credited to Europlast’s account.
b. Orders will only be processed after payment has been received.
5. Right of Withdrawal
a. The customer has the right to withdraw from the contract within 14 days without giving any reason.
b. Any fees incurred in the course of refunds are to be borne by the buyer.
c. New, unused goods may be returned to Europlast within 14 days of receipt. In the event of a withdrawal, the cost of returning the goods shall be borne by the buyer.
d. Exchanges are excluded.
6. Performance of Services
a. Europlast’s obligation to perform begins once all technical details have been clarified, the customer has fulfilled the technical and legal requirements, any agreed advance payment has been received in Europlast’s account or a security deposit has been provided to Europlast, and any necessary official permits/notifications have been obtained by the customer at their own expense.
7. Delivery Conditions
a. Delivery and performance deadlines are only binding for Europlast if they have been confirmed in writing. The customer is not entitled to withdraw from the contract or assert any claims of any kind (e.g. compensation) in the event of minor delivery delays. No claims of any kind (compensation, withdrawal, etc.) may be made due to delays caused by force majeure, strikes, unforeseeable and non-culpable delays on the part of suppliers, or other comparable events beyond Europlast’s control. Delivery periods and deadlines shall be extended by the duration of such events.
b. If the commencement or execution of performance is delayed or interrupted due to circumstances attributable to the customer—particularly due to failure to fulfill cooperation obligations—then the performance period shall be extended and completion dates postponed accordingly. In such cases, Europlast is entitled to charge storage fees for materials and equipment plus 20% of the net invoice amount (plus VAT) for each month or part thereof of delay, without affecting the customer’s payment and acceptance obligations.
c. In the event of a delivery delay, the customer must set a reasonable grace period for Europlast in writing by registered letter, simultaneously threatening to withdraw from the contract. Only after this period expires without result is the customer entitled to withdraw.
d. The risk passes to the customer as soon as the purchased item, material, or work is held ready for collection at the factory or warehouse, delivered, or handed over to a carrier. The customer agrees to any standard shipping method.
8. Default of Acceptance
a. If the customer is in default of acceptance despite being granted a reasonable grace period by Europlast (e.g. refusal to accept delivery, delay in making advance payments, failure to call off goods within a reasonable time in the case of call-off orders), Europlast is entitled to store the goods at the customer’s expense. A monthly storage fee of 20% of the net invoice amount (plus VAT) may be charged. Europlast is also entitled to dispose of the goods elsewhere.
b. Europlast expressly reserves the right to assert further claims.
9. Retention of Title
a. The resale of the purchased item by the customer is only permitted with Europlast’s consent. In the event that consent is given, the customer’s claim to the purchase price shall be deemed assigned to Europlast.
10. Third-Party Intellectual Property Rights
a. If the customer provides intellectual creations or documents and third-party rights are asserted with respect to these creations or documents, Europlast is entitled to suspend production of the delivery item at the customer’s risk until such rights have been clarified, and to claim reimbursement for any necessary and appropriate expenses incurred by Europlast. The customer shall hold Europlast harmless against any related claims, legal actions, or enforcement measures.
b. For any necessary legal proceedings, Europlast is entitled to request appropriate cost advances from the customer.
11. Intellectual Property of Europlast
a. All delivered items as well as related execution documents, plans, sketches, cost estimates, etc., including software provided by Europlast or created with Europlast’s contribution, remain the exclusive intellectual property of Europlast.
b. The use—especially reproduction, distribution, sharing (even partial copying), imitation, modification, or exploitation—requires the express written consent of Europlast. In case of violation, Europlast expressly reserves the right to assert claims for injunction, damages, and any other possible claims.
c. The customer is obliged to maintain confidentiality regarding any knowledge obtained through the business relationship with Europlast and must not disclose it to third parties.
12. Warranty
a. The warranty period is one year from the date of handover. Unless otherwise agreed, the time of completion shall be considered the handover date. In any case, the goods shall be deemed accepted if they come under the customer’s control or if the customer refuses to accept the goods without providing a reason.
b. Complaints and defect notices of any kind must be submitted to Europlast in writing without delay, specifying the defect in detail. Otherwise, warranty claims shall be forfeited. If no complaint is made, the goods are considered approved. The customer must prove that the defect already existed at the time of handover. In the case of unjustified defect claims, the customer is obliged to reimburse Europlast immediately for any expenses incurred in verifying defect-free condition or rectifying the alleged defect.
c. Use or processing of defective goods that could result in further damage and/or hinder or prevent the investigation or rectification of the cause must be stopped immediately by the customer. Europlast is entitled to carry out or commission any investigation it deems necessary, even if this investigation renders the goods unusable.
d. Any transport and/or travel costs incurred in connection with the rectification of defects shall be borne by the customer. The defective goods must be returned to us by the customer, if reasonable. Upon request, the customer must provide—free of charge—the labor, energy, space, lifting equipment and services, scaffolding, etc., required for defect rectification and/or preparatory work and must cooperate accordingly.
e. Europlast must be granted at least two attempts to remedy the defect. The attempt to correct a reported defect does not constitute an acknowledgment of the defect.
g. If the goods cannot be used for the purpose intended by the customer, this does not constitute a defect, provided it is solely due to actual conditions deviating from those known to Europlast at the time the contract was concluded. Likewise, there is no defect if the customer’s technical systems are not in flawless, operational condition or are incompatible with the delivered goods. Color deviations in repeat deliveries do not constitute defects.
h. Europlast is only liable for those product characteristics that can be reasonably expected by the customer—based on their knowledge and experience—considering regulatory approvals, user manuals, and other product-specific instructions and notices (especially those relating to maintenance and inspection), provided by Europlast or third-party manufacturers/importers.
13. Liability / Guarantee
a. Guarantees are only provided based on an explicit written guarantee declaration.
b. In the case of financial losses, Europlast’s liability is limited in principle to cases of intent or gross negligence. The amount of compensation is limited to the maximum coverage amount of a liability insurance policy held by Europlast. This also applies to items handed over to Europlast for processing.
c. This limitation or exclusion also applies to claims against Europlast employees who cause damage to the customer without reference to an existing contractual relationship between Europlast and the customer.
d. Claims for damages must be asserted within two years; otherwise, they will expire.
e. Europlast is not liable for damages caused by improper handling or storage, excessive use, failure to follow operating or installation instructions, faulty assembly, maintenance, commissioning, etc., whether by the customer or third parties.
f. Liability is further limited in amount if the customer is entitled to compensation from their own or a third-party insurance policy taken out for their benefit (e.g., liability, comprehensive, transport insurance). In such cases, the customer agrees to claim the insurance benefit, and Europlast’s liability is limited to any disadvantages incurred by the customer due to using the insurance (e.g., higher insurance premiums).
g. Claims for recourse under product liability law are excluded. This does not apply to damages caused by Europlast’s conduct that was grossly negligent or intentional. The burden of proof for this lies with the customer.
14. Warranty Conditions for Waste Recycling Containers
Europlast guarantees the quality of its containers exclusively under the following conditions:
a. The customer must operate a documentation system in accordance with EN ISO 9001:2000 and retain all container- and vehicle-relevant documents for the entire warranty period.
b. The container location and environmental conditions must be documented throughout the warranty period.
c. The warranty applies only to containers that are lifted and emptied exclusively using lifting devices compliant with EN 1501.
d. All maintenance activities and modifications to the vehicle body and lifting components must be documented with details including: intervention date, location, personnel involved, reason for intervention, components involved, description of the intervention, identified standard deviations, and any issues encountered—signed by the technician.
e. Any interventions and maintenance on the vehicle body and lifting systems may only be performed by personnel with proven and documented expertise, certified by the lifting system manufacturer.
f. The lifting systems may only be operated by personnel who have been trained by the lifting system manufacturer.
g. During regular, documented inspections, all inspection points specified by the manufacturer must be performed and documented accordingly. Inspection intervals may not exceed three months or 10,000 lifting cycles, whichever comes first.
h. In the event of container damage relevant to warranty claims, a potential warranty claim must be reported to Europlast GmbH (Europlast GmbH, 9772 Dellach) immediately and no later than the following working day, in writing. The vehicle must be parked in a dry, weather-protected space and made available to Europlast for inspection. Upon request, lifting operations must be demonstrated, and measurements conducted according to instructions in the presence of appointed Europlast representatives.
i. The container location must be level and flat in accordance with DIN 18202. During the warranty period, the containers may be exposed to a maximum radiation load of 500 KLY.
j. Proper and appropriate handling, transport, and storage must be ensured and documented.
k. In the case of a warranty claim, the burden of proof lies with the customer. All documentation must be made available to Europlast for inspection upon first request and, if required, provided as notarized copies.
l. The manufacturing date marked on the container shall be considered the start of the warranty period.
m. The number of liftings during the warranty period is limited. A maximum average of one lifting per week is permitted.
n. Color deviations are excluded from this warranty.
15. Data Protection
The customer agrees that their personal data—namely name, address, telephone number, and email address—may be stored by Europlast for the purpose of processing the contractual relationship and for sending promotional materials about Europlast’s products. This consent can be revoked at any time by contacting Europlast (Europlast GmbH, Schmelz 83, 9772 Dellach).
16. Severability Clause
If individual provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions. In such a case, a new provision shall be agreed upon by the contracting parties that most closely reflects the intent of the invalid clause.
17. Jurisdiction / Applicable Law
a. The place of performance shall be the registered office of Europlast.
b. If the disputed amount is less than or equal to €500,000 (in words: five hundred thousand euros) and there exists an enforcement agreement for judicial decisions of Austrian courts with the state in which the customer has their registered office or habitual residence, then all disputes or claims arising out of or in connection with the contractual relationship or these General Terms and Conditions between Europlast and the customer—including disputes over validity, breach, termination, or nullity—shall be governed by Austrian law, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The competent court shall be the court with subject-matter jurisdiction for the city of Spittal/Drau.
c. If the disputed amount exceeds €500,000 (in words: five hundred thousand euros), or if there is no enforcement agreement for judicial decisions of Austrian courts with the state in which the customer has their registered office or habitual residence, then all disputes or claims arising out of or in connection with the contractual relationship or these General Terms and Conditions shall be resolved under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC, Vienna Rules), and shall be decided by three arbitrators appointed in accordance with those rules. Austrian law shall apply, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. In the event of arbitration, it is expressly agreed that the losing party shall bear all costs of the prevailing party.
18. Language
If a language other than German is used in addition to the contractual language (German), the German version shall prevail.
