General Terms and Conditions for Delivery Brochure

Sitz der Gesellschaft Hamburg, Amtsgericht Hamburg HRB 42798 Vorsitzender des Aufsichtsrates: Paul de Bruycker ? Geschäftsführer: Andreas Ellerkmann (Vors.), Christoph Brauneck, Bart Goethals General Conditions of Acceptance - Terms of Business - for the acceptance of wastes from abroad by the AVG Abfall-Verwertungs-Gesellschaft mbH Applicable from 01.01.2012 1. Wastes will be accepted only if proof of the admissibility of the intended disposal, notification, has been furnished pursuant to Council Regulation (EEC) No 1013/2006 of 14 June 2006 on the supervision and control of shipments of waste within, into and out of the European Community. 2. For the purpose of notification, the notifier shall first of all send to AVG the applicable waste disposal contract as well as a copy of the fully completed and signed notification forms plus all Annexes. Following examination of the statements and analytical data or samples of the waste to be disposed of submitted along therewith, the records will be passed on to the competent authority for approval. The notifier shall of its own accord point out any possible hazards that may arise from the wastes - particularly in case of inexpert handling. 3. On delivery of wastes, a copy of the notification together with the original movement and tracking forms and all Annexes are to be presented to the AVG. The original movement and tracking form will remain at AVG. 4. For each notification pursuant to Council Regulation (EEC) No 1013/2006 one movement and tracking form per transport/container/lorry is to be used. 5. The commercial shipment of wastes within Germany must have been approved pursuant to the "Kreislaufwirtschafts- und Abfallgesetz". This approval is given by the respective competent German authority. The shipment of wastes to the AVG and compliance with the official regulations, particularly the transportation licence, the handling of the movement and tracking form, compliance with the forwarding and packing regulations of the European Agreement concerning the international carriage of dangerous goods by road (ADR) or other applicable transport regulations shall be the exclusive responsibility of the notifier, and where appropriate also of the consignor as defined in the ADR. Shipment will be effected at the expense and on the responsibility of the notifier even if the notifier involves third-party companies in the shipment. If additional costs are incurred for shipment due to waiting times or due to return transport (Articles 22-25 of Council Regulation (EEC) No 1013/2006), then, in case the waste cannot be duly accepted, such costs shall be borne by the notifier. 6. Basically, the following materials shall be excluded from acceptance: ? explosive substances ? bottled gases ? radioactive materials ? unknown materials ? biological and chemical warfare agents We reserve the right to refuse acceptance of further materials in a particular case. 7. The disposal order will be accepted subject to the condition precedent of all official consents required by the AVG and third parties instructed by the AVG for the performance of the contractual obligations being granted. 8. The disposal price free Hamburg, Borsigstrasse 2 results from the prices current and obtainable on request at the time of delivery or from an offer plus statutory value added tax. The settlement basis will be the weight determined on the AVG weighbridge including packing and pallet. Offers by the AVG are without engagement and are made subject to unused capacities. 9. Payments shall be effected immediately on receipt of invoice without any deduction. The acceptance of the waste by AVG Abfall-Verwertungs-Gesellschaft mbH is decisive for the incurrence of the obligation to make payment. The obligation to make payment is independent of the time of the actual disposal of the waste. In case of delay in payment, the notifier will default without any special request for payment being required. In the event of default in payment, the AVG shall be entitled to demand interest on defaulted payment at the rate of 5% above the base interest rate of the European Central Bank. 10. The notifier shall be liable for any damage caused by it or its agents or by enterprises involved by it to the AVG and its vicarious agents, particularly as a result of - non-compliance with these General Terms of Acceptance and the AVG Instruction Leaflets attached to the offer - incorrect or incomplete statements about the nature and qualities of wastes, particularly in the notification - delivery of wastes other than the wastes specified in the notification; deviations will be admissible only subject to the approval of the AVG - deviations of the wastes delivered from the analytical findings and samples - improper movement on the plant site (the Road Traffic Regulations shall apply mutatis mutandis) and improper unloading of vehicles - non-compliance with the safety regulations of the AVG (will be handed over on delivery) - non-compliance with the pertinent accident prevention regulations - non-compliance with the pertinent provisions of the law relating to waste disposal. In the cases mentioned above, the AVG shall also be entitled to refuse acceptance of wastes or to return wastes to the notifier at his expense. 11. Deviations from the conditions of delivery may involve additional disposal costs as far as treatment is possible in the plants of the AVG. If, e.g. in case of defective deliveries, analyses will be required, the AVG reserves the right to invoice them separately. 12. The AVG shall not be liable for any damage caused to the notifier or its agents or enterprises involved by the notifier as a result of entry into and/or movement on the plant site or otherwise on delivery or disposal, unless intent or gross negligence will be imputable to the AVG. The notifier shall as far as necessary indemnify the AVG against any liability to the appropriate extent. 13. By delivering wastes, the notifier expressly accepts these General Conditions of Acceptance/Terms of Business. They shall apply to all disposal operations at the AVG, unless otherwise agreed in writing. 14. Any invalidity of parts hereof shall not result in the invalidity of the entire agreement and of these conditions. Ineffective provisions shall be replaced by such effective provisions as come as close as possible to the ineffective provisions in terms of their economic content and effect. 15. Exclusive place of jurisdiction for all disputes arising out of or in connection with the agreement shall be the city of Hamburg for both parts. AVG Abfall-Verwertungs-Gesellschaft mbH